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Decree 41/2005/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Ombudsman

Original Language Title: Nghị định 41/2005/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Thanh tra

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GOVERNMENT DECREE detailing and guiding the implementation of some articles of the law on GOVERNMENT inspectors pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on the Ombudsman of 15 June 2004;
According to the proposal of the Inspector General, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of some articles of the law on the inspection of the Organization, mandate, powers of Inspector, central cities; Inspector of the County, district, and city in the province; Ministerial, ministerial-level agencies, government agencies; Inspection; administrative inspection activities and specialized inspection; the responsibility of agencies, organizations, individuals in ensuring the activity Inspector.
Article 2. The State Inspection Agency 1. The inspection agency was established by administrative level: a Government Inspector);
b) Inspector, central cities (known collectively as Inspector);
c) inspection of the district, County, town, and city in the province (referred to as District Inspector);
2. The inspection bodies are established in the industry, agency field: a) Ministerial, ministerial-level agencies (referred to as Inspector);
The Agency's inspectors in the Government can function by industry, state management fields.
b) inspection.
3. the State inspection agency subject to the direction of the heads of State administration at the same level; at the same time subject to the direction, guidance on the work, the Organization of government inspection; Subject Guide to the work, the Agency's professional inspectors.
Article 3. Principle of operation the inspection 1. Inspection activities must comply with the law; ensure accurate, impartial, honest, open, democratic, timeliness; do not impede the normal operation of the Agency, organization, the individual is subject to inspection.
2. When conducting the inspection, the inspection decision, heads the Agency inspectors, Chief Inspectors, inspectors Union, Union members are subject to the inspection provisions of the law on the Ombudsman and to be responsible before the law about the behavior, its decision.
Article 4. The responsibility of Heads of State management of the Prime Minister, Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, the heads of specialized agencies in the provincial people's Committee, the central cities , Chairman of the people's Committee of the district, County, town, and city in the province within the scope of the task, their powers are responsible for the whole event organization, ensure the operational conditions for inspection bodies; regular inspection operations Director; timely processing of the conclusions and recommendations of the Inspector.
CHAPTER II Organization, DUTIES and powers of the STATE INSPECTION AGENCY section 1 Organization, tasks, POWERS of INSPECTION BODIES UNDER the ADMINISTRATIVE LEVEL article 5. Government inspectors inspect the Government's Ministerial authority, responsible to the Government implement state management on the inspection and performing the duties, powers the Ombudsman within the governance of the Government.
The functions, duties, powers, structure and organization of government inspection is stipulated in a decree.
Article 6. The organisation of the inspection 1. The Inspector is the professional body of the provincial people's Committee, is responsible for helping the provincial people's Committee of the State administration of inspection and perform the task, the inspectors powers to make policy, the law, the Mission of the agencies, organizations, individuals within the governance of the people's committees at the same level.
The inspectors have the Chief Inspector, Deputy Chief Inspector and inspectors.
Chairman of the provincial people's Committee appointed, dismissal, resignation of Deputy Chief Inspector of the proposal of the Chief Inspector. Deputy Chief Inspector of helping Chief Justice Inspector in charge of one or some sectors and responsible to the Chief Inspector of the implementation tasks.
Inspector has its own stamp.
2. Organizational structure of the Inspector are: a) The operations to perform the functions and duties of the Inspector.
b) Office.
3. Organizational structure, staffing of the inspection by the provincial people's Committee decision.
Article 7. Duties, powers of Inspector 1. Perform other duties and powers are stipulated in article 18 of the law on the Ombudsman.
2. Instructions, test, urging the construction and implementation of the program, the Inspector's inspection plan, inspection.
3. Recommendations to the competent State authorities to suspend the enforcement or annulment of the regulations contrary to law are detected through inspection.
4. track, test, urging the implementation of the conclusions, recommendations, decisions about the handling of Inspector Inspector.
5. Engage with the people's committees at district level, the Department and the relevant organizations, organs of the Organization, staffing, mode, policy for district inspectors, inspection.
6. Guidance on administrative inspection services for district inspectors, inspection.
The Organization of professional training for inspectors of district inspector, inspection.
7. To sum up, draw experience, professional building inspector within the governance of the Inspector.
8. public officials gather in the lower level of inspection bodies; Agency requirements, the relevant unit of election officials and civil servants join the Corps of inspectors.
Article 8. The duties and powers of the Chief Justice Inspector of

1. Perform other duties and powers are stipulated in article 19 of the law on the Ombudsman.
2. Leadership, directs inspection for the Inspector, district inspector, inspection in the scope of management of the people's committees at the same level.
