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The Decree 158/2006/nd-Cp: On The Organization And Operation Of Foreign Inspectors

Original Language Title: Nghị định 157/2006/NĐ-CP: Về tổ chức và hoạt động của Thanh tra Ngoại giao

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The DECREE on the Organization and operation of the foreign inspectors _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on the Ombudsman of 15 June 2004;
Basing the Ordinance about the representative body of the Socialist Republic of Vietnam abroad on December 2nd, 1993;
Basing the Ordinance on administrative violations handled 2, 0 7 2002;
Considering the recommendation of the Minister of Foreign Affairs.
 DECREE: chapter I GENERAL PROVISIONS article 1. The position and function of Inspector's inspection agency Foreign Affairs Department in the foreign sector; in Central have diplomatic inspection under the Ministry of Foreign Affairs (hereinafter referred to as Inspector General) and in the provinces, central cities have foreign inspectors in the Department of Foreign Affairs (hereinafter referred to as inspection); perform the function of administrative inspection and inspection of foreign majors within the State administration under the provisions of the law.
Article 2. The object Inspector 1. Agencies, organizations, individuals under the direct management of State administration on Foreign Affairs.
2. the representative of the Socialist Republic of Vietnam abroad.
3. Representative Office has legal personality of agencies, organizations and individuals in Vietnam; agencies, organizations, individuals and organizations, Vietnam, foreign individuals in Vietnam are active participants within the governance of the Ministry of Foreign Affairs and the Department of Foreign Affairs. In the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this Decree shall apply to the provisions of international treaties.
Article 3. Principle of operation 1. The foreign inspection activities must comply with the law, ensure accurate, impartial, honest, open, democratic, timely, do not impede the normal functioning of the object Inspector and of agencies, organizations and individuals concerned.
2. When conducting the inspection, the inspection decision, heads the Agency inspectors, Chief Inspectors, inspection Division, Corps members must perform the inspection provisions the law on the Ombudsman, other relevant legislation and are responsible for the behavior of his decision.
Article 4. Working relationship 1. Inspector subject to the direct leadership of the Minister of Foreign Affairs, and subject to the direction, guidance on the work of the Organization, and the Ombudsman's services inspected the Government according to the rule of law.
2. The Inspection Department under the direct leadership of the Director of the Foreign Affairs Department, and subject to the direction, guidance on the work of the Organization, and administrative inspection services of the provincial inspection and guidance on the work of the Ombudsman profession, specialization of inspection.
3. collaboration with foreign inspectors inspected the ministries, ministerial agencies, government bodies and other agencies inspected locally during the inspection issues relating to Foreign Affairs in order to avoid overlapping and improve the effectiveness of the inspection, testing, prevention , prevent and treat the violations of the law.
Chapter II Organization, DUTIES and powers of INSPECTION of FOREIGN AFFAIRS article 5. Inspection organization 1. The Foreign Ministry has inspected.
2. Foreign Affairs Department of the province, central cities have inspection.
3. inspection body specified in clause 1 and clause 2 of this seal and private accounts.
Article 6. Inspector 1. The Inspector is the Agency of the Ministry of Foreign Affairs, shall assist the Minister of Foreign Affairs of the State administration of inspection, perform the duties and powers of the administrative inspection and inspection in the field of specialisation within the governance of the Ministry of Foreign Affairs.
2. The Inspector has a Chief Inspector, Deputy Chief Inspector and inspectors. The appointment, dismissal, Chief Inspector, Deputy Chief Inspector and inspectors follow the rule of law.
3. The inspectors have the room to perform functions and tasks.  The Minister of Foreign Affairs of specific provisions on the duties, powers, organization and staffing of The inspection.
Article 7. Duties, powers of Inspector 1. Inspection of the implementation of the policy, the law, the Agency's mission, organization, individual rights in the governance of the Ministry of Foreign Affairs.
2. Inspection of the implementation of the policy, the law, the Mission of Vietnam diplomatic missions abroad; the activities of the representative office has legal personality of agencies, organizations and individuals in Vietnam; agencies, organizations, individuals and organizations, Vietnam, foreign individuals in Vietnam are related to foreign works in the scope of the governance of the Ministry of Foreign Affairs.
