Nghị định 86/2011/ND-CP

Decree No. 86/2011/ND-CP of September 22, 2011, detailing and guiding the implementation of a number of articles of the Law on Inspection

Nội dung toàn văn Decree No. 86/2011/ND-CP detailing and guiding the implementation of a number


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 86/2011/ND-CP

Hanoi, September 22, 2011

 

DECREE

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

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 15, 2010 Law on Inspection;

At the proposal of the Inspector General of the Government Inspectorate,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides the implementation of a number of articles of the Law on Inspection on the principles of inspection activities; tasks, powers and organizational structures of state inspection agencies; inspection activities; re-inspection; state management of inspection work; responsibilities of heads of state management agencies for assuring inspection work; and handling of violations in inspection activities.

Article 2. Subjects of application

This Decree applies to state management agencies and heads of state management agencies; state inspection agencies and heads of state inspection agencies; heads of agencies assigned to perform specialized inspection; heads and members of inspection teams, inspectors, civil servants assigned to perform specialized inspection; inspected subjects; and agencies, organizations and individuals related to inspection activities.

Article 3. Principles of inspection activities

Administrative inspection activities shall be carried out by inspection teams; specialized inspection activities shall be carried out by inspection teams or inspectors or civil servants assigned to independently perform specialized inspection.

Article 4. Responsibilities of heads of state management agencies for organizing and directing inspection activities

Within the scope of their respective tasks and powers, the Prime Minister, ministers, heads of ministerial-level agencies, chairpersons of People's Committees of provinces or centrally run cities (below referred collectively to as provincial-level), heads of specialized agencies under provincial-level People's Committees, chairpersons of People's Committees of urban districts, rural districts, towns or provincial cities (below referred collectively to as district-level), and heads of agencies assigned to perform specialized inspection, shall organize, direct and assure funds and other necessary conditions for inspection activities; and direct the handling and implementation of inspection recommendations, conclusions and handling decisions.

Article 5. Assurance of implementation of inspection conclusions and handling decisions

1. Heads of agencies and organizations shall, within the scope of their respective tasks and powers, promptly handle inspection conclusions and recommendations; issue inspection handling decisions; apply measures according to their competence to handle violating agencies, organizations and individuals; and promptly address loopholes and weaknesses in management work.

2. Heads of state inspection agencies shall, within the scope of their respective tasks and powers, supervise, urge and inspect the implementation of inspection conclusions and handling decisions.

3. Agencies, organizations and individuals responsible for abiding by inspection conclusions or handling decisions but failing to do so shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability, and, if causing damage, shall pay compensation in accordance with law.

Chapter II

TASKS, POWERS AND ORGANIZATIONAL STRUCTURES OF STATE INSPECTION AGENCIES

Article 6. The Government Inspectorate

The Government Inspectorate is a government agency answerable to the Govern­ment for performing the state management of inspection work, settlement of complaints and denunciations and prevention and combat of corruption nationwide; and carrying out inspection activities, settling complaints and denunciations and preventing and combating corruption in accordance with law.

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

Article 7. Tasks and powers of ministerial inspectorates

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

2. To guide, inspect and urge the formulation and implementation of inspection programs and plans of their ministries' agencies assigned to perform specialized inspection.

3. To organize specialized inspection training for inspectors and civil servants assigned to perform specialized inspection and civil servants engaged in inspection work in their ministries or sectors.

4. To propagate the law on inspection among agencies and units under their ministries' management and guide, inspect and urge them in implementing this law.

5. To review and draw experience from inspection work within the scope of their ministries' state management.

Article 8. Tasks and powers of ministerial chief inspectors

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

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

3. To advise and propose their ministers to assign the specialized inspection function to their ministries' general departments and departments.

4. To inspect the responsibilities of heads of agencies and units under their ministries' management in observing the law on inspection.

5. To requisition civil servants and public employees of related agencies and units to participate in inspection activities.

Article 9. Organizational structure of ministerial inspectorates

1. A ministerial inspectorate is composed of the chief inspector, deputy chief inspectors, inspectors and other civil servants.

The ministerial chief inspector shall be appointed, dismissed or removed from office by the minister after reaching agreement with the Inspector General.

Ministerial deputy chief inspectors shall be appointed, dismissed or removed from office by the minister at the proposal of the ministerial chief inspector. Ministerial deputy chief inspectors shall assist the ministerial chief inspector in taking charge of one or several working areas and are responsible before law and the ministerial chief inspector for the performance of their assigned tasks.

2. A ministerial inspectorate has professional sections to perform assigned tasks.

3. A ministerial inspectorate has its own seal and account.

Article 10. Tasks and powers of provincial inspectorates

1. To perform the tasks and exercise the powers defined in Article 20 of the Law on Inspection; to inspect agencies, organizations and individuals within the scope of state management of provincial-level People's Committees.

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

3. To provide administrative inspection training for inspectors and civil servants in charge of inspection work of provincial inspectorates, provincial department inspectorates and district inspectorates.

4. To propagate the law on inspection among provincial departments and district-level People's Committees and guide, inspect and urge them in implementing this law.

5. To review and draw experience from inspection work within the scope of state management of their provincial-level People's Committees.

Article 11. Tasks and powers of provincial chief inspectors

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

2. To report to provincial-level People's Committee chairpersons and the Inspector General on inspection work within the ambit of their responsibilities.

3. To inspect provincial department directors and district-level People's Committee chairpersons in their observance of the law on inspection.

4. To coordinate with provincial department directors, district-level People's Committee chairpersons and concerned agencies and organizations in determining the organizational structure, payroll, entitlements and policies toward provincial and district inspectorates.

5. To coordinate with provincial department directors or district-level People's Committee chairpersons in the appointment, dismissal, removal from office, transfer or seconding of provincial department chief inspectors or district chief inspectors and other inspection title holders.

6. To requisition civil servants and public employees of related agencies and units to participate in inspection activities.

Article 12. Organizational structure of provincial inspectorates

1. A provincial inspectorate is composed of the chief inspector, deputy chief inspectors, inspectors and other civil servants.

