| GOVERNMENT INSPECTORATE | THE SOCIALIST REPUBLIC OF VIETNAM |
| No. 07/2021/TT-TTCP | Hanoi, October 1, 2021 |
Pursuant to the Law on Inspection dated November 15, 2010;
Pursuant to the Law on Complaints dated November 11, 2011;
Pursuant to the Law on Citizen Reception dated November 25, 2013;
Pursuant to the Law on Whistleblowing dated June 12, 2018;
Pursuant to the Law on Anti-Corruption dated November 20, 2018;
Pursuant to Government’s Decree No. 86/2011/ND-CP dated September 22, 2011 on elaboration of and guidelines for the Law on Inspection;
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Pursuant to Government’s Decree No. 64/2014/ND-CP dated June 26, 2014 on elaboration of the Law on Citizen Reception;
Pursuant to Government’s Decree No. 31/2019/ND-CP dated April 10, 2019 on elaboration of the Law on Whistleblowing;
Pursuant to Government’s Decree No. 59/2019/ND-CP dated July 1, 2019 on elaboration of the Law on Anti-corruption;
Pursuant to Government’s Decree No. 124/2020/ND-CP dated October 19, 2020 on elaboration of the Law on Complaints;
Pursuant to Government's Decree No. 50/2018/ND-CP dated April 9, 2018 on functions, tasks, powers, and organizational structure of the Government Inspectorate;
At the request of the Director of the Legal Department;
The Government Inspector-General promulgates a Circular on authority and subject matters of inspection of compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures.
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1. This Circular sets forth authority and subject matters of inspection of compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures by agencies, organizations, units, individuals, heads of agencies, organizations, and units under the authority of state administrative agencies.
2. Procedures for inspection of compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures shall be conducted in accordance with the Law on Inspection and Section 1, Chapter III of Decree No. 86/2011/ND-CP dated September 22, 2011 of the Government on elaboration of the Law on Inspection, Circular No. 06/2021/TT-TTCP dated October 1, 2021 of the Government Inspectorate on the organization and operation of the inspectorates and procedures for conducting an inspection and other provisions of law on inspection.
1. Heads of state administrative agencies, heads of state inspection agencies, heads of inspection teams and members of inspection teams when they are inspecting compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures.
2. Heads of agencies, organizations, units, and individuals who are responsible for complying with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures.
3. Heads of other relevant agencies, organizations, units, and individuals.
Article 3. Responsibilities of Heads of state administrative agencies
Within their designated duties and powers, heads of state administrative agencies are responsible for: organizing, directing, and guiding inspections of compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures; resolving any difficulties or issues arising from inspections; promptly addressing recommendations from inspection agencies and inspectorates; making inspection conclusions and directing their implementation according to legal provisions.
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2. Agencies, organizations, units and individuals related to the subject mattes of inspection are responsible for providing complete and timely information and documents upon request from the authorized inspectors.
Article 5. Government Inspectorate's authority
1. The Government Inspectorate inspects the compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures by ministries, ministerial-level agencies, and Governmental agencies (hereinafter referred to as "ministries"), People's Committees of provinces and centrally affiliated cities (hereinafter referred to as Provincial People's Committees); state-owned enterprises established by the Prime Minister; asset and income control agencies affiliated to state administrative agencies.
2. While conducting inspections, the Government Inspectorate will assess the compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures by ministries, Provincial People's Committees, state-owned enterprises established by the Prime Minister, and related agencies, organizations, units, and individuals, including:
a) Ministry offices, general departments, departments, units affiliated to ministries, state-owned enterprises established by Ministers, heads of ministerial-level agencies, and Governmental agencies (hereinafter referred to as Ministers) and other agencies, organizations, units, and individuals under the management of ministries;
b) Offices of provincial People's Committees, specialized agencies of the provincial People's Committees (hereinafter referred to as departments), People's Committees of districts, towns, and provincial cities (hereinafter referred to as district-level People's Committees), state-owned enterprises established by the Presidents of provincial People's Committees and other agencies, organizations, units, and individuals under the management of provincial People's Committees;
c) Offices, divisions, and specialized boards of state-owned enterprises established by the Prime Minister and other organizations, units, and individuals under the management of these enterprises.
