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Decree 74/2006/nd-Cp: On The Organization And Operation Of The Judicial Inspection

Original Language Title: Nghị định 74/2006/NĐ-CP: Về tổ chức và hoạt động của Thanh tra Tư pháp

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The DECREE on the Organization and operation of the judicial inspection _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 handling administrative violations on July 2, 2002.
Considering the recommendation of the Minister of Justice DECREE, chapter I GENERAL PROVISIONS article 1. The location, the function of the judicial inspection is held in the judicial sector Inspector; at Central has inspected the Department of Justice (hereinafter referred to as Inspector); in the central cities, inspected the Department of Justice (hereinafter referred to as inspection); perform the function of administrative Inspector and Inspector of judicial specialisation within the governance of the judiciary as specified by law.
Article 2. The object of the judicial inspection 1. Agencies, individual units administered directly by the State administration of Justice.
2. Agencies, organizations and individuals in Vietnam the observance of law in the scope of the governance of the Ministry of Justice.
3. Agencies, organizations and individuals in Vietnam are operating in the fields within the governance of the Ministry of Justice. In the case of international treaties to which the Socialist Republic of Vietnam is a member otherwise with this Decree the international treaties shall apply.
Article 3. The principle of operation of the judicial inspection 1. Judicial inspection activities must comply with the law; ensure accurate, impartial, honest, open, democratic, timeliness; not impede the operation of the Agency, organization, the individual is subject to inspection and of the agencies, organizations, individuals are related.
2. When conducting the inspection, the inspection decision, heads the Agency Inspector, Chief Inspector, Inspector oàn §, § oàn members inspected must be responsible before the law about the behavior and decisions.
Article 4. The responsibility of the Minister of Justice, Chairman of the people's Committee of the central cities, and the Director of the Department of Justice in the functioning of the judicial inspection 1. The Minister is responsible for organizing and directing the operation of The inspection; the whole event organization of The inspection, appoint the title head of inspection according to competence, selection, layout of qualified staff and quality inspection work; guaranteed funding, vehicles, facilities and equipment, technical equipment, costumes and other conditions of service inspection activities; handle overlapping issues in the activity Inspector, checking the contents in the range of State management of the Ministry of Justice; consider, promptly concluded, The Inspector's recommendations in accordance with the law.
2. The Chairman of the provincial people's Committee, central cities have the responsibility to organize the whole event, organization, physical equipment, technical equipment, costumes for inspection.
3. The Director of the Department of Justice is responsible for organizing and directing the operation of inspection and ensure operational conditions; handle overlapping issues in the activity Inspector, checking the contents in the range of State management of the Justice Department; timely processing of the conclusions and recommendations of inspection under the provisions of the law.
Chapter II Organization, tasks, POWERS the JUDICIAL INSPECTION article 5. The Organization of the judicial inspection 1. Judicial inspection was held in Central is inspected and locally is inspection.
2. The judicial inspection seal and private accounts.
Article 6. Inspector 1. The Inspector is the Agency of the Ministry of Justice, subject to the direction, the direct leadership of the Secretary, shall assist the Secretary of State management of the judicial inspection, perform the duties and powers of the administrative inspection and inspection in the field of specialisation within the governance of the Ministry of Justice.
The inspectors have the Chief Inspector, Deputy Chief Inspector and inspectors. The appointment, dismissal of Chief Justice Inspector, Deputy Chief Inspector and inspectors follow the rule of law.
2. The Inspector has the expertise to perform the functions and duties of the Inspector.
3. The Secretary of specific provisions on the Organization, staffing of The inspection.
Article 7. Duties, powers of Inspector 1. The administrative Inspector for agencies, organizations, individuals in the administration of Justice in the implementation of policies, legislation, tasks.