The provincial chief inspector shall be appointed, dismissed or removed from office by the provincial-level People's Committee chairperson after reaching agreement with the Inspector General.

Provincial deputy chief inspectors shall be appointed, dismissed or removed from office by the provincial-level People's Committee chairperson at the proposal of the provincial chief inspector. Provincial deputy chief inspectors shall assist the provincial chief inspector in taking charge of one or several working areas and are responsible before law and the provincial chief inspector for the performance of their assigned tasks.

2. A provincial inspectorate has professional sections to perform assigned tasks.

3. A provincial inspectorate has its own seal and account.

Article 13. Tasks and powers of provincial department inspectorates

1. To perform the tasks and exercise the powers defined in Article 24 of the Law on Inspection.

2. To guide, inspect and urge the formulation and implementation of inspection programs and plans of provincial departments' agencies assigned to perform specialized inspection.

3. To provide specialized inspection training for inspectors and civil servants engaged in inspection work of provincial departments and civil servants assigned to perform specialized inspection of provincial departments' agencies assigned to perform specialized inspection.

4. To propagate the law on inspection among agencies and units under the management of provincial departments, and guide, inspect and urge them in implementing this law.

5. To review and draw experience from inspection work within the scope of state management of their provincial departments.

Article 14. Tasks and powers of provincial department chief inspectors

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

2. To report to provincial department directors, provincial chief inspectors and ministerial chief inspectors on inspection work within the ambit of their responsibilities.

3. To inspect the responsibilities of heads of agencies and units under the provincial departments' management in implementing the law on inspection.

4. To requisition civil servants and public employees of related agencies and units to participate in inspection activities.

Article 15. Organizational structure of provincial-level department inspectorates

1. A provincial department inspectorate is composed of the chief inspector, deputy chief inspectors, inspectors and other civil servants.

The provincial department chief inspector shall be appointed, dismissed or removed from office by the provincial department director after reaching agreement with the provincial chief inspector.

Provincial department deputy chief inspectors shall be appointed, dismissed or removed from office by the provincial department director at the proposal of the provincial department chief inspector. Provincial department deputy chief inspectors shall assist the provincial department chief inspector in taking charge of one or several working areas and are responsible before law and the provincial department chief inspector for the performance of their assigned tasks.

2. A provincial department inspectorate has its own seal and account.

Article 16. Tasks and powers of district inspectorates

1. To perform the tasks and exercise the powers defined in Article 27 of the Law on Inspection; to inspect agencies, organizations and individuals under the state management of district-level People's Committees.

2. To propagate the law on inspection among specialized agencies of district-level and commune-level People's Committees, and guide, inspect and urge them in implementing this law.

3. To review and draw experience from inspection work within the scope of state management of district-level People's Committees.

Article 17. Tasks and powers of district chief inspectors

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

2. To report to district-level People's Committee chairpersons and provincial chief inspectors on inspection work within the scope of their responsibilities.

3. To inspect the responsibilities of heads of specialized agencies of district-level People's Committees and commune-level People's Committee chairpersons in implementing the law on inspection.

4. To requisition civil servants and public employees of related agencies and units to participate in inspection activities.

Article 18. Organizational structure of district inspectorates

1. A district inspectorate is composed of the chief inspector, deputy chief inspectors, inspectors and other civil servants.

The district chief inspector shall be appointed, dismissed or removed from office by the district-level People's Committee chairperson after reaching agreement with the provincial chief inspector.

District deputy chief inspectors shall be appointed, dismissed or removed from office by the district-level People's Committee chairperson at the proposal of the district chief inspector. District deputy chief inspectors shall assist the district chief inspector in taking charge of one or several working areas and are responsible before law and the district chief inspector for the performance of their assigned tasks.

2. A district inspectorate has its own seal and account.

Chapter III

INSPECTION ACTIVITIES

Section 1: ADMINISTRATIVE INSPECTION ACTIVITIES

Article 19. Competence to issue administrative inspection decisions according to plan

1. Based on inspection plans, the Inspector General and chief inspectors of all levels and sectors shall issue inspection decisions and form inspection teams to perform inspection tasks.

2. For complicated cases related to management responsibilities of many agencies and units; based on inspection plans, ministers, provincial-level People's Committee chairpersons, provincial department directors or district-level People's Committee chairpersons shall issue inspection decisions and form inspection teams to perform inspection tasks.

3. For specially complicated cases related to management responsibilities of many levels and sectors; based on inspection plans, ministers, provincial-level People's Committee chairpersons, provincial department directors or district-level People's Committee chairpersons shall issue inspection decisions and form joint inspection teams to perform inspection tasks.

Article 20. Competence to issue extraordi­nary administrative inspection decisions

1. Extraordinary inspections shall be conducted upon detection of agencies, organizations or persons showing signs of violation; according to requirements of the settlement of complaints and denunciations or prevention and combat of corruption or under assignment of heads of same-level state management agencies.

2. Pursuant to Clause 1 of this Article, the Inspector General or chief inspectors of all levels or sectors shall issue extraordinary inspection decisions and form inspection teams to perform inspection tasks and send such decisions to heads of same-level state management agencies for reporting.

3. For complicated cases related to management responsibilities of many agencies and units, heads of state management agencies shall issue extraordinary inspection decisions and form inspection teams to perform inspection tasks.

4. For specially complicated cases related to management responsibilities of many levels and sectors, heads of state management agencies shall issue extraordinary inspection decisions and form joint inspection teams to perform inspection tasks.

Article 21. Administrative inspection teams

1. An administrative inspection team shall be formed to conduct inspection according to the inspection scope, objects, contents, tasks and duration stated in an inspection decision.

An administrative inspection team is composed of its head and members. In case of necessity, an inspection team may have a deputy head.

A joint inspection team is composed of representatives of related agencies, with its head being the representative of the agency in prime charge of inspection.

A joint inspection team shall carry out inspection activities under the Law on Inspection, this Decree and other provisions of law on inspection.

2. The head of an inspection team has the tasks and powers defined in Article 46 of the Law on Inspection, and shall be held responsible before law, the inspection decision issuer and his/her direct manager for the performance of assigned inspection tasks.