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Article 6. Ministry Inspectorate's authority
1. The Ministry Inspectorate inspects the compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures by agencies, organizations, units, and individuals under management of ministries; state-owned enterprises established by the Minister.
2. The inspection of compliance with laws on anti-corruption measures by enterprises and non-state sector organizations is carried out according to Clause 1 and Clause 2, Article 59 of Decree No. 59/2019/ND-CP.
Article 7. Province Inspectorate's authority
1. The Province Inspectorate inspects the compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures by departmental agencies; district-level People’s Committees; public sector entities; state-own enterprises; other units established by the President of the Provincial People's Committee.
2. While conducting inspections, the Province Inspectorate will assess the compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures by agencies, organizations, units, and individuals under management of departmental agencies; district-level People's Committees and state-owned enterprises established by the President of the Provincial People's Committee, and other agencies, organizations, units, and individuals under their management of the district-level People's Committee, including:
a) Offices, departments, divisions, and specialized units affiliated to departmental agencies and other agencies, organizations, units, and individuals under the management of provincial agencies;
b) Offices of district-level People's Committees, specialized departments and divisions under the district-level People's Committee, commune-level People's Committees and other agencies, organizations, units, and individuals under their management of the district-level People's Committee;
c) Offices, departments, divisions, and specialized boards of state-owned enterprises established by the President of provincial People’s Committee, and other organizations, units, and individuals under the management of these enterprises.
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Article 8. Department Inspectorate's authority
1. The Department Inspectorate inspects the compliance with laws on inspection, citizen reception, complaints, whistleblowing and anti-corruption measures by agencies, organizations, units, and individuals under management of departmental agencies.
2. During inspections as prescribed in clause 1 of this Article, the Department Inspectorate shall assess he compliance with laws on inspection, citizen reception, complaints, whistleblowing and anti-corruption measures by agencies, organizations, units, and individuals under the management of departmental units.
Article 9. District Inspectorate's authority
1. The District Inspectorate inspects the compliance with laws on inspection, citizen reception, complaints, whistleblowing and anti-corruption measures by specialized departments and divisions under district-level People's Committees, commune-level People's Committees, other public sector entities established by the President of district-level People's Committee.
2. During inspections as prescribed in clause 1 of this Article, the District Inspectorate inspects the compliance with laws on inspection, citizen reception, complaints, whistleblowing and anti-corruption measures by agencies, organizations, units, and individuals under management of specialized departments and divisions under district-level People's Committees, commune-level People's Committees, other public sector entities established by the President of district-level People's Committee.
Article 10. Authority to examine and verify other agencies, organizations, units, and individuals
1. While conducting an inspection of compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures, based on the requirements of the inspection, in addition to inspected entities, the Inspectorate is authorized to examine and verify relevant agencies, organizations, units, and individuals to clarify the subject matters of inspection.
2. Agencies, organizations, units and individuals related to the subject mattes of inspection are responsible for providing information and documents upon request from the Inspectorate in accordance with law.
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Article 11. Subject matters of inspection of compliance with law on inspection
1. The development, approval, and implementation of inspection plans.
2. The fulfillment of responsibilities by heads of regulatory agencies, heads of state inspection agencies, heads of agencies assigned to perform specialized inspection in implementation of the Law on Inspection.
3. Appointment of inspectorate officers.
4. The exercise of authority to issue inspection decisions; procedures for conducting an inspection, inspection conclusions, publicizing inspection conclusions and addressing inspection violations.
5. The exercise of duties and powers of the Head of the Inspectorate, members of the Inspectorate, and the person making the inspection decision.
6. The supervision and inspection of the activities of the Inspectorate.
7. The issuance and implementation of decisions post-inspection against agencies, organizations and individuals that violate the law; the implementation of measures to address loopholes, weaknesses, and improve relevant mechanisms, policies, and laws.
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9. The management, use, and keeping of inspection records and other information in accordance with the law on inspection.
Article 12. Subject matters of inspection of compliance with law on citizen reception
1. The implementation of legal regulations on citizen reception headquarters, citizen reception locations, and citizen reception organization.
2. The manner in which heads of agencies, organizations, and units conduct citizen reception processes.
3. The handling of complaints, whistleblowing, petitions and reports as laid out by the law.
4. The monitoring, summarizing, and reporting on citizen reception and addressing complaints, whistleblowing, petitions, and reports.
