Inspection Conclusions in the People's Public Security: Which Agencies Are They Sent To?

On January 05, 2015, the Minister of Public Security has just signed and promulgated Circular 02/2015/TT-BCA stipulating the procedures for conducting an administrative inspection in the People's Public Security.

Administrative Inspection Conclusions in the People's Public Security, Circular 02/2015/TT-BCA

Illustrative image (source: internet)

To be specific, Circular 02/2015/TT-BCA stipulates that, at the latest 15 days from the date of receiving the administrative inspection result report in the People's Public Security, the person who issued the inspection decision must issue a written inspection conclusion and send it to:

- The inspected entity and relevant agencies, organizations, individuals as stipulated;- The Inspectorate of the Ministry of Public Security if the person issuing the inspection decision is the General Director, Commander, Director, Director of the Academy, Principal of the People's Public Security School, Director of Provincial Public Security, Director of Provincial Fire Prevention and Fighting Police, Chief Inspector of Provincial Public Security;- The Inspectorate of Provincial Public Security if the person issuing the inspection decision is the Head of District Public Security.

In cases where the inspection conclusion has measures within the authority of the person issuing the inspection decision, the Head of the inspection team shall draft a decision for handling, according to the laws, for the person issuing the inspection decision to sign and promulgate it. If the inspection conclusion has measures not within the authority of the person issuing the inspection decision, the inspection conclusion shall be sent to the head of the respective Public Security unit or local government with competent authority as the basis for consideration and handling in accordance with Article 40 of the Law on Inspection.

The announcement of the inspection conclusion shall be done by direct announcement or sending the conclusion to the inspected entity. If directly announcing the inspection conclusion, the procedure is as follows:

- The person issuing the inspection decision or the Head of the inspection team (as authorized) shall notify in writing the head of the agency, organization, and individual subject to inspection about the time, location, and participants of the announcement meeting. Participants shall include the head of the agency, organization, or individual subject to inspection, and representatives of related agencies, organizations, or individuals;- The person issuing the inspection decision or the Head of the inspection team shall read the full inspection conclusion;- The announcement of the inspection conclusion shall be minuted.

The publicization of the inspection conclusion shall be carried out in accordance with Article 39 of the Law on Inspection and Article 46 of Decree 86/2011/ND-CP of September 22, 2011, which stipulates in detail and guides the implementation of certain articles of the Law on Inspection. The form of publicizing the inspection conclusion shall be proposed by the Head of the inspection team and decided by the person who issued the inspection decision. The publicizing of the inspection conclusion must be recorded in writing.

More details can be found in Circular 02/2015/TT-BCA which took effect from February 20, 2015.

Thu Ba

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