During inspection, the head of an inspection team may use the seal of the agency in prime of inspection, the inspection team, the head of the agency or organization or person to be inspected. In case of necessity, the head of the inspection team may invite representatives of related agencies, organizations and persons to attend the meeting.

Article 26. Announcement of administrative inspection decisions

1. Within 15 days after the issuance of an inspection decision, the head of an inspection team shall announce the inspection decision to the inspected subject.

2. When announcing the inspection decision, the head of an inspection team shall clearly state the tasks and powers of the inspection team, the inspection duration, the rights and responsibilities of the inspected subject, the inspection team's tentative plan on working with the inspected subject, and other contents related to its activities.

3. The head of an inspection team may request the head of the agency or organization or the person to be inspected to report on contents according to the reporting requirement outline.

4. The announcement of an inspection decision must be written in a record bearing the signature of the head of the inspection team and the head of the agency, organization or the person to be inspected.

Article 27. Collection of information and documents, assessment of the observance of policies and laws

1. Members of an inspection team shall collect, study and analyze information, documents and evidence; and assess the observance of policies and laws, tasks and powers of the inspected subject related to assigned inspection contents. When it is necessary to conduct examination and verification to ensure objective and accurate assessment, members of an inspection team shall report it to the head of the inspection team for consideration and decision.

2. Members of an inspection team shall report on the progress and results of performance of their assigned tasks at the request of the head of the inspection team; if finding matters in need of prompt settlement, they shall immediately report them to the head of the inspection team for consideration and decision.

3. The head of an inspection team shall promptly consider and handle recommendations of inspection team members; for matters beyond his/her competence, he/she shall immediately report them to the inspection decision issuer for consideration and decision.

Article 28. Reporting on progress of performance of administrative inspection tasks

1. The head of an inspection team shall report to the inspection decision issuer on the progress of performance of tasks by the team according to the approved inspection plan or at the extraordinary request of the latter.

2. A report shall be made in writing, covering the progress of performance of tasks; completed contents, contents underway; work to be performed in the coming time; and recommendations and proposals (if any) to the inspection decision issuer.

3. The inspection decision issuer shall direct, examine and supervise the inspection team in properly implementing the inspection decision; and apply measures according to his/her competence defined in Article 48 of the Law on Inspection for consideration and prompt settlement of the inspection team's recommendations and proposals.

Article 29. Reporting on administrative inspection results

1. The head of an inspection team shall organize the making of a report on inspection results, which has the details specified in Clause 2, Article 49 of the Law on Inspection.

2. The head of an inspection team shall hold a meeting of the team to discuss the draft of the report on inspection results; in case of divergence of opinions among team members, the head of the inspection team shall consider and make decision and take responsibility for his/her decision.

Article 30. Drafting of inspection conclusions

1. The inspection decision issuer shall direct the head of the inspection team to draft inspection conclusions. In case of necessity, he/she may request the inspected subject and the head and members of the inspection team to report and explain to further clarify inspection contents.

2. Before making official conclusions, if finding it necessary, the inspection decision issuer shall send draft inspection conclusions to the inspected subject. Explanations of the inspected subject on issues in draft inspection conclusions to which the inspected subject still disagrees shall be given in writing and enclosed with evidence.

Article 31. Administrative inspection conclusions

1. Based on inspection result reports, explanations (if any) of the inspected subject and relevant documents, the inspection decision issuer shall direct the finalization of and sign inspection conclusions. Inspection conclusions contain the details specified in Clause 2, Article 50 of the Law on Inspection.

2. The inspection decision issuer shall organize the announcement of inspection conclusions or send inspection conclusions to the inspected subject. In case of necessity, he/ she may authorize the head of the inspection team to announce inspection conclusions. The announcement of inspection conclusions shall be recorded in writing.

3. Inspection conclusions shall be addressed to the agencies, organizations and persons defined in Clause 1, Article 50 of the Law on Inspection.

Section 2: SPECIALIZED INSPECTION ACTIVITIES

Article 32. Agencies conducting specialized inspection activities

Specialized inspection activities shall be carried out by ministerial inspectorates, provincial department inspectorates or agencies assigned to perform specialized inspection.

Article 33. Order and procedures for specialized inspection

The order and procedures for specialized inspection comply with the Law on Inspection, this Decree and the decree stipulating agencies assigned to perform the specialized inspection function and specialized inspection activities.

Section 3: EXERCISE OF RIGHTS IN INSPECTION ACTIVITIES

Article 34. Request for provision of information, documents, reports or explanations by inspected subjects

1. During inspection, heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers may request inspected subjects to provide information, documents, report in writing or explain matters related to inspection contents.

2. Inspected subjects are obliged to provide in a timely, full and accurate manner information and documents at the request of heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers and shall be held responsible before law for the accuracy and truthfulness of provided information and documents.

In case information or documents already provided by inspected subjects are inadequate, heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers may request inspected subjects to provide additional information and documents.

3. Heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers shall preserve, exploit and use provided information and documents for proper purposes.

4. In case inspected subjects fail to provide information and documents, provide inadequate or inaccurate information and documents or intentionally delay the provision of information and documents related to inspection contents, heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers shall, depending on the nature and seriousness of violations, apply handling measures according to their competence or propose heads of competent state agencies to apply measures for handling such inspected subjects.

Article 35. Request for provision of information and documents related to inspection contents by agencies, organizations or individuals

1. During inspection, heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers may request agencies, organizations or persons that have information and documents related to inspection contents to provide them.

2. Agencies, organizations or individuals shall provide in a timely, adequate and accurate manner information and documents at the request of heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers and shall be held responsible before law for the accuracy and truthfulness of provided information and documents.

In case provided information or documents are inadequate, heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers may request agencies, organizations or individuals to provide additional information and documents.

3. Heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers shall preserve, exploit and use provided information and documents for proper purposes.

4. In case agencies, organizations or individuals fail to provide information and documents, provide inadequate or inaccurate information and documents or intentionally delay the provision of information and documents related to inspection contents, heads and members of inspection teams, civil servants assigned to perform specialized inspection or inspection decision issuers shall, depending on the nature and seriousness of violations, apply handling measures according to their competence or propose heads of competent state agencies to apply measures for handling such agencies, organizations or individuals.