3. Instructions, test, urging the President of the people's Committee at district level, the Director of the Department in the formulation and implementation of the program, planning inspector in the scope of management-level people's committees, Department of.
4. Recommendations to the Chairman of the provincial people's Committee handles the overlapping and duplication of program, planning, content inspection within the governance of the provincial people's Committee; advised the Chairman of the provincial people's Committee in collaboration with the Ministers to handle the overlapping and duplication of program, planning, content inspection, check on the province, central cities.
5. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about the handling of the Inspector in the scope of responsibility of the President of the people's committees at district level, the Director of the Department.
6. Instructions, urging the President of the people's committees at district level, the Director of the Department for implementation of the law on the Ombudsman.
7. Report of the Chairman of the provincial people's Committee, the Inspector General of inspection within the scope of its responsibilities.
8. Inspection, check out the responsibilities of President of the people's committees at district level, the Director of the Department in the implementation of the law on the Ombudsman.
9. Exchanges, unification with the people's Committee Chairman at district level, the Director of the Department in the appointment, dismissal, Chief Inspector of the district, Chief Inspector and Inspector titles.
Article 9. The Organization of the district inspection 1. District Inspector is the professional body of the district-level people's committees shall assist the district level people's committees to manage state on inspection, perform the task, the inspectors powers to make policy, the law, the Mission of the agencies, organizations, individuals within the governance of the people's committees at the same level.
The Inspector of the District Chief Inspector, Deputy Chief Inspector and inspectors.
Chairman of people's Committee of the district level appointment, dismissal, resignation of Deputy Chief Inspector of the district according to the recommendation of the Chief Inspector of the district. Deputy Chief Inspector of the district to help the Chief District Inspector in charge of one or some sectors and responsible to the Chief Inspector of the district about performing the task assigned.
Inspector of the district has its own stamp.
2. Staffing of the inspection by the district-level people's committees to decide.
Article 10. The duties and powers of the Inspector of the District 1. Perform other duties and powers as stipulated in article 21 of the law on the Ombudsman.
2. Recommendations to the competent State authorities to suspend the enforcement or annulment of the regulations contrary to law are detected through inspection.
3. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about the handling of the Inspector of the District Inspector.
Article 11. Duties, powers of Chief Inspector of District 1. Perform other duties and powers prescribed in article 22 of the law on the Ombudsman.
2. Leadership, directs the inspection of district inspector, instructions, check the inspection activities, the Agency's inspection unit, within the management of the people's committees at the same level.
3. test, urging the President of the people's commune-level Committee, the heads of specialized agencies in the district-level people's committees implement the conclusions, recommendations, decisions about handling domain management inspection of the people's Committee of social, professional body in the people's committees at district level.
4. Instructions, urging the President of the people's Committee of the social level, the heads of specialized agencies in the district-level people's committees implement legal provisions on the inspection.
5. Report of the Chairman of the people's committees at district level, the Chief Inspector on the inspection within the scope of its responsibilities.
6. Inspection, checking the responsibility of Chairman of the Committee, the township-level people's heads of specialized agencies in the district people's Committee in implementing the law on the Ombudsman.
Section 2 organisation, tasks, POWERS of INSPECTION BODIES ACCORDING to the industry, the FIELD of article 12. The inspection organization 1. The Inspector is of the Agency shall assist the Secretary of State about inspection, perform the duties and powers of the administrative inspection and inspection of specialization in the fields in the range of State management.
The inspectors have the Chief Inspector, Deputy Chief Inspector and inspectors.
Ministers appointed, dismissed, a Deputy Chief Inspector at the suggestion of the Chief Inspector. Deputy Chief Inspector of the Ministry was put in charge of one or some sectors and responsible to the Chief Inspector of the Ministry on the implementation of the tasks assigned.
The Inspector has its own stamp.
2. the structure and staffing of the inspection by the Minister for decision.
3. The base function, task and requires the management of State ministries; Ministers, heads of ministerial agencies consistent with the Inspector General of the Government regulations on the Organization and activities of the Ombudsman.
Article 13. Duties, powers of Inspector 1. Perform other duties and powers as stipulated in article 25 of the law on the Ombudsman.
2. Recommendations to the competent State authorities to suspend the enforcement or annulment of the regulations contrary to the law are detected through inspection.
3. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about the handling of the Ombudsman's inspection.

