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Circular No. 03/2009/tt-Ttcp: Regulation In Process Inspections Carried

Original Language Title: Thông tư 02/2010/TT-TTCP: Quy định quy trình tiến hành một cuộc thanh tra

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Pursuant to the law on the Ombudsman of 15 June 2004;

Pursuant to Decree No. 41/2005/ND-CP dated 25 March 2005 the Government detailing and guiding the implementation of some articles of the law on the Ombudsman;

Pursuant to Decree No. 65/2008/ND-CP on May 20, 2008 of the Government functions, tasks, powers and organizational structure of the Government Inspector, Inspector of government regulation process for conducting an inspection as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the procedures and content of conducting an inspection, including: preparing the inspection, conducted the inspection and inspection end.

Article 2. The object that applies to this circular apply to heads of State management bodies, heads of State inspectors, inspection delegation led by heads of State management bodies, heads the State inspection agency established to carry out the task Inspector.

Chapter II the PROCESS of CONDUCTING an INSPECTION ITEM 1 article 3 INSPECTION PREPARATION. Survey, grasp the situation to decide the inspection 1. Before a decision, in case of need, the heads of State management bodies, heads of State inspection based on the request of the Inspector to determine the survey, grasp the situation with regard to agencies, organizations, individuals are inspected (hereafter referred to as the object Inspector).

2. Who was surveyed, grasp the situation is responsible for the analysis, synthesis, evaluation of the information received, the reports of the survey mission, grasp the situation. The report includes the following: a) General overview of organizational models, management mechanism, functions, duties and powers of the Inspector object;

b) survey results, according to each situation, grasp the content: System the provisions of the law relating to the operation of the object Inspector; the information related to the activities, the inspection, testing, auditing, investigation of the Agency and self test operation, control of the Inspector object; the information relating to the relationship is primarily associated with the active organization of the Inspector object and the information related to the content of the scheduled inspection;

c) identified prominent issues, signs of violations, propose the content needs and how organizations make.

3. The time survey, grasp the situation caused by the heads of State management bodies, heads of State inspectors decided not to exceed 15 days from the date of delivery of the survey mission, grasp the situation.

Article 4. The decision the Ombudsman 1. Based reporting survey results, grasp the situation (if any) and the program, the plan was approved by the inspectors, heads of State management bodies, heads the State Inspection Agency inspection decision and assigned to the individual, his professional unit drafted inspection decisions.

2. content inspection decisions are specified in clause 1 Article 37 of law inspections, include the following: a) legal bases to inspectors;

b) object, content, scope, mandate inspections;

c) the time limit for conducting the inspection;

d inspection and crew Chief) other members of the Corps of inspectors;

e) agencies, organizations, individuals are tasked with directing, monitoring inspection activities (if any).

3. the Secretary of State management bodies, heads of State signed the inspection agency decided to inspect and direct the inspection decision within the time limit prescribed by the law.

Article 5. Building and approved the plan to conduct the inspection 1. Delegation Chief Inspector is responsible for presiding over the draft of the plan to conduct the inspection includes the contents: the purpose, requirements, content inspection, object Inspector, inspection period, the duration of the inspection, the Inspector conducted methods, progress made, information reporting regime, the use of the media , equipment, funding and other necessary material conditions serve the activities of the inspection Group.

2. inspection Delegation to discuss the draft plan to conduct the inspection. The various opinions must be report the Ombudsman decision review before approval.

3. the head of the delegation inspected the decision approved by the planning inspector conduct Inspector.

4. Time building plan approval and inspection conducted by the decision the Ombudsman decided, but not more than 5 days from the date of signing the inspection decision.

Article 6. Common plan of conducting inspections 1. Union Chief Inspector Inspector Crew meeting organized to disseminate, conduct inspection plan approved and assigned tasks for the team, the team, the members of the Corps of inspectors; discussion of the method, the way the organization conducts inspections, coordination between institutions, groups, members of the delegation; the Organization of professional training for Crew members inspected as needed.

2. Each Member Delegation inspected the construction planning performing the task assigned and reported to the head of the inspection group.

Article 7. Build requirements outline the object Inspector to report 1. The Inspector content base, plans to conduct the inspection, the Inspector is responsible for crew Chief presided with members in the delegation inspected the building outline of object requests the inspection report.

