Nghị định 157/2006/ND-CP

DECREE

ON ORGANIZATION AND ACTIVITY OF FOREIGN INSPECTOR.

THE GOVERNMENT

In pursuance to the Law on the Organization of the Government dated 25th December, 2001

In pursuance to the inspection Law dated 15th June, 2004.

In pursuance to state law about the overseas representative of the Socialist Republic of Vietnam dated 2nd December 1993.

In pursuance to state law about settling the administrative violation dated 2nd July, 2002.

In reference to the request of minister of the Ministry of foreign affairs.

DECREES

Chapter I

THE GENERAL REGULATIONS

Article 1: Position and Function:

Foreign affairs Inspection is the inspection office which belongs to the diplomatic service; in the central government, there is Foreign affairs inspection of ministry of Foreign affairs (which will be abbreviated to the ministry inspection); in the provinces and cities directly under the central government, there is Foreign affairs inspection which belongs to Foreign affairs department (which will be abbreviated to the Department inspection);does the official function and speciality function about diplomatic relations in the field of state administration and in the law framework.

Article 2: Subject of inspection:

1. The agencies, organizations and individuals are under the direct administration of state administration agency of foreign affairs.

2. The oversea representative offices of the Socialist republic of Vietnam.

3. The representative offices which have the legal personality of the Vietnamese overseas agencies, organizations and individuals. The Vietnamese agencies, organizations, individuals and the foreign agencies, organizations, individuals in Vietnam have activities about diplomatic relation which belongs to the field of state administration of ministry of foreign affairs or foreign affairs department. In the case of the international treaty of the organizations in which Vietnam is the official member has some differences from the regulations of this resolution, applying that international treaty.

Article 3: Active Principle:

- The activities of Foreign Affairs Inspection must abide by the laws of the State, be accurate, objective, truthful and straightforward, public, democratic, in time, don't obstruct the normal work of subject of inspection or the agencies, organizations and individuals concerned.

- When inspecting, the person who decides inspection, chief of inspection office, head of inspection team, and inspectors must abide by the regulations of the laws about inspecting and other laws concerned, they also must bear the responsibility for their action and decision.

Article 4: The working relations:

1. The Ministry inspector must be under the direct leaderships of minister of Ministry of foreign affairs, the leaderships and advices of Government inspection about work, organization and professional knowledge of inspection.

2. The Department inspector must be under the direct leaderships of head of foreign affairs department, the leaderships and advices of provincial inspection about work, organization and professional knowledge of official inspection and the advices of the Ministry inspection about work and professional knowledge of speciality inspection.

3. Foreign affairs inspector combines with the Ministry inspection, the Government inspection and other inspection agencies in the process of inspecting the problems related to foreign affairs to avoid overlapping and heighten the effect of inspecting, preventing and solving the law violation.

Chapter II

ORGANIZATIONS, TASK, AUTHORITIES OF THE FOREIGN AFFAIRS INSPECTION

Article 5: Organizations of inspection agency:

1. Ministry of Foreign affairs has the Ministry inspection.

2. The foreign affairs Departments directly dependent on the central Government have the Department inspection.

3. The inspection agencies which are regulated at the clause 1 and 2 of this article have their own stamp and account.

Article 6: The Ministry inspection:

1. The Ministry inspection is an agency of Ministry of foreign affairs and has the responsibility for inspecting, doing task and authority of official and professional inspection in the field of state administration of ministry of foreign affairs.

2. The Ministry inspection includes the chief and deputy inspector, inspectors. To appoint, relieve of responsibility and dismiss must be done according to the Laws.

3. The Ministry inspection has some services to do the tasks and authorities. Minister of Ministry of foreign affairs concretely regulates about tasks, authorities, organizations and the regular staff of the Ministry inspection.

Article 7: Task and authority of the Ministry inspection:

1. To conduct inspection of the implementation of laws, policies and tasks performance of agencies, organizations, individuals who are under the management of respective state agency of Ministry of foreign affairs.

2. To conduct inspection of the implementation of laws, policies and tasks performance of the Vietnamese Diplomatic Representative Office; the activities of the representative offices which have the legal personality of the Vietnamese overseas agencies, organizations and individuals; the Vietnamese agencies, organizations, individuals and the international agencies, organizations in Vietnam related to foreign affairs in the field of state administration of ministry of foreign affairs.