4. To sum up, draw experience, professional building inspector within the governance of the Inspector.
5. Gather the officers, servants of the Agency, the relevant units to join the delegation inspected.
Article 14. The duties and powers of the Chief Justice Inspector 1. Perform other duties and powers as stipulated in article 26 of the law on the Ombudsman.
2. 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 Chairman of the provincial people's Committee to resolve the duplication of program, planning, content inspection, check on the province, central cities.
3. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about handling domain inspection responsibilities of Heads of agencies, in the administration of the unit.
4. Instructions, urging the heads of agencies, units of the administration of The implementation of the legal provisions on the inspection; in coordination with the heads of agencies, units of The steer, guide organization, internal inspection activity in the Agency, that unit.
5. Report of the Minister, the Inspector General of inspection within the scope of its responsibilities.
6. Inspection, checking the responsibility of Heads of unit, administered by the Ministry in implementing the law on the Ombudsman.
Article 15. The Agency's inspectors in the Government agency under the Government Administration that functions according to the industry, the field of established inspection bodies, shall assist the head 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 Agency in the Government.
The Organization, duties and powers of the Agency the Agency's inspectors in the Government be as prescribed for the inspection.
Article 16. Organization of inspection 1. Inspection is the Agency of the Department, has the responsibility to help the Director performs the tasks of administrative inspection powers and specialized inspection within the scope of the duties and powers of the Director.
Inspection has the Chief Inspector, Deputy Chief Inspector and inspectors.
Director appointment, dismissal, resignation of Deputy Chief Inspector of the Department as proposed by the Chief Inspector of the Department. Deputy Chief Inspector of the Department helps Chief Inspector in charge of a facility or a number of areas and is responsible for the implementation of the tasks assigned.
Inspection seal.
Staffing of the inspection by the Director decision.
2. Inspection subject to the operative guidelines, administrative inspection services of the Inspector and Inspector professional specialization of inspection.
3. The establishment of the inspection by the Director of the Department consistent with the Chief Inspector of the Chairman of the provincial people's Committee decision.
Article 17. The duties and powers of inspection 1. Perform other duties and powers as stipulated in article 28 of the law on the Ombudsman.
2. Recommendations to the competent State authorities to suspend the enforcement or annulment of the regulations contrary to the laws of the State are discovered through inspection.
3. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about the handling of the Inspector of the inspection.
4. Instructions, check the unit in the Department for implementation of the provisions of the law on the Ombudsman; in coordination with the heads of the agencies and units of the Department of direction, guidance on the organisation, internal inspection activity in the Agency, that unit.
5. Requests bodies, relevant units of election officials and civil servants join the Corps of inspectors.
Article 18. The duties and powers of the Chief Justice inspection 1. Duties and powers under the provisions of article 29 of the law on the Ombudsman.
2. Leadership, direction, inspection instructions, check the inspection activities of the agencies and units within the management of the Director.
3. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about handling domain inspection responsibilities of Heads of unit, administered by the Department.
4. Guide and urge Heads of unit, administered by the Department for implementation of the law on the Ombudsman.
5. report to the Director, the Chief Inspector on the inspection within the scope of its responsibilities.
6. Inspection, checking the responsibility of Heads of unit, administered by the Department for implementation of the law on the Ombudsman.
CHAPTER III INSPECTION ACTIVITIES section 1 ADMINISTRATIVE INSPECTION ACTIVITIES article 19. Inspection plan, program 1. The Inspector General is responsible for program planning, building inspection process the Prime Minister for approval. The Chief Inspector of the ministries are responsible for program planning, building inspection process of the heads of State administration at the same level for approval.
The program, planning inspector is constructed based on the request, the task of the work of the State administration at the same level; requires the work to resolve complaints, accusations and guiding the Agency's inspectors.
2. In case of need to adjust programs, inspection plans, the Inspector General, Chief Inspector of the ministries have proposed text submitted by the Prime Minister, heads the State administration at the same level for approval.
Within 15 days of receiving a written proposal, the heads of State management agencies have the responsibility to consider, decide, inform the inspection authority and the relevant agency know.

Article 20. The decision the Ombudsman according to the program, plan 1. The base program, the plan was approved by the Inspector, the Inspector General, Chief Inspector of the departments decision to inspector and Inspector Corps established to conduct the inspection. Where necessary, the heads of State Management Agency decisions and established 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 21. Sudden inspection decisions 1. Unscheduled inspections are conducted when agencies, organizations, individuals with signs of breaking the law, as required by the resolution of the complaint, report or by the heads of State affairs management.
