What are the regulations on the organizational structure of the Ministry Inspectorate of Vietnam? What are the duties of the Ministry Inspectorate of Vietnam?
What are the regulations on the organizational structure of the Ministry Inspectorate of Vietnam?
Pursuant to Article 17 of the 2022 Inspection Law of Vietnam, it is as follows:
Article 17. Organization of ministerial inspectorates
1. A ministerial inspectorate includes the chief inspector, deputy chief inspectors, inspectors and other public employees.
The ministerial chief inspector is appointed, dismissed, assigned, reassigned or seconded by the minister after collection of opinions from the Inspector General of the Government Inspectorate.
2. The organization of ministerial inspectorates shall comply with regulations of the law on organization of the Government and other regulations of relevant laws.
Accordingly, it is possible to determine the Ministry Inspectorate of Vietnam including:
- Chief Inspectors in Vietnam;
- Deputy Chief Inspectors;
- Inspectors;
- Public employees.
What are the regulations on the organizational structure of the Ministry Inspectorate of Vietnam? What are the duties of the Ministry Inspectorate of Vietnam?
How are the functions of the Ministry Inspectorate of Vietnam regulated?
Pursuant to the provisions of Article 14 of the Law on Inspection of Vietnam, 2022 stipulates as follows:
Article 14. Position and functions of ministerial inspectorates
1. The ministerial inspectorate is an agency of the Ministry, which assists the Minister in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; conducts administrative inspection for agencies, organizations and individuals under the management of the Ministry; performs specialized inspection in sectors under state management of the Ministry according to regulations of the Minister and ensures no duplications with the functions and tasks of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the Ministry; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.
2. The ministerial inspectorates shall be subject to the direction and management of the ministers and the direction of inspection, professional guidance of the Government Inspectorate.
Accordingly, the Ministry Inspectorate of Vietnam is an agency of the Ministry, performing the following functions:
- State management of inspection, reception of citizens, settlement of complaints and denunciations and prevention and combat of corruption and negativity;
- Administrative inspection of agencies, organizations and individuals under the ministry's management;
- Specialized inspectors in areas under the Ministry's state management as prescribed by the Minister, ensuring that they do not overlap with the functions and tasks of inspectors of general departments, departments and other agencies under the Ministry assigned to perform specialized inspection functions;
- Receive citizens, settle complaints and denunciations and prevent and combat corruption and negativity in accordance with the provisions of law.
How are the duties and powers of the Ministry Inspectorate of Vietnam regulated?
Pursuant to Article 15 of the 2022 Inspection Law of Vietnam, the Ministry Inspectorate of Vietnam has the following tasks and powers:
- The ministerial inspectorates shall assist the ministers in performing state management of inspection and have the following tasks and powers:
+ Advise, develop and submit to the ministers for promulgation of regulations, guide and urge the implementation of regulations on organization and inspection under state management competence of ministries;
+ Develop draft plans for inspection of the ministries, guide the development of draft plans for inspection of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries to synthesize into annual inspection plans of the ministries for submission to the ministers for promulgation;
+ Organize implementation of annual inspection plans of ministerial inspectorates; monitor, urge and examine implementation of annual inspection plans of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries
+ Conduct administrative inspection for agencies, organizations and individuals under the management of the ministers; conduct specialized inspection in the sectors under state management of the ministries, except for sectors that the sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries have been assigned to implement;
+ Inspect contents relevant to many sectors under state management of the ministries;
+ Inspect other cases assigned by the ministers;
+ Re-inspect cases which the conclusions have been made by sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries; cases under state management of the ministries, which the conclusions have been made by inspectorates of provincial-level departments in case of detection of signs of law violations via consideration and handling of complaints, denunciations, recommendations and reflections;
+ Monitor, urge and examine the implementation of conclusions, recommendations of ministerial inspectorates and inspection-related decisions of the ministers;
+ Examine the accuracy and lawfulness of conclusions on inspection of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries and decisions on handling after inspection of the presidents of the People's Committees of provinces with regard to cases under the management of the ministries, if necessary;
+ Provide professional guidance on inspection for sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries, and inspectorates of provincial-level departments;
+ Summarize and report the results of inspection.
- Assist the ministers in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.
- Assist the ministers in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.
Thus, the Ministry Inspectorate of Vietnam shall perform the above-mentioned tasks and powers.
The Inspection Law of Vietnam 2022 will come into force from July 01, 2023.
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