Nghị định 41/2005/ND-CP

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON INSPECTION

THE GOVERNMENT

Pursuant to the December 25, 2004 Law on Organization of the Government;
Pursuant to the June 15, 2004 Law on Inspection;
At the proposal of the Inspector General,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree details and guides the implementation of a number of articles of the Law on Inspection on organization, tasks and powers of inspectorates of provinces or centrally-run cities; inspectorates of urban districts, rural districts or provincial towns; inspectorates of ministries, ministerial-level agencies or Government-attached agencies; inspectorates of provincial/municipal Services; administrative inspection and specialized inspection activities; responsibilities of agencies, organizations and individuals in ensuring inspection activities.

Article 2.- State inspection agencies

1. Inspection agencies, which are established according to administrative levels, include:

a/ The Government Inspectorate;

b/ Inspectorates of provinces or centrally-run cities (collectively referred to as provincial inspectorates);

c/ Inspectorates of rural districts, urban districts, provincial towns (collectively referred to as district inspectorates);

2. Inspection agencies, which are established in branch or domain-managing agencies, include:

a/ Inspectorates of ministries or ministerial-level agencies (collectively referred to as ministerial-level inspectorates);

Inspectorates of the Government-attached agencies have the function of State management over branches or domains.

b/ Inspectorates of provincial/municipal Services.

3. State inspection agencies shall be subject to the personal direction by heads of State management agencies of the same level; and at the same time submit to the working, organizational or professional direction and instruction by the Government Inspectorate as well as to working and professional instruction by superior inspectorates.

Article 3.- Principles of inspection activities

1. Inspection activities must comply with law; ensure accuracy, objectiveness, honesty, publicity, democracy and timeliness; not impede normal activities of agencies, organizations and individuals being subject to inspection.

2. When conducting inspections, inspection decision issuers, heads of inspection agencies, heads of inspection teams, inspectors and members of inspection teams shall have to comply with provisions of law on inspection and be held responsible before law for their acts and decisions.

Article 4.- Responsibilities of heads of State management agencies

The Prime Minister, the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the presidents of the People’s Committees of the provinces or centrally-run cities, the heads of the professional agencies under the People’s Committees of the provinces or centrally-run cities, the presidents of the People’s Committees of urban districts, rural districts, provincial capitals or towns shall, within the ambit of their tasks and powers, have to strengthen the organization and ensure conditions for operation of inspection agencies; regularly direct inspection activities; promptly handle conclusions and proposals of inspection agencies.

Chapter II

ORGANIZATION, TASKS AND POWERS OF STATE INSPECTION AGENCIES

Section 1. ORGANIZATION, TASKS AND POWERS OF INSPECTION AGENCIES ACCORDING TO ADMINISTRATIVE LEVELS

Article 5.- The Government Inspectorate

The Government Inspectorate is a ministerial-level agency, which is answerable to the Government for performing the State management over inspection work and performs the inspection tasks and exercises its powers within the scope of the Government’s State management.

Functions, tasks, powers and organization structure of the Government Inspectorate are defined in another decree.

Article 6.- Organization of provincial inspectorates

1. Provincial inspectorates are professional agencies of provincial-level People’s Committees, which are responsible for assisting provincial-level People’s Committees in the State management over inspection work and perform their tasks and exercise their powers in inspecting the implementation of policies and laws and the performance of tasks by agencies, organizations and individuals within the scope of State management of the People’s Committees of the same level.

A provincial-level inspectorate is composed of the chief inspector, deputy-chief inspectors and inspectors.

The provincial-level People’s Committee presidents shall appoint, dismiss or remove from office provincial deputy-chief inspectors at requests of provincial chief inspectors. The provincial deputy-chief inspectors shall assist their provincial chief inspectors, taking charge of one or several working domains, and be answerable to the chief inspectors for the performance of assigned tasks.

Provincial inspectorates have their own seals.

2. A provincial inspectorate is organizationally structured to have:

a/ Professional sections for performing functions and tasks of the provincial inspectorate.

b/ The Office.

3. The organizational structure and payroll of provincial inspectorates shall be decided by provincial-level People’s Committees.

Article 7.- Tasks and powers of provincial inspectorates

1. To perform the tasks and exercise the powers defined in Article 18 of the Law on Inspection.

2. To guide, inspect and urge the formulation and implementation of inspection programs and plans of district inspectorates and provincial Services’ inspectorates.

3. To propose to competent State agencies the implementation suspension or annulment of unlawful regulations detected through inspection.

4. To monitor, inspect and urge the materialization of inspection conclusions, proposals and handling decisions of provincial inspectorates.

5. To give to district People’s Committees, provincial Services and concerned agencies and organizations the commendations on organizational structure, payroll, regimes and policies toward district inspectorates and provincial Services’ inspectorates.

6. To provide professional guidance on administrative inspection operations to district inspectorates and provincial Services’ inspectorates.

To organize inspection operation trainings for inspectors of district inspectorates and provincial Services’ inspectorates.

7. To review, draw experience from and formulate inspection professional operations within the scope of State management of provincial inspectorates.