2. the head of delegation had inspected the text sent to the object Inspector (attached outline reporting requirements) at least 5 days before the announcement of the decision in writing, the Ombudsman must specify how the report, time filed a report.

Article 8. Notification of the publication of the decision the Ombudsman 1. Delegation Chief Inspector is responsible for notification in writing to the Inspector object on the announced inspection decisions. The notice must specify the time, place, participants announced the inspection decision sessions.

2. attend the composition announced the decision to include the Inspector Corps of inspectors, heads of agencies, organizations and individuals is the object Inspector. In case of need, the head of the inspection group invited the representative agencies, organizations, individuals concerned attend the announced inspection decisions.

Section 2 CONDUCT INSPECTION article 9. Announced inspection decisions 1. Least 15 days from the date of the decision of the Chief Inspector, the inspector responsible group announced the decision the Ombudsman with the object Inspector.

2. the head of the inspection group chaired sessions announced inspection decisions, read the full text of the decision, stating the purpose, requirements, working methods and ways of the inspection Group, the rights and obligations of the Inspector object, specific work program and other work related to the operation of the inspection Group.

3. the required inspection Delegation representing heads, organizations or individuals is subject to inspection reports directly on the contents inspected according to the outline was submitted. Through listening to the report of the object Inspector to prepare, if necessary, additional inspection crew Chief can ask the Inspector objects continue to supplement, complete report.

4. the head of delegation Delegation Member assignment Inspector inspection record of the announced inspection decisions. The minutes are signed between the head of the delegation and the heads of agencies, organizations, individuals are the object Inspector.

Article 10. Information gathering, documentation related to the inspection of contents 1. Chief Inspector delegation asked the Inspector objects provide records, documents relevant to the content of the Inspector. The provision of records and documents established delivery thereon between the delegation and the object Inspector.

2. In the course of the inspection, if it deems necessary, the delegation Chief Inspector or Inspector Corps members (the inspectors) continue to ask the Inspector object, request bodies, organizations and individuals to provide information and documents relevant to the content of the Inspector. The provision of information, documents are expressed in writing by the Agency, organization, individual or Group provided the inspector set the minutes about providing information, documents.

3. The management, exploitation and use of the information and documents collected in accordance with the provisions of the law on the Ombudsman.

Article 11. Check, verify the information, documents 1. On the basis of a written report of the Inspector object and the information, documents and had collected, the inspector responsible for Group research, analyze, compare, comparison, reviews; ask the Inspector object explanation about the issues related to the content of the Inspector; inspect, verify the fact (if necessary) and take responsibility for the accuracy and objectivity of the information and documents checked, verified.

2. where the checks, verify the information, the documentation at the Agency, organization, the individual is not the object of the inspection, the inspector must group members suggested the Chief Inspector group opinion and requiring the consent of the head of the inspection group. The test results, verify the information, documents and content-related inspection must be made in writing by the Agency, organization, individuals are tested, verify or set the border inspection Delegation a check, verify.

3. the head of delegation members, Inspector Inspector crew while conducting the inspection, if found wrong must then proceed to set the minutes with the object Inspector to clearly define the content, nature and extent of the violation, the causes leading to the violation.

Cases of economic violations need to handle the immediate recovery of the economy or to apply other disposal measures, the Chief Inspector of the Union proposal and the draft text to the decision the Ombudsman consider processed under the Authority set forth in article 42 the Ombudsman Law.

4. When detecting the signs violate the law to the extent that prejudice to criminal liability, the head of the inspection division is responsible for reporting to the inspection decision review, decided to transfer the records to the authorities (after the evidence in Corps of inspectors is regulated in article 20 of this circular).

Article 12. Progress report the task Inspector


1. the Inspector Corps members are responsible to report the progress of the task inspector to Chief Inspector under the Union plan was approved by the inspector or the Chief's sudden request inspection group.

2. the head of the inspection division is responsible for reporting to the Ombudsman about the decision to schedule the task Inspector of the inspection Group under the planning inspectors approved or at the request of unscheduled inspection decision.

3. Progress report the inspection mission is expressed in writing, including the content: the progress of the task inspector to report date; content inspection had been completed, the results have been part inspection, the Inspector content is in progress; expected work done in time to come; difficulties, obstacles and propose remedies.

