What are the forms of specialized inspection of the people’s police force in Vietnam? Who has authority to decide on inspection?
What are the forms of specialized inspection of the people’s police force in Vietnam?
Pursuant to Clause 2, Article 5 of Circular 128/2021/TT-BCA stipulating as follows:
Inspection forms
1. Specialized inspection shall be conducted in the following forms:
a) Inspect according to the approved plan;
b) Unscheduled inspection.
2. Unscheduled inspection shall be conducted in the following cases:
a) When detecting that agencies, organizations and individuals show signs of violations of the law on national security, social order and safety.
b) At the request of the settlement of complaints and denunciations, prevention and combat of corruption.
c) Assigned by the head of a competent state management agency.
Thus, the specialized inspection of the people’s police force includes two forms:
- Inspection according to approved plan
- Unscheduled inspection
The irregular specialized inspection of the People’s Police force shall be conducted in the following cases:
- When detecting that agencies, organizations and individuals show signs of violations of the law on national security, social order and safety.
- At the request of the settlement of complaints and denunciations, prevention and combat of corruption.
- As assigned by the head of a competent state management agency.
What are the forms of specialized inspection of the people’s police force in Vietnam? Who has authority to decide on inspection?
What are the principles of specialized inspection of the people’s police force in Vietnam?
Pursuant to Article 4 of Circular 128/2021/TT-BCA stipulating the principles of specialized inspection of the people’s police force as follows:
- Comply with the provisions of Article 7 of the 2022 Law on Inspection, Article 6 of Decree 41/2014/ND-CP; prescribed in this Circular and other relevant laws.
- Inspection activities are carried out according to the mode of head. Members of the inspectorate must abide by the decisions and directions of the head of the inspectorate; The head of the agency or unit presiding over the inspection and the head of the inspectorate must abide by the decisions and directions of the inspection decision issuer.
- Members of the inspectorate, the head of the inspectorate, the head of the agency or unit presiding over the inspection have the right to reserve their opinions on the contents related to the results of the performance of their assigned tasks.
Who has the right to issue specialized inspection decisions of the people’s police force in Vietnam?
Pursuant to the creation of Article 6 of Circular 128/2021/TT-BCA, the authority to issue specialized inspection decisions of the people’s police force belongs to the following subjects:
- The Minister of Public Security shall issue an inspection decision:
+ Fields under the state management competence of the Ministry of Public Security for ministries, ministerial-level agencies and agencies attached to the Government; People’s Committees of provinces and centrally run cities (hereinafter referred to as provincial-level People’s Committees).
+ Unscheduled inspection when detecting signs of law violation; Complaints, denunciations, prevention and combat of complex corruption.
+ Re-inspect the case with the inspection conclusion of the Chief Inspector of the Ministry of Public Security but detect signs of law violations or complicated complaints and denunciations related to many levels, branches and localities.
- Chief Inspector of the Ministry of Public Security issues an inspection decision:
+ The fields under the state management of the Ministry of Public Security according to the plan approved by the Minister of Public Security.
+ Unscheduled inspection of ministries, branches, corporations, corporations and companies operating nationwide or involving many localities and provincial People’s Committees when assigned by the Minister of Public Security.
+ Re-inspect the case with the conclusion of the inspection of the Director of the Fire Prevention and Fighting Police Department, and rescue and rescue; Provincial-level Police Director when assigned by the Minister of Public Security.
- The director of the provincial-level police department shall issue an inspection decision:
+ Agencies, organizations and individuals in the fields under state management according to the plan approved by the Minister of Public Security.
+ At the request of Chief Inspector of Public Security of provinces and centrally run cities (hereinafter referred to as Chief Inspector of Provincial Public Security).
+ Unscheduled inspection of responsibilities of directors of departments, heads of branches, chairmen of district-level People’s Committees in the area under their management; when detecting signs of law violation; complex complaints, denunciations, prevention and combat of corruption; The case is assigned by the Minister of Public Security, the President of the People’s Committee of the province, and the Chief Inspector of the Ministry of Public Security.
+ Re-inspect the case with the inspection conclusion of the Chief Inspector of the Provincial Police.
- The Director of the Fire Prevention and Fighting Police Department shall issue an inspection decision:
+ Agencies, organizations and individuals in the field of state management of fire prevention and fighting and rescue according to plans approved by the Minister of Public Security.
+ Unscheduled inspection when detecting signs of violations of the law on fire prevention and fighting and rescue under its management; The case is assigned by the Minister of Public Security and the Chief Inspector of the Ministry of Public Security.
- Chief Inspector of provincial-level Public Security shall issue an inspection decision:
+ Agencies, organizations and individuals under the scope of state management according to the plan approved by the Director of the Provincial Public Security.
+ Unscheduled inspection when detecting signs of law violation, when complaints and denunciations occur, and complex anti-corruption prevention and control falls under the management of the provincial-level Public Security; The case is assigned by the Director of the Provincial-level Police.
Nguyễn Thị Hồng Nhung
