| THE GOVERNMENT INSPECTORATE ------- No. 02/2012/TT-TTCP | SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness --------------- Hanoi, July 13, 2012 |
CIRCULAR
STIPULATING IN DETAIL AND GUIDING THE COMPETENCE AND CONTENTS OF INSPECTION OF THE RESPONSIBILITY TO IMPLEMENT LEGAL PROVISIONS ON CORRUPTION PREVENTION AND FIGHTING
Pursuant to Inspection Law No. 56/2010/ QH12;
Pursuant to Anti-Corruption Law No. 55/ 2005/QH12;
Pursuant to the Government's Decree No. 120/2006/ND-CP dated October 20, 2006, stipulating in detail and guiding a number of articles of the Anti-Corruption Law;
Pursuant to the Government's Decree No. 86/2011/ND-CP dated September 22, 2011, detailing and guiding a number of articles of the Inspection Law;
Pursuant to the Government's Decree No. 36/2012/ND-CP dated April 18, 2012, defining the functions, tasks, powers and organizational structure of Ministries and ministerial-level agencies;
The Government Inspectorate stipulates in detail and guides the competence and contents of inspection of the responsibility to implement the anti-corruption law as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular stipulates in detail and guides the competence and contents of inspection of the responsibility to implement the anti-corruption law of agencies, organizations and units and heads of agencies, organizations and units under the management of state administrative agencies at all levels.
2. The order and procedures for inspection of the responsibility to implement the anti-corruption law comply with Section 1, Chapter III of the Government's Decree No. 86/2011/ ND-CP dated September 22, 2011, detailing and guiding the implementation of a number of articles of the Inspection Law and other regulations on inspection.
Article 2. Subjects of application
This Circular applies to the following subjects:
1. Heads of state administrative agencies, Heads of state inspectorates, heads and members of inspection teams of state administrative agencies when inspecting the responsibility to implement the anti-corruption law of agencies, organizations, units and individuals and heads of agencies, organizations and units;
2. Agencies, organizations, units and individuals related to the responsibility to implement the anti-corruption law.
Article 3. Responsibilities of heads of state administrative agencies
The heads of state administrative agencies shall, within the scope of their respective tasks and powers, organize, direct, guide, examine and urge the inspection of the responsibility to implement the anti-corruption law; solve difficulties and problems, promptly process the proposals of inspection teams; and conclude and organize the realization of inspection conclusions in accordance with law.
Chapter II
RESPONSIBILITY INSPECTION COMPETENCE
Article 4. Principles of determination of responsibility inspection competence
State inspectorates have competence to inspect the responsibility to implement the anti-corruption law of agencies, organizations, units and individuals and heads of specialized agencies, organizations or units falling under the management of state administration agencies of the same level, and subordinate state administration agencies and their heads.
Article 5. Competence of the Government Inspectorate
1. The Government Inspectorate may inspect the responsibility to implement the anti-corruption law of ministries, ministerial-level agencies and government-attached agencies (referred to as ministerial- level agencies), the People's Committees of provinces or centrally run cities (referred to as provincial-level People's Committees); and state enterprises set up under the Prime Minister's decisions.
2. In the course of inspecting the responsibility to implement the anti-corruption law of ministerial-level agencies, provincial-level People's Committees and state enterprises set up under the Prime Minister's decisions, the Government Inspectorate's inspection teams may examine and verify the implementation of the anti-corruption law by related agencies, organizations, units and individuals as follows:
a/ Ministerial offices and general departments, departments and units of ministries, and state enterprises established under decisions of ministers, heads of ministerial-level agencies or heads of government-attached agencies (referred to as ministers), and other agencies, organizations, units and individuals under the management of ministerial-level agencies;
b/ Offices and specialized agencies of provincial-level People's Committees (referred to as provincial-level departments), People's Committees of urban districts, rural districts, towns and provincial cities (referred to as district-level People's Committees), state enterprises established under decisions of provincial-level People's Committee chairmen and other agencies, organizations, units and individuals under the management of provincial-level People's Committees;
c/ Offices and professional bureaus and boards of state enterprises established under the Prime Minister's decisions and their attached organizations, units and individuals.
