Advanced Search

The Decree 138/2005/nd-Cp: On The Organization And Activities Of The Ombudsman In Culture-Information

Original Language Title: Nghị định 138/2005/NĐ-CP: Về tổ chức và hoạt động của Thanh tra văn hóa - thông tin

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The DECREE on the Organization and activities of the Ombudsman in culture-based GOVERNMENT information law on organization of the Government on December 25, 2001;
Pursuant to the law on the Ombudsman of 15 June 2004;
Basing the Ordinance on administrative violations processing 2 July 2002;
Considering the recommendation of the Minister of culture and information, the DECREE: chapter I GENERAL PROVISIONS article 1. The location, the function of the Ombudsman the Ombudsman information-culture culture-information is held in a Central Department in the Ministry of culture and information in local culture and information; perform the function of administrative inspection and inspection of specialization within the cultural governance-information according to the provisions of the law.
Article 2. The object of the inspection of the culture – information 1. The Organization, the individual direct management authority of the State administration of culture-information.
2. organizations, individuals and organizations, Vietnam foreign individuals participate in activities in the field of culture and information in Vietnam. The case of the international treaties to which Vietnam is a member have other regulations with the provisions of this Decree shall apply to the provisions of international treaties.
Article 3. The principle activities of the Inspector of culture – information 1. The cultural inspection activity – information must abide by the law, ensures accurate, honest, objective, publicly, and timeliness; not impede the operation of the Organization, the individual is subject to inspection.
2. When conducting the inspection, the inspection decision, heads the delegation Chief Inspector, Inspector, inspectors and inspection group members must comply with the provisions of the law on the Ombudsman, this Decree and to be responsible before the law for all his decisions and behavior.
Article 4. The relationship of culture and information, inspection 1. Inspection of the Ministry of culture and information, subject to the direction of the Minister of culture and information, and subject to the direction, guidance on the work of the Organization, and of the Government Inspector.
2. Inspector of Department of culture and information, subject to the direction of the Director of the Department of culture and information; Subject Guide to the work, administrative inspection services of the Inspector of the central cities, and about the work of the Ombudsman profession, specialization of inspection.
3. Within the scope of its powers, duties, inspect the culture-information are responsible for coordination with other relevant bodies in the implementation of the right to inspect and to prevent, detect, treat the violations of the law.
Article 5. The responsibility of Heads of State management bodies in the activities of the Inspector of culture – information 1. The Minister of culture and information, is responsible for organizing, directing the activities of the Ombudsman in culture-information within the governance of the Ministry; perfecting the Organization of inspection; equipped facilities, technical equipment, costumes and other conditions of service inspection activities; timely processing of the conclusions and recommendations of the Inspector in accordance with the law.
2. The Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) is responsible for directing the Organization, the whole event organization, equipped the facilities, technical equipment, costumes for inspection.
3. The Director of the Department of culture and information, is responsible for implementation and ensure operational conditions for inspection; timely processing of the conclusions and recommendations of inspection under the provisions of the law.
Article 6. Responsibility of other related bodies in the activities of the Ombudsman in culture-information heads of police agencies, specialized inspection agency and agencies other related organizations within the scope of its powers is responsible for coordination with the Ombudsman in culture-information for preventing , detection and handling of violations of the law of cultural activities-information chapter II ORGANIZATION SYSTEM of INSPECTION of CULTURE – information article 7. Organization system of inspection of culture – information 1. Organization system of inspection of culture-information includes: a) Ombudsman Ministry of culture and information;
b) Inspector of the Department of culture and information.
2. The Ombudsman institutions of culture and information has the seal and your own account.
Article 8. Inspection of the Ministry of culture and information 1. Inspection of the Ministry of culture and information is the Ministry of culture and information, help the Minister of culture and information about state management inspection, perform the duties and powers of the administrative inspection and inspection of specialization within the governance of the Ministry of culture and information.
Inspection of the Ministry of culture and information of the rooms directly by the Minister of culture and information decided to establish.