2. The Inspector General the Inspector sudden decisions within the scope of his authority; The Chief Inspector of the levels the industry heads of State management along the level decided the unscheduled inspections.
3. At the latest is 5 days from the date of the proposed conduct unscheduled inspections of the Chief Inspector of the ministries, heads of State have the same level of management responsibility to the consider, decide and notify the Chief Inspector of the ministries.
4. Pursuant to the decision of approval of the heads of State administration; The Chief Inspector of the departments decision to inspector and Inspector Corps established to conduct the inspection. Where necessary, the heads of State Management Agency decisions and established Corps of inspectors to conduct inspections.
5. in case of discovering the incident violated the law need inspectors, Chief Inspector of the departments decision to inspect, and report to the heads of State administration at the same level.
Article 22. The time limit time limit inspectors conduct an inspection for every level of inspection is made under the provisions of paragraph 1 to article 38 of the law on the inspection is counted from the date of publication of the decision to end inspections the inspection at the place to be inspected, except holidays, holidays.
Article 23. The delegation inspected 1. The inspection group was established by the decision of the heads of State agency heads or inspectors to conduct inspections under the content, duration, objects were recorded in the inspection decision.
The delegation inspected be Protagonist Inspector Inspector Crew members. Case of need can have the Deputy Ombudsman Group to help the Protagonist Inspector perform a number of tasks are assigned and responsible to the head of the inspection Group on the implementation of the tasks assigned.
2. the head of the delegation inspected be responsible before the law, prior to the decision, the Manager directly about the implementation of the inspection task assigned. Union Chief Inspector has the powers, duties under the provisions of article 39 of the law on the Ombudsman.
3. the members of the delegation inspected be responsible before the law, the previous head of the delegation and decide on the implementation of inspection the inspection task assigned. Members of the delegation had inspected the tasks and powers under the provisions of article 40 of the law on the Ombudsman.
Article 24. Preparation of inspection 1. Delegation Chief Inspector is responsible for building plans to conduct inspections the inspection decision for approval before the announced inspection decisions.
Inspection plan have to clearly define the purpose, requirements, content inspection; the method of conducting the inspection; the progress made.
2. the head of the inspection Division is responsible for common planning and assigning tasks for each Member inspection Delegation.
Article 25. Announced inspection decisions 1. The latest is 15 days from the date of the decision of the Chief Inspector, the inspector responsible Group announced the decision to the Agency with inspectors, the Organization, the individual is subject to inspection. Participants of the meeting announced the decision by Chief Inspector Inspector Crew decided.
2. When the Ombudsman decision announced, head of the inspection Group must specify the duties and powers of inspectors, the time limit for inspection, the rights and responsibilities of the Inspector object, scheduled work plans of the inspection Group with the object Inspector.
The announced inspection decisions to be made thereon.
Article 26. The responsibilities of the Inspector, Crew members Crew Chief Inspector, Inspector decision 1. When conducting the inspection, the Inspector Corps members are responsible for collecting the information, documents and evidence related to the content of the duty assigned. The collection of information, documents, evidence must be established thereon in that the source provided (if any), the signature of the person who collected, who provided.
The Inspector Corps members to report on the progress and results of assigned tasks with the Group Chief Inspector; the case uncovered the problems need to be handled immediately or in excess of jurisdiction, the Chief Inspector of the Delegation reporting review decision.

2. When conducting inspections, Chief Inspector of the Union must obey the direction of the decision, the Ombudsman reported to the inspection decision on the progress, results of assigned tasks and issues beyond jurisdiction. Where necessary, the delegation Chief Inspector recommended the revised inspection decision, additional inspection plan, inspection Group membership changes.
3. the decision of responsible Inspector Inspector Crew leader only made the right content, the time limit stated in the inspection decision; timely processing of the recommendations of the inspection Group; application of the measures under the authority to solve the problems posed by the Inspector; the decision to change the Protagonist Inspector and Inspector Corps members as needed.
Article 27. Ask the Inspector object provides the information, documents, reports, interpretation 1. When conducting inspections, inspectors, Chief Inspector of the Union or the decision the Ombudsman has the right to request the object Inspector provides information, documentation, report-writing, explanation about the issues related to the content of the Inspector.
2. The object Inspector is obliged to provide timely, complete, accurate information, the documents at the request of the inspectors, Chief Inspector of the Union or the decision and be responsible before the law for the accuracy, truthfulness of the information, the materials were provided.
Case information and documents that the Inspector object has provided insufficient then the inspectors, Chief Inspector of the Union or the decision to have inspectors the right to ask the Inspector object to additional reports.
