On December 10, 2012, the Ministry of Home Affairs issued Decree 39/2007/ND-CP stipulating the procedures and content for inspection of recruitment, use, and management of officials and public employees in Vietnam.
Director of the Department of Home Affairs' Decision on the survey before inspecting the management of officials and Public Employees in Vietnams (Illustrative image)
Pursuant to Article 3 of Circular 09/2012/TT-BNV, it is stipulated that before making an inspection decision, if necessary, the Minister of Home Affairs, Chief Inspector of the Ministry of Home Affairs of Vietnam, Director of the Department of Home Affairs, Chief Inspector of the Department of Home Affairs shall, based on the requirements of the inspection, decide on conducting surveys and understanding the situation of the inspected agencies, organizations, or individuals. The person assigned to conduct surveys and understand the situation is responsible for collecting, analyzing, and evaluating the information obtained, and preparing a report to the person assigning the survey task. The report includes the following contents:
- General overview of the organizational structure, functions, tasks, powers; decentralization mechanism, management of officials and public employees of the inspected entity;- Scale, number of officials and public employees under the management of the inspected entity during the inspection period;- Situation of compliance with laws on recruitment, utilization, and management of officials and public employees;- Compilation, analysis, assessment of the information collected; identification of prominent issues, potential signs of violations in complying with laws on recruitment, utilization, and management of officials and public employees; essential aspects to be focused on during the inspection process.
Based on the survey results report, understanding (if any), and the approved inspection program and plan, the Minister of Home Affairs of Vietnam, Chief Inspector of the Ministry of Home Affairs of Vietnam, Director of the Department of Home Affairs, Chief Inspector of the Department of Home Affairs shall decide on the inspection and assign tasks to their specialized individuals or units to draft the inspection decision. The contents of the inspection decision are specified in detail in Clause 1, Article 52 of the Law on Inspection, including the following contents:
- Legal basis for inspection;
- Scope, subjects, contents, and tasks of the inspection;
- Duration of the inspection;
- Head of the inspection team, Inspectors, and other members of the inspection team.
Detailed information can be found in Circular 09/2012/TT-BNV, which comes into effect in Vietnam from February 1, 2013.
Le Vy
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