8. To requisition officials and public employees of subordinate inspection agencies; to request concerned agencies and units to send their officials and public employees to join in inspection teams.

Article 8.- Tasks and powers of provincial chief inspectors

1. To perform the tasks and exercise the powers defined in Article 19 of the Law on Inspection.

2. To lead and direct the inspection work of provincial inspectorates, district inspectorates, provincial Services’ inspectorates under the management of People’s Committees of the same level.

3. To guide, inspect and urge district-level People’s Committee presidents and provincial Services’ directors in working out and implementing inspection programs and plans within the scope of management of district-level People’s Committees or provincial Services.

4. To propose provincial-level People’s Committee presidents to solve the overlapping or repetition of inspection programs, plans or contents within the scope of State management of provincial-level People’s Committees; to advise provincial-level People’s Committee presidents on coordination with ministers in solving the overlapping or repetition of inspection and examination programs, plans or contents in the provinces or centrally-run cities.

5. To monitor, inspect and urge the materialization of inspection conclusions, proposals and handling decisions falling within the ambit of responsibility of district-level People’s Committee presidents or provincial Services’ directors.

6. To guide and urge district-level People’s Committee presidents or provincial Services’ directors in observing provisions of law on inspection.

7. To report to provincial-level People’s Committee presidents and the Inspector General on inspection work within the ambit of their responsibilities.

8. To inspect and examine district-level People’s Committee presidents or provincial Services’ directors in their observance of provisions of law on inspection.

9. To consult and reach agreements with district-level People’s Committee presidents or provincial Services’ directors on appointment, dismissal or removal from office of district chief inspectors or provincial Services’ chief inspectors and inspection posts.

Article 9.- Organization of district inspectorates

1. District inspectorates are professional agencies of district-level People’s Committees, which are responsible for assisting district-level People’s Committees in the State management over inspection work and perform the tasks and exercise the powers in inspecting the implementation of policies and laws and the performance of tasks by agencies, organizations and individuals within the scope of State management of the People’s Committees of the same level.

A district-level inspectorate is composed of the chief inspector, deputy chief inspectors and inspectors.

Presidents of district-level People’s Committees shall appoint, dismiss or remove from office district deputy-chief inspectors at requests of district chief inspectors. District deputy-chief inspectors shall assist their district chief inspectors, taking charge of one or several working domains, and be answerable to the chief inspectors for the performance of assigned tasks.

District inspectorates have their own seals.

2. Payrolls of provincial inspectorates shall be decided by district-level People’s Committees.

Article 10.- Tasks and powers of district inspectorates

1. To perform the tasks and exercise the powers defined in Article 21 of the Law on Inspection.

2. To propose competent State agencies to suspend the implementation of, or to annul unlawful regulations detected through inspections.

3. To monitor, inspect and urge the materialization of inspection conclusions, proposals and handling decisions of district inspectorates.

Article 11.- Tasks and powers of district chief inspectors

1. To perform the tasks and exercise the powers defined in Article 22 of the Law on Inspection.

2. To lead and direct the inspection work of district inspectorates; to guide, inspect inspection and examination operations of agencies and units under the management of People’s Committees of the same level.

3. To inspect and urge the presidents of commune-level People’s Committees and the heads of professional agencies of district-level People’s Committees in materializing inspection conclusions, proposals and handling decisions within their respective management scopes.

4. To guide and urge the presidents of commune-level People’s Committees and the heads of professional agencies of district-level People’s Committees in observing provisions of law on inspection.

5. To report to district-level People’s Committee presidents and provincial chief inspectors on inspection work within the ambit of their responsibilities.

6. To inspect and examine responsibilities of the presidents of commune-level People’s Committee and the heads of professional agencies of district-level People’s Committees in observing provisions of law on inspection.

Section 2. ORGANIZATION, TASKS AND POWERS OF INSPECTION AGENCIES ORGANIZED ACCORDING TO BRANCHES OR DOMAINS

Article 12.- Ministerial inspectorates

1. Ministerial inspectorates are agencies of ministries, which are responsible for assisting ministers in the State management over inspection work, perform the tasks and exercise the powers of administrative inspection and specialized inspection in domains within the State management scope of ministries.

A ministerial inspectorate is composed of chief inspector, deputy-chief inspectors and inspectors.

Ministers shall appoint, dismiss or remove from office ministerial deputy-chief inspectors at requests of ministerial chief inspectors. Ministerial deputy-chief inspectors are assigned to take charge of one or several working domains and answerable to ministerial chief inspectors for the performance of their assigned tasks.

Ministerial inspectorates have their own seals.

2. The organizational structures and payrolls of ministerial inspectorates shall be decided by ministers.

3. Basing themselves on the functions, tasks and State management requirements of their ministries or branches, the ministers or the heads of ministerial-level agencies shall reach unanimity with the Inspector General before proposing the Government to define the organization and operations of ministerial inspectorates.

Article 13.- Tasks and powers of ministerial inspectorates

1. To perform the tasks and exercise the powers defined in Article 25 of the Law on Inspection.

2. To propose competent State agencies to suspend the implementation of, or to annul unlawful regulations detected through inspections.

