Bộ câu hỏi tiếng anh ôn thi kì thi tuyển chọn chức danh chánh văn phòng thanh tra thành phố 2020

THE NATIONAL ASSEMBLY - SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness - Law No 02/2011/QH13 LAW ON COMPLAINTS Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under the Resolution No 51/2001/QH10; The National Assembly promulgates the Law on Complaints Chapter GENERAL PROVISIONS Article Scope of regulation This Law regulates on complaints and settlement of complaints against administrative decisions or acts of state administrative agencies or competent persons in these agencies; complaints and settlement of complaints related to disciplinary decisions against cadres or civil servants; reception of citizens; management and supervision of complaint settlement work Article Interpretation of terms In this Law, the terms below are construed as follows: Complain means that a citizen, agency, organization, cadre or civil servant, according to the procedures prescribed in this law, requests a competent agency, organization or person to review an administrative decision or act of a state administrative agency or competent person in such agency, or a disciplinary decision against a cadre or civil servant when having grounds to believe that such decision or act is unlawful and infringes upon his/her/its rights and lawful interests Complainant means a citizen, agency, organization, cadre or civil servant who exercises the right to complaint Withdrawal of a complaint means that a complainant requests a competent agency, organization or person to terminate his/her/its complaint Agencies or organizations entitled to complaint mean state agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations and people's armed forces units The complained subject means a state administrative agency or a competent person in this agency that has issued an administrative decision or committed an administrative act which is complained; a competent agency, organization or individual that has issued a decision disciplining a cadre or civil servant which is complained Complaint settler means an agency, organization or person that is competent to settle a complaint Persons with related rights and obligations mean individuals, agencies or organizations that are neither a complainant nor the complained subject but the complaint settlement is related to their rights and obligations Administrative decision means a document which is issued by a state administrative agency or a competent person in such agency to decide on a specific issue in state administration management activities and is applied once to one or several specific subjects Administrative act means an act of a state administrative agency or a competent person in such agency of performing or failing to perform a task or official duty as prescribed by law 10 Disciplinary decision means a written decision issued by the head of an agency or organization in order to apply one of forms of disciplining against a cadre or civil servant under his/her management under the law on cadres and civil servants 11 Complaint settlement means the acceptance, verification, conclusion and issuance of a decision on complaint settlement Article Application of the law on complaints and settlement of complaints Complaints of foreign agencies, organizations and individuals in Vietnam and settlement of these complaints comply with this Law, unless otherwise provided for by treaties to which the Socialist Republic of Vietnam is a contracting party Complaints and settlement of complaints against administrative decisions or administrative acts in public non-business units and state enterprises comply with this Law The Government shall specify this Clause Based on this Law, competent bodies of political organizations, socio-political organizations, social organizations and socio-professional organizations guides complaints and settlement of complaints within their bodies or organizations Based on this Law, the Supreme People's Court, Supreme People's Procuracy, State Audit, National Assembly Office, President Office and other state agencies regulate complaints and settlement of complaints within their agencies In case another law otherwise provides for complaints and settlement of complaints, such law will prevail Article Principle of making complaints and settlement of complaints The making complaints and settlement of complaints must comply with law; ensure objectiveness, publicity, democracy and timeliness Article Responsibilities for settlement of complaints and coordinate in settling complaints Agencies, organizations and individuals shall, within the scope of their functions, tasks and powers, promptly and lawfully receive and settle complaints and strictly handle offenders; apply necessary measures to prevent potential damage; assure for complaint settlement decisions to be strictly executed and take responsibility before law for their decisions Concerned agencies and organizations shall coordinate with competent agencies, organizations and individuals in settling complaints; supplying information and documents relating to complaints at the request of these competent agencies, organizations and individuals Agencies, organization and individuals shall check and review their administrative decisions or acts or disciplinary decisions, and promptly modify or remedy these decisions or acts that are illegal, to avoid arising complaints The State encourages reconciliation of disputes among agencies, organizations and individuals before competent agencies, organizations or persons settle such disputes Article Prohibited acts Obstructing or causing troubles to persons exercising the right to complain; threatening, revenging or retaliating complainants Showing irresponsibility in settling complaints; refusing to settle complaints; falsifying information, documents and dossiers of complaint case; intentionally settling complaints at variance with law Have decision on complaint settlement which is not in the form of written decision Covering up the complained subjects or illegally intervening in the complaint settlement Intentionally making untruthful complaints