2. Inspection of the Ministry of culture and information of the Chief Inspector, Deputy Chief Inspector and inspectors.
Chief Inspector by the Minister of culture and information, appointment, resignation, resignation after reunification with the Inspector General; the Deputy Chief Inspector, inspectors are appointed, dismissed under the provisions of the law.
3. Minister of ornate-specified information about the Organization, staffing, tasks, powers of inspection of the Ministry of culture-information.
Article 9. Inspector of the Department of culture and information 1. Inspector of the Department of culture and information is the Department of culture and information, made the tasks of administrative inspection powers and specialized inspection within the governance of culture – information of the provincial people's Committee.
2. Inspection have the Chief Justice Inspector, Deputy Chief Inspector and inspectors. The Chief Inspector of the Department by Director appointment, dismissal, resignation after reunification with the Chief Inspector; the Deputy Chief Inspector, inspectors are appointed, dismissed under the provisions of the law.
3. The base request, task management culture-information of the local people's Committee, the central cities of specific provisions on the Organization, staffing and operation of specialized Ombudsman in culture-information according to the instructions of the Ministry of culture and information and the Ministry of the Interior.
Chapter III duties and QUVỀN of CULTURE and information, INSPECTION section 1 mission, POWERS of INSPECTION of the MINISTRY of CULTURE-information article 10. The duties and powers of inspection of the Ministry of culture and information, Or 1. Chairing or participating in building the legal text the issuing authority; recommendations authority to modify, supplement or issued legal documents consistent with the requirements of the State management of culture-information.
2. Inspection of the implementation of policy, legislation and mandates for organizations, individuals administered directly by the Minister of culture and information.
3. Perform tasks, specialized inspection powers of culture and information as specified in article 17 of this Decree.
4. Sanctioning administrative violations in accordance with the law on handling administrative violations.
5. Recommendations authority to suspend unlawful acts of the Organization, individuals with enough determining violations causing damages to the interests of the State, the legitimate rights and interests of citizens.
6. Assist the Minister of culture and information, further organisation, citizen complaints, accusations as prescribed by law.
7. Perform the task in the prevention and fight against corruption in accordance with law.
8. Guide professional training on specialized inspectors for inspection; Guide, check the units in The implementation of the provisions of the law on inspection.
9. periodic reports, inspection results report, check with the Minister of culture and information and the Inspector General.
10. Performs other duties by the Minister of culture and information.
Article 11. Duties, powers of Chief Inspector of the Ministry of culture and information 1. Leadership, directs inspection within the governance of the Ministry of culture and information.
2. Build program, the inspectors plan to the Minister of culture and information, approval and implementation of programs, plans.

3. The Ministers decided that when inspectors discovered signs of breaking the law.
4. The Minister of the decision or the decision by the authority establishing the Corps of inspectors, inspectors of election, gather freelance inspectors perform inspections under the provisions of the law.
5. Recommendations to Minister to temporarily suspend the enforcement of the decision of the Organization, individuals administered directly by the Ministry of culture and information when there is evidence that the decision is unlawful or affect the activity Inspector.
6. Sanctioning administrative violations in accordance with the law on handling administrative violations.
7. Recommendations the Minister considers responsible, who had handled in violation of the Minister; coordinate with the heads, held in consideration responsibility, treats people who have violations in the administration of the Agency, that organization.
8. the recommendations of Ministers addressed the problem of inspection; the case of recommendations that are not accepted, then the Inspector General report.
9. Inspection leader Ministry of culture-information duties, other rights prescribed by law.
Section 2 tasks, POWERS of INSPECTOR of DEPARTMENT of CULTURE and information, article 12. The duties and powers of Inspection Department of culture – information 1. Inspection of the implementation of the policy, the law, the Agency's mission, the unit administered by the Director of the Department of culture and information.
2. Perform the duties, specialized inspection powers of culture and information as specified in article 17 of this Decree.
