Duties and powers of the Government Inspectorate as of December 1, 2023 in Vietnam

Duties and powers of the Government Inspectorate as of December 1, 2023 in Vietnam (Internet image) 

In this regard, Lawnet would like to answer as follows:

1. Is the Government Inspectorate a ministerial -level agency?

The Government Inspectorate is a ministerial-level agency of the Government, performing the functions of state management of inspection, reception of citizens, settling complaints, denunciations, corruption and misconduct anti-corruption and misconduct prevention.
throughout the country; carrying out the inspection, reception of citizens, settling complaints, denunciations, and anti-corruption and misconduct anti-corruption according to the provisions of law.

(Article 1 of Decree 81/2023/ND-CP)

2. Duties and powers of the Government Inspectorate as of December 1, 2023 in Vietnam

The Government Inspectorate performs the tasks and powers specified in Decree 123/2016/ND-CP; Decree 101/2020/ND-CP; Decree 123/2016/ND-CP as well as the following specific tasks and powers:

(1) Submit to the Government of the Law, the draft Resolution of the National Assembly, the Ordinance Project, the draft Resolution of the National Assembly Standing Committee; draft resolutions and decrees of the Government, draft decisions of the Prime Minister on inspection, receiving citizens, settlement of complaints, denunciations, and anti-corruption, misconduct according to the program, the annual legal plan of the Government Inspectorate has been approved, as have projects and drafts of other legal documents as assigned by the Government and the Prime Minister.

(2) Submit to the Government and Prime Minister the strategy, medium-term development plan, and long-term and annual development plans on the fields of state management of the Government Inspectorate; draft decisions, directives, and other documents on inspection, citizen reception, settlement of complaints, denunciations and prevention, corruption and misconduct and organized implementation.

(3) Promulgate circulars, decisions, directives and other documents on inspection, reception of citizens, settlement of complaints, denunciations and prevention of corruption and misconduct.

(4) Direct, guide, inspect and organize the implementation of legal, strategic and program -orienting documents regarding inspection, receiving citizens, settling complaints, denunciations and prevention of corruption and misconduct; anti-corruption, information, propagation, dissemination and education of laws on inspection, citizen reception, settlement of complaints, denunciations, and anti-corruption and misconduct anti-corruption

(5) Regarding inspection:

- Develop an inspection program orientation to submit to the Prime Minister for approval; develop inspection plans for the Government Inspectorate; guide ministries and agencies attached to the Government and provincial People's Committees to develop inspection plans; Organize the implementation and guide the ministries and agencies attached to the Government, the provincial People's Committee to organize the implementation of the inspection plan;

- Inspect the implementation of policies, laws, tasks, and powers of the ministries and agencies attached to the Government, People's Committees of provinces and cities directly under the Central Government; Inspecting the management of state capital and assets in state-owned enterprises when assigned by the Prime Minister; Inspecting complicated incidents related to the state management responsibilities of many ministries, agencies attached to the Government and provincial People's Committees;

- Inspect other cases assigned by the Prime Minister;

- Check the accuracy and legality of the inspection conclusions of the Ministry Inspectorate, the inspection agency of the Government Agency, the provincial Inspectorate, and the decision to handle after the Minister's inspection, heads of government agencies; presidents of provincial-level People's Committees when necessary;

- Decide on the re-inspection of the incident, concluded by the Ministry Inspectorate, the inspection agency of the government attached agency, and the provincial Inspectorate, but detected signs of violation of the law;

- Propose the Minister, Head of the Government Agency, and President of the provincial People's Committee to decide the inspection of the case showing signs of violations of the law; in case the Minister, Head of the Government Agency, or Chairman of the Provincial People's Committee fails to implement the decision to inspect or report to the Prime Minister to direct;

- Coordinate with the State Audit to handle overlap and overlap between inspection activities and state audit activities; assume the prime responsibility for handling the overlap of the scope, subjects, content, and time of inspection among inspection agencies in accordance with the law;

- Monitor, urge, and examine the implementation of conclusions, recommendations, and handling decisions on inspections by the Government Inspectorate and the Prime Minister;

- Consider and handle issues related to the inspection work that the Ministry of Inspectorate does not agree with the direction of the Minister, and the Provincial Chief Inspector does not agree with the direction of the President of the provincial People's Committee. In case the Minister and Chairman of the Provincial People's Committee disagree, the Government Inspector General shall report to the Prime Minister for consideration and decision;

- Propose the Minister and People's Committee of the provincial level to suspend the implementation or abolish the legal documents issued by the Minister and People's Committee of the provincial level contrary to the Constitution, Law,
Legal documents of superior state agencies were discovered through inspection; In case the proposal is not approved, the Prime Minister shall submit it to the Prime Minister for consideration and decision;

- Propose the Prime Minister to suspend the implementation of part or the entire resolution of the provincial People's Council contrary to the Constitution and Law and legal documents of superior state agencies were discovered through inspection; Report to the Prime Minister to request the National Assembly Standing Committee to abolish part or the entire resolution of the provincial People's Council with content contrary to the Constitution and Law.and legal documents of superior state agencies were discovered through inspection;

- Propose to competent state agencies to amend, supplement, and promulgate regulations to suit the management requirements; propose to suspend, cancel, or abolish the law that illegally detects the inspection work;

- Propose the Minister, Head of the Government Agency, and Chairman of the Provincial People's Committee to consider, rectify, and overcome violations in the industry, field, and area under the scope of management discovered by the Government Inspectorate;

- Propose the Prime Minister, agencies, and organizations to consider responsibilities and handling for individuals under the management of the Prime Minister, the agency, and the competent organization that violates the law has been discovered through inspections or fails to make conclusions, recommendations, and decisions on the handling of inspections; Ask the heads of other agencies and organizations to consider responsibilities and handle people under the management of agencies and organizations that violate the law discovered through inspections or do not make conclusions, petitions and handling decisions.