3. Presiding or taking part in writing legal documents; proposing to the agencies that have the jurisdiction to revise, give supplementary ideas or promulgate the legal documents which are related to the foreign affairs inspection.

4. To settle the law violations in the field of foreign affairs depending on the law regulated about settling the law violation.

5. To help minister of Ministry of foreign affairs to meet community and solve the petition and accusation depending on the law regulated about solving the petition and accusation.

6. To prevent corruption depending on the law regulated about corruption.

7. To monitor, inspect and speed up the implementation of the conclusion, proposal, and decision.

8. To propose to the agencies those have the jurisdiction to settle the law violations which are related to the foreign affairs. The Ministry inspection suspends implementing or cancels the illegal decisions and resolutions.

9. To guide and monitor the implementation of the resolution about inspecting and solving the petition, accusation for the agencies of ministry of foreign affairs; To guide and improve the professional inspection for the Department inspection will be done.

10. To requisition the officers of the concerned agencies to take part in the inspecting delegation.

11. To collect and classify and report the results of inspecting, solving the petition and accusation, preventing corruption in the field of state administration of ministry of foreign affairs.

12. To co-operate with the international community in the inspecting area of foreign affaires.

13. To do other tasks and authorities depending on the Government law.

Article 8: Tasks and authorities of the Chief inspector

1. To help the minister of Ministry of foreign affairs (which will be abbreviated to the Minister) to leading or guiding the inspection in the field of state administration of ministry of foreign affairs.

2. To set the plan of inspection this will be presented to the Minister for decision. Then, do that plan.

3. To settle the law violations in the field of foreign affairs depending on the law regulated about settling the law violation.

4. To present the inspection assignment plan that comes out of the blue to the Minister when discovering the sign of law violation.

5. To ask for decision of the Minister or decide to form an inspecting delegation, to depute inspector, to requisition the officers of the concerned agencies to take part in the inspecting delegation depending on the jurisdiction.

6. To propose to the Minister to solve the overlap of the plan and content of inspecting and monitoring in the field of state administration of ministry of foreign affairs. To request the Minister to co-operate with the Head of the people's committee of the cities or provinces directly dependent on the central government to solve the overlap of the plan and content of inspecting and monitoring which happened at that province.

7. To help Minister of inspection to monitor the responsibility to implement the inspection law and solve the petition and accusation of the head of agency which belongs to the ministry; to propose to the Minister to settle the persons who are under the minister's administration have the law violations; to co-operate with the head of the agency to settle the persons who are under that agency's administration have the law violations.

8. To propose to the Minister to suspend the implementation or cancellation of decisions of the agencies which is under the ministry administration when there is evidence to show that these decisions are illegal or obstruct the inspection activities.

9. To monitor, inspect and speed up the implementation of the conclusion, proposal, and decision of inspection belonged to responsibility of head of the agency which is under the administration of ministry of foreign affairs.

10. Head of the agencies of the Ministry inspection do tasks, authorities according to the regulation of this resolution or to the law.

11. Do other tasks and authorities according to the law.

Article 9: The department inspection:

1. The department inspection is an agency of department of foreign affairs and has the responsibility for helping the Head of the department inspection to inspect, do task and authority of official and professional inspection in the field of responsibility of head of the department inspection.

2. The Department inspection includes the chief and deputies of inspector, inspectors. To appoint, relieve of responsibility and dismiss must be done according to the Laws..

3. The head of foreign affairs department work with the chief of inspector to form the department inspection and the chief of the bureau of ministry of Home affairs present that demand to Head of the provincial people's committee for decision. The head of foreign affairs department concretely regulates about task, authority, organization and the regular staff of the department inspection.

Article 10: Task and authority of the Department inspection:

1. To conduct inspection of the implementation of laws, policies and tasks performance of agencies, organizations, individuals who are under the management of the bureau of foreign affairs.

2. To conduct inspection of the implementation of laws, regulations in the field of state administration of Bureau of foreign affairs for the Vietnamese agencies, organizations, individuals and the international agencies, organizations in Vietnam.

3. To settle the law violations in the field of foreign affairs depending on the law regulated about settling the law violation.

4. To solve the petition and accusation depending on the law regulated about solving the petition and accusation.

5. To prevent corruption depending on the law regulated about corruption.

6. To propose to the agencies those have the jurisdiction to settle the law violations discovered while inspecting.

7. to guide and monitor the implementation of the resolution about inspecting and solving the petition, accusation for the agencies of department.