4. The decision of the Chief Inspector, the inspector must check the Group and have a specific direction, directly on the progress report of the Chief Inspector, crew members of the Corps of inspectors.

Article 13. Additional amendments to the plan to conduct the inspection in the inspection process 1. Additional amendments to the plan to conduct the inspection at the request of the Ombudsman decisions.

a) case decision found the inspectors need additional amendments to the plan to conduct the inspection, the decision to have inspectors written request to Chief Inspector delegation made;

b) Chief Inspector unions have the responsibility to inform the revised content, additional plans to conduct inspections for the Crew members and the Organization to implement.

2. Amendments and supplements to the plan to conduct the inspection at the suggestion of the delegation inspected.

the Chief Inspector has the group a) text recommended inspection decision review, decided the amendments and supplements to the plan to conduct the inspection. The text suggested additional amendments to the plan to conduct the inspection must clearly state the reason, content modification, additions and other related content;

b) inspection Group discussions on the proposal to modify and supplement plans, conducting the inspection. The various opinions must be fully reported to the inspection decision;

c) When the decision to have inspectors approved the amended text, additional plans to conduct inspections, Chief Inspector Corps Base comments approved additional amendments to the plan to conduct the inspection and implementation.

Article 14. Change the protagonist detective, Inspector Corps members; Group members supplement the inspection 1. During the inspection, the crew Chief change Inspector Inspector Crew members, was made in the case of Group Chief Inspector Inspector Crew members, does not meet the requirements, the Inspector duties, violating the law or because of objective reasons which cannot perform the task Inspector.

2. The change of Chief Inspector Corps.

a) case protagonist Inspector recommended change: head of the inspection group report in writing stating the reason for sending the decision to the Inspector.

b) decision case active inspector change: decision the Ombudsman notify the delegation inspected the reason to change.

c) decision the inspectors expected to replace the head of the delegation inspected the draft decided to change the head of Corps Inspector the Inspector signed decision issued.

3. The addition of Crew members made inspection in case of need to ensure progress, the quality of the inspection or to meet other requirements arising in the course of the inspection.

4. Changing the Group members supplement the inspection by the Chief Inspector of the Union the proposal in writing. Text of proposed changes and supplements must specify the reason, your name, the title is changed, the member added.

If the Inspector decides to agree to change the additional Crew Member, Inspector, head of the delegation inspected the draft decided to change and supplement the Ombudsman signed a decision issued.

Article 15. Inspection period 1. Head of the delegation had suggested text Inspector decision renewed inspection inspection time. The suggested text should clearly state the reason, time extension; different opinions of the members of the delegation inspected about renewal proposal (if any).

2. Based on the recommendation of the Chief Inspector, the Group decide the inspection review, decided to extend the time a detective match decided by law.

3. Decides to extend the time the Inspector was sent for inspection, the Inspector object and the agencies, organizations and individuals concerned.

Article 16. Report the results of the Mission of the Crew members inspected each member Union inspectors are responsible to report in writing to the head of the inspection group on the results of tasks and are responsible for the accuracy, the truthfulness of that report.

The case found unknown report content, not enough then the protagonist Inspector Inspector Crew members requested additional clarification.

Article 17. The diary of Inspector-Group 1. The diary of Inspector's Group notes the activities of the Ombudsman, the content relevant to the operation of the inspection Group took place in November, since the Inspector to decide when to hand over the records for inspection the competent authority.

2. Daily Inspection Division Chief, is responsible for recording the log book and a signed verification of content was recorded. Where necessary, the head of the inspection Division delivered record books for Union members, but the Chief Inspector Corps of inspectors must be responsible for the recording and confirm the contents of that log book records the inspection Group.

3. the log content inspection Group should reflect: a) the day, month, year; the work carried out; Agency name, organization, individual or Inspector object is relevant to checking, verification, work;

b) direction, of the decision of the Chief Inspector, Inspector, if any, group c) difficulties and obstacles arise in the operation of Inspector Inspector Crew (if any);

d) other content relevant to the operation of the inspection Group (if available) 4. Delegation Chief Inspector is responsible for managing the shared diary Delegation inspected during the inspection. The case for reasons of objectivity which the Inspector Corps diary book is lost or damaged, the crew Chief Inspectors must report to the inspection decision reviewed, resolved.