2. specialized inspections for agencies, organizations, individuals in the observance of legal specialization within the governance of the Ministry of Justice under the rule of law, including: examining legal texts; popular, legal education; civil enforcement; notary, certified; Registrar; adoption of foreign element; nationality; criminal record; lawyer; legal advice; judicial inspection; property auction; commercial arbitration; legal assistance; register the secured transactions; cooperation with foreign law and judicial work.
3. Sanctioning administrative violations in accordance with the law on handling administrative violations.
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. Chaired or participated in building the legal text concerning the Organization and operation of the judicial inspection; join the construction of the other legal texts by the Minister.
8. Guide professional training specialist inspectors for inspection; instructions, check, in the implementation of the provisions of the law on the Ombudsman, complaints, accusations.
9. To sum up experiences, build on the judicial 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, against corruption within the governance of the Ministry of Justice.
12. Implementation of other powers and duties prescribed by the law and the tasks assigned by the Minister.
Article 8. The duties and powers of the Chief Justice Inspector 1. Leadership, directs inspection for inspectors.
2. building the program, planning and implementation after it has been approved by the Minister.
3. The Ministers decided the sudden inspection when it detects signs of breaking the law.
4. the Ombudsman decisions according to the authority.
5. When necessary, decision to inspectors to conduct inspections independently for some simple cases, small scale on the basis of clearly defined object, scope, tasks, the time limit for conducting the inspection.
6. Assist the Secretary of State about inspection, complaints, accusations in the judiciary.
7. Inspection, checking the responsibility of Heads of agencies, units of the Ministry in implementing the law on the Ombudsman, complaints, accusations;  in case of need, suggest Minister summoned the heads of agencies, units of The meeting to propose measures to steer, handle for the service the Ombudsman, complaints, accusations of complexity.
8. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about handling domain inspection responsibilities of Heads of agencies, units of the administration of the Minister.
9. Review, concluded the report content which heads the Ministry of Justice has settled but has violated the law; in the conclusion the resolution denouncing violations of the law, the recommendations of the review has resolved, resolved.
10. Performs other duties and powers as stipulated in article 26 of the law on the Ombudsman.
Article 9. Inspection

1. Inspection is the Agency of the Justice Department, under the direction of direct leadership, Director of Department, help Director duties, administrative inspection powers and specialist inspection of justice within the scope of the duties and powers of the Director of the Department of Justice.
Inspection have the Chief Inspector, Deputy Chief Inspector and inspectors.
The appointment, dismissal of Chief Justice Inspector, Deputy Chief Inspector and inspectors follow the rule of law.
2. The establishment of the inspection by the Director of the Department of the President of the provincial people's Committee decided after comments with the Chief Inspector.
Staffing of the inspection by the Director decision.
Article 10.  The duties and powers of inspection 1. The administrative Inspector for agencies, organizations, individuals administered directly by the Department of Justice and the enforcement of civil court districts (according to the authority of the Minister of Justice) in the implementation of policies, legislation, tasks.
2. specialized inspections for agencies, organizations, individuals in the observance of legal specialization within the governance of the Justice Department under the provisions of the law are: check the legal text; popular, legal education; civil enforcement districts (under the authorization of the Minister of Justice); notary, certified; Registrar; nationality; criminal record; adoption of foreign element; lawyer; legal advice; judicial inspection; property auction; commercial arbitration; legal aid and judicial work.
3. Sanctioning administrative violations in accordance with the law on handling administrative violations.
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 Justice Department implemented 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, against corruption within State management of the Justice Department.
10. Implementation of other powers and duties prescribed by the law and the tasks assigned by the Director.
Article 11. The duties and powers of the Chief Justice inspection 1. Leadership, directs inspection for inspection.
2. building the program, planning and implementation after it has been approved by the Department Director.
3. the Ombudsman decisions according to the authority.
4. The Director decided the Inspector when detected signs of breaking the law.
5. When necessary, decision to inspectors to conduct inspections independently for some simple cases, small scale on the basis of clearly defined object, scope, tasks, the time limit for conducting the inspection.