(6) Regarding citizen reception, settlement of complaints and denunciations:

- Organize citizen reception; receive and handle complaints, denunciations, recommendations and feedbacks; settle complaints and denunciations in accordance with the law;

- Assume the prime responsibility for and coordinate with relevant agencies in performing the task of receiving citizens at the central citizen reception office;

- Monitor, inspect, and urge ministries and agencies under the Government and People's Committees at all levels to receive citizens, settle complaints, and implement decisions on complaint settlement;

- When detecting the settlement of complaints violating the law and causing damage to the interests of the State, the legitimate rights and interests of citizens, agencies, and organizations, propose to the Prime Minister or competent persons to apply the necessary measures to end the violation, consider responsibilities, and handle the violators;

- Receive, classify, and propose the settlement of denunciations under the jurisdiction of the Prime Minister;

- Verify the content of the denunciation, report the results of the verification, and make recommendations for handling denunciations under the jurisdiction of the Prime Minister when assigned;

- Consider the settlement of denunciations that ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial-level People's Committees have resolved but show signs of violations of law; In case there is a basis for the settlement of violations of law, the Prime Minister proposes to consider and re-settle;

- Building, managing, and exploiting the national database on citizen reception, handling letters, settlement of complaints, denunciations, petitions, and reflections.

(7) Regarding anti-corruption and prevention of misconduct:

- Organize, direct, and guide the implementation of the provisions of the law on anti-corruption and misconduct against competence or under the direction of the Government, the Prime Minister and the anti-corruption and prevention of misconductwork;

- Inspect the case showing signs of corruption according to its competence; inspect the implementation of the law on anti-corruption and prevention of misconduct at ministries, agencies attached to the Government, provincial People's Committees, enterprises, and social organizations outside the State area outside the State under the authority or direction of the Prime Minister;

- Actively coordinate with agencies and organizations in detecting corruption and misconduct acts; inspect the cases showing signs of corruption and negativity according to the authority or direction of the Prime Minister; urge the handling of people who commit corruption and misconduct acts in accordance with the law and according to the decentralization of management of officials of the Party and the Government;

- Control assets and income of persons with positions and powers in agencies, organizations, and units according to their competence;

- Develop, manage, exploit, and protect the national database on asset and income control; monitor and evaluate the situation of corruption, misconduct and anti-corruption, and misconduct prevention and fighting in ministries, branches, localities, and the non-state sector;

- Coordinate with the State Audit, the Ministry of Public Security, the Ministry of Defense, the Supreme People's Procuracy, the Supreme People's Court, and the Central Committee of Internal Affairs in providing and exchanging information, documents, and experiences on anti-corruption and misconduct prevention; summarizing, evaluating, and forecasting the situation of corruption and misconduct; and proposing policies and solutions to prevent and fight against corruption and negativity.

(8) In the course of performing the task of inspecting, receiving citizens, settling complaints, denunciations, and prevention of corruption and negative anti-corruption, the government inspectorate applied the powers of the Government Inspectorate in accordance with the law; and was required by relevant agencies and units to send cadres, civil servants, and officials to participate in the inspection team.

(9) Request ministries and agencies attached to the Government and provincial People's Committees to report the situation and results of inspection, reception of citizens, settlement of complaints and denunciations, and prevention of corruption and misconduct.

(10) Summarize and report the results of the inspection, reception of citizens, settlement of complaints, denunciations, anti-corruption, and negative prevention under the Government's state management scope; summarize the experience of inspection, reception of citizens, settling complaints, denunciations, anti-corruption, and prevention of misconduct.

(11) Performing the function of the Standing Agency to implement the United Nations Convention on Anti-Corruption as a national focal point to support information internationally in anti-corruption; international cooperation on inspection, reception of citizens, settlement of complaints, denunciations, and anti-corruption

(12) Organize and direct the implementation of programs and plans for scientific research, applying scientific and technological advances in the fields of inspection, citizen reception, settlement of complaints, denunciations, anti-corruption, and prevention of misconduct.

(13) Decide and organize the implementation of the Government Inspectorate's administrative reform plan under the Government's State administrative reform and plan and the Prime Minister's direction.

(14) Direct and guide the inspection operations; foster professional skills for cadres, civil servants, and public employees; carry out the management and appointment of inspection officials' ranks in accordance with the law; The issuance of inspectors to civil servants appointed to the inspectors' ranks under the scope of management in accordance with the law. Comments on the appointment, dismissal, mobilization, rotation, and secondary school sects of the Ministry Inspectorate and the Chief Inspector of the province.

(15) Managing the organizational structure and payroll; cadres, civil servants, officials, and employees; and implementing the salary regime and regimes, policies, remuneration, reward, and discipline for officials, public servants, officials, and employees under the management of the Government Inspectorate according to regulations of the Law.

(16) Manage and direct activities for non-business organizations directly under the provisions of the law.

(17) Organize and direct the application of information technology and information technology; Digital conversion and specialized data management, serving state management functions of the Government Inspectorate.

(18) Financial management and assets assigned and organized for the implementation of the budget are allocated according to the provisions of the law.

(19) Perform other tasks assigned by the Government and the Prime Minister in accordance with the law.

(Article 2 of Decree 81/2023/ND-CP)

Decree 81/2023/ND-CP takes effect on December 1, 2023.

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