3. Inspectors, Chief Inspector of the Union or the decision makers responsible for inspections preservation, exploitation, use of information and documents.
4. in case the Inspector object does not provide or deliberately delayed, provided incomplete, inaccurate information, the documentation related to the inspection, the content depending on the nature and extent of the violation the Inspector object that inspectors, Chief Inspector of the Union or the decision to inspect measures handled by authority or propose heads the State Agency has the authority to apply measures dealt with the object Inspector.
Article 28. Ask the Agency, organization or individual providing information, documents and content-related inspection 1. When conducting inspections, inspectors, Chief Inspector of the Union or the decision the Ombudsman has the right to request the Agency individual organization providing information, documents and content relevant to the inspection.
2. Agencies, organizations, individuals are asked to be responsible for providing timely, complete, accurate information, the documents at the request of the inspectors, Chief Inspector of the Union or the decision and be responsible before the law for the accuracy, truthfulness of the information, the materials were provided.
Case information and documents provided are incomplete, the inspectors, Chief Inspector of the Union or the decision the Ombudsman has the right to request the Agency individual organizations provide additional.
3. Inspectors, Chief Inspector of the Union or the decision makers responsible for inspections preservation, exploitation, use of information and documents.
4. in case of agencies, organizations, individuals do not provide or deliberately delayed, provided incomplete, inaccurate information, documents related to the content of the Inspector, the inspectors, the head of the inspection Group, decide the inspection measures handled by authority or petitions to state agency heads have the authority to apply the measures for processing Organization, that individual.
Article 29. Sealing material 1. When found need to ensure status quo document, Group Chief Inspector has the power to seal a portion or the entire document is relevant to the content of the Inspector.
The decision to seal the documents must be in writing stating the documents sealed, the sealing time, the obligation of the object Inspector. Where necessary, the establishment of a category of documents sealed, the minutes must be signed by the Inspector and the object representing the Inspector Corps.
2. sealing material exploitation must be agreed by the decision sealed.
3. When it deems not necessary measures to seal the decision sealed the decision to cancel the right measures.
Article 30. Asset inventory 1. When conducting inspections if detected between the books and vouchers with the fact there are variances, unreasonable or signs of behaviour misappropriation, appropriation of property, the Protagonist inspector or inspection decision decided to inventory assets.
2. the inventory of property decision is written, specify the content, timing, location, conduct, the responsibility of those who conduct, the obligation of the object Inspector. The asset inventory is established thereon to specify participants, time, location, name, number, status property. For the assets it deems needed given the custody authorities have written asking that agency to conduct the detention. For your own personal property, the inventory of property made in accordance with the law.
3. When it deems not necessary measures inventory property inventory decisions people have to make a decision to cancel immediately the measure.
Article 31. Referendum examiner

When it deems required the assessment of technical expertise as a basis for the conclusion, the head of the delegation inspected proposed decision the Ombudsman decides referendum examiner. On the assessment must be in writing stating the requirements, content, duration, body authorities.
The Agency, the organization conducting the assessment must be responsible before the law for the accuracy, objectivity of examination results.
Article 32. Temporary suspension of violation 1. During the inspection, if there are behaviors or will cause serious damage to the interests of the State, the legitimate rights and interests of the agencies, organizations, individuals then the Corps Chief Inspector, Inspector of the decision the decision to temporarily suspend the behaviour. Where necessary, recommendations authority decides to suspend the violation.
2. The decision to temporarily suspend must be in writing in which clearly the reason, content, time, suspension. When deems not necessary measures to temporarily suspend the decision was temporarily suspended the decision to cancel the right measures.
Article 33. The custody of money, objects, permission is granted or the use contrary to law 1. During the inspection, if the detection, objects, permission is granted, or to use against the law when it deems should stop immediately the violation of the law or to verify details how evidence for the conclusion, the Chief processor recommended inspection Delegation authority the decision of custody of money , objects, permission is granted.
2. When it deems it unnecessary to apply the measures of custody, the decision to temporarily keep the money, objects, permission is granted or the use contrary to law is the decision to cancel the right measures.
Article 34. Inspection results reports 1. Delegation Chief Inspector is responsible for building inspection results report. Reporting results the inspection specified in paragraph 1 Article 41 of the law on the Ombudsman.
