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Circular 1-Tt-Ttr: Guide The Implementation Of The Right To Inspection Provisions In The Ordinance And Decree No. 244-Dated 30 June 1990 Of The Council Of Ministers

Original Language Title: Thông tư 1-TT-TTr: Hướng dẫn thực hiện quyền thanh tra quy định tại Pháp lệnh Thanh tra và Nghị định số 244-HĐBT ngày 30 tháng 6 năm 1990 của Hội đồng Bộ trưởng

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CIRCULAR of the STATE INSPECTION guidelines inspection rights prescribed in the Ordinance and Decree No. 244/dated 30 June 1990 of the Council of Ministers pursuant to the Ombudsman Ordinance on 1-4-1990 and 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 inspected State inspection guidelines, make the right Inspector as follows: 1. Required to provide the necessary information: 1.1. Necessary information includes text, data, reports, documents and other information forms in order to meet the requirements of the situation and evidence-gathering service for inspection activities.
1.2. The Heads of the inspection bodies in the system of State inspectors, Chief Inspectors, inspection group was right to ask State agencies, social organizations, economic units, the armed units and individuals (hereinafter referred to as the organizations and individuals) related to inspection activities provided the necessary information. The above individuals and organizations have a responsibility to provide complete, timely and responsible for the content of the information provided.
1.3. Recipient of the information is responsible for the preservation, exploitation, using the right information purpose, not arbitrarily give any agency, individual units without the consent of the inspection decision.
2. to request the object Inspector reports, provide documentation and answers to questions: 2.1. When conducting inspections, Chief Inspector or inspectors Union was asking heads of agencies, units and individuals is subject to inspection reports, providing documents, answer questions in writing the content, time limit due to the protagonist inspector or inspectors ask.
2.2. The object Inspector is responsible to report, provide the full, timely documentation that protagonist inspector or inspectors require and take responsibility for the content of reports and documents have been provided. In the case of slowly filed the report or is slow to provide documents must have reasonable grounds and must be approved by the Chief Inspector or inspectors Union. If deliberately delayed or not report, provided the documents requested, the Ombudsman dealt with according to the provisions of article 39 the Ombudsman Ordinance.
2.3. delegation Chief Inspectors or inspectors to be questioned or asked the Inspector object of additional reports; the object Inspector is responsible for the full, timely response. The answer to questions or additional report must be in writing, if the words are recorded and signed confirmation of the object Inspector.
2.4. the delegation Chief Inspectors or inspectors are responsible for the preservation, exploitation, use and report the correct documentation purposes, not be provided to any agency or individual units would without the consent of the inspection decision.
2.5. When the document has finished or tapping the end of inspections, Chief Inspector or inspectors Union is responsible for reimbursing the Inspector object for the document that they have to offer, just capturing the documents it deems it should be kept in the record to conclude the inspection. The receipt, pay, seizing documents must set the minutes of the two sides of the same sign, each party holds one copy.
3. Ask people to join the delegation inspected: 3.1. The base requirements of inspection, inspection agency heads in the State inspection system is required, the unit owners sent officers to join the Corps of inspectors; the Agency requested units have the responsibility to respond. The request and sent officers to join the Corps of inspectors must be made in writing.
3.2. In time to conduct inspections, officials of the Agency, the unit was sent to join the Corps inspectors must submit to the assignment of heads or inspectors decision Group Chief Inspector, is obliged to implement the rules of the Union.
4. the referendum examiner: 4.1. When details found not eligible to conclude as questionable on fake papers, the quality of works, goods, materials, equipment, etc. the Union Chief Inspector or inspectors on request inspection authorities under current rules. On the assessment must be conducted in writing, stating the requirement, the content needs assessment.
4.2. the party requesting inspection must provide to the agency assessment of documents relevant to the needs assessment. If it deems the results assessment not yet warrant request, the Agency had required inspections or other forensic examiners back part or all of the needs assessment.
5. Inventory assets: 5.1. When conducting inspections, if you see signs between the books and vouchers with the fact there are variances or signs violate the law, then the protagonist inspector or inspectors decided to inventory assets of the Agency, the unit is the Inspector object like stock, funds, materials, goods, etc.
5.2. Inventory asset decisions must, in writing, the object Inspector is responsible for organizing the right inventory current rules, have the Inspector Corps representatives directly supervise. Inventory costs due to the object Inspector.