3. Chaired or participated in building the legal text; recommendations authority to modify, supplement or issued legal documents relating to the inspection of Foreign Affairs.
4. Sanctioning administrative violations in the field of Foreign Affairs, in accordance with the law on handling administrative violations.
5. Assist the Minister of Foreign Affairs of the organization forward and resolve complaints, accusations under the provisions of the law on complaints and denunciation.
6. Perform the task in the prevention and fight against corruption under the provisions of the law on prevention of corruption.
7. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about processing Inspector.
8. Recommendations with the competent State agencies handled the legal violations in the foreign sector; suspend the enforcement or annulment of the regulation, the decision left the law are detected through inspection.
9. Instructions, check, the unit of the Ministry of Foreign Affairs made the provisions of the law on inspection and complaints, accusations; guide professional training specialist inspectors for inspection.
10. Gather the officers, servants of the Agency, the relevant units to join the Corps of inspectors.
11. General, reported the results of inspection, complaints, accusations, corruption prevention in the scope of the governance of the Ministry of Foreign Affairs according to regulations.
12. Perform the task of international cooperation in the field of Foreign Affairs Inspector.
13. Perform other duties and powers prescribed by the law.
Article 8. The duties and powers of the Chief Justice Inspector 1. Help the Minister of Foreign Affairs (hereinafter referred to as the Secretary) leader, directing the inspection within the governance of the Ministry of Foreign Affairs.
2. building the program, inspectors plan the Ministers decision and implementation.
3. Handling of administrative violations in the field of Foreign Affairs under the provisions of the law.
4. The Ministers decided the sudden inspection when it detects signs of breaking the law.
5. The Minister of the decision or the decision by the authority establishing the Corps of inspectors, inspectors of election, gather freelance inspectors perform inspection duties in accordance with the law.
6. process the Minister recommendations overlap, duplication of program, planning, content inspection, test range in the State management of the Ministry; advised the Minister to coordinate with the provincial people's Committee Chairman, central cities handle the overlapping and duplication of program, planning, content inspection, checking on Foreign Affairs in the province, the central cities.
7. Help Ministers insp., examine the responsibility of Heads of agencies, units of the Ministry of Foreign Affairs in the implementation of the law on the Ombudsman and complaints, accusations; recommendations the Minister considers responsible, who had handled in violation of the Minister; in collaboration with the head of the Agency, held in consideration responsibility, treats people who have violations in the administration of the Agency, that organization.

8. Petition the Minister to temporarily suspend or cancel the decision enforced by the Agency, held under the authority of the Ministry of Foreign Affairs Management when there is evidence that the decision is unlawful or obstruct the operation inspected.
9. track, test, urging the implementation of the conclusions, recommendations, decisions about handling domain inspection responsibilities of Heads of agencies, units of the administration of the Ministry of Foreign Affairs.
10. the head of The inspection mission, the powers under the provisions of this Decree and the other provisions of the law.
11. Perform other duties and powers prescribed by the law.
Article 9. Inspection 1. Inspection is the body of the Department of Foreign Affairs, shall assist the Director performs the tasks of administrative inspection powers and specialized inspection within the scope of the duties and powers of the Director.
2. Inspection have the Chief Inspector, Deputy Chief Inspector and inspectors. The appointment, dismissal, Chief Inspector, Deputy Chief Inspector and inspectors follow the rule of law.
3. The establishment of the inspection by the Director of the Foreign Affairs Department consistent with the opinion of the Chief Inspector of the Department of the Interior and Chairman of the provincial people's Committee decision. The base requirement, task management, Director of the Foreign Affairs Department specifies the tasks, powers, organisation, staffing of the inspection.
Article 10. The duties and powers of inspection 1. Inspection of the implementation of the policy, the law, the Agency's mission, organization, individuals in the administration of the Foreign Affairs Department.
2. Inspection of the observance of the laws and regulations in the professional scope of State management of Foreign Affairs Department for the agencies, organizations, individuals and organizations, Vietnam, foreign individuals in Vietnam under the provisions of the law.
3. Sanctioning administrative violations in accordance with the law on administrative processing.
4. Perform the task of resolving complaints, accusations under the provisions of the law on complaints and denunciation.
5. Perform the task in the prevention and fight against corruption under the provisions of the law on prevention of corruption.