6. Help Director of Department of State management inspection, complaint resolution, to report within the management of the Justice Department.
7. Inspection, checking the responsibility of Heads of units of the Department of Justice in the implementation of the law on the Ombudsman, complaints, accusations;  in case of need, the proposed Director summoned the heads of units of the Department meeting to propose measures to steer, handle for the service the Ombudsman, 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. Perform other duties, other powers under the provisions of article 29 of law Inspector.
Chapter III JUDICIAL INSPECTORS and INSPECTION COLLABORATORS of JUSTICE article 12. Standards of judicial inspectors 1. The judicial inspectors (hereinafter referred to as inspectors) are public servants appointed on whether the Inspector to perform the inspection mission.
2. Inspectors must be Bachelor of laws or other specialized college graduates and have knowledge of the law in the areas under the jurisdiction of State management of the Ministry of Justice and meet general standards of inspection staff according to the provisions of article 31 of the law on the Ombudsman.
3. Inspectors enjoy mode, policy and ensure the conditions necessary for inspection operations according to the provisions of the law.
Article 13. The duties, powers and responsibilities of inspectors 1. When inspectors conducted inspections are done right, duties and powers are stipulated in the law and other legal documents related to the activity Inspector.
2. Sanctions or recommendations authority sanctioning administrative violations in accordance with the law on handling administrative violations.
3. Inspectors responsible before the law and the decision of the Ombudsman of the decision and its handling measures.
4. Inspectors have violations of the law, then depending on the nature and extent of that being disciplined or suffer prejudice criminal liability; If the damage compensation or reimbursement under the provisions of the law.
Article 14. Collaborators of the judicial inspection 1. Inspector collaborators of Justice (hereinafter referred to as partners) who are heads of Justice or the Chief Justice Inspector of judicial agencies gather to join the delegation inspected.
2. The contributor must have political qualities, good morals, a sense of responsibility, honesty, impartially, justly, has qualified professional, consistent with the duty Inspector.
3. Partners enjoy mode, the policy prescribed by law, be facilitated in order to complete the task.
Chapter IV JUDICIAL INSPECTION ACTIVITIES section 1: activities of ADMINISTRATIVE INSPECTORS article 15. Build the program, planning inspector 1. The Chief Inspector, Chief Inspector of the Department (hereafter referred to as Chief Inspector) based on the requirements, the Mission of the Ministry of Justice, the Justice Department, asked to resolve complaints, accusations and instructions of superior inspection agencies to build the program, next year's inspection plan the Minister , Director of Department for approval before 31 December of the previous year.
2. In case of need to adjust programs, planning inspector, Chief Inspector of the year have suggested text to send the Secretary, the Director of the Department for approval.
Within 15 days from the date of the proposed text, the Minister, the Director of the Department responsible for reviewing, decision, notify the Chief Inspector and the relevant agency know.
Article 16. The decision the Ombudsman according to the program, plan 1. The base program, the plan was approved by the Inspector, Chief Inspector of the inspection decision and formed the Corps of inspectors to conduct inspections. Where necessary, the Minister, the Director of the Department of decision and formed the Corps of inspectors to conduct inspections.
2. Before inspection decision, decision Inspector collecting information, the necessary documentation related to the contents, the Ombudsman should object; determine the nature and purpose of the request, inspectors, expected time to conduct inspections; Chief Inspector-Group selection, layout and Crew members prepare the other conditions of service inspections.
Article 17. Sudden inspection decisions 1. Unscheduled inspections are conducted when the object prescribed in clause 1 seethe 7 and clause 1 article 10 of this decree could violate the law, as required by the resolution of the complaint, report or by the Secretary, the Director of the Department.
2. The Minister, the Director of the Department of decision sudden inspection within the scope of his authority; The Chief Inspector of the Minister, the Director decided the unscheduled inspections.

