Tasks and powers of the Cipher Inspectorate as of March 1, 2024 in Vietnam

Tasks and powers of the Cipher Inspectorate as of March 1, 2024 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On January 11, 2024, the Government issued Decree 03/2024/ND-CP on agencies performing specialized inspection functions and the activities of agencies assigned to performing specialized inspection functions, taking effect on March 1, 2024.

1. Position and functions of the Cipher Inspectorate as of March 1, 2024 in Vietnam

- The Cipher Inspectorate is an agency of the Government Cipher Committee, assisting the Head of the Government Cipher Committee in performing state management of inspection work, receiving citizens, resolving complaints and denunciations and preventing and combating corruption and negativity. ; inspect the implementation of policies, laws, tasks and powers of agencies, organizations and individuals under the management of the Head of the Government Cipher Committee; Carry out specialized inspection tasks in areas under the state management of the Minister of National Defense regarding cryptography to protect state secret information, specialized digital signatures, and civil codes, ensuring no overlap with the functions and tasks of other agencies that carry out specialized inspection functions. ; Carry out the tasks of receiving citizens, resolving complaints and denunciations and preventing and combating corruption and negativity according to the provisions of law.

- The Cipher Inspectorate is under the direction and management of the Head of the Government Cipher Committee and is subject to the direction and guidance on inspection work of the Government Inspectorate.

(Article 4 of Decree 03/2024/ND-CP)

2. Tasks and powers of the Cipher Inspectorate as of March 1, 2024 in Vietnam

- In the field of inspection, the Cipher Inspectorate has the following tasks and powers:

+ Advise, develop, and report to the Head of the Government Cipher Committee to submit to the Minister of National Defense or a competent authority to promulgate and organize the implementation of regulations on the organization and activities of the Cipher Inspectorate;

+ Develop a draft inspection plan for the Government Cipher Committee and submit it to the Head of the Government Cipher Committee;

+ Organize the implementation of the inspection plan of the Government Cipher Committee;

+ Inspect the implementation of policies, laws, tasks, and powers of agencies, organizations, and individuals under the management of the Head of the Government Cipher Committee; specialized inspection in fields under the state management of the Minister of National Defense on cryptography to protect state secret information, digital signatures for official use, and civil cryptography;

+ Inspect other cases when assigned by the Head of the Government Cipher Committee;

+ Monitor, urge, and check the implementation of the conclusions and recommendations of the Cipher Inspectorate, and the decision to handle inspections by the Head of the Government Cipher Committee;

+ Summarize and report the results of inspection work.

- Assist the Head of the Government Cipher Committee in managing citizen reception and resolving complaints and denunciations; carry out Tasks and powers in receiving citizens and resolving complaints and denunciations according to the provisions of law.

- Assist the Head of the Government Cipher Committee in managing the work of preventing and combating corruption and negativity; carry out tasks and powers in the work of preventing and combating corruption and negativity according to the provisions of law.

(Article 5 of Decree 03/2024/ND-CP)

3. Organization and activities of the Cipher Inspectorate from March 1, 2024 in Vietnam

- The Cipher Inspectorate has a Chief Inspector, Deputy Chief Inspector, Inspectors and people doing cipher work.

The Chief Inspector of Cipher is appointed, dismissed, transferred, rotated, and seconded by the Minister of National Defense according to the provisions of the law on cipher, the Law on Inspection 2022, and other relevant regulations after consulting with the Government Inspector General.

The Deputy Chief Inspector of Cipher is appointed, dismissed, transferred, rotated, and seconded by the Head of the Government Cipher Committee according to the provisions of the law on ciphers, the Law on Inspection 2022, and other relevant regulations.

- Inspection activities of the Cipher Inspectorate are carried out in accordance with the provisions of the Law on Inspection 2022, Decree 43/2023/ND-CP, Decree 03/2024/ND-CP, the law on cipher, other relevant legal provisions, and the following specific provisions:

+ No later than November 30 every year, the Chief Inspector of Cipher submits to the Head of the Government Cipher Committee to promulgate the inspection plan of the Government Cipher Committee.

No later than December 10 every year, the Head of the Government Cipher Committee issues the inspection plan of the Government Cipher Committee after being approved by the Minister of National Defense;

+ Overlap and duplication between inspection activities of the Cipher Inspectorate and the Ministry Inspectorate, inspection agencies in Government agencies, General Department Inspectors, Departments under the Ministry, Provincial Inspectors, Department Inspectors, District Inspectors, inspection agencies in special administrative-economic units and agencies assigned to perform specialized inspection functions, the Chief Inspector of Cipher will discuss with the Chief Inspectors and Heads of agencies assigned to perform specialized inspection functions to handle the matter. In case of disagreement, the Cipher Inspectorate shall conduct an inspection;

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