Article 36. Sealing of documents

1. When finding it necessary to preserve documents intact, heads of inspection teams may decide to seal some or all of documents related to inspection contents.

A decision on sealing documents must be made in writing, clearly stating the documents to be sealed, the sealing duration, and obligations of the inspected subject. In case of necessity, a written record on the list of sealed documents shall be made and signed by the inspected subject and a representative of the inspection team.

2. The document-sealing duration must not exceed the duration of direct inspection at the inspected place. The use of scaled documents must be approved by the head of the inspection team.

3. When finding it no longer necessary to apply the sealing measure, the sealing decision issuer shall issue a decision to immediately cancel this measure.

Article 37. Asset inventory

1. During inspection, if detecting disparity or irrationality between books or documents and reality or signs or acts of asset appropriation, heads of inspection teams or inspection decision issuers shall decide to inventory assets.

2. An asset inventory decision must be made in writing, clearly stating assets to be inventoried, time and place of inventory, responsibilities of inventorying persons, and obligations of the subject with assets to be inventoried. The asset inventory must be recorded in writing. For assets which need to be handed over to a functional agency for temporary custody, a request must be made to such agency for temporary custody. Private assets of individuals shall be inventoried in accordance with applicable law.

3. When finding it no longer necessary to apply the asset inventory measure, persons who have issued inventory decisions shall issue a decision to immediately cancel this measure.

Article 38. Invitation of assessment

1. When finding it necessary to have professional or technical assessments as a ground for making conclusions, the head of an inspection team shall request the inspection decision issuer to decide on invitation of assessment. The invitation of assessment must be made in writing, clearly stating the requirements, contents and duration of assessment, and the assessment agency or organization.

2. Assessment agencies or organizations shall be held responsible before law for the accuracy, objectivity and promptness of assessment results.

3. Assessment expenses shall be paid by the inspection-conducting agency; if the inspected subject commits wrong-doings, assessment expenses shall be paid by the inspected subject, unless otherwise provided by law.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Government Inspectorate and ministries and ministerial-level agencies in, guiding the collection, payment, management and use of assessment funds in inspection activities.

Article 39. Suspension of acts of violation

1. During inspection, if detecting any acts which are causing or likely to cause serious damage to the interests of the State, rights and legitimate interests of agencies, organizations or individuals, the head of an inspection team or the inspection decision issuer shall issue a decision to suspend such acts. In case of necessity, they may propose a competent person to issue a decision to suspend such acts.

2. A suspension decision must be made in writing, clearly stating the suspension reason, contents and duration and the subject to comply with the decision.

3. When finding it no longer necessary to apply the suspension measure, the suspension decision issuer shall issue a decision to immediately cancel this measure.

Article 40. Temporary seizure of money, objects or permits

1. During inspection, if detecting the illegal use of money, objects or permits and finding it necessary to promptly prevent such use or to verify circumstances to serve as evidence for conclusion or handling, the head of an inspection team shall request the inspection decision issuer to issue a decision on temporary seizure of such money, objects or permits.

2. A decision on temporary seizure of money, objects or permits must be made in writing, clearly stating the money, objects and permits to be seized, the seizure duration, the responsibility of the decision issuer and obligations of the subject with money, objects and permits to be seized, The seizure must be recorded in writing. For objects and permits which are needed to be handed over to a functional agency for preservation, a request must be made to such agency for preservation.

3. When finding it unnecessary to apply the temporary seizure measure, the issuer of the decision on temporary seizure of money, objects or permits shall issue a decision to immediately cancel this measure.

Article 41. Request for credit institutions to block accounts of inspected subjects

1. When having a ground to believe that the inspected subject disperses assets or fails to comply with the money and asset retrieval decision of the state inspection agency or the head of the state management agency, the inspection decision issuer shall issue a written request for the credit institution at which the inspected subject has an account to block this account to serve inspection activities.

2. During inspection, when having a ground to believe that the inspected subject disperses assets, the head of an inspection team shall issue a written request for the credit institution at which the inspected subject has an account to block this account to serve inspection activities.

3. A written request for account blocking must clearly state the blocking purpose, the subject with an account to be blocked, the time and duration of blocking; and the responsibility of the credit institution to comply with the request.

4. The credit institution at which the inspected subject has an account shall promptly and fully comply with the requests stated in Clause 3 of this Article and report in writing on the account blocking to the person making a written request for blocking.

5. When finding it unnecessary to apply the account-blocking measure, the head of the state management agency, the inspection decision issuer or the head of the inspection team shall issue a decision to immediately cancel this measure.

6. The Government Inspectorate and the State Bank of Vietnam shall guide the blocking of accounts of inspected agencies, organizations or persons.

Article 42. Retrieval of money and assets illegally appropriated or used or lost due to unlawful acts

1. When having a ground to conclude that money and assets are illegally appropriated or used or lost due to unlawful acts of the inspected subject, the inspection decision issuer shall issue a decision to retrieve them. A retrieval decision must be made in writing, clearly stating the money amount and assets to be retrieved, responsibilities of the retrieving agency, the retrieval time and responsibilities of the inspected subject.

The inspection decision issuer shall seize money and assets according to law or assign a functional agency to do so.

2. The inspected subject with money and assets to be seized shall strictly comply with the retrieval decision. In case of failing to comply with or strictly comply with the retrieval decision, the inspected subject shall, depending on the nature and seriousness of the violation, be disciplined, administratively sanctioned or examined for penal liability and, if causing damage, pay compensation in accordance with law.

3. The retrieval decision issuer shall monitor, examine and urge the execution of the retrieval decision.

Section 4 INSPECTION DOSSIERS, TRANSFER OF DOSSIERS OF CASES SHOWING CRIMINAL SIGNS FOR INSTITUTION OF CRIMINAL CASES, PUBLICIZATION OF INSPECTION CONCLUSIONS

Article 43. Inspection dossiers

1. An inspection must be recorded in a dossier. An inspection dossier comprises the documents specified in Article 59 of the Law on Inspection.