2. the head of the inspection Division is responsible for obtaining the opinion of the Inspector, Crew members on the draft inspection report results. Least 15 days of the end of inspections, Chief Inspector of the Union must have a written report inspection results to send the decision to the Inspector; the case has different opinions between the Protagonist Inspector Inspector Crew members and then must specify. Union Chief Inspector is responsible for the accuracy, truthfulness, objectivity of content inspection results.
3. in case of the need to further clarify some of the content service for the building inspection results report, Chief Inspector of the Union have the right to ask the Inspector object, make it clear.
Article 35. Conclusion the Ombudsman, records inspection 1. After receiving the inspection results report, the Ombudsman decisions are responsible for reviewing the content and conclusions report Inspector.
In the process of concluding the inspection decision, the Inspector has the right to request the head of the delegation inspected, the Inspector Corps members report, ask the Inspector object explanation to clarify further the issues necessary for concluding the inspection.
Where necessary, the decision required inspection inspection conducted Đoàn thanh I added to further clarify some of the content. Additional inspection results must be reported in writing, as the basis for the concluding text Inspector.
2. Prior to the formal conclusions, if they deem it necessary inspection conclusions can submit draft conclusions for the object Inspector. The object Inspector has the right to explain about the issues not yet agreed with the content of the draft concluded inspectors. The explanation of the object Inspector to perform in writing and have the evidence to prove his explanation for the comments.
Based on the results of the inspection report, after reviewing the award process of the object Inspector, Inspector decision out of the text concluded inspectors. The text concludes the inspector must have the content as specified in paragraph 1 to article 43 of the law on the Ombudsman.
3. The conclusions of responsible Inspector published or sent to the conclusion for the object Inspector. Case of need can authorize Delegation Chief Inspector announced inspection conclusions. The announcement concludes the Inspector was established thereon.
4. conclusion the Ombudsman addressed to those prescribed in paragraph 3 to article 43 of the law on the Ombudsman.
5. Inspections should be established as the Chief Inspector Corps, records are responsible for establishing and transferring of records for inspection agencies have inspection decisions. The creation, management, use, inspection records made under the provisions of article 56 of the law on the Ombudsman.
Article 36. Recover the money, the property was seized, unauthorized use or losses due to unlawful behavior caused 1. When the base is the conclusion of money, robbed property, unauthorized use or loss due to the unlawful behaviour of the object Inspector cause the inspection decision revoking the decision. The recovery decision stating the amount, the assets are recovered, the Agency's responsibility to perform, duration, responsible of the object Inspector.
The decision the Ombudsman conducted the seizure of money or property in accordance with the law or to the functional currency, money management, property.

2. the Inspector object has the money, the assets seized are accepted the decision revoked. Case of non-observance or non-observance of adjustment, then depending on the nature and extent of violations that were disciplined, the administrative sanction or prejudice to criminal responsibility.
3. The revocation decision is responsible for implementation, monitoring, checking, urging the implementation of the recovery decision.
Item 2 ACTIVITIES of SPECIALIZED INSPECTION Article 37. Specialized inspection decisions under the program, the plan 1. The base program, the Inspector was planning Minister, Director of the Department for approval, the Chief Inspector, Chief Inspector of the Department of decision and formed the Corps of inspectors to conduct inspections or assigned specialized inspectors perform inspection tasks. Where necessary, the Minister, the Director of the Department of decision and formed the Corps of inspectors.
2. in case the Chief Justice Inspector of assigned tasks to specialized inspectors conducted independent then the assignment must be in writing, in which clearly the scope, mandate, the time limit for conducting the inspection.
Article 38. Specialized inspection decision irregularly 1. Sudden hows inspection be conducted when agencies, organizations, individuals with signs violate the law; as requested by the resolution of the complaint, report or by the heads of State affairs management.
2. The Chief Inspector, Chief Inspector of the Department of the Minister, the Director of the Department of the specialized inspection decisions.
At the latest after 3 days from the date of the recommendation, the Minister, the Director of the Department responsible for approval and notification to the Chief Inspector, Chief Inspector of the Department.
3. Pursuant to the decision of approval of the Minister, the Director, the Chief Inspector, Chief Inspector of the Department of decision and formed the Corps of inspectors to conduct the inspection. Where necessary, the Minister, the Director of the Department of decision and formed the Corps of inspectors.
Based on the results of the inspection report, the Minister, the Director may authorize the Chief Inspector, Chief Inspector of the Department has a corps of inspectors inspection conclusions.
4. in case of detected cases violating the law should prevent timely, Chief Inspector, Chief Inspector of the Department of inspection decisions, and to immediately report to the Minister, the Director of the Department.
5. in case of urgent need to prevent, 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 the measure.