8. To requisition the officers of the concerned agencies to take part in the inspecting delegation.

9. To collect and classify and report the results of inspecting, solving the petition and accusation, preventing corruption in the field of state administration of Bureau of foreign affairs.

10. To do other tasks and authorities depending on the Government law.

Article 11: Tasks and authorities of the Chief inspector of the Department inspection:

1. To lead or guide the inspection assignment in the field of state administration of Bureau of foreign affairs.

2. To set the plan of inspection this will be presented to the head of Department inspection for decision. Then, do that plan.

3. To settle the official violations depending on the law regulated about settling the official violation.

4. To present the chief inspector the inspecting plans when discovering the sign of law violation.

5. To propose to the chief of bureau to settle the persons who are under the Bureau's administration have the law violations; to co-operate with the head of the agency to settle the persons who are under that agency's administration have the law violations.

6. To solve the petition and accusation depending on the law regulated about solving the petition and accusation.

7. To guide and monitor the responsibility of the head of Bureau's office in implementing the law about inspecting, solving the petition and accusation, preventing corruption; if necessary, proposing Chief of Bureau of foreign affairs to convene a meeting between heads of offices in order to putting forward suitable official measures for the complicated petition or accusation. 

8. To monitor, inspect and speed up the implementation of the conclusion, proposal, and decision of inspection belonged to responsibility of head of the agency which is under the administration of chief of bureau foreign affairs.

9. Head of the Department inspection's agencies do tasks, authorities according to the regulation of this resolution or to the law.

10. Do other tasks and authorities according to the law.

Article 12: The inspection assignment of the localities that haven't had the bureau of foreign affairs.

- For the cities or provinces directly depend on the central government and haven't had Bureau of foreign affairs, the chief of the foreign affairs office has the responsibility for using some officers under his administration to be concurrently in charge of inspection and be under the Ministry inspection's guide about inspection assignment and professional inspection.

Chapter III

INSPECTOR AND INSPECTING COLLABORATOR

Article 13: Inspector:

1- Foreign affairs Inspector is the officer who is appointed to the scale of inspection to do the inspection assignment. Appointing, relieving of responsibility and dismissing the Foreign affairs inspector must be done according to the Laws..

2- Foreign affairs Inspectors do the tasks and authorities depending upon the regulation of the inspection Law and other tasks, authorities depending upon the Law.

3- Foreign affairs Inspectors must satisfy the requirement and standard of the inspection assignment depending upon the inspection Law and satisfy the standards which are regulated by the Minister of Ministry of Foreign affairs.

4- Foreign affairs Inspectors will receive the regulations, policies and other suitable conditions, which are necessary to do the inspection assignment, depending upon the regulation of Government.

Article 14: Inspecting collaborator:

1. Inspecting collaborator is the person who is requisitioned to do the inspection assignment depending on the requirement of Chief inspector or chief of state offices.

2. Inspecting collaborator must have good political quality, responsibility, honesty, objective, just and enlightened, professional skill which agree with the entrusted tasks about foreign inspection.

3. Inspecting collaborator will receive the regulations concerning rewards and punishments according to the Law.

Chapter IV

ACTIVITIES OF THE FOREIGN AFFAIRS INSPECTION

Article 15: Content of inspection:

1. To inspect the implementation of laws, policies and tasks performance of agencies, organizations, individuals who are under the management of Ministry of foreign affairs and Foreign affairs Department.

2. To professionally inspect the agencies, organizations, individuals in these fields:

a. the implementation of laws, policies and tasks performance of the abroad representative of the Socialist Republic of Viet Nam.

b. The activities of the abroad Vietnamese representative offices that have legal personality, the activities of Vietnamese agencies, organizations, individuals and Foreign agencies, organizations, individuals in Viet Nam concerned with foreign affairs under the state management of Ministry of Foreign affairs and Foreign affairs Department.

c. To sign and do the international treaty.

d. Border and territory assignment of Vietnam.

e. The Vietnamese people living abroad.

f. The consul, entering and leaving of Vietnamese people and foreigners according to the assignment of Government; to legalize, certify consul, Nationality and Civil status; to protect Vietnamese people living abroad according to the Laws.

g. The Diplomatic assignment to develop economy.

h. Some other fields concerned with Foreign affairs under the state management of Ministry of Foreign affairs and Foreign affairs Department according to the Laws.