The head of an inspection team shall compile an inspection dossier and hand it to the inspection decision-issuing agency. Inspectors or civil servants assigned to perform specialized inspection who conduct independent inspections shall compile an inspection dossier and hand it to the agency having issued the inspection decision or a document assigning independent inspection tasks.

2. The inspection decision issuer or person issuing the document to assign independent inspection shall direct and examine the head of the inspection team or inspectors or civil servants assigned to perform independent specialized inspection in compiling and handing the inspection dossier.

3. The Inspector General shall guide the compilation, handing, management and use of inspection dossiers.

Article 44. Transfer of dossiers of cases showing criminal signs for institution of criminal cases

1. During or upon completion of inspection, if the inspection function-performing agency detects that the case shows criminal signs, within 5 days after detecting such criminal signs, the inspection decision issuer shall transfer the case dossier and a proposal for institution of a criminal case to an investigative agency for consideration and institution of a criminal case, while immediately reporting such in writing to a competent procuracy.

2. The investigative agency shall receive the dossier and the proposal for institution of a criminal case sent by the inspection function-performing agency. Within 20 days after receiving the dossier, the investigative agency shall issue any of the following decisions:

a/ Decision to institute a criminal case;

b/ Decision not to institute a criminal case;

c/ Decision to transfer the case dossier to a competent investigative agency.

3. For a case involving many complicated circumstances or requiring examination and verification in different places, the time limit for reply may be longer but must not exceed 60 days. Past this time limit, if the inspection function-performing agency receive no written notice of the result of handling by the investigative agency, it may propose the same-level procuracy to consider and settle the case. If disagreeing with the result of settlement by the procuracy, the inspection function-performing agency may propose the immediate superior procuracy or investigative agency to direct and settle the case.

Article 45. Dossiers of proposal for institution of a criminal case

A dossier of proposal for institution of a criminal case comprises:

1. A written proposal for the investigative agency to consider and institute a criminal case, clearly stating criminal signs, violators, consequences of damage caused by the violation, and time and place of commission of the violation.

2. The inspection decision; the written record confirming the matter involving violations, made by the inspection team, an inspector or a civil servant assigned to perform specialized inspection; report and explanation of the inspected subject; and other relevant information and documents.

3. The report of the head of the inspection team on the inspected subject's violations showing criminal signs. If the inspection decision issuer makes a proposal for institution of a criminal case after the inspection has ended, the dossier must comprise an extract of the written inspection conclusion on the violation for which the inspection agency proposes institution of a criminal case.

Article 46. Publicization of inspection conclusions

1. Inspection conclusions must be publicized, except inspection conclusion contents classified as state secrets.

2. Within 10 days after signing inspection conclusions, the issuer of inspection conclusions shall publicize inspection conclusions.

3. The publicization of inspection conclusions in a form specified in Clause 2, Article 39 of the Law on Inspection shall be carried out as follows:

a/ Publicization at a meeting participated by the inspection decision issuer or an authorized person, a representative of the inspection team, the inspected subject, and related agencies, organizations and persons.

b/ In addition to the publicization of inspection conclusions under Point a, Clause 3 of this Article, the issuer of inspection conclusions shall select at least one of the following forms: announcement in the mass media; posting on the website of the inspection agency, the agency assigned to perform specialized inspection or the same-level state management agency; and display at the working office of the inspected agency, organization or person. The mass media include radio, television, print press and online newspapers. Such announcement shall be made at least twice on the radio and electronic newspapers, at least twice on television; and in at least one issue of print press.

Such announcement shall be posted for at least 5 consecutive days on the website of the inspection agency, the agency assigned to perform specialized inspection or the same-level state management agency. The period of display at the working office of the inspected agency or organization is at least 5 days.

The display of inspection conclusions at the working office of the inspected agency or organization shall be implemented by this agency or organization. The period of display is at least 15 consecutive days.

4. Within 10 days after signing inspection conclusions, the inspection decision issuer shall supply inspection conclusions to agencies, organizations and persons related to the implementation of inspection conclusions.

Based on the scope of responsibility for implementing inspection conclusions, the inspection decision issuer shall provide some or all of inspection conclusions to related agencies, organizations and persons.

Chapter IV

RE-INSPECTION

Article 47. Competence to conduct re-inspection

1. Re-inspection is the consideration, evaluation and handling of inspection conclusions upon detecting signs of violation in the process of inspection and issuance of inspection conclusions.

2. The Inspector General shall decide on re-inspection of cases already concluded by ministers but showing signs of violation as assigned by the Prime Minister; and cases already concluded by provincial-level People's Committee chairpersons or ministerial or provincial chief inspectors but showing signs of violation.

3. Ministerial chief inspectors shall decide on re-inspection of cases already concluded by heads of agencies assigned to perform specialized inspection under ministries or provincial-level People's Committee chairpersons, within the state management scope and competence of their ministries but showing signs of violation as assigned by their ministers.

4. Provincial chief inspectors shall decide on re-inspection of cases already concluded by provincial department directors but showing signs of violation as assigned by provincial-level People's Committee chairpersons; and cases already concluded by district-level People's Committee chairpersons, provincial department chief inspectors or district chief inspectors but showing signs of violation.

5. Provincial department chief inspectors shall decide on re-inspection of cases already concluded by heads of agencies assigned to perform specialized inspection under their provincial departments but showing signs of violation as assigned by provincial department directors.

Article 48. Grounds for re-inspection

Re-inspection shall be conducted when there is any of the following grounds:

1. There is a serious violation of inspection order and procedures.

2. There is a mistake in the application of law when making inspection conclusions.

3. Inspection conclusion contents are not suitable to evidence collected during inspection.

4. The inspection decision issuer, the head of the inspection team, members of the inspection team, inspectors, civil servants assigned to perform specialized inspection deliberately distort the dossier of the case or make illegal inspection conclusions.

5. There are signs of serious violation committed by the inspected subject which are not fully detected through inspection.

Article 49. Re-inspection decisions

1. A re-inspection decision has the details specified in Articles 44 and 52 of the Law in Inspection and must clearly state the scope, subject and content of re-inspection.