If it deems necessary, the delegation Chief Inspector or inspectors may conduct the sealed Vault before inventory.
Depending on the particular case, the Chief Inspector or inspectors Union choice to decide on the location, type of property and inventory methods accordingly.

For those properties do not qualify the quality evaluation requires authorities dispatched professional officials responsible for determining quality.
The inventory must set the minutes stating the time, place, component inventory, the name, quantity and quality of the assets, the storekeepers or Treasurer and Union representative inspector or inspectors monitor inventory, the object Inspector and inspector or inspectors Group each party holds one copy.
The property found it necessary to request the detention authorities shall comply with the provisions of point 7 of this circular.
6. Seal documents: 6.1. When conducting inspections, found the need to ensure the status quo document, Group Chief Inspector or inspectors are sealing a part or the whole of the Inspector object material relevant to the content Inspector (including the document body, the unit is the Inspector objects are used or put into storage).
6.2. The decision to seal the documents must be in writing, stating the type of documents sealed. The object Inspector is responsible for implementation. What kind of books need to lock the window before sealing the object Inspector to perform the inspection Delegation of the representation or supervisory inspectors; Depending on the specific case that Union Chief Inspector or inspectors decided to return the Inspector object for further use or if it is sealed, the object Inspector to take measures to ensure the normal operation of the unit.
When the sealing of a document many if not able to list statistics are then set the minutes sealed before, but right after that to set the minutes of the next list of documents being sealed. In the case of documents sealed at least then formed a seal at the same time with the list of documents sealed. The minutes of the sealing or a list of documents being sealed must have the signature verification of the object Inspector and Inspector Corps representative or surveyor, each party holds one copy.
The document was stored, sealed with the seal (lead pairs, mounted hydraulic etc.), assigned to the object Inspector is responsible for safety.
6.3. the delegation Chief Inspectors or inspectors must urgently dig sealed documents, quickly returned to the Inspector object has finished mining documents or documents do not need to retain to exploit.
Only those who have the responsibility of Chief Inspector assigned by the Division or new inspectors used the document sealed. The Inspector object should use sealed materials must be protagonist inspector or Inspectors agree and only use onsite, there is the supervision of the inspection Group representative or surveyor, not repair, change, move the document sealed. The documents seized to put on the record the conclusion to establish inspection minutes of seizure that document. The seized documents that the Inspector object to use for the management of the Inspector object is valid certified copy filed with the Division Chief Inspector or inspectors. The minutes of seizure or the document must be signed by the Inspector and the object representing the inspector or inspectors Union, each party holds one copy.
7. property levy: the implementation of the right to levy the property specified in article 9 paragraph 4 the Ombudsman Ordinance will have the following instructions: 1. request the competent authority to temporarily hold money, things, license: 8.1. When conducting inspections, if detected has the funds, that the source is not yet clear or signs violate the law but yet to be concluded and the decision of the authorized processing and the license granted or unauthorized use, the protagonist inspector or inspectors are requesting the competent agency custody.
The competent authorities of the following custody money, things, license: + State Treasury (where the area to conduct inspections) to temporarily hold money Vietnam.
+ Foreign bank or foreign exchange room (where the area to conduct inspections) custody Exchange.
+ Gold silver trading company belonging to State Bank hold gold, silver, diamonds, gemstones.
+ For the license to make custody evidence, then the inspection Delegation of custody.
+ The other property types such as food, fertilizer, cement, iron, steel, etc. If the right of custody then proceed up the minutes delivered to the custody Inspector object.
+ The custody rights agency says on the responsibility to ensure the safety of the number and quality of custody assets.
8.2. The decision to hold the money, things, the license must be in writing, stating the reasons for detention, the amount, the name and the number of objects, the type of license the custody and custody agency name. Decide the custody of assets is sent to the function requested custody and heads the Ombudsman decisions.
8.3. The minutes of detention must specify the amount, the name, quantity, quality, objects, hold licenses, signed by the unit, or of the object has the property of being on hold, the inspector or inspectors and the authorities responsible for detention.

8.4. The Heads of the inspection bodies in the system of State inspectors, chief inspectors or inspectors Union is responsible for handling decisions according to authority or agency reports issued on the Authority decided to handle the money, things, the license has the custody. If supplies hold assets susceptible to damage or need to use for your purposes, then the Agency must hold property owners the option to please the competent authority a decision promptly, when processed, the inspector must clarify the responsibilities of the Agency's financial hold property owners.