Article 16: Form and Procedure of inspecting activities

1. Activities of Foreign affairs inspection will be done under the form of planned inspection and unexpected inspection.

- The planned inspection is approved by Minister of Ministry of Foreign Affairs and Head of Foreign Affairs Department.

- Unexpected inspection is done when discovering the law violations of organizations or individuals according to the demand of the petition and accusation, the demand of preventing corruption or the assignment of the chairman of state management agency.

2. Inspecting assignment is done in the procedure of inspection delegation or only one inspector.

Inspection delegation and inspectors do their task according to the Laws about inspection.

Chapter V

UNIFORM, BADGE, STRIPE, PLATE MATERIALS TECHNOLOGY AND ACTIVITY EXPENSES

Article 17: Uniform, Badge, stripe, and plate:

1. Foreign affairs inspector has uniform, badge, stripe and plate according to the Laws.

No organizations or individuals use the same uniform, badge, stripe and plate as the Foreign affairs Inspector.

2. Minister of Ministry of Foreign affairs regulates uniform, badge, stripe and plate of the Foreign affairs inspector after discuss with Chief of inspection office.

Article 18: Materials technology:

1. Foreign affairs inspection agencies will be laid head office, method and technological equipment to serve inspection assignment.

2. Minister of Ministry of Foreign affairs regulates method, technological equipment according to the Laws.

Article 19: Activity expenses:

1. Activity expenses of foreign affairs inspector will be issued from state budget and other sources.

2. To issue and manage expenses must be done according to the State budget Law and other Law documents concerned.

CHAPTER VI

THE RESPONSIBILITY OF ORGANIZATIONS, AGENCIES AND INDIVIDUALS IN FOREIGN AFFAIRS INSPECTION

Article 20: The responsibility of Head of state management agencies in foreign Affairs inspection:

1. Minister of ministry of Foreign affairs has a responsibility for organize, supply concrete guidance in activities, and strengthen the staff of Ministry inspection; ensure the expenses, technological equipment, materials technology and other equipments; solve in time the conclusion or proposition of Ministry inspection according to the Laws.

2. Heads of the people's committee of provinces or cities under the central Government have responsibility for directing head of Foreign affairs Department to strengthen the staff and ensure expenses, materials technology and other necessary conditions for the activities of Department inspection; direct head of the offices which manage the foreign affairs to set officers to do the inspection assignment at the localities which haven's had the Foreign affairs Department.

3. Head of Foreign Affairs Department has responsibilities for organizing, directing activities, and strengthening the staff of Department inspection; solving in time the conclusion or proposition of Department inspection according to the Laws.

Article 21: Tasks, authorities and responsibilities of subject of inspection; responsibilities of organizations, agencies and individuals concerned

1. Subject of inspection has tasks, authorities and responsibilities according to the Inspection Law and other legal documents concerned.

2. Organizations, agencies and individuals which have the information or documents concerned with inspection assignment must provide them fully for the inspector in time. They also have responsibility for the preciseness, honesty of the information or documents provided.

Providing, using and managing the information, documents which have content concerned with State secrets must be done according to the Laws about protect State secrets.

Chapter VII

COMMENDING AND REWARDING; SOLVING AND HANDLING CASES OF LAW OFFENSES SOLVING THE PETITION AND ACCUSATION

Article 22: Commending and rewarding

Organizations, agencies and individuals who have good deed in Foreign affairs inspection will be commended and rewarded according to the Laws.

Article 23: solving and handling cases of law offenses:

The persons who oppose, obstruct inspector's activities, suborn, retaliate inspector, or accuse untruthfully, violate the Law about inspection and the inspectors for his selfish motives or lack of responsibilities give the untrue conclusions which infringe upon the rights or legal benefits of organizations, individuals who work in foreign affairs field will be punished, solved and handled the administrative violation or investigated into Criminal responsibilities, pay damages according to the Laws.

Article 24: Solving the petition and accusation in inspection:

Solving the petition and accusation in inspection will be done according to the Laws about petition and accusation.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 25: The effect of this Law

This Law takes effect after 15 days from its public announcement.

Article 26: Implementation guidance

1. Minister of ministry of Foreign affairs and the ministers and the heads of the ministerial-level agencies, within their respective functions, tasks and powers, guide the implementation of this Law.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People' Committees of provinces and centrally-run cities shall have to implement this Resolution.