The latest is 5 days from the date of the proposed conduct unscheduled inspections of the Chief Inspector of the same level, the Minister, the Director of the Department have the responsibility to consider, decide and notify the Chief Inspector.
3. Pursuant to the decision of approval of the Minister, the Director of the Department, Chief Inspector of the inspection decision and formed the Corps of inspectors to conduct inspections. Where necessary, the Minister, the Director of the Department of decision and formed the Corps of inspectors to conduct inspections.
4. in case of the detection of violation of the law need to adopt right measures to handle, Chief Inspector of the inspection decision, and immediately report to the Minister, the Director of the Department.
Article 18. The duties, powers and responsibilities of the decision of the Chief Inspector, the Inspector Corps inspectors and the other members of the delegation inspected 1. The decision the Ombudsman performs the duties, powers and responsibilities as stipulated in articles 42, 43 of the Ombudsman Act, paragraph 3 Article 26, articles 27, 28, 30, 31, 32, 35 and 36 of Decree 41/2005/ND-CP dated 25 March 2005 the Government detailing and guiding the implementation of some articles of the law on the Ombudsman (hereinafter referred to as the Decree                           No. 41/2005/ND-CP) and other legal texts concerned.
2. the head of the inspection Group performing the duties, powers and responsibilities under the provisions of article 39 of the law on the Ombudsman, articles 26, 27, 28, 29, 30, 31, 32, 33 and 34 of Decree 41/2005/ND-CP, the provisions of the relevant laws. Delegation Chief Inspector responsible decision and before the law of all the acts, his decision.
3. the members of the delegation inspected be inspectors perform the tasks, powers and responsibilities as specified in paragraph 1 to article 40 of the law on the Ombudsman, paragraph 1 Article 26, articles 27 and 28 of Decree 41/2005/ND-CP. 4.  Other members of the Corps Inspector performing the duties, powers and responsibilities as defined at points a, c, d and DD clause 1 Article 40 of the law on the Ombudsman and clause 1 Article 26 of Decree No. 41/2005/ND-CP. Category 2: PROFESSIONAL INSPECTION ACTIVITIES article 19. The decision the Ombudsman according to the program, plan 1. The base program, the Inspector was planning Minister, Director of the Department for approval, the Chief Inspector of the inspection decision and formed the Corps of inspectors or inspectors assigned the task inspector to conduct the inspection. Where necessary, the Minister, the Director of the Department of decision and formed the Corps of inspectors to conduct inspections.
2. in case the Chief Justice Inspector assigned task for the inspectors to conduct independent inspections, the assignment must be in writing which specify the scope, mandate, the time limit for conducting the inspection.
Article 20. Sudden inspection decisions 1. Unscheduled inspections are conducted when the object prescribed in clause 2 article 7, item 2 article 10 of this decree could violate the law, as required by the resolution of the complaint, report or by the Secretary, the Director of the Department.
2. The Chief Inspector of the Ministry of the Minister, the Chief Inspector of the Department the Director decided the unscheduled inspections.
The latest is 3 days from the date of the proposed conduct unscheduled inspections of the Chief Inspector, the Minister, the Director of the Department is responsible for reviewing the decision and notify the Chief Inspector.
3. Pursuant to the decision of approval of the Minister, the Director of the Department, Chief Inspector of the inspection decision and formed the Corps of inspectors to conduct inspections.
Where necessary, the Minister, the Director of the Department of decision and formed the Corps of inspectors to conduct inspections. Based on the results of the inspection report, the Minister, the Director may authorize the Chief Inspector, Chief Inspector of the Department sent Inspector Corps Inspector conclusions.
4. in case of the detection of violation of the law need to adopt right measures to handle, Chief Inspector of the inspection decision, and immediately report to the Minister, the Director of the Department. 