6. Recommendations to the competent State authorities to suspend the enforcement or annulment of the regulations contrary to law are detected through inspection.
7. Instructions, check the unit in the Department for implementation of the provisions of the law on the Ombudsman, complaints, accusations.
8. Requests bodies, relevant units of election officials and civil servants join the Corps of inspectors.
9. General, reported the results of inspection; complaints, accusations; Prevention of corruption within State management of Foreign Affairs Department.
10. Implementation of other powers and duties prescribed by the law.
Article 11. The duties and powers of the Chief Justice inspection 1. Leadership, directs inspection within the scope of State management of Foreign Affairs Department under the provisions of the law.
2. building inspection plan, Program Director of the Department of decision and implementation of programs, plans to inspect it.
3. Sanctioning administrative violations in accordance with the law on handling administrative violations.
4. The Director decided the Inspector when detected signs of breaking the law.
5. Director review recommendations, dealing with people who have violations of the law on work relations in the administration of the Department; in collaboration with the head of the Agency, held in facilities in consideration of responsibility, treats people who have violations in the administration of the Agency, that organization.
6. Perform the task of resolving complaints, accusations under the provisions of the law on complaints and denunciation.
7. Inspection, checking the responsibility of Heads of units of the Department in the implementation of the law on the Ombudsman, complaints, accusations; Prevention of corruption. Where necessary, recommendations Director summoned the heads of the agencies, the relevant unit meeting to propose and unify measures to handle for the inspection, complaints, accusations of complexity.
8. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about the handling of the Inspector in the scope of responsibility of the unit heads in the administration of the Director.
9. Head of inspection duties, the powers under the provisions of this Decree and the other provisions of the law.
10. Perform other duties, other rights prescribed by law.
Article 12. Inspection activities in the local Foreign Affairs Department not available for the province, central cities have not had Foreign Affairs Department, heads the Foreign Affairs management is responsible for the use of officers under the Chief Inspector tasks and subject to the instructions on the work , specialized inspection services of the Inspector.
Chapter III INSPECTORS and INSPECTION article 13 COLLABORATORS. Inspectors 1. The foreign inspectors are public servants appointed on whether the Inspector to perform the inspection mission. The appointment, dismissal, resignation of foreign inspectors to follow the provisions of the law.
2. The foreign inspectors duties and powers prescribed by the law on the Ombudsman and other rights, duties under the provisions of the law.
3. Foreign inspectors must meet the standards for categories of official inspection in accordance with the Law and must meet the conditions, consistent with industry standards, the field by the Minister of Foreign Affairs regulations.
4. Foreign inspectors enjoy mode, policy and ensure the conditions necessary for inspection operations according to the provisions of the law.
Article 14. Collaborators inspection 1. The Inspector is the collaborator on inspection duty assignments at the request of the Chief Inspector of the grant or the heads of State bodies are competent to perform the duty Inspector.
2. Inspector collaborators must have good political qualities; have a sense of responsibility, honesty, objectivity, justice; professional qualified service consistent with the assigned inspection duties in the field of Foreign Affairs.
3. The contributor is entitled inspection mode, the policy prescribed by law, be facilitated in order to complete the task.
Chapter IV WORKS of FOREIGN INSPECTORS article 15. Content inspection 1. Inspection of the implementation of the policy, the law, the Agency's mission, organization, individuals in the administration of the Ministry of Foreign Affairs and the Foreign Affairs Department.
2. specialized inspections for agencies, organizations and individuals in the areas of: a) policy, the law, the Mission of the representative body of the Socialist Republic of Vietnam;
b) the activities of the representative office has legal personality of Vietnam abroad, of agencies, organizations, individuals and organizations, Vietnam, foreign individuals in Vietnam are related to foreign works in the scope of the governance of the Ministry of Foreign Affairs and the Department of Foreign Affairs;
c) signing and implementing international treaties;
d) the work of the border, the national territory;
DD) Vietnam community work abroad;
e) consular, immigration of Vietnam citizens and foreigners as assigned by the Government; legalized, certified consular, citizenship and the Registrar; protection of foreign citizens in accordance with the law;
g) diplomacy serving economic development;
h) other sectors related to foreign works within the governance of the Ministry of Foreign Affairs and Foreign Affairs Department under the provisions of the law.