5. The inspection Group logging is done according to the template specified by the Inspector General and to ensure the accuracy, objectivity, honestly, clearly and fully reflected the work takes place in the course of the inspection. The Inspector Corps books are stored in records inspection.

Article 18. Finish the inspection at the inspection place is 1. Prepare the end of the inspection at the place to be inspected, the inspection group Chiefs held the unified inspection Delegation meeting the content needs work done to end date surveyor in the place to be inspected.

2. the head of the inspection group report to the Ombudsman about the decision is expected to end the inspection at the place to be inspected.

3. the head of delegation informed the Ombudsman by writing about the end time inspection at the place where the Inspector is sent to heads of agencies, organizations, individuals are the object Inspector to know or if necessary can organize a meeting with the object Inspector to announce the end of the inspection at the place to be inspected; the meeting established the minutes and signed between the heads of agencies, organizations, individuals are objects with the Chief Inspector Inspector crew.

Section 3 END INSPECTION article 19. Building inspection results reports 1. Delegation Chief Inspector is responsible for presiding over the building inspection results report. Report the results of the inspection must keep abreast of content, planning to conduct the inspection, stating the reviews, reviews on each content has conducted inspections; specify the breach, cause, liability for the violation; given the recommendations handle infringement remedies; specify the provisions of the law as a basis to determine violations of the law, the nature and extent of the violation, the processing measure recommendations violated.

2. in the process of building inspection results report, where necessary, the head of the delegation inspected the consultation of agencies, organizations and individuals involved to ensure the conclusion of processing petition, to be exact, objective.

3. the head of the inspection group opinions joined by Union members for the draft inspection report the inspection results and report the results of the inspection. In case the Inspector Corps members have different opinions about the content of the draft, the head of the inspection group to consider, decide and take responsibility before the law, before the decision of the Ombudsman of his decision.

4. Slowly for 15 days from the date of the end of the inspection at the place to be inspected, inspection crew Chief has to report the inspection results to decide the inspection accompanied by reports on the different opinions of the members of the delegation inspected for results reporting Inspector.

Article 20. Evidence in the delegation inspected during construction inspection results or reports in the case of proposals to transfer the case to the investigating authorities, the head of the inspection division is held to the members of the delegation participate in reviews of evidence for each content, recommendations, conclusions and proposals must be established as inspection Group meeting minutes.

Article 21. Consider the Inspector results reporting 1. The decision the Ombudsman directly to research or to the Agency, the professional units helped the study, consider the content in the resulting report Inspector.

2. in case of need clarification or need to add content in results reporting Inspector, Inspector decision held a meeting to hear Inspection Division inspection Group report directly or have the direction in writing require Major Union and the members of the delegation inspected the specific report.

In case of necessity to conduct additional inspections to clarify, Ombudsman decision has decided the additional inspectors to inspection Delegation as the basis for implementation.

Article 22. Implementation guidance of the Ombudsman decisions


Head of the delegation inspected implementation guidance of the Ombudsman decision; inspection Group meeting to discuss the additional report, clarification of the inspection results report.

Head of the delegation inspected the additional report, clarification of reporting inspection results with decision Inspector attached to the different opinions of the inspection Group members (if any).

Article 23. Construction of the draft concluded inspection 1. After receiving the inspection results report and the additional report, clarified (if any) of the Corps of inspectors, the decision-making Steering Group Chief Inspector the Inspector chairing draft conclusion decision process inspection Inspector.

2. Decide the self inspection or research allocated to agencies, specialized research unit the draft concluded and advised in the process of concluding the inspection. Staff opinion is expressed in writing and stored in records inspection.

3. where the decision the Ombudsman sent the draft conclusions for the object Inspector and the Inspector object has a text explanation, head of the inspection division is responsible for research and the proposed decision with Inspector directions explain content processing of the object Inspector.

4. the content of the draft concluded inspection prescribed in paragraph 1 Article 43 Ombudsman Law.

Article 24. Signed, issued and announced inspection conclusions 1. Complete inspection crew chief concluded inspector to inspector signed decision issued. Conclusion the Inspector is sent to the object Inspector of agencies, organizations, and individuals involved according to the regulations.