9. Suspension deems are or will cause harm to the interests of the State, the legitimate rights and interests of authorities, organizations and citizens.
During the inspection, the Inspector object if there are jobs are or will cause harm to the interests of the State, the legitimate rights and interests of citizens and the collective, the Group Chief Inspector or inspectors request object itself suspended; If the object is not approved then reported the timely inspection decision the decision to suspend the work. In case of emergency, the Minister or the Inspector Corps inspectors are temporarily suspended and reported immediately to the inspection decision considering the decision in slow time for no more than 7 days from the receipt of the report.
The decision on suspension or suspension from being sent to the Inspector object, the superior governing body of subjects to perform and monitor implementation; at the same time reported to the Inspector of the upper level directly.
10. Temporarily suspended enforcement of the decision to discipline or transfer for people who are collaborating with the inspector or Inspector object is if it deems the enforcement decision to interfere with the inspections.
10.1. in the process of conducting the inspection if the disciplinary decision or transfer (including the decision to quit by mode) for people who are collaborating with the inspector or Inspector object that is hindering the inspectors, the Chief Inspector or inspectors Union asked the Agency issued the decision to temporarily suspend the self executed. If the request is not approved, the decision the Ombudsman decisions. In case of need immediate resolution, the Union Chief Inspector or inspectors to apply measures to temporarily suspend the enforcement of the decision and shall report immediately to the inspection decision decisions during a slow period for not more than 7 days from the date of the report.
The decision to temporarily suspend the Inspector object is sent to the Manager, supervisor of the object Inspector to perform.
10.2. When the Ombudsman has ended or deems the suspension is no longer needed, the decision to temporarily suspend the decision to terminate the suspension.
The case of grounds for concluding the disciplinary decisions, transfer or termination decisions under the regime is aimed at retaliation who collaborate with the inspectors or hindering the inspections, the inspection agency heads in the State inspection system Chief Inspector Corps, or inspectors decide to temporarily suspend the implementation of the text requires the superior Agency of direct decision-making bodies that consider Repair or cancel the wrong decision there.
11. Warning, suspension from work of State employees is subject to the inspection acts intentionally obstructing the inspectors or do not implement the requirements, recommendations, decisions of the Ombudsman institutions.
11.1. in the process of conducting the inspection, the inspection agency heads in the State inspection system has decision inspections be done right to warn or temporarily suspend the work with respect to State employees as the Inspector objects when one of the following behaviors: + deliberately delayed or non-observance of the requirements recommendations, the Inspector's decision.
+ Campaigning entice others to obstruct the inspection work, the threat, retaliation, revenge people exposed to collaborate with the inspectors.
+ Concealing, altering, fixing material, books and vouchers and other negative behavior.
11.2. the delegation Chief Inspector or inspectors when the Inspector object detection has the above behavior, the request is terminated, if the infringement continues to apply the right to warn and report to the agency decision to the Inspector.
11.3. Temporary suspension of the work only proceeded when the Inspector object has been Chief Inspector or inspectors Union warned that continued re-offending or serious violations.
+ Chief Inspector or inspectors Union was right to decide to temporarily suspend the work of officials and employees under the direct management of the head unit is the object Inspector; the Agency was the responsible Inspector object executed and sent to temporarily replace, Chief Inspector of the Union at the same time or inspectors to report immediately to decide inspection.

+ For the heads, Deputy Heads, Chief Accountant of the unit the object Inspector or officer in the administration of the superior, if it deems the need to temporarily suspend the work of the Chief Inspector or inspectors Union requires that officers administration of self decision to temporarily suspend the work and send temporary replacement; (if your request is not approved, the delegation Chief Inspector or inspectors report to the inspection agency issued a decision on suspension).
The Chief Inspector of the district decision to temporarily suspend the work with respect to officers by the PROVINCIAL PEOPLE'S communes, wards, under district management. For the President, Vice President, heads, Deputy Heads, ban under the district, the district PEOPLE'S COMMITTEE Chairman suggested the decision to temporarily suspend the work.
Chief Inspector of Department of the decision to temporarily suspend the work with respect to officials in the Department of management units (such as the room, ban, etc..). For heads, Deputy Heads of subdivisions, Departments, the Director suggested the decision to temporarily suspend the work.