3. To monitor, inspect and urge the materialization of inspection conclusions, proposals and handling decisions of ministerial inspectorates.

4. To review, draw experiences from, and formulate inspection professional operations within the scope of ministerial inspectorates’ State management.

5. To requisition officials and public employees of concerned agencies and units to join in inspection teams.

Article 14.- Tasks and powers of ministerial chief inspectors

1. To perform the tasks and exercise the powers defined in Article 26 of the Law on Inspection.

2. To propose ministers to solve the overlapping or repetition of inspection programs, plans or contents within the scope of the ministries’ State management; to advise ministers on coordination with provincial People’s Committee presidents in solving the overlapping or repetition of inspection and examination programs, plans or contents in the provinces or centrally-run cities.

3. To monitor, inspect and urge the materialization of inspection conclusions, proposals and handling decisions falling within the ambit of responsibility of the heads of agencies or units under the ministries’ management.

4. To guide and urge the heads of agencies or units under the ministries’ management in observing provisions of law on inspection; to coordinate with heads of agencies or units under the ministries in directing and guiding internal inspection organization and activities in such agencies or units.

5. To report to ministers and the Inspector General on inspection work within the ambit of their responsibilities.

6. To inspect and examine the responsibilities of the heads of agencies and units under the ministries’ management in observing provisions of law on inspection.

Article 15.- Government-attached agencies’ inspectorates 

The Government-attached agencies having the function of State management over branches or domains are allowed to establish their inspectorates to assist their heads in the State management over inspection work, perform the tasks and exercise the powers of administrative inspection and specialized inspection in the domains falling within the scope of their State management.

The organization, tasks and powers of the Government-attached agencies’ inspectorates shall comply with provisions applicable to ministerial inspectorates.

Article 16.- Organization of provincial Services’ inspectorates 

1. Provincial services’ inspectorates are agencies of provincial Services, which are responsible for assisting the provincial Services’ directors in performing the tasks and exercising the powers of administrative inspection and specialized inspection within the scope of tasks and powers of provincial Services’ directors.

A provincial Service’s inspectorate is composed of chief inspector, deputy-chief inspectors and inspectors.

Provincial Services’ directors shall appoint, dismiss or remove from office provincial Services’ deputy-chief inspectors at requests of provincial Services’ chief inspectors. Provincial Services’ deputy-chief inspectors shall assist their provincial Services’ chief inspectors in taking charge of one or several working domains and have to perform their assigned tasks.

Provincial Services’ inspectorates have their own seals.

Payrolls of provincial Services’ inspectorates shall be decided by provincial Services’ directors.

2. Provincial Services’ inspectorates shall submit to the provincial inspectorates’ professional guidance on administrative inspection work and operations and ministerial inspectorates’ professional guidance on specialized inspection operations.

3. The establishment of provincial Services’ inspectorates shall be submitted by provincial Services’ directors after reaching agreement with provincial Services’ chief inspectors to provincial-level People’s Committee presidents for decision.

Article 17.- Tasks and powers of provincial Services’ inspectorates

1. To perform the tasks and exercise the powers defined in Article 28 of the Law on Inspection.

2. To propose competent State agencies to suspend the implementation of, or to annul regulations contrary to the State’s legal documents, which are detected through inspections.

3. To monitor, inspect and urge the materialization of their inspection conclusions, proposals and handling decisions.

4. To guide and inspect units under the provincial Services in observing provisions of law on inspection; to coordinate with the heads of agencies or units under the provincial Services in directing and guiding internal inspection organization and activities in such agencies or units.

5. To request concerned agencies or units to send their officials or public employees to take part in inspection teams.

Article 18.- Tasks and powers of provincial Services’ chief inspectors

1. To perform the tasks and exercise the powers defined in Article 29 of the Law on Inspection.

2. To lead and direct the inspection work, guide and inspect the inspection activities of agencies or units under the management of provincial Services’ directors.

3. To monitor, inspect and urge the materialization of inspection conclusions, proposals and handling decisions within the scope of responsibilities of the heads of agencies or units under the management of provincial Services.

4. To guide and urge the heads of agencies or units under the management of provincial Services in implementing provisions of law on inspection.

5. To report to provincial Services’ directors or provincial chief inspectors on inspection work within the ambit of their responsibilities.

6. To inspect and examine the responsibilities of the heads of agencies or units under the provincial Services’ management in observing provisions of law on inspection.

Chapter III

INSPECTION ACTIVITIES

Section 1. ADMINISTRATIVE INSPECTION ACTIVITIES

Article 19.- Inspection programs and plans

1. The Inspector General shall have to formulate inspection programs and plans, then submit them to the Prime Minister for approval. Chief inspectors of all levels and branches shall have to formulate inspection programs and plans, then submit them to the heads of State management agencies of the same level for approval.

Inspection programs and plans shall be formulated on the basis of working requirements and tasks of State management agencies of the same level; requirements of the settlement of complaints, denunciations, and guidance of superior inspection agencies.

2. In cases where it is necessary to adjust inspection programs or plans, the Inspector General and chief inspectors of all levels or branches shall send written requests to the Prime Minister or the heads of State management agencies of the same level for approval.