In the case concluded the handle under the authority of the decision, the Chief Inspector of building inspectors Union draft decision dealt under the provisions of the law the Ombudsman signed a decision issued.

In case the conclusion people not handling measures under the authority of the Inspector, the decision concludes the Inspector was sent to the heads of State had the authority to review the processed according to the provisions of article 44 of law Inspector.

2. The publication of the conclusions and decisions by the Ombudsman the Ombudsman decisions. The case decision the Ombudsman decided to announce the conclusion the inspection shall be performed as follows: a) decision the Ombudsman or Chief Inspector authorized delegation announced in writing to the heads of agencies, organizations or individuals is subject to inspections on time, location , participants announced sessions concluded inspectors. Participants announced sessions conclude the inspection included the heads of agencies, organizations or individuals is subject to inspection, agency representatives, organizations and individuals concerned;

b) decide the inspector or Chief Inspector group read full text concluded inspection; clearly the responsibility of agencies, organizations, individuals in the exercise of conclusion the Ombudsman;

c) the announcement concluded inspections be established thereon.

Article 25. Delivery of pay records, document 1. After the conclusion of the Chief Inspector, inspection division is responsible for organizing the delivery of pay records, documents do not need to keep the object Inspector.

2. The Chief Inspector may delegate decisions to pay record, the document inspector before concluding, but must ensure the records, documents that do not require seizure or not related to the content of the concluded inspectors.

3. The delivery of pay records, document established a delivery between the delegation and the object Inspector.

Article 26. Operations of inspection 1. After the conclusion of the Chief Inspector, inspection division is responsible for the Organization of the meeting to summarize inspection Group, learned about the activities of the inspection Group. The content of the following: a) reviews the Inspector results in comparison with the purpose, requirements of inspections.

b) reviews the results, tasks, implementing regulation of the activity of the inspection Group, supervisory regulation, inspection activities inspection, the officer's conduct and other regulations related to inspection activities.

c) the lessons learned through inspections.

d) the recommendations, proposed by the Corps of inspectors (if available).

2. Reward for the discipline inspection Group.

a) inspection Group to complete its task of inspection; Delegation Chief Inspector, Inspector Corps members have excellent achievements in the course of the inspection, the authority recommended considering the praise, reward;

The vote, suggested the praise, rewards must be conducted openly, democratically, objectively in accordance with the law and instructions of Inspector General about emulating rewarded;

b) in the course of the inspection, the inspection Division Chief, Inspector Corps members violated the prohibition in the activity Inspector, or there are violations of the law must be reviewed, processed under current rules.

2. The end of the Group's operations Chief, Inspector Inspector crew has to report in writing on the contents of the active experience, withdrawal of the inspection Group with the decision and the heads of the units inspected.

Article 27. Set, handing the Inspector records 1. Delegation Chief Inspector is responsible for organizing the establishment inspections, including: a) Ombudsman decisions, plans to conduct the inspection, the additional text, modify the decision, plans to conduct the inspection, change, additional Secretary of the delegation inspected, the Inspector Corps members (if any);

b) minutes of work, minutes of checking, verifying; the type of report, the justification of the Inspector object, the document contents, the evidence (for each group of content expressed in the comment Inspector).

c) the report of the Inspector object; progress report, the report of the mission Crew members inspected; report the results of the inspection; conclusion the Ombudsman;

d) the text of the processing and documents related to the handling of petitions;

e) inspection Group and log other documents relevant to investigations.

2. within 30 days of the conclusion of the Chief Inspector, inspection division is responsible for organizing the transfer of records to Agency inspectors directly administered Chief Inspector Corps. Case because of objective obstacles the time handing the Inspector records can last long but not more than 90 days. In case the decision is not Inspector heads directly administered Chief Inspector Corps then Division Chief Inspector reports to the Ombudsman decision please comments directing the delivery of inspection records for the competent authorities.

3. The delivery inspection records must be made in the minutes.

Chapter III the TERMS of the IMPLEMENTATION of Article 28. Effective enforcement of this circular effect from 15th April 2010.

Article 29. Additions, modifications In the implementation process, if there are problems or new issues arise, the proposal reflects the timeliness of government inspectors to be studied, additional review, modify accordingly./.