2. Within 5 days after signing a re-inspection decision, the person with re-inspection competence shall send it to the person having signed inspection conclusions and the subject to be re-inspected.

A re-inspection decision shall be announced within 15 days after the date of its signing. Such announcement shall be recorded in writing by the inspection team.

Article 50. Statute of limitations and time limit for re-inspection

1. The statute of limitations for re-inspection is 2 years, counting from the date of signing of inspection conclusions.

2. The time limit for conducting re-inspection complies with Article 45 of the Law on Inspection.

Article 51. Tasks and powers of re-inspection decision issuers, heads and members of re-inspection teams

When conducting re-inspection, re-inspection decision issuers, heads and members of re-inspection teams shall perform the tasks and exercise the powers defined in Articles 46, 47,48,53, 54 and 55 of the Law on Inspection.

Article 52. Reporting on re-inspection results, re-inspection conclusions, publicization of re-inspection conclusions

1. Are-inspection result report shall be made under Article 49 of the Law on Inspection, which must clearly state the nature, seriousness and causes of violations, responsibilities of the agency, organization and persons having conducted the inspection and made inspection conclusions, and propose handling measures.

2. Re-inspection conclusions shall be made under Article 49 of the Law on Inspection, which must clearly state the nature and seriousness of violations, causes, responsibili-ties of the agency, organization and persons having conducted the inspection and made inspection conclusions, and propose handling measures.

Within 15 days after signing re-inspection conclusions, the re-inspection decision issuer shall send them to the head of the same-level state management agency and superior state inspection agencies.

3. The publicization of re-inspection conclu­sions complies with Article 46 of this Decree.

Chapter V

RESPONSIBILITIES FOR IMPLEMENTING, SUPERVISING EXAMINING AND URGING THE IMPLEMENTATION OF, INSPECTION CONCLUSIONS, INSPECTION HANDLING DECISIONS

Article 53. Responsibilities of inspected subjects for implementing inspection conclusions and inspection handling decisions

1. Inspected subjects shall strictly discharge their obligations and responsibilities stated in inspection conclusions and inspection handling decisions:

a/ Within the scope of competence to promptly handle economic violations and violating persons, agencies and units; to apply measures to address loopholes and weaknesses in management work, and amend inappropriate regulations;

b/ To request agencies and units under their management or propose competent agencies to handle economic violations and violating persons, agencies and units; to apply measures to address loopholes and weaknesses in management work, and amend, supplement and improve mechanisms, policies and laws.

2. Inspected subjects shall report on results of implementation of inspection conclusions and inspection handling decisions to state inspection agencies and state agencies which have made inspection conclusions or issued inspection handling decisions, and take responsibility before law for such implementation.

3. Inspected subjects that fail to implement or fully and promptly implement inspection conclusions or inspection handling decisions shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability, and, if causing damage, pay compensation in accordance with law.

Article 54. Responsibilities of related agencies, organizations and persons for implementing inspection conclusions and inspection handling decisions

1. Related agencies, organizations and persons shall take every measure to strictly discharge their obligations and responsibilities stated in inspection conclusions and inspection handling decisions:

a/ Within the scope of competence to promptly handle economic violations and violating persons, agencies and units; to apply measures to address loopholes and weaknesses in management work, and amend inappropriate regulations;

b/ To request agencies and units under their management or propose competent agencies to handle economic violations and violating persons, agencies and units; to apply measures to address loopholes and weaknesses in management work, and amend, supplement and improve mechanisms, policies and laws.

2. Related agencies, organizations and persons shall report on results of implementation of inspection conclusions and inspection handling decisions to state inspection agencies and state agencies which have made inspection conclusions or issued inspection handling decisions, and take responsibility before law for such implementation.

3. Related agencies, organizations and persons that fail to implement or fully and promptly implement inspection conclusions or inspection handling decisions shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability, and, if causing damage, pay compensation in accordance with law.

Article 55. Responsibilities of heads of agencies managing inspected subjects for implementing inspection conclusions and inspection handling decisions

1. Within the scope of their tasks and powers, heads of agencies directly managing inspected subjects shall direct and request inspected subjects to strictly implement inspection conclusions or inspection handling decisions.

2. For inspected subjects that fail to implement or fully and promptly implement inspection conclusions or inspection handling decisions, heads of agencies directly managing them shall take measures according to their competence or propose competent agencies to handle these violations.

Article 56. Responsibilities of state inspection agencies and agencies assigned to perform specialized inspection for supervising, examining and urging the implementation of inspection conclusions and inspection handling decisions

1. The Government Inspectorate shall supervise, examine and urge the implementation of inspection conclusions and inspection handling decisions of their own and the Prime Minister.

2. Ministerial inspectorates, provincial inspectorates, provincial department inspectorates and district inspectorates shall supervise, examine and urge the implementation of inspection conclusions and inspection handling decisions of their own and heads of same-level state management agencies.

3. Agencies assigned to perform specialized inspection shall supervise, examine and urge the implementation of their own inspection conclusions and inspection handling decisions.

4. State inspection agencies and agencies assigned to perform specialized inspection shall directly examine the implementation of inspection conclusions and inspection handling decisions by inspected subjects and related agencies, organizations and persons.

Article 57. Supervision, examination and urging of implementation of inspection conclusions and inspection handling decisions.

1. After having inspection conclusions or inspection handling decisions, state inspection agencies or agencies assigned to perform specialized inspection may request inspected subjects and related agencies, organizations and persons to report on results of implementation of contents under their responsibilities stated in inspection conclusions or inspection handling decisions.

2. If detecting inspected subjects and related agencies, organizations and persons failing to implement or fully and promptly implement inspection conclusions or inspection handling decisions, to take measures according to their competence or propose competent agencies to handle these violations.

3. If detecting violations in inspection conclusions, to report them to heads of competent state management agencies for consideration and decision.

Chapter VI

STATE MANAGEMENT OF INSPECTION WORK

Section 1: CONTENTS AND COMPETENCE OF STATE MANAGEMENT

Article 58. Contents of state management of inspection work

1. Formulating and submitting to competent state agencies for promulgation or promulgating according to competence legal documents on inspection work.