Within 15 days after receiving the written requests, the heads of State management agencies shall have to consider, decide and notify inspection agencies and concerned agencies of their decisions.

Article 20.- Decisions on inspections under programs or plans

1. Basing themselves on inspection programs or plans already approved, the Inspector General and inspectors of all levels or branches shall issue inspection decisions and set up inspection teams to conduct inspections. In case of necessity, heads of State management agencies shall issue inspection decisions and set up inspection teams to conduct inspections.

2. Before issuing inspection decisions, inspection decision issuers shall collect necessary information and documents related to inspection contents and subjects; identify the nature, requirements and objectives of inspections, and time schedule for conducting inspections; select heads of inspection teams, pick up members of inspection teams and prepare other conditions in service of inspections.

Article 21.- Decisions on extraordinary inspections

1. Extraordinary inspections shall be conducted upon detection of signs of law violations by agencies, organizations or individuals according to the requirements of settlement of complaints and denunciations or under assignment by heads of State management agencies.

2. The Inspector General shall issue extraordinary inspection decisions within his/her competence; chief inspectors of all levels or branches shall propose the heads of State management agencies of the same level to decide on extraordinary inspections.

3. Within 5 days after receiving extraordinary inspection requests of chief inspectors of all levels or branches, the heads of State management agencies of the same level shall consider and decide on the inspections and notify the chief inspectors of all levels or branches of their decisions.

4. Basing themselves on approval decisions of the heads of State management agencies, the chief inspectors of all levels or branches shall issue inspection decisions and set up inspection teams to conduct inspections. In case of necessity, heads of State management agencies shall issue inspection decisions and set up inspection teams to conduct inspections.

5. When detecting cases of law violation which must be promptly inspected, chief inspectors of all levels or branches shall issue inspection decisions and concurrently report such to the heads of State management agencies of the same level.

Article 22.- Inspection duration

The duration of an inspection conducted by each inspection level shall comply with the provisions of Clause 1, Article 38 of the Law on Inspection, and start from the date the inspection decision is announced till the end of the inspection at the inspection place, excluding holidays and weekends.

Article 23.- Inspection teams

1. Inspection teams shall be set up under decisions of the heads of State management agencies or heads of inspection agencies to conduct inspections according to the inspection contents, objects and duration stated in the inspection decisions.

An inspection team is composed of its head and members. In case of necessity, inspection teams may have their deputy heads to assist their heads in performing a number of assigned tasks and be answerable to the inspection team heads for the performance of their assigned tasks.

2. Heads of inspection teams shall be held responsible before law, inspection decision issuers and their direct managers for the performance of their assigned inspection tasks. They shall have the tasks and powers defined in Article 39 of the Law on Inspection.

3. Members of inspection teams shall be held responsible before law, heads of inspection teams and inspection decision issuers for the performance of their assigned inspection tasks. They shall have the tasks and powers defined in Article 40 of the Law on Inspection.

Article 24.- Inspection preparation

1. Heads of inspection teams shall have to work out plans on conducting inspections, then submit them to inspection decision issuers for approval before inspection decisions are announced.

Inspection plans must clearly state the inspection objectives, requirements and contents; inspection methods; and inspection schedule.

2. Heads of inspection teams shall have to make known plans and assign tasks to each member of the inspection teams.

Article 25.- Announcement of inspection decisions

1. Within 15 days after the issuance of inspection decisions, heads of inspection teams shall have to announce the inspection decisions to agencies, organizations or individuals subject to the inspection. Participants to the meetings for announcement of the inspection decisions shall be decided by the heads of inspection teams.

2. After announcing inspection decisions, the heads of inspection teams shall have to clearly state the tasks and powers of the inspection teams, the inspection duration, rights and responsibilities of inspected subjects, inspection teams’ tentative plans on working with inspected subjects.

The announcement of inspection decisions must be recorded in writing.

Article 26.- Responsibilities of members of inspection teams, heads of inspection teams, inspection decision issuers

1. While conducting inspections, members of inspection teams shall have to collect information, documents and evidences related to their assigned tasks. The collection of information, documents and evidences must be recorded in writing, clearly stating their sources (if any), signatures of collectors and suppliers.

Members of inspection teams must report on the progress and results of performance of their assigned tasks to the heads of inspection teams; where they detect matters which must be promptly handled or go beyond their competence, they must report such to the heads of inspection teams for consideration and decision.

2. While conducting inspections, heads of inspection teams must abide by directions of inspection decision issuers, and report to the latter on the progress and results of performance of their assigned tasks as well as matters falling beyond their competence. In case of necessity, heads of inspection teams shall request inspection decision issuers to amend or supplement inspection plans or change members of inspection teams.

3. Inspection decision issuers shall have to direct inspection teams in strictly complying with the contents and duration stated in the inspection decisions; promptly handle proposals of inspection teams; apply according to their competence measures to handle problems posed by the inspections; decide on change of heads or members of inspection teams when necessary.