Article 13. Subject matters of inspection of compliance with law on complaints
1. The complaint intake and resolution.
2. The implementation of regulations on time limits for resolving complaints.
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4. The implementation of regulations on authority and procedures for resolving complaints, issuance of complaint-resolving decisions.
5. The disclosure of complaint-resolving decisions.
6. The enforcement of effective complaint-resolving decisions.
7. Handling of complaints involving many people, complicated, backlogged, and protracted.
8. The monitoring, summarizing, and reporting on complaint situation and complaint resolution results.
Article 14. Subject matters of inspection of compliance with law on whistleblowing
1. The reception and initial processing of whistleblowing reports.
2. The acceptance of whistleblowing reports
3. The implementation of regulations on authority to resolve and verify whistleblowing reports, and time limits for settlement of whistleblowing cases.
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5. The promulgation of whistleblowing settlement decisions and enforcement of whistleblowing settlement decisions.
6. The protection of whistleblowers.
7. The disclosure of whistleblowing settlement decisions, and decisions on sanctions for alleged violation.
8. The monitoring, summarizing, and reporting on whistleblowing situation and whistleblowing resolution results.
Article 15. Subject matters of inspection of compliance with law on anti-corruption
1. The implementation of corruption prevention measures focuses on the following:
a) Development of anti-corruption programs and plans according to given regulations;
b) The propagation, dissemination, and education on anti-corruption;
c) The implementation of measures on disclosure and transparency regarding the organization and operations of agencies, organizations, and units; formulation and implementation of norms, standards, and regimes; compliance with codes of conduct for people with official positions; rotation of positions of people with official positions; implementation of administrative reform, application of science and technology in management and non-cash payments;
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dd) The enforcement of inspection conclusions, examination conclusions, audit reports, settlement decisions and compliance with superiors' instructions on anti-corruption measures.
2. The implementation of regulations on asset and income control, including the following:
a) Declaration of assets and income; disclosure of declarations of assets and income;
b) The management and update of declarations of assets and income and information on asset and income control; monitoring of changes in assets and income of those obliged to make declarations;
c) The verification of assets and income and disclosure of the conclusion of verification of assets and income;
d) The protection, storage, use, and provision of information on asset and income control;
d) Actions against people who violate the obligation of honesty in asset and income declaration, explanation of the source of additional property and income; or those who violate regulations on the time limit for declaring assets and income and violate other regulations on controlling assets and income;
e) The establishment and management of databases on asset and income control.
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b) Recovery of corruptly acquired assets;
c) Actions against other acts violating the law on anti-corruption.
4. Compliance with information and reporting requirements regarding anti-corruption practices.
1. This Circular comes into force as of November 15, 2021.
2. The following documents cease to be effective from the effective date of this Circular:
a) Circular No. 02/2012/TT-TTCP dated July 13, 2012 of the Government Inspectorate on elaboration of and guidelines for authority and subject matters of inspection of compliance with the law on anti-corruption;
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c) Circular No. 05/2013/TT-TTCP dated July 29, 2013 of the Government Inspectorate on authority and subject matters of inspection of compliance with the law on whistleblowing;
d) Circular No. 08/2014/TT-TTCP dated November 24, 2014 of the Government Inspectorate on authority and subject matters of inspection of compliance with the law on inspection;
3. Difficulties that arise during the implementation of this Circular should be reported to the Government Inspectorate for consideration./.
INSPECTOR GENERAL
Doan Hong Phong
File gốc của Circular No. 07/2021/TT-TTCP dated October 1, 2021 on authority and subject matters of inspection of compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures đang được cập nhật.
Circular No. 07/2021/TT-TTCP dated October 1, 2021 on authority and subject matters of inspection of compliance with laws on inspection, citizen reception, complaints, whistleblowing, and anti-corruption measures
Tóm tắt
| Cơ quan ban hành | Thanh tra Chính phủ |
| Số hiệu | 07/2021/TT-TTCP |
| Loại văn bản | Thông tư |
| Người ký | Đoàn Hồng Phong |
| Ngày ban hành | 2021-10-01 |
| Ngày hiệu lực | 2021-11-15 |
| Lĩnh vực | Bộ máy hành chính |
| Tình trạng | Còn hiệu lực |