Article 16. The form and method of inspection activities 1. The foreign inspection activities are conducted in the form of inspection according to the program, planned and unscheduled inspections.
Inspector under the program, the plan is the Minister of Foreign Affairs, the Director of Foreign Affairs Department for approval.

Unscheduled inspections are conducted when the organization or individual that signs violate the law; at the request of the complaints, accusations; at the request of preventing and fighting corruption or by heads of State administration authority.
2. The inspection is conducted according to the method Delegation inspected or independent inspectors.
Corps of inspectors and inspection activities in accordance with the law on the Ombudsman and other related laws.
Chapter V costumes, BADGES, INSIGNIA, SIGNS, TECHNICAL INFRASTRUCTURE and OPERATIONAL EXPENDITURE article 17. Costumes, badges, insignia, sign 1. The foreign inspectors have costumes, badges, insignia, signage in accordance with the law.
Prohibition of organizations and individuals use costumes, badges, insignia, similar signs, causing confusion with the foreign inspectors.
2. The Minister of Foreign Affairs regulations costumes, badges, insignia, signs of foreign inspectors after the reunification with the Inspector General.
Article 18. Technical infrastructure 1. The bodies of foreign inspectors deployed Headquarters work, vehicles, technical equipment in service inspection.
2. The Minister of Foreign Affairs specific provisions about the media, technical equipment under the provisions of the law for Foreign Inspection Agency.
Article 19. Funding of activities 1. Funding activities of foreign inspectors due to State budget grants and other funding sources as prescribed by law.
2. Allocation, management of funds made under the law on the State budget and the relevant legal texts.
Chapter VI RESPONSIBILITY of agencies, organizations, INDIVIDUALS ACTIVE in DIPLOMATIC INSPECTIONS article 20. The responsibility of the head of the State administration of foreign inspection activities 1. The Minister of Foreign Affairs is responsible for organization, Active Steering, perfecting The inspection organization; ensuring the conditions for funding, equipment, technical facilities and other necessary conditions for the activities of The inspectors; timely processing of the conclusions and recommendations of the Inspector in accordance with the law.
2. The Chairman of the provincial people's Committee, central cities are responsible for directing the Director of Foreign Affairs Department of the whole event organization, ensure the funding, staffing, physical facilities and other necessary conditions for the activities of the inspection; steer heads foreign affairs management in charge and use of officers under the Chief Inspector tasks locally yet has the Foreign Affairs Department.
3. the Director of the Foreign Affairs Department is responsible for organizing and directing work, perfecting the Organization of inspection; timely processing of the conclusions and recommendations of inspection under the provisions of the law.
Article 21. Rights, obligations and responsibilities of the Inspector object; the responsibility of agencies, organizations, individuals concerned 1. The Inspector object has a right, obligation and responsibility according to the provisions of the law and the other legal texts concerned. 
2. The Agency, organization, personal information, documents relating to the content inspector must provide adequate, timely as required by the Agency and is responsible for the accuracy, the integrity of the information, the materials were provided.
The provision, use and manage information, content material in State secrets made under the provisions of the law on the protection of State secrets.
Chapter VII REWARDS, HANDLE COMPLAINTS and VIOLATIONS, accusations the thing 22. Rewards organizations, individual achievement in foreign inspection activity is rewarded according to the provisions of the law.
Article 23. Handle violation of opposition, obstruction, bribed, retaliation, revenge people on duty the inspector or false accusations, violated the law on the Ombudsman; the advantage of the inspection powers for personal motives or the lack of responsibility that concluded the false Inspector, violated the rights, legitimate interests of organizations, individuals active in the field of Foreign Affairs, then depending on the nature and extent of the violation, will be disciplined, sanctioning administrative violations or prejudice criminal liability If the damage is compensated according to the provisions of the law.
Article 24. Complaints, accusations in the Inspector activities the resolution of complaints, accusations of foreign inspection activities are carried out according to the provisions of the law on complaints and denunciation.
Chapter VIII TERMS of ENFORCEMENT of article 25. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 26. Guidance and responsibility 1. The Minister of Foreign Affairs, in coordination with the Ministers, heads of ministerial agencies concerned guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.