Article 27.- Requests for supply of information, documents, reports or explanations by inspected subjects

1. While conducting inspections, inspectors, heads of inspection teams or inspection decision issuers may request inspected subjects to supply information, documents, report in writing or explain matters related to inspection contents.

2. Inspected subjects are obliged to supply in a timely, full and accurate manner information and documents at requests of inspectors, heads of inspection teams or inspection decision issuers and shall be held responsible before law for the accuracy and truthfulness of the supplied information and documents.

In cases where information or documents already supplied by inspected subjects are inadequate, inspectors or heads of inspection teams or inspection decision issuers may request inspected subjects to make additional reports.

3. Inspectors, heads of inspection teams or inspection decision issuers shall have to preserve, exploit or use such information and documents for right purposes.

4. In cases where inspected subjects fail to supply or intentionally delay the supply or supply inadequate or inaccurate information and documents related to inspection contents, inspectors, heads of inspection teams or inspection decision issuers shall, depending on the nature and seriousness of violation acts of the inspected subjects, apply handling measures according to their competence or request heads of competent State agencies to apply measures for handling the inspected subjects.

Article 28.- Requests for supply of information and documents related to inspection contents by agencies, organizations or individuals

1. While conducting inspections, inspectors, heads of inspection teams or inspection decision issuers may request agencies, organizations or individuals to supply information and documents related to inspection contents.

2. Agencies, organizations or individuals requested by inspectors, heads of inspection teams or inspection decision issuers to supply information and documents are obliged to supply them in a timely, full and accurate manner and shall be held responsible before law for the accuracy and truthfulness of the supplied information and documents.

In cases where the supplied information and documents are inadequate, inspectors, heads of inspection teams or inspection decision issuers may request the said agencies, organizations or individuals to supply additional information and/or documents.

3. Inspectors, heads of inspection teams or inspection decision issuers shall have to preserve, exploit or use such information and documents for right purposes.

4. In cases where agencies, organizations or individuals fail to supply or intentionally delay the supply or supply inadequate or inaccurate information and documents related to inspection contents, inspectors, heads of inspection teams or inspection decision issuers shall, depending on the nature and seriousness of violation acts of such agencies, organizations or individuals, apply handling measures according to their competence or request the heads of competent State agencies to apply measures for handling such agencies, organizations or individuals.

Article 29.- Sealing up of documents

1. When deeming it necessary to preserve documents in status quo, heads of inspection teams may decide to partially or wholly seal up documents related to inspection contents.

Decisions on sealing up of documents must be made in writing, clearly stating the documents which need to be sealed up, the sealing duration, and obligations of inspected subjects. In case of necessity, a written record on the list of documents to be sealed up shall be made with signatures of inspected subjects and representatives of inspection teams.

2. The use of sealed-up documents must be consented by sealing decision issuers.

3. When deeming it unnecessary to apply sealing measures, sealing decision issuers must issue decisions on immediate cancellation of such measures.

Article 30.- Asset inventory

1. While conducting inspections, if detecting disparity or irrationality between books or vouchers and reality or signs of asset misappropriation, heads of inspection teams or inspection decision issuers shall decide to inventory assets.

2. Asset inventory decisions must be made in writing, clearly stating contents, time and places for inventory, responsibilities of persons conducting the inventory, obligations of inspected subjects. The asset inventory must be recorded in writing, clearly stating participants, time and places for conducting inventory, names, quantity and conditions of the assets. For assets which need to be handed over to functional agencies for temporary custody, there must be written requests for temporary custody by such agencies. For private assets of individuals, the inventory thereof shall comply with provisions of law.

3. When deeming it unnecessary to apply the asset inventory measure, persons who have issued inventory decisions must issue decisions to immediately cancel such measure.

Article 31.- Invitation of expertise

When deeming it necessary to base their conclusions on professional or technical assessments, heads of inspection teams shall request inspection decision issuers to decide on invitation of expertise. The invitation of expertise must be made in writing, clearly stating the requirements, contents and duration of expertise, expertising agencies or organizations.

Expertising agencies or organizations shall be held responsible before law for the accuracy and objectivity of expertise results.

Article 32.- Suspension of violation acts

1. In the course of inspection, if detecting any acts which are causing or likely to cause serious damage to interests of the State, legitimate rights and interests of agencies, organizations or individuals, the heads of inspection teams or inspection decision issuers shall issue decisions to suspend such acts. In case of necessity, they may propose competent persons to issue decisions to suspend violation acts.

2. Suspension decisions must be made in writing, clearly stating the suspension reasons, contents and duration. When deeming it unnecessary to apply the suspension measure, suspension decision issuers shall issue decisions to immediately cancel such measure.

Article 33.- Temporary seizure of money, objects or permits illegally granted or used

1. In the course of inspection, if detecting money amounts, objects or permits illegally granted or used and deeming it necessary to promptly prevent law violations or to verify circumstances to serve as evidences for conclusion or handling, the heads of inspection teams shall request competent persons to issue decisions on temporary seizure of money, objects or granted permits.

2. When deeming it unnecessary to apply the temporary seizure measure, issuers of decisions on temporary seizure of money, objects or permits illegally granted or used shall issue decisions to immediately cancel such measure.

