MINISTRY OF JUSTICE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No.1747/QD-BTP
Hanoi, 09th July 2009
DECISION
Stipulating Functions, Responsibilities, Powers and Organizational
Structure of the Inspectorate of the Ministry of Justice
MINISTER OF JUSTICE
Pursuant to Decree No. 93/2008/ND-CP dated 22 August 2008 of the
Government on the functions, tasks, powers and organizational structure of the
Ministry of Justice;
Pursuant to Decree No. 74/2006/ND-CP dated 01 August 2006 of the
Government on organization and operation of Justice Inspectorates;
At the proposal of the Director General of the Department of Personnel
and Organization and the Chief Inspector, hereby,
DECIDES:
Article 1. Functions
The Inspectorate of the Ministry of Justice is an organization of the
Ministry of Justice, which performs the functions of assisting the Minister in
exercising the State management over the works of inspection, reception of
citizens, handling of complaints and denunciation, prevention and combat
against corruption within the management competence of the Ministry of
Justice; undertake administrative inspection and specialized inspection in
domains under the State management of the Ministry of Justice as prescribed
by law.
The Inspectorate shall have its own seal and own bank account at the State
Treasury as stipulated by law.
Article 2. Tasks and Powers
The Inspectorate of the Ministry of Justice (hereinafter referred to as the
Inspectorate) shall exercise the following tasks and powers:
1. To elaborate and submit to the Minister long-term, five-year and annual
work plans of the Inspectorate; participate in elaborating strategies, masterplans and long-term, five-year and annual development plans of the justice
sector;
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2. To assume the prime responsibility in elaborating and submit to the
Minister for promulgation or for submitting to competent agencies for issuance
of schemes, projects, plans and bills, draft legal documents regarding
inspection, reception of citizens, handling of complaints and denunciations,
prevention and combat against corruption; participate in elaborating,
appraising, commenting other bills, draft legal documents as assigned by the
Minister;
3. To implement legal normative documents, projects, programs and plans
on inspection, reception of citizens, handling of complaints and denunciations,
prevention and combat against corruption within the scope of management of
the Ministry;
4. To review and systemize legal normative documents on inspection,
reception of citizens, handling of complaints and denunciations, prevention and
combat against corruption promulgated by the Ministry of Justice or by other
competent agencies at the proposal of the Ministry of Justice;
5. To undertake administrative inspection to the implementation of
policies and laws, the performance of tasks by agencies, organizations and
individuals under the direct management of the Ministry;
6. To undertake specialized inspection to the observance of specialized
legislation by agencies, organizations and individuals within the scope of State
management of the Ministry according to the provisions of law;
7. To inspect the implementation of provisions on management
decentralization in the domains under the State management of the Ministry;
8. To propose to the competent agencies for termination of
implementation or for abrogation of unlawful provisions which are detected
through the inspection;
9. To provide professional guidance and training on specialized inspection
to Inspectorates of the provincial Justice Departments; guide and inspect units
attached to the Ministry in observing law provisions on inspection, reception of
citizens, handling of complaints and denunciations, prevention and combat
against corruption;
10. To mobilize officials, public servants of relevant agencies and
organizations to participate in inspection teams as stipulated by law;
11. To monitor, examine and urge the execution of inspection conclusions,
propose decisions on inspection, handling of complaints and denunciation;
12. To sanction administrative violations in the justice domain according
to law provisions on handling of administrative violation;
13. To organize the reception of citizens, handle complaints and
denunciations as stipulated by law and delegated by the Ministry;
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14. To prevent and combat against corruption according to law provisions
on prevention and combat against corruption;
15. To apply information technologies in the works of inspection,
reception of citizens, handling of complaints and denunciation, prevention and
combat against corruption;
16. To monitor the implementation of, propose the revision and
supplementation of policies, solutions, legal normative documents in the field
of inspection, reception of citizens, handling of complaints and denunciations,
prevention and combat against corruption;
17. To sum up and implement the report and statistic regime on the works
of inspection, reception of citizens, handling of complaints and denunciation,
prevention and combat against corruption as prescribed by law;
18. To participate in conducting scientific researches, training and
fostering officials and public servants, educating and disseminating laws on the
domains within the function of the Inspectorate and the delegation of the
Ministry;
19. To manage its contingent of officials, public servants and employees;
implement the emulation and commendation work of the Inspectorate as
stipulated by law and delegated by the Ministry;
20. To implement the accounting and financial regime, to manage its
assigned finance and assets according to provisions of law;
21. To perform a number of other tasks as assigned by the Minister or
prescribed by law.