2. Propagating, guiding, and organizing the implementation of, the law on inspection.

3. Inspecting and examining the implementation of the law on inspection.

4. Training and retraining cadres and civil servants engaged in inspection work.

5. Summarizing inspection work.

6. Examining, supervising and inspecting the implementation of the law on inspection; and handling violations of the law on inspection.

7. Summarizing inspection experience.

8. Settling complaints and denunciations related to inspection activities.

9. Carrying out international cooperation on inspection work.

Article 59. State management agencies in charge of inspection work

1. The Government shall perform the unified state management of inspection work nationwide.

The Government Inspectorate is answerable to the Government for performing the state management of inspection work within the Government's competence.

2. Ministries, ministerial-level agencies and People's Committees at all levels shall perform the state management of inspection work within the scope of their respective management; guide, urge and examine agencies and organizations under their respective management in implementing the law on inspection; and shall implement the regime of reporting on inspection work.

State inspection agencies at all levels shall assist heads of same-level state management agencies in performing the state management of inspection work.

Section 2: REGIME OF COMMUNICATION AND REPORTING ON INSPECTION WORK

Article 60. Communication and reporting responsibilities of ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees

1. Ministries, ministerial-level agencies, government-attached agencies and provincial- level People's Committees (below referred to as ministries, sectors and localities) shall communicate and report to the Government Inspectorate on inspection work, settlement of complaints and denunciations and prevention and combat of corruption in their ministries, sectors and localities.

2. The Government Inspectorate shall report to the Government and the National Assembly on inspection work, settlement of complaints and denunciations and prevention and combat of corruption nationwide.

Article 61. Contents of communication and reporting by ministries, sectors and localities to the Government Inspectorate

1. Legal documents and other documents related to inspection work, settlement of complaints and denunciations and prevention and combat of corruption promulgated by ministries, sectors and localities according to their respective competence.

2. Results of inspection work, settlement of complaints and denunciations and prevention and combat of corruption of ministries, sectors and localities.

Article 62. Contents of reporting by the Government Inspectorate to the Government and the National Assembly

1. Results of inspection work, settlement of complaints and denunciations and prevention and combat of corruption nationwide.

2. Recommendations on policies and solutions for raising the effect and effectiveness of inspection work, settlement of complaints and denunciations and prevention and combat of corruption.

Article 63. Forms and time of reporting

1. Communication and reporting shall be made through administrative documents.

2. Time of reporting:

a/ Quarterly and biannually, ministries, sectors and localities shall report under Article 61 of this Decree;

b/ Biannually and annually, the Government Inspectorate shall report to the Government and the National Assembly under Article 62 of this Decree.

c/ The Government Inspectorate shall send extraordinary reports to the Government and the National Assembly Standing Committee upon request.

Article 64. Responsibilities of ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall direct, urge and examine the implementation of the regime of communication and reporting on inspection work, settlement of complaints and denunciations and prevention and combat of corruption under the management of their respective ministries, sectors and localities.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall take responsibility for reported information and data and for breaches of the communication and reporting obligations.

Article 65. Regime of communication and reporting within ministries, sectors and localities

1. Ministries, sectors and localities shall, pursuant to this Decree, detail the regime of communication and reporting on inspection work, settlement of complaints and denunciations and prevention and combat of corruption within their respective ministries, sectors and localities.

2. The Government Inspectorate shall guide, examine and urge ministries, sectors and localities in implementing the communication and reporting regime under this Decree.

Section 3: COLLECTION OF INFORMATION OF STATE INSPECTION AGENCIES

Article 66. Collection of information to serve information work

State inspection agencies shall regularly collect information on the implementation of policies, laws and assigned tasks by agencies, organizations and persons within their inspection competence to serve the state management of inspection work and activities. Information shall be collected in the following forms:

1. Activities of state management of inspection work, settlement of complaints and denunciations and prevention and combat of corruption.

2. Collection, analysis and assessment of information in the press and supplied by agencies, organizations and persons.

3. Requesting agencies, organizations and persons within the inspection competence to provide written information and reports.

4. Sending civil servants to collect information of agencies, organizations and persons within the inspection competence.

Article 67. Sending of civil servants to collect information

1. Civil servants shall be sent to collect information of agencies, organizations and persons within the inspection competence to serve the issuance of inspection decisions when heads of state management agencies assign extraordinary inspections in complicated or specially complicated cases.

Upon visiting agencies, organizations and persons to collect information, civil servants shall produce:

a/ The paper of introduction or decision of the state inspection agency on appointing the civil servant to collection information, time and content of work, information to be collected from the agency, organization or person within the scope of inspection;

b/ The civil servant or inspector card.

2. When collecting information, civil servants may neither harass nor trouble agencies, organizations and persons requested to provide information nor request information outside the scope of their assigned tasks.

Article 68. Responsibilities of agencies, organizations and persons within the inspection competence of state inspection agencies for reporting and providing information and documents

Agencies, organizations and persons within the inspection competence of state inspection agencies shall report in writing and provide information on the observance of policies and laws and performance of assigned tasks at the request of state inspection agencies or civil servants sent to collect information, and take responsibility before law for the truthfulness and accuracy of such reports, information and documents.

Agencies, organizations and persons requested to provide information may refuse to provide information outside the scope of their assigned tasks; and may denounce and complain about illegal acts of information- and document-collecting civil servants.

Article 69. Reporting on information collection results

1. Upon completion of the collection of information, civil servants sent to collection information shall report in writing to heads of state inspection agencies on the performance of assigned tasks.

2. A report on information collection results must contain contents of information to be collected, and judgments on matters showing signs of violation (if any), proposals on contents in need of inspection and method of implementation; and information relating to contents to be inspected.

Chapter VII

RESPONSIBILITIES OF HEADS OF STATE MANAGEMENT AGENCIES FOR ASSURING INSPECTION WORK

Article 70. Responsibilities of heads of state management agencies for assuring organization of state inspection agencies

1. To lead and direct inspection activities and take responsibility before superior agencies for inspection work under their management.

2. To consolidate organization, appoint inspection titles; and arrange capable and moral personnel to perform inspection work.