Article 21. The authority of inspectors in case of emergency need to prevent emergencies, handle right violations, inspectors applied the measures taken by the authority to handle violations of the law, and to report immediately to the Chief Inspector and responsible before the law about his handling of measures Article 22. The duties, powers and responsibilities of the decision of the Chief Inspector, Inspector, Inspector oàn § Member inspection Delegation 1. The decision the Ombudsman has the duty, responsibility and powers specified in article 52 of the law on the Ombudsman, Article 26, paragraph 3 of article 27, 28, 30, 31, 32, 35 and 36 of Decree No. 41/2005/ND-CP, the provisions of the relevant laws and are responsible before the law for all acts his decision.
2. The Chief Inspector with the Mission Delegation, authority, responsible for the provisions of article 49 of the law on the Ombudsman, item 2 Article 26, articles 27, 28, 29, 30, 31, 32, 33, 34 and 35 of Decree No. 41/2005/ND-CP, the provisions of the relevant law and responsible decision and before the law of all his decision.
3. When the task Inspector, Inspector Inspector Crew Member had specialized duties, powers and responsibilities specified in article 50 of the law on the Ombudsman, Article 26, paragraph 1 article 27 and article 28 of Decree No. 41/2005/ND-CP, the provisions of the relevant law and responsible decision and before the law of all vi, his decision.
Section 3: rights, DUTIES of the INSPECTOR OBJECT; THE RESPONSIBILITY OF AGENCIES, ORGANIZATIONS, INDIVIDUALS CONCERNED; COMPLAINTS, accusations ABOUT the OMBUDSMAN Article 23. 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 as prescribed in clause 1 article 8, articles 53, 54 of the law on the Ombudsman, articles 25, 27, 28, 29, 30, 31, 32, 33, 35, 36, 45, 46 and item 2 Article 51 of Decree 41/2005/ND-CP dated. 2. Agencies, organizations, individuals with 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.
Article 24. Complaints, accusations in the Inspector activities the resolution of complaints, accusations in the inspection activities are carried out according to the provisions of articles 49 and 50 of the Decree No. 41/2005/ND-CP and the other legal texts concerned.
Chapter V the JUDICIAL INSPECTOR'S RELATIONSHIP with the AGENCY RELATING to article 25. The relations of the judicial inspection with the State inspection authorities and bodies, the relevant unit 1. Subject to ministerial direction, guidance on the work, the Organization of the Government Inspector.
2. Inspection subject to the direction, guidance on the work of the Ombudsman Service, the administration of the inspection and the specialized inspection services of the Inspector.
3. in the scope, duties, powers, judicial inspection is responsible for coordination with agencies, organizations involved in the prevention, detection, shape, fix and processed under the authority of the violations of the law relevant to the field in the scope of the governance of the Ministry of Justice , The Department of Justice.
Article 26. The Ombudsman's relations with the judicial organs investigation, Procuracy, the courts

1. Within the scope of its powers, duties, judicial inspection is responsible for coordination with the investigating authorities, the people's Procuratorate and people's Court during the fight, fight crime, detection, handling the legal violations, complaints, accusations in the area under the jurisdiction of State management of the Ministry of Justice , The Department of Justice under the rule of law.
2. In the course of the inspection, if detect signs of crime, a judicial inspector to transfer records to the competent authorities under the provisions of the law. Investigating authorities are responsible under the provisions of the law of criminal procedure and notified in writing to the Inspector of the judiciary about the results of processing the case that judicial inspection authority has moved to profile.
Chapter VI REWARDS and TREATS breach of article 27. Reward the Organization, had personal achievements in the judicial inspection activities are rewarded according to the provisions of the law on competition, reward.
Article 28. Handle violation of the processing violates the law in judicial inspection activities are carried out according to the provisions of article 51 of Decree 41/2005/ND-CP and the other legal texts concerned.
Chapter VII ENFORCEMENT PROVISIONS Article 29. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 30. Responsibility 1. The Minister of Justice is responsible for guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.