Article 3. Organizational Structure and Payroll
1. Organizational structure
a) Leadership
The Inspectorate shall have a Chief Inspector and no more than three
Deputy Chief Inspectors.
The Chief Inspector shall be accountable to the Minister and the law for
exercising of functions, tasks and power of the Inspectorate.
The Deputy Chief Inspectors shall observe the direction of the Chief
Inspector, and be assigned by the Chief Inspector to directly manage a number
of tasks and fields of work; and be accountable to the Director and the law for
the assigned work.
b) Organizations attached to the Inspectorate:
- The Division of Administration;
- The Division of Reception of citizens and handling of complaints and
denunciations;
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- The Division of Administrative Inspection;
- The Division of Specialized Inspection.
The establishment, mergence, splitting and dissolution of organizations
attached to the Inspectorate shall be decided by the Minister at the proposal of
the Director of the Personnel and Organization Department and the Chief
Inspector.
The functions, tasks, powers and working relationships among
organizations attached to the Inspectorate shall be decided by the Chief
Inspector.
2. The payroll of the Inspectorate shall be included in the administrative
payroll of the Ministry, and be allocated by the Minister at the proposal of the
Director of the Personnel and Organization Department and the Chief
Inspector.
Article 4. Responsibilities and Cooperative Relationships
Responsibilities and cooperative relationships between the Inspectorate
and the Minister, Vice Ministers, organizations attached to the Ministry, the
Justice Services and Civil Judgment-Executing Agencies at provinces, centralrun cities, and other relevant agencies, organizations and individuals shall be
exercised according to the Working Regulation of the Ministry, Regulation on
handling of complaints and denunciation of the Ministry of Justice, as well as
the following specific provisions:
1. The Inspectorate shall be under the direct steering of the Minister or
assigned Vice Minister, have the responsibility to organize the implementation,
make report and bear the responsibility before the Minister and the law for the
fulfillment of its assigned work.
2. The Inspectorate shall act as a focal point which assists the Ministry’s
Leaders in relations with ministries, branches, localities and other agencies and
organizations within the domains under the function of the Inspectorate.
3. During the performance of tasks stipulated in Article 2 of the Decision,
where there are arising issues concerning the functions, tasks and power of
other organizations attached to the Ministry, the Inspectorate shall take prime
responsibility for and coordinate with these organizations in dealing with such
issues.
The Inspectorate shall be responsible for coordinating with other
organizations under the Ministry in handling issues which fall within the
functions and tasks of such organizations and relate to the domains within the
management scope of the Inspectorate.
Where there are newly arising issues which go beyond the competence of
the Department or have divergent opinions, the Chief Inspector shall report
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such issues to the Minister or Vice Minister who are directly responsible for the
Inspectorate.
4. Relationships between the Inspectorate and relevant organizations
attached to the Ministry:
a) To take prime responsibility and coordinate with organization attached
to the Ministry in undertaking specialized inspection in the domains under the
State management of the Ministry;
b) To take prime responsibility for and coordinate with organizations
attached to the Ministry in assisting the Minister in receiving citizens, receiving
and handling complaints and letters of denunciations; proposing measures for
dealing with cases which fall within the competence of the Minister according
to law provisions, the Regulation on Receiving Citizens and the Regulation on
handling complaints and denunciations of the Ministry of Justice;
c) To be a focal point which assists the Minister in the work of prevention
and combat against corruption; take prime responsibility for and coordinate
with organizations attached to the Ministry in preventing and combating against
corruption according to provisions of law;
d) To direct, examine and urge organizations attached to the Ministry in
observing law provisions on reception of citizens, handling of complaints and
denunciations, prevention and combat against corruption and other works
concerning the performance of tasks and powers of the Inspectorate.