3. To regularly inspect and examine agencies, units and persons under their management in implementing the law on inspection.

Article 71. Responsibilities of heads of state management agencies for assuring activities of state inspection agencies

1. Based on management requirements of ministries, sectors or localities and work programs of superior inspectorates, heads of state management agencies shall direct the formulation of inspection programs and plans of inspectorates under their direct management and approve these programs and plans.

2. Monthly, to be reported by inspectorates under their direct management and report to superior state management agencies on inspection work; to promptly deal with difficulties and problems in inspection work; to handle overlaps in inspection and examination activities under their management.

3. To promptly handle inspection conclusions.

Article 72. Assurance of funds for activities of state inspection agencies

1. Funds for activities of state inspection agencies shall be assured by the state budget. The allocation, management and use of budgets for state inspection agencies comply with the law on the state budget.

2. State inspection agencies may deduct a portion of money amounts retrieved through inspection and actually remitted into the state budget for supporting the building of inspection capacity, improvement of physical foundations and rewarding and encouragement of organizations and persons recording achievements in inspection work.

The Inspector General and the Minister of Finance shall issue detailed regulations on the deduction, management and use of funds on the following principles:

a/ Clear identification of retrieved amounts allowed to be deducted;

b/ Specific deduction levels must assure amounts retrieved and remitted into the state budget while supporting inspection work.

3. In the course of operation, state inspection agencies may take the initiative in using operational funds to serve their activities and report it to competent authorities in accordance with law.

4. The Minister of Finance and the Inspector General shall guide the deduction, management, use and settlement of funds to serve inspection work of state inspection agencies.

Article 73. 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, infringing upon the rights and legitimate interests of inspected subjects, shall be considered 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, infringing upon the rights and legitimate interests of inspected subjects and related agencies, organizations and persons, shall be considered 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 case heads of management agencies or heads of inspection agencies have settled complaints but concerned complainants further lodge complaints, the settlement thereof shall be carried out under the law on complaints.

Article 74. Settlement of denunciations in inspection activities

Denunciations against illegal 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 illegal acts of inspection decision issuers shall be settled by heads of immediate superior agencies of such persons. The competence, order and procedures for settlement of denunciations comply with the law on denunciations. Denunciations against criminal acts shall be examined and settled by procedure-conducting agencies in accordance with law.

Chapter VIII

HANDLING OF VIOLATIONS

Article 75. Handling of violations of inspected subjects and related agencies, organizations and persons

1. Inspected agencies, organizations and persons committing one of the following acts shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability, and, if causing damage, pay compensation in accordance with law:

a/ Failing to provide information and documents or providing inaccurate and untruthful information and documents, appropriating and destroying documents and exhibits related to inspection contents;

b/ Resisting, obstructing, bribing, taking revenge on and oppressing inspectors on duty and persons providing information and documents for inspection activities; causing difficulties to inspection activities;

c/ Calumniating or slandering persons performing inspection tasks;

d/ Offering bribes;

e/ Failing to discharge or fully discharge their obligations and responsibilities stated in inspection conclusions or inspection handling decisions.

2. Related agencies, organizations and persons 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, pay compensation in accordance with law:

a/ Failing to supply information or documents or supplying inaccurate or untruthful information or documents; appropriating or destroying documents or exhibits related to inspection contents;

b/ Resisting, obstructing, bribing, taking revenge on or oppressing inspectors on duty and persons providing information or documents for inspection activities; causing difficulties to inspection activities;

c/ Illegally interfering in inspection activities; abusing their influence to exert impacts on inspectors in duty;

d/ Offering bribes;

e/ Failing to discharge or fully discharge their obligations and responsibilities stated in inspection conclusions or inspection handling decisions;

f/ Other illegal acts.

Article 76. Handling of violations of persons conducting inspection, civil servants assigned to perform specialized inspection and other members of inspection teams

Inspection decision issuers, heads of inspection teams, inspectors, civil servants assigned to perform specialized inspection, inspection collaborators and other members of inspection teams who commit one of the following acts, shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability, and, if causing damage, pay compensation in accordance with law:

1. Abusing inspection positions and powers to commit illegal acts, harass or cause troubles to inspected subjects.

2. Conducting inspection beyond the competence, scope and contents stated in inspection decisions.

3. Intentionally making untruthful conclusions, illegal decisions or handling, covering up persons committing illegal acts.

4. Disclosing information or documents on inspection contents in the course of inspection.

5. Intentionally failing to uncover or uncovering illegal acts which are subject to administrative sanctioning, disciplining or penal liability examination but failing to handle or properly handle them or failing to make proposal on handling them.

6. Distorting, forging, tampering with, destroying or appropriating inspection dossiers.

7. Receiving bribes or acting as bribery intermediaries.

8. Other illegal acts

Article 77. Handling of acts of failing to perform communication and reporting responsibilities; failing to handle, and direct the implementation of, inspection conclusions

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees at all levels and heads of other state agencies who fail to direct, urge and examine or promptly and properly direct, urge and examine the implementation of the regime of communication and reporting on inspection work, settlement of complaints and denunciations and prevention and combat of corruption within the scope of management of their ministries, sectors or localities, and fail to handle, and direct the implementation of, inspection conclusions shall, depending on the nature and seriousness of their violations, be disciplined, and, if causing damage, shall pay compensation in accordance with law.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 78. Internal inspection organizations in state agencies, non-business units, state enterprises

Government-attached agencies and specialized 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 personnel to perform internal inspection to assist their heads in conducting inspection and examination work within the scope of their respective management.

Pursuant to the Law on Inspection and this Decree, heads of agencies, units and state enterprises shall organize and direct inspection activities within their respective agencies, enterprises and units.

Article 79. Effect

This Decree takes effect on November 15, 2011, and replaces the Government's Decree No. 41/2005/ND-CP of March 25, 2005, detailing and guiding a number of articles of the Law on Inspection; and Decree No. 61/1998/ ND-CP of August 15, 1998, on the work of inspection and examination of enterprises ceases to be effective.

Article 80. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees, and agencies, organiza­tions and units shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

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