Article 34.- Reports on inspection results

1. Heads of inspection teams shall have to make reports on inspection results. Reports on inspection results have the contents provided for in Clause 1, Article 41 of the Law on Inspection.

2. Heads of inspection teams shall have to gather comments of members of inspection teams on draft reports on inspection results. Within 15 days after the end of inspections, heads of inspection teams shall make and send written reports on inspection results to inspection decision issuers. In case of divergence of opinions between the heads and members of the inspection teams, such opinion divergence must be clearly stated. Heads of inspection teams shall take responsibility for the accuracy, truthfulness and objectivity of inspection contents.

3. In cases where it is necessary to further clarify some contents in service of compilation of reports on inspection results, heads of inspection teams may request inspected subjects to explain or clarify them.

Article 35.- Inspection conclusions and inspection dossiers 

1. After receiving reports on inspection results, inspection decision issuers shall have to examine contents of such reports and sign inspection conclusions.

In the course of making inspection conclusions, inspection decision issuers may request heads and members of inspection teams to report, or inspected subjects to explain so as to further clarify necessary matters in service of making of inspection conclusions.

In case of necessity, inspection decision issuers shall request inspection teams to conduct additional inspection to further clarify a number of contents. Additional inspection results must be reported in writing to serve as a basis for compilation of written inspection conclusions.

2. Before making official conclusions, if deeming it necessary, inspection conclusion makers may send draft inspection conclusions to inspected subjects. Inspected subjects may explain matters in the contents of the draft inspection conclusions, on which they still disagree with. The explanation by inspected subjects must be made in writing and supported by evidences.

Basing themselves on inspection result reports and after considering the explanations of inspected subjects, inspection decision issuers shall make written inspection conclusions which must have the contents provided for in Clause 1, Article 43 of the Law on Inspection.

3. Inspection decision issuers shall have to notify or send inspection conclusions to inspected subjects. In case of necessity, they may authorize heads of inspection teams to notify inspection conclusions. The notification of inspection conclusions shall be made in writing.

4. Inspection conclusions shall be sent to persons defined in Clause 3, Article 43 of the Law on Inspection.

5. Inspections must be recorded in dossiers, and heads of inspection teams shall have to compile and hand over inspection dossiers to agencies which have issued inspection decisions. The compilation, management and use of inspection dossiers shall comply with the provisions of Article 56 of the Law on Inspection.

Article 36.- Recovery of money amounts and/or assets misappropriated or illegally used or lost due to unlawful acts

1. When having grounds to conclude that money amounts and/or assets are misappropriated or illegally used or lost due to unlawful acts of inspected subjects, inspection decision issuers shall issue decisions to recover them. Recovery decisions must clearly state the money amounts and/or assets to be recovered, responsibilities of recovering agencies, recovery duration, responsibilities of inspected subjects.

Inspection decision issuers shall seize money amounts and/or assets according to provisions of law or assign functional agencies to do so.

2. Inspected subjects whose money amounts and/or assets are seized must strictly abide by recovery decisions. In cases where they fail to abide by or fail to strictly abide by recovery decisions, they shall, depending on the nature and seriousness of their violation acts, be disciplined, administratively sanctioned or examined for penal liability.

3. Recovery decision issuers shall have to organize the recovery, monitor, inspect and urge the execution of recovery decisions.

Section 2. SPECIALIZED INSPECTION ACTIVITIES

Article 37.- Decisions on specialized inspections under programs or plans

1. Basing themselves on inspection programs or plans already approved by the ministers or provincial Services’ directors, the ministerial chief inspectors or provincial Services’ chief inspectors shall issue inspection decisions and set up inspection teams to conduct inspections or assign specialized inspectors to perform the inspection tasks. In case of necessity, the ministers or provincial Services’ directors shall issue inspection decisions and set up inspection teams.

2. In cases where chief inspectors assign tasks to specialized inspectors to independently perform inspections, such assignment must be made in writing, clearly stating the inspection scope, tasks and duration.

Article 38.- Extraordinary specialized inspection decisions

1. Extraordinary specialized inspections shall be conducted upon detection of  signs of law violations by agencies, organizations or individuals; or according to requirements of the settlement of complaints or denunciations or under assignment by heads of State management agencies.

2. Ministerial chief inspectors, provincial Services’ chief inspectors shall propose the ministers or provincial Services’ directors to decide on extraordinary specialized inspections.

Within 3 days after receiving the proposals, the ministers or provincial Services’ directors shall have to approve such proposals and notify the approval to ministerial chief inspectors or provincial Services’ chief inspectors.

3. Basing themselves on approval decisions of the ministers or provincial Services’ directors, ministerial chief inspectors or provincial Services’ chief inspectors shall issue inspection decisions and set up inspection teams to conduct the inspections. In case of necessity, ministers or provincial Services’ directors shall issue inspection decisions and set up inspection  teams.

Basing themselves on inspection result reports, ministers or provincial Services’ directors may authorize ministerial chief inspectors or provincial Services’ chief inspectors who set up inspection teams to make inspection conclusions.