5. Relationship with the Representative Office of the Ministry in Ho Chi
Minh City:
To coordinate with the Representative Office in receiving citizens,
receiving and handling complaints and letters of denunciations in the southern
area according to the provisions of law;
To take prime responsibility for and coordinate with the Representative
Office and the relevant organizations attached to the Ministry in assisting the
Minister in handling complaints and denunciations falling within the
competence of the Minister in the southern area.
6. Relationship with the Department for Civil Judgment Execution
To take prime responsibility for and coordinate with the Department for
Civil Judgment Execution in examining, urging and guiding local civil
judgment-executing agencies in receiving citizens, handling complaints and
denunciations, prevention and combat against corruption as stipulated by law
and directed by the Ministry’s Leaders;
To take prime responsibility for and coordinate with the Department for
Civil Judgment Execution in inspecting, handling complaints and denunciations
according to plans and decisions of the persons issuing inspection decisions at
local civil judgment-executing agencies;
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To assist the Minister in handling complaints and denunciations
concerning civil judgment execution falling within the competence of the
Minister.
7. Relationship with the provincial Departments of Justice:
To guide, urge and examine the provincial Departments of Justice in
implementing the law on justice inspection;
To take prime responsibility for and coordinate with the provincial
Departments of Justice in undertaking specialized inspection, handling
complaints and denunciations under the State management of the Ministry
according to plans and decisions of the persons issuing inspection decisions.
8. Relationship with the Inspectorates of the provincial Departments of
Justice:
To guide the Inspectorates of the provincial Departments of Justice in
developing plans for inspection, prevention and combat against corruption,
reception of citizens, handling of complaints and denunciations in the fields of
justice sector as prescribed by law;
To ensure the information regime between the Inspectorate of the Ministry
of Justice and the Inspectorates of the provincial Department of Justice in the
field of inspection.
9. Relationship with the Government’s Inspectorate and agencies,
organizations outside the Ministry:
To assist the Minister of Justice in implementing the regimes of
information and report to the Government’s Inspectorate concerning the works
of inspection, reception of citizens, handling of complaints and denunciations,
prevention and combat against corruption according to the law provisions; to be
under the direction and guidance of the Government’s Inspectorate on the
matters concerning operation, organization and professional works;
To assist the Minister of Justice in coordinating with relevant agencies,
organizations outside the Ministry in organizing inter-sector inspection,
handling complaints and denunciations, preventing and combating against
corruption at the request of such agencies, organizations.
10. Relationship with the Investigation Agencies, Procuracies and the
Courts:
The Inspectorate, within its scope of tasks and powers, shall be
responsible for coordinating with Investigation Agencies, Procuracies and the
Courts in preventing and fighting against crime, detecting and handling acts of
law violation, handling complaints and denunciations in the domains under the
State management of the Ministry of Justice as stipulated by law;
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In the inspection process, the Inspectorate shall transfer files to the
competent Investigation Agency upon detecting signs of crime according to the
law provisions.
Article 5. Implementation Effect
This Decision takes effect on the date of its signing. To revoke the
Decision No. 764/QD-BTP of May 30, 2007 of the Minister of Justice
promulgating Regulation of organization and operation of the Inspectorate of
the Ministry of Justice.
Article 6. Implementation Responsibility
The Chief Executive of the Ministry’s Office, the Director General of the
Department of Personnel and Organization, Chief Inspector, Heads of
organizations attached to the Ministry, Directors General of the Departments of
Justice and Heads of Civil Judgment-Enforcement Agencies at provinces and
centrally-run cities shall be responsible for implementing this Decision./.
Recipients:
- As stated in Article 6;
- The State Inspectorate;
- The Office of Central Steering Board for Anti Corruption;
- The Inspectorates of Ministries, Ministerial-level Agencies,
- The Inspectorates of Departments of Justice at provinces;
- Leaders of Ministry;
- Office of Party Executive Committee;
- Social-political organizations attached to the Ministry;
- Ministry of Justice’s Portal;
- For filing purpose: Archives, Department of Personnel and
Organization; The Inspectorate./.
THE MINISTER
(Signed)
Ha Hung Cuong