Article 39. Specialized Inspection Division inspection Group of majors was established to conduct specialized inspections conducted pursuant to the provisions of article 23 of this Decree.
Article 40. The authority of the inspectors, the head of the delegation and decision of specialized inspection during inspection of specialized, specialized inspectors have the right to apply the measures authorized under the provisions of article 50 of the law on the Ombudsman and article 27, article 28 of this Decree.
Specialized inspection Crew Chief has the right to apply the measures taken under the authority as prescribed in article 49 of the law on the Ombudsman and article 27, 28, 29, 30 and 32 of this Decree.
Decision specialized inspectors have the right to apply the measures taken under the authority as prescribed in article 52 of the law on the Ombudsman and article 27, 28, 30, 31, 32, 33 and 35 of this Decree.
Article 41. Specialized inspection time limit the time limit for a specialized inspections are performed according to the provisions of article 48 of the law on the inspection is counted from the date of publication of the decision to end inspections the inspection at the place to be inspected, except holidays, holidays.
Article 42. Report the results of the inspection, the Inspector concluded the specialization construction of inspection results, the report concluded the specialized inspection is performed according to the provisions of article 51 of the law on the Ombudsman and article 34, article 35 of the Decree.
CHAPTER IV RESPONSIBILITIES of agencies, organizations, INDIVIDUALS ACTIVE in ENSURING the OMBUDSMAN Article 43. The responsibilities of the Ombudsman decision 1. The decision the Ombudsman when the Ombudsman conclusion text must follow the provisions of article 43 of the law on the Ombudsman; processing petitions stating the object, duration; the responsibilities of the Agency, the individual units concerned.
2. where to apply measures to recover the money, the property specified in clause 42 1 thing i point of law, the inspection agency decision processing inspection and enforcement organizations decided to handle it.
If the prescribed time limit that the Inspector object does not implement the decision the Ombudsman asked the State Treasury, State Bank where the Inspector object has a trading account to apply the measures according to the authority to recover under the provisions of the law. For the property then the required function bodies recovered and processed according to the provisions of the law.
3. Monitor, test, urging the implementation of the conclusions, recommendations, decisions about processing Inspector.
Article 44. The responsibility of Heads of State administration within 15 days from the day the Inspector concluded, the heads of State management bodies must consider, handle the conclusion and has responsibility for: 1. The decision under the authority to handle the administrative discipline, the economics for the Agency individuals, organizations, violations and the Organization made the decision to handle it.

2. Requests the heads of agencies, units of the Administration conducted the disciplinary measures, with economic agencies, organizations, individuals with violations and report the results of the request.
3. Apply the measures taken under the authority to correct, fix the loopholes, shortcomings in the management or petition the competent State authority to modify, Supplement, perfecting mechanism, policy, law.
4. Inform the inspection agency has concluded the inspection results for the processing, review concludes the Inspector.
Article 45. The Agency's responsibilities, the Organization, the individual is subject to inspection When receiving conclusions, decisions about handling the inspection, agency, organization or individual as the object Inspector is responsible for implementing the right content, time of the request, decide to handle on the inspection; report the implementation with the agencies have inspection conclusions and direct administration.
The case Agency, organization, the individual is the Inspector object does not enforce or not enforce strictly the requirement, the decision of the Inspector handling the decision-making Agency inspectors require a management agency heads directly to the object Inspector to apply the measures under the jurisdiction of the Inspector object binding implementation.
The case Agency, organization, individual inspection objects is deliberately not done or heads manage directly the object Inspector of irresponsible or intentionally cover up then depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice to criminal responsibility.
Article 46. The responsibility of agencies, organizations, individuals involved in the implementation of the conclusions and decisions about handling the inspection within 10 days from receipt of the request by the Agency inspector or state management agencies, within the scope of its powers, duties, authority, organization related individuals have the responsibility to adopt measures to implement their responsibilities are defined in the conclusions, decisions about handling the inspection and report the results to the requested authority.
Article 47. The responsibility of Heads of State management bodies in organizing, directing the activity Inspector 1. Leadership, directs operations inspector, responsible to the superior Agency of inspection within the scope of his management.
2. Conditions of the entire organization, the appointment of Inspector of titles; deployed officers have the capacity, quality of work inspection.
3. The base requires the management of the Ministry, local industry and the Agency's work programme inspection of superior, directing the construction and approval of the program, the Agency's inspection plan inspector under direct management.