The Chief Inspector of the decision to temporarily suspend the work with respect to officers by the departments, districts in the management. For the Director, Deputy Director, President, Vice Chairman of the district, the Chairman suggested the decision to temporarily suspend the work.
The Chief Inspector of the Ministry decision to temporarily suspend for officers by the subdivisions (the Department, Service, etc.). For heads, Deputy Heads of subdivisions of the Ministry, the Minister suggested the decision to temporarily suspend the work.
The Inspector General of State decision to temporarily suspend the work with respect to officers by the Ministry, the Government affiliated agencies and PPC, and cities under central management. For the Minister, Deputy Minister, President, Vice President, central cities and equivalent positions, the proposed Chairman of the Council of Ministers decision to temporarily suspend the work.
11.4. The decision to temporarily suspend the task in paragraph 11.3 the Inspector object to Executive, heads the governing body suspended the work of officials responsible for the temporary arrangement replaced. When it deems the suspension from work is no longer needed, the decision-making authority to temporarily suspend the decision to terminate the suspension.
11.5. The decision to caution in the inspection are considered violation of administrative discipline and the details are considered in the processing of the end of the inspection.
12. Conclusions, recommendations and decided to treat as prescribed by law.
12.1. Based on the evidence through inspections, Chief Inspector or inspectors Union draft conclusion the Ombudsman reported to the Inspector object and explanation (if any). After considering the opinion of the Inspector object explanation, delegation Chief Inspectors or inspectors out writing the conclusion, announced with the object Inspector; When it announced the conclusion must have a clear record of direct comments, explanations or complaints of the Inspector object (if any).
12.2. The Heads of the inspection bodies in the State inspection system was a decision the Ombudsman conducted the handling of administrative violations and financial economic object Inspector by: + for the wrong job of economic management mode as unauthorized funds, tax evasion , the account must file the budget but not filed or filed incomplete, the amount embezzled, illegal appropriation, etc.. the decision to revoke the compensation, and forced the object Inspector to set out measures to rectify the management. The event object must handle in addition to the management of the unit are the object Inspector must also enforce the decision dealt with by the Ombudsman.
+ For those cases the object Inspector to enforce the administrative disciplinary forms as reprimand, caution, resignation, dismissal, then the recommendations of competent decision-making process.
+ For those violations have the sign constitutes criminal then moved to profile criminal investigation agency. In the process of transferring the records still have to conduct economic and disposal disciplined administration.
12.3. the Inspector object and the individual units concerned have the responsibility to make recommendations, the decision of the Chief Inspector of the Union's disposal, or inspectors of the inspection decision, even when there are complaints but have not been granted the jurisdiction to resolve.
The authorities receiving recommendations or decide to handle responsibly resolve according to the authorities and report back the results to the agency decision that inspections within 15 days.
The inspector or inspectors Union is responsible for the review and answer in writing the explanation, complaining of the object Inspector. If the Inspector object still complain, then heads out to decide the Inspectors consider solve and answer within 30 days.
12.4. in the scope of responsibility of his governance, inspection agencies to track, test, monitor the implementation of the conclusions, recommendations and decisions of the Ombudsman handles; welfare organizations control the repair and make recommendations, decide to handle for the object Inspector.
12.5. The signs of criminal violations, then customize the level of evidence collected that the decision-making bodies the Ombudsman transferred the records to the police, people's Procuratorate the prosecution review.

The inspections have had the coordination from the beginning between the inspection, public security, the people's Procuratorate shall detect the Chief Inspector or crew to where inspectors conduct the transfer of records to the authorities there, not have to wait for the end of the new inspectors.
Original records by the Agency performed inspections, records are transferred to the police, the Prosecutor is a copy signed confirmation stamped copies of the inspection bodies.
The transfer of records to have the minutes, signed by the party and the receiving party, each party holds one copy.
Under the provisions of the law, the Agency requested the inspection agencies of public security, people's Procuratorate announced the results of handling the incident by themselves turn to. Suspension of investigation or case free of prejudice criminal liability then asked the Agency on the said reasons.
Ask the heads of ministries, State committees, agencies subordinated to the Council of Ministers, Chairman of the province, central cities, the Chief Inspector of the industry organization, direction and implementation of this circular, if in the process of implementation of what concerns the timely reflection for State inspectors to supplement , modified.