4. Upon detecting cases of law violation which must be immediately stopped, ministerial chief inspectors or provincial Services’ chief inspectors shall issue inspection decisions, and at the same time promptly report thereon to ministers or provincial Services’ directors.

5. In emergency cases where violation acts must be immediately stopped or handled, inspectors may apply measures according to their competence to handle law violation acts, and at the same time promptly report such to chief inspectors and take responsibility before law for their handling measures.

Article 39.- Specialized inspection teams 

Specialized inspection teams set up to conduct specialized inspections shall comply with the provisions of Article 23 of this Decree.

Article 40.- Competence of inspectors, heads of inspection teams and specialized inspection decision issuers

In the course of specialized inspection, the specialized inspectors may, according to their respective competence, apply measures defined in Article 50 of the Law on Inspection and Articles 27 and 28 of this Decree.

Heads of specialized inspection teams may, according to their respective competence, apply measures defined in Article 49 of the Law on Inspection and Articles 27, 28, 29, 30 and 31 of this Decree.

Specialized inspection decision issuers may, according to their respective competence, apply measures defined in Article 52 of the Law on Inspection and Articles 27, 28, 30, 31, 32, 33 and 35 of this Decree.

Article 41.- Duration of specialized inspection

The duration of a specialized inspection shall, as provided for in Article 48 of the Law on Inspection, start from the date of announcing the inspection decision till the end of the inspection at the inspected place, excluding holidays and weekends.

Article 42.- Reports on specialized inspection results, specialized inspection conclusions

The making of specialized inspection result reports and specialized inspection conclusions shall comply with the provisions of Article 51 of the Law on Inspection and Articles 34 and 35 of this Decree.

Chapter IV

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS FOR ENSURING INSPECTION ACTIVITIES

Article 43.- Responsibilities of inspection decision issuers

1. Inspection decision issuers, when making written inspection conclusions, must comply with the provisions of Article 43 of the Law on Inspection; their handling requests must clearly state the subjects to be handled and handling time limit, and responsibilities of concerned agencies, units or individuals.

2. In case of necessity to apply measures to recover money amounts and/or assets according to the provisions of Point i, Clause 1, Article 42 of the Law on Inspection, the agencies of inspection decision issuers shall handle and organize the execution of handling decisions.

If, past the time limit for execution of handling decisions, inspected subjects still fail to execute them, inspection decision issuers shall request the State Treasury or the State Bank where inspected subjects have their transaction accounts to apply measures according to its competence to recover money amounts according to provisions of law. For assets, they shall request other functional agencies to recover and handle them according to provisions of law.

3. To monitor, inspect and urge the materialization of inspection conclusions, proposals and handling decisions.

Article 44.- Responsibilities of heads of State management agencies

Within 15 days after inspection conclusions are made, heads of State management agencies shall have to consider and process inspection conclusions and have the responsibilities:

1. To issue decisions according to their competence to administratively or economically discipline the agencies, organizations or individuals that commit violation acts and organize the execution of such handling decisions.

2. To request heads of agencies or units under their management to apply administrative or economic disciplining measures against agencies, organizations or individuals that commit violation acts and report on implementation results of such requests.

3. To apply measures according to their competence to rectify or redress loopholes or weaknesses in the management or request competent State agencies to amend, supplement or perfect mechanisms, policies or laws.

4. To notify inspection agencies which have made inspection conclusions of the results of consideration and processing of inspection conclusions.

Article 45.- Responsibilities of agencies, organizations or individuals being inspected subjects 

Upon receiving inspection conclusions or handling decisions, the inspected agencies, organizations or individuals shall have to strictly execute inspection requests and handling decisions in terms of content and time limit; report on execution thereof to agencies which have made inspection conclusions and their direct managing agencies.

In cases where inspected agencies, organizations or individuals fail to execute or fail to strictly execute inspection requests or handling decisions, inspection decision-issuing agencies shall request the heads of agencies directly managing the inspected subjects to apply measures according to their competence to force the inspected subjects to execute them.

In cases where inspected agencies, organizations or individuals intentionally fail to execute or heads of agencies directly managing the inspected subjects show irresponsibility or intentionally cover up them, they shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability.

Article 46.- Responsibilities of concerned agencies, organization or individuals for executing inspection conclusions or handling decisions

Within 10 days after receiving requests of inspection agencies or State management agencies, the concerned agencies, organizations or individuals shall, within the ambit of their respective tasks and powers, have to apply measures to fulfill their responsibilities defined in inspection conclusions or handling decisions, then report on fulfillment results to requesting agencies.

Article 47.- Responsibilities of heads of State management for organizing and directing inspection activities

1. To lead and direct inspection activities; and to be answerable to superior agencies for inspection work within the scope of their management.

2. To strengthen organization and appoint inspection posts; to arrange capable and virtuous officials to conduct inspections.

3. To base themselves on the management requirements of their ministries, branches or localities as well as working programs of superior inspection agencies to direct the formulation of and approve inspection programs and plans of inspection agencies under their direct management.

4. To hear periodical reports of inspection agencies under their management and make periodical reports to superior State management agencies on inspection work. To promptly solve difficulties and problems in inspection work; to handle overlapping or repetition in inspection and examination activities under their management.

