Decree No. 03/2024/ND-CP stipulates the operation of agencies performing specialized inspection functions. What is the position and function of cryptographic inspectors?
Decree 03/2024/ND-CP stipulating the authority implementing the specialized inspection function: How is it defined?
On January 11, 2024, the Government of Vietnam issued Decree 03/2024/ND-CP stipulating the authority implementing the specialized inspection function, and the operation of agencies assigned to implement the specialized inspection function.
Decree 03/2024/ND-CP stipulates in detail several articles, clauses, and measures for the implementation of the Law on Inspection, including:
- Stipulated at point c, clause 2, Article 18 regarding General Department Inspection, Department Inspection established under the General Department, Department under the Ministry, covering a wide, complex, and significant scope of state management subjects for socio-economic development;
- Stipulated at point b, clause 2, Article 26 regarding Department Inspection in departments with wide-ranging and complex specialized management requirements;
- Stipulated in Article 34 regarding the establishment of inspection bodies in agencies under the Government of Vietnam;
- Stipulated in clause 2, Article 35 regarding the duties, powers, and operations of inspection bodies in agencies under the Government of Vietnam;
- Stipulated in clause 2, Article 36 regarding agencies assigned to implement the specialized inspection function;
- Stipulated in clause 3, Article 37 regarding inspection activities and the implementation of inspection conclusions by agencies assigned to implement the specialized inspection function;
- Stipulated in clause 3, Article 38 regarding individuals assigned the task of specialized inspection;
- Organization and operation of inspection within the cipher agencies of the Government of Vietnam;
- Compensation regime for individuals assigned to perform specialized inspection tasks.
-https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Nghi-dinh-03-2024-ND-CP-co-quan-thuc-hien-chuc-nang-thanh-tra-chuyen-nganh-555034.aspx Decree 03/2024/ND-CP applies to state management agencies, Heads of state management agencies; Vietnam Social Security, Director General of Vietnam Social Security, Cipher Committee of the Government of Vietnam, Head of Cipher Committee of the Government of Vietnam, agencies assigned to implement the specialized inspection function, Heads of agencies assigned to implement the specialized inspection function; Chief Inspectors of Ministries, Chief Inspectors of General Departments, Departments, and equivalents under Ministries; Cipher Inspectors, Chief Inspectors of Cipher; Inspectors of Vietnam Social Security, Chief Inspectors of Vietnam Social Security; Department Inspectors, Chief Inspectors of Departments; Heads of specialized inspection teams, members of specialized inspection teams; inspection subjects and other related agencies, organizations, individuals.
-https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Nghi-dinh-03-2024-ND-CP-co-quan-thuc-hien-chuc-nang-thanh-tra-chuyen-nganh-555034.aspx Decree 03/2024/ND-CP does not apply to the organization of agencies implementing inspection functions within the People's Police, People's Army, and the State Bank of Vietnam.
Decree 03/2024/ND-CP stipulating the authority implementing the specialized inspection function: How is it defined? What are the functions and positions of cipher inspectors?
What are the functions and positions of cipher inspectors?
Based on the provisions of Article 4, Decree 03/2024/ND-CP, stipulates the functions and positions of cipher inspectors as follows:
- Cipher Inspection is an agency of the Cipher Committee of the Government of Vietnam, assisting the Head of the Cipher Committee in executing state management over inspection work, receiving citizens, resolving complaints, denunciations, and preventing and combating corruption and negativity; inspecting the implementation of policies, laws, tasks, and powers of agencies, organizations, and individuals under the management of the Head of the Cipher Committee; executing specialized inspection tasks in fields under the state management of the Minister of Defense regarding cryptography to protect state secret information, public service digital signatures, civilian cryptography, ensuring no overlap with the functions and tasks of other agencies also performing specialized inspection functions; executing tasks of receiving citizens, resolving complaints, denunciations, and preventing, combating corruption and negativity in accordance with the law.
- Cipher Inspection is under the direction and leadership of the Head of the Cipher Committee and the guidance on inspection work from the Government Inspectorate.
What are the tasks and powers of cipher inspectors?
Based on the provisions of Article 5, Decree 03/2024/ND-CP, stipulates the tasks and powers of cipher inspectors as follows:
- In the field of inspection, Cipher Inspectors have the following tasks and powers:
+ Advising, drafting, reporting to the Head of the Cipher Committee for submission to the Minister of Defense for issuance or competent authority issuance, and organizing the implementation of regulations on the organization and operation of Cipher Inspectors;
+ Drafting inspection plans of the Cipher Committee, submitting them to the Head of the Cipher Committee;
+ Organizing the implementation of the Cipher Committee's inspection plans;
+ Inspecting the implementation of policies, laws, tasks, and powers of agencies, organizations, and individuals under the management of the Head of the Cipher Committee; conducting specialized inspections in fields under the state management of the Minister of Defense regarding cryptography to protect state secret information, public service digital signatures, civilian cryptography;
+ Inspecting other cases assigned by the Head of the Cipher Committee;
+ Monitoring, urging, and examining the implementation of conclusions and recommendations of Cipher Inspectors, decisions on handling inspections by the Head of the Cipher Committee;
+ Summarizing and reporting the results of inspection work.
- Assisting the Head of the Cipher Committee in state management over receiving citizens, resolving complaints, and denunciations; executing tasks and powers in citizen reception, complaint, and denunciation resolution in accordance with the law.
- Assisting the Head of the Cipher Committee in state management over preventing and combating corruption and negativity; executing tasks and powers in preventing and combating corruption, and negativity in accordance with the law.
Decree 03/2024/ND-CP is effective from March 1, 2024.
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