What is the function of the Inspector General? What are the duties and powers of the Inspector General of Vietnam?
Who is the Inspector General? What are the functions of the Inspector General of Vietnam?
Pursuant to the contents of Clause 1, Article 3 of the Working Regulation of the Government Inspectorate promulgated together with Decision 416/QD-TTCP in 2019 has the following provisions:
Responsibilities, scope and ways of handling the work of the Inspector General
1. The Inspector General is a member of the Government, the head of the Government Inspectorate, and is personally responsible to the Prime Minister, the Government, the National Assembly and the law for all state management activities approved by the Government; direct and administer the Government Inspectorate to properly perform its functions, tasks and powers as prescribed.
At the same time, in Clause 1, Article 12 of the Law on Inspection 2022, the Inspector General is regulated as follows:
Duties and powers of the Inspector General
1. The Inspector General is a member of the Government, responsible to the National Assembly, the Government and the Prime Minister for inspection, citizen reception, complaint and denunciation settlement, and anti-corruption.
Deputy Inspector Generals assist the Inspector General in performing their duties as assigned by the Inspector General.
Thus, it can be concluded about the Inspector General as follows:
- Be a member of the Government;
- Take responsibility before the National Assembly, the Government and the Prime Minister for the assigned management activities;
- Direct and administer the Government Inspectorate to perform the following tasks:
+ State management of inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption and negativity throughout the country;
+ Inspect, receive citizens, settle complaints and denunciations, and prevent and combat corruption and negativity.
What is the function of the Inspector General? What are the duties and powers of the Inspector General of Vietnam? (Image from the Internet)
What are the duties and powers of the Inspector General of Vietnam?
According to the content specified in Clause 2, Article 12 of the Law on Inspection 2022, the Inspector General has the following tasks and powers:
Duties and powers of the Inspector General
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2. In the field of inspection, the Inspector General has the following tasks and powers:
a) Lead, direct and inspect inspection work within the scope of state management of the Government; lead the Government Inspectorate to perform tasks and exercise powers according to the provisions of this Law and other relevant laws;
b) Promulgate legal documents according to its competence;
c) Submit to the Prime Minister for approval the orientation of the inspection program; promulgate inspection plans of the Government Inspectorate and organize and direct the implementation;
d) Decide on inspection when detecting signs of law violation;
dd) Request the Minister, Head of Governmental agency, President of the People's Committee of the province to decide on the inspection of cases showing signs of law violation; in case of ministers, heads of agencies attached to the Government, presidents of provincial-level People's Committees fail to do so, they shall issue inspection decisions or report to the Prime Minister for direction;
e) Decide re-inspection of the case has been concluded by the Inspectorate of the Ministry, the inspection agency of an agency attached to the Government or the provincial Inspectorate, but detecting signs of law violation;
g) Handle overlaps and duplications between inspection activities and state audit activities, between activities of inspection agencies as prescribed in Clause 1, Point b, Point d Clause 2 and Clause 3 Article 55 of this Law;
h) Consider and handle matters related to inspection that the Principal Inspector of the Ministry does not agree with the direction of the Ministry, the Principal Inspector of the province does not agree with the direction of the President of the People's Committee of the province. If the Minister or Chairman of the provincial People's Committee disagrees, the Inspector General shall report to the Prime Minister for consideration and decision;
i) Propose the Minister or the People's Committee of the province to suspend the implementation or annul the legal documents promulgated by the Minister or the People's Committee of the province that are contrary to the Constitution, laws or normative documents; laws of superior state agencies, legal documents of the Inspector General discovered through inspection; if the petition is not accepted, it shall be submitted to the Prime Minister for consideration and decision;
k) Propose the Prime Minister to suspend the implementation of part or the whole of a resolution of the People's Council of the province that is contrary to the Constitution, laws and legal documents of superior state agencies detected; through inspection; report to the Prime Minister to request the National Assembly Standing Committee to annul part or all of a resolution of the provincial-level People's Council with contents contrary to the Constitution, laws and legal documents of state agencies. superior water detected through inspection;
l) Propose competent state agencies to amend, supplement and promulgate regulations to suit management requirements; propose the suspension, cancellation or annulment of illegal regulations discovered through inspection, except for the cases prescribed in Points i and k of this Clause;
m) Request ministers, heads of agencies attached to the Government, chairpersons of provincial-level People's Committees to consider, correct and remedy violations in branches, domains and localities under the management of the Government Inspector discovered through inspection;
n) Propose the Prime Minister, competent agencies and organizations to consider responsibility and handle individuals under the management of the Prime Minister, competent agencies and organizations that commit acts of violations of the law detected through inspection or failure to implement conclusions, recommendations and handling decisions on inspection; request heads of other agencies or organizations to consider responsibilities and handle persons under the management of agencies or organizations whose law violations are detected through inspection or fail to implement conclusions and recommendations, handling decisions on inspection.
Thus, the Inspector General currently has 11 tasks and powers as above according to the provisions of the Law on Inspection 2022.
What are the principles of inspection by the Inspector General of Vietnam?
The inspection principles are specified in Article 4 of the Law on Inspection 2022 as follows:
Principles of inspection activities
1. Obey the law, democracy, publicity, objectivity, timeliness and accuracy.
2. Do not obstruct the normal operation of inspected subjects and other agencies, organizations and individuals.
3. Do not overlap in scope and time between inspection agencies, between inspection agencies and state audit agencies; there is no duplication in the exercise of rights when conducting inspection.
Thus, inspection activities are carried out according to the above three basic principles.
The Law on Inspection 2022 will take effect from July 1, 2023.
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