3. Sanctioning administrative violations in accordance with the law on handling administrative violations.
4. The Ombudsman Service, the other by the Director of the Department of culture and information Affairs.
5. Perform the task of resolving complaints, accusations under the provisions of the law on complaints and denunciation.
6. Perform the task in the prevention and fight against corruption in accordance with the law on anti-corruption.
7. Instructions, check the units administered by the Director of the Department of culture and information, made the provisions of the law on inspection; professional guidelines for inspectors.
8. General, reported the results of inspection, complaints, accusations, against corruption within State management of the Department of culture and information, with the regulatory agency.
9. Perform other duties and powers prescribed by the law.
Article 13. The duties and powers of the Chief Inspector of the Department of culture and information 1. Leadership, directs inspection within the management of the Department of culture and information.
2. building inspection plan, Program Director of the Department of culture and information, decision and implementation program, that plan.
3. The Director of the Department of culture and information decision when inspectors discovered signs of breaking the law.
4. The Director of the Department of culture and information decision or decision by the authority establishing the Corps of inspectors, inspectors of election, gather freelance inspectors perform inspections under the provisions of the law.
5. Recommendations to the Director of the Department of culture and information to temporarily suspend the enforcement of the decision of the unit in the administration of the Department of culture and information, when there is evidence that the decision is unlawful or affect the inspection activities; recommendations to the Director of the Department of culture and information in considering the responsibility, treats people who have violations in the administration of the Department of culture and information.
6. Sanctioning administrative violations in accordance with the law on handling administrative violations.
7. the recommendations of the Director of the Department of culture and information to resolve the problem of the inspection; the case of recommendations that are not accepted, then report the Chief Inspector, Chief Inspector of the report at the same time the Ministry of culture-information.
8. Leaders of the inspection mission, other rights prescribed by law.
Section 3-CULTURAL INSPECTORS, contributor INFORMATION OMBUDSMAN article 14 INFORMATION-CULTURE. Inspectors of culture – information 1. Cultural inspectors-information is the person assigned to do inspection at the inspection organization culture-information, appointment, dismissal and level of card standards inspectors inspectors by competent State bodies.
2. cultural inspectors – information must meet the eligibility standard, by the Minister of culture and information regulations after reunification with the Inspector General and the Minister of the Interior.
3. When performing inspection, inspectors in culture-information contains the obligation, the following powers: a) perform the obligation prescribed in paragraph 3 article 19 of this Decree and other obligations under the provisions of the law on the Ombudsman;
b) perform the powers specified in article 40 and article 50 of the law on the Ombudsman and the other rights prescribed by law.
Article 15. Contributors culture inspectors – information 1. Contributors culture inspectors-information is the Ombudsman who is culture-information gather to perform inspection duties.
2. On the set, standard mode, the responsibility of the contributors culture inspectors-information according to the provisions of the law.
Chapter IV INSPECTION of CULTURAL ACTIVITIES-information article 16. The content of administrative inspection 1. Ombudsman for the Organization, individuals administered directly by the heads of State administration at the same level in the legal policy, executive tasks.
2. Perform the task of resolving complaints, accusations as prescribed by the law on complaints and denunciation.
Article 17. Content inspector for cultural specialisation-inspection information for agencies, organizations and individuals in the implementation of legislation, policy, administration of State for cultural activities-information: 1. The implementation of the provisions of the law on cultural heritage; performing arts; cinema; fine art; photography; exhibitions; the press; published; Copyright and related rights; Library; advertising; mass culture, the old information. .
2. The provisions of the law on business, installation, the use of currency in foreign television signals from satellites (TVRO).
3. The provisions of the law on the management of information on the Internet, Internet information service providers, setting up site on the Internet, public Internet services.
4. The implementation of the provisions of the law of cultural activities-business information and cultural services-public information.
5. National programs, investment projects in the fields of culture and information.
6. the activities of the society and non-governmental organizations in the field of culture and information; the Organization's activities, foreign individuals in the field of culture and information in Vietnam.
7. The implementation of the provisions of the law on export activities, cultural product import.
8. The work of the foreign information activity in culture-information.
9. The implementation of the provisions of the legislation in the field of culture and information.
Article 18. Forms of inspection 1. Inspection activities are conducted in the form of inspection according to the program, planned and unscheduled inspections.