5. To consider and promptly process inspection conclusions.

6. To inspect and examine on a regular basis the responsibilities of agencies, units and individuals under their management for observing the legislation on inspection.

7. To settle inspection-related complaints or denunciations according to provisions of law.

8. To ensure funding and working conditions for inspection agencies.

Article 48.- Estimation, management and use of funding for inspection professional operations

1. State inspection agencies are entitled to use professional operation funding for their inspection activities according to provisions of law.

2. State inspection agencies shall estimate inspection professional operation funding in their annual total estimates of operation funding, then submit such estimates to competent authorities for approval.

3. Through inspections, if they recover for the State budget money amounts which have been embezzled or illegally appropriated, State inspection agencies shall be entitled to deduct part of such recovered money amounts to supplement the inspection operation funding.

4. The Finance Minister and the Inspector General shall guide the estimation, management and use of inspection operation funding.

Article 49.- Settlement of complaints in inspection activities

1. Complaints of inspected subjects about handling decisions or acts of heads of inspection teams, inspectors or other members of inspection teams in the course of inspection, when they have grounds to believe that such decisions or acts are illegal, shall be examined and settled by inspection decision issuers.

2. Complaints of inspected subjects about inspection conclusions, inspection handling decisions, when they have grounds to believe that such conclusions or decisions are illegal, shall be examined and settled by heads of inspection agencies or heads of State management agencies which have made such conclusions or issued such handling decisions;

3. In cases where heads of State management agencies, heads of inspection agencies have settled complaints but complainants further lodge their complaints, the settlement thereof shall comply with the provisions of law on complaints and denunciations.

Article 50.- Settlement of denunciations in inspection activities

Denunciations against law-breaking acts of heads of inspection teams, inspectors or other members of inspection teams shall be settled by heads of agencies directly managing such persons. Denunciations against law-breaking acts of inspection decision issuers shall be settled by heads of the immediate superior agencies of such persons. The competence, order and procedures for settlement of denunciations shall comply with provisions of law on complaints and denunciations. Denunciations against criminal acts shall be examined and settled by procedural agencies according to provisions of law.

Article 51.- Handling of violations

1. Inspection decision issuers, heads of inspection teams, inspectors and other members of inspection teams who commit one of the following acts, shall, depending on the nature and seriousness of their violation acts, be disciplined or examined for penal liability; if causing damage, pay compensations therefor according to provisions of law:

a/ Abusing inspection positions and powers to commit illegal acts, harass or cause troubles to inspected subjects;

b/ Conducting inspection beyond the competence, scope and contents stated in inspection decisions;

c/ Intentionally making untruthful conclusions, illegal decisions or handling, covering up persons committing acts of law violation;

d/ Disclosing information or documents on inspection contents in the inspection course pending official conclusions.

2. Inspected agencies, organizations and individuals that commit one of the following acts shall, depending on the nature and seriousness of their violation acts, be disciplined, administratively sanctioned or examined for penal liability, and if causing damage, make compensations therefor according to provisions of law:

a/ Failing to supply information or documents or supplying inaccurate or untruthful information or documents; misappropriating or destroying documents or material evidences related to inspection contents;

b/ Resisting, impeding, buying off, taking revenge on or oppressing persons performing inspection tasks, suppliers of information or documents for inspection activities; causing troubles to inspection activities;

c/ Calumniating or slandering persons performing inspection tasks.

3. Concerned agencies, organizations and individuals that commit one of the following acts, shall, depending on the nature and seriousness of their violation acts, be disciplined, administratively sanctioned or examined for penal liability, or, if causing damage, pay compensations therefor according to provisions of law:

a/ Failing to supply information or documents or supplying inaccurate or untruthful information or documents; misappropriating or destroying documents or material evidences related to inspection contents;

b/ Resisting, impeding, buying off, taking revenge on or oppressing persons performing inspection tasks, suppliers of information or documents for inspection activities; causing troubles to inspection activities;

c/ Illegally interfering in inspection activities.

Chapter V

IMPLEMENTATION PROVISIONS

Article 52.- Internal inspection organizations in State agencies, non-business units, State enterprises

The Government-attached agencies, professional agencies of provincial-level People’s Committees which are not assigned State management tasks, non-business units and State enterprises shall set up internal inspection organizations or arrange officials to perform internal inspection to assist heads of such agencies, units or State enterprises in conducting inspection or examination works.

Basing themselves on the provisions of the Law on Inspection and this Decree, heads of agencies, units or State enterprises shall have to organize and direct inspection activities within their respective agencies, enterprises or units.

Article 53.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette and replaces Decree No. 244/HDBT of June 30, 1990 of the Council of Ministers on organization of the State inspection system and measures to ensure inspection activities.

All previous stipulations contrary to this Decree are hereby annulled.

Article 54.- Implementation responsibilities 

The Inspector General shall guide the implementation of this Decree.

The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the presidents of the People’s Committees of the provinces and centrally-run cities, the heads of concerned agencies or units, and  concerned individuals shall have to implement this Decree.