4. Periodically hear inspection agency administered reports and periodic reports with the State Management Agency superiors about the inspection. Timely solving of difficult problems and obstacles on the inspection; handle the overlapping and duplication of inspection activities, check your management domain.
5. Consider, promptly concluded inspectors.
6. Regularly inspect, examine the responsibility for agencies, units and individuals in the Administration in implementing the law on the Ombudsman.
7. Complaints, accusations about the inspection under the provisions of the law.
8. Secure the funding, working conditions for the inspection agency.
Article 48. Set up, manage and use funds professional inspection 1. The State inspection agency used business funds to serve the operation inspected according to the provisions of the law.
2. The State Inspection Agency scheduled inspection services expenditure in the total annual operating cost of the approval authority.
3. Through inspection if recovery for State budget funds were embezzled, unlawful appropriation, the State Inspection Agency was quoting a portion of the money was recovered in addition to funding the Ombudsman profession.
4. The Minister of finance and the Inspector General instructed the creation, management and use of funding the Ombudsman profession.
Article 49. Complaint resolution in the inspection activities 1. Complaints of the Inspector object for the decision process, the behavior of Delegation Chief Inspector, inspectors, other members of the delegation inspected during the inspection when there are bases for that decision, behavior that is against the law, the decision of responsible Inspector review , resolve.
2. The complaint of the object Inspector for inspection conclusions, decisions about handling the inspection when there are bases for that conclusion, that decision is unlawful, the inspection agency heads, heads of State administration had concluded or responsible disposal decision review , solve;
3. The case management agency heads of State, heads of Agency inspectors were resolved but remaining litigants complain then resolving is done according to the provisions of the law on complaints and denunciation.
Article 50. Settle accusations in the Inspector activities

Denounced for violations of the laws of the Union Chief Inspector, inspectors, other members of the delegation by Inspector heads manage directly the person responsible for the settlement. To report violations of law decision, the inspection agency heads on the person directly responsible for solving. Authority, order, procedures for resolving accusations made under the provisions of the law on complaints and denunciation. Denunciation of the offence by the body conducting the proceedings considered, handled in accordance with the law.
Article 51. Handle violation 1. The decision of the Chief Inspector, Inspector, inspectors Union, other members of the Group inspected one of the following behaviors, then depending on the nature and extent of violations that were disciplined or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law : a) the advantage of the prerogatives, powers the Inspector to perform illegal acts, harassment, difficult, troublesome for Inspector objects;
b) Inspector in excess of jurisdiction, the scope, the content of the decision the Ombudsman;
c) knowingly untrue conclusions, decisions, unlawful processing, covering up for those in violation of the law;
d) disclose information, documentation on content inspection in the inspection process when no official conclusion.
2. Agencies, organizations, individuals are the object Inspector has one of the following behaviors, then depending on the nature and extent of violations that were disciplined, sanctioning administrative violations or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law : a) does not provide the information, documents or provide information, documentation, lack of honesty, appropriation, its documents, physical evidence related to the content of the Inspector;
b) oppose, impede, bribed, revenge, retaliation the duty Inspector, who provided information, documentation for inspection activities; difficult for inspection activities;
c) slander, slander against the person making the inspection mission.
3. the authorities, institutions and individuals concerned with one of the following behaviors, then depending on the nature and extent of violations that were disciplined, sanctioning administrative violations or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law : a) does not offer or provide information, documentation, lack of honesty, appropriation, its documents, physical evidence related to the content of the Inspector;
b) oppose, impede, bribed, revenge the duty Inspector, who provided information, documentation for inspection activities; difficult for inspection activities;
c) unlawful interference into the activity Inspector.
Chapter V ENFORCEMENT PROVISIONS Article 52. Internal inspection organizations in State bodies, business units, State enterprises in government agencies, specialized agencies in the provincial people's Committee was not given the task of governance, business units, State enterprises established an internal inspection organization or layout from the internal inspection to help agency heads Unit, the head of State enterprises perform inspection, check.
Based on the provisions of the Laws and decrees, agency heads, the unit, the head of the State-owned enterprises are responsible for organizing and directing the inspection activities in the agency business, the unit yourself.
Article 53. Effective enforcement of this Decree has effect after 15 days from the date The report and replacing Decree No. 244/dated 30 June 1990 of the Council of Ministers of the Organization of the State inspection system and measures for ensuring the operations inspector.
The previous provisions contrary to this Decree are repealed.
Article 54. Responsible for enforcing the Inspector General guiding the implementation of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central, heads of agencies, units and individuals concerned is responsible for the implementation of this Decree.