2. Inspection planning program is conducted under the program, the plan has been approved.
3. unscheduled inspections are conducted when the organization or individual that signs violate the law, as required by the resolution of the complaint, report or by the heads of State administration authority.
Article 19. Inspection operation method 1. The inspection is performed according to the method Delegation inspected or independent inspectors.
2. inspection and inspectors Union activity under the provisions of the law on the Ombudsman.
3. When conducting the inspection must have the decision of the heads of the inspection agency culture-information or State administration.
4. the head of the delegation inspected, inspectors must be responsible before the law and the decisions of the Ombudsman decision and its handling measures.

5. When the handle breaks, Group Chief Inspector, inspectors must fulfill the order prescribed by the law.
Article 20. Rights, duties of the Inspector object 1. The authority of the Inspector object: a) explanation about issues relevant to the content of the Inspector;
b) refuse to provide the information, documents in State secrets when the law has specified and the information, documents and content not relevant to the inspection;
c) to complain to the Ombudsman about the decision the decision, Chief Inspector of the Group's behavior, the inspectors and the other members of the delegation inspected during the inspection when there are bases for that decision, behaviour that is contrary to law; complain to the Ombudsman agency heads, heads of State administration authority on inspection conclusions, decisions about handling the inspection when there are bases for that conclusion, that decision is unlawful. While pending, the complainant must make that decision;
d) claim for damages under the provisions of the law;
DD) individual is the object Inspector has the right to denounce violations of the law of agency heads, Chief Inspector Corps of inspectors, inspectors and the other members of the Corps of inspectors.
2. Obligations of the Inspector object: a) Executive decided the Inspector;
b) provide timely, complete, accurate information, the documents at the request of the Inspector, the Inspector Corps, and inspectors must be responsible before the law for the accuracy, truthfulness of the information and documents provided;
c) observance of the requests, the Inspector concluded, decisions disposing of the inspection agency heads, head of the Corps of inspectors, inspectors and heads of competent State agencies.
Chapter V TECHNICAL INFRASTRUCTURE and Operations FUNDING 21. Technical infrastructure 1. The Ombudsman institutions in culture-information furnished to: headquarters; the media; technical equipment; costumes, badges, insignia, signage.
Prohibiting organizations, individuals use costumes, badges, insignia, similar signs, causing confusion with the Inspector of culture-information.
2. Minister of culture-specific regulations about information: a) vehicles, technical equipment of inspection culture-information;
b) costumes, badges, insignia, signs of cultural-inspectors information after its unification with the Inspector General.
Article 22. Funding of activities 1. The funding activities of the Ombudsman in culture-information by State budget grants and other funding sources as prescribed by law.
2. The management and use of cultural and information inspection under the provisions of the law.
Chapter VI REWARDS and handle breach of article 23. Rewards organizations, individual achievement in cultural inspection activity – information to be rewarded according to the provisions of the law.
Article 24. Handle violation 1. Who would hinder, take bribes, revenge the duty Inspector, false accusations, violated the law on the Ombudsman; who would favor hitting position, inspection powers or because personal motives or the lack of responsibility that the handle is not the correct conclusion, infringement, infringement of rights and legal interests of the Organization, individuals then depending on the nature and extent of the violation will be disciplined, sanctioning administrative violations cases, cause damage to indemnification or arrested save for criminal liability in accordance with the law.
2. In the course of inspection activities, depending on the nature and extent of the violation for which the Minister of culture and information, the Chairman of the provincial people's Committee decided to temporarily suspend or discontinue operation for inspectors of culture and information.
Chapter VII ENFORCEMENT PROVISIONS article 25. Effect 1. The Decree has effect after 15 days from the date The report.
2. Annul the decision No. 345/TTg dated May 27, 1996 by the Prime Minister on the State Inspector organization culture-information.
Article 26. Responsibility 1. The Minister of culture and information have a responsibility to coordinate with the ministries, relevant agencies guide 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.