Provoking, instigating, forcing, inducing, buying off or dragging other people to gather in masses for making complaints, disturbing security and order at public places Taking advantage of complaints to propagate against the State or infringe upon the State's interests; distorting, slandering, threatening or offending the prestige or honor of agencies, organizations or persons responsible for settling complaints, or other persons executing their tasks or official duties Violating regulations on citizen reception Violating other provisions of the law on complaints and settlement of complaints Chapter COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS Section COMPLAINTS Article Order of making a complaint When having grounds to believe that an administrative decision or administrative act is unlawful or directly infringes upon his/her rights and lawful interests, a person may make a firsttime complaint with the person who has issued such administrative decision or the agency that manages the person who has committed such administrative act, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures In case the complainant disagrees with the first-time complaint settlement decision or the complaint remains unsettled although past the prescribed time limit, he/she may make a secondtime complaint with the direct superior of the person competent to settle the first-time complaint or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures In case the complainant disagrees with the second-time complaint settlement decision or the complaint remains unsettled though past the prescribed time limit, he/she has right to institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures For an administrative decision or administrative act of a Minister, head of a Ministerial-level agency or Government- attached agency (hereinafter referred to as Minister), the complainant may make a complaint with the Minister or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures In case the complainant disagrees with the complaint settlement decision of the Minister or the complaint remains unsettled though past the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures For an administrative decision or administrative act of the chairperson of the People's Committee of a province or centrally-run city (hereinafter referred to as provincial People's Committee), the complainant may make a first-time complaint with the chairperson of the provincial-level People's Committee or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures In case the complainant disagrees with the first-time complaint settlement decision of the chairperson of the provincial-level People's Committee or the complaint remains unsettled though past the prescribed time limit, he/she may make a second-time complaint with the Minister managing the related sector or field or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures In case the complainant disagrees with the second-time complaint settlement decision of the Minister or the complaint remains unsettled though past the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures Article Forms of complaint Complaints may be made in written or verbal form In case complaints are made in written form, the written complaint must clearly indicate the date of complaint; the full name and address of the complainant; the name and address of the complained agencies, organizations or individuals; contents of and reason for the complaint; documents related to complaint contents and the request of the complainant for settlement The written complaint must be signed or fingerprinted by the complainant In case the complainant makes a verbal complaint, the complaint recipient shall guide the complainant in making a written complaint or record in writing the complaint and request the complainant to sign or fingerprint in such record for confirmation, which clearly writes the contents specified in clause of this Article In case many persons jointly make a complaint about the same content, procedures shall be implemented as follows: a/ For a verbal complaint of many persons at the same time, the competent agency shall receive and guide these complainants in appointing a representative to present the complaint contents; the complaint recipient shall record in writing the complaint, clearly writing the contents specified in clause of this Article The reception of a complainant of many persons complies with Chapter V of this Law; b/ For a written complaint made by many persons, such complaint must clearly write the contents specified in clause of this Article, include the signatures of complainants, and appointment of a representative to present their opinions at the requests of complaint settler c/ The Government shall detail this clause In case a complaint is made by a representative, such representative must be one of the complainants, have a paper proving legality of representation, and implement the complaint as prescribed by this Law Article Statute of limitation for making a complaint The statute of limitation for making a complaint is 90 days, after receiving an administrative decision or knowing or being informed of an administrative decision or act In case a complainant fails to exercise the right to complain in accordance with the statute of limitation due to illness, natural disaster, enemy sabotage, working mission or study in a distant place or another objective obstacle, the period during which such obstacle exists is not counted into the statute of limitation for making a complaint Article 10 Withdrawal of complaints A complainant may withdraw his/her complaint at any time in the course of complaint and its settlement; a written request for withdrawal must be made, signed or fingerprinted by the complainant and sent to the person competent to complaint settlement When receiving a written request for complaint withdrawal, the person competent to complaint settlement shall suspend the complaint settlement and notify such suspension in writing to the complainant Article 11 Complaints not eligible to be accepted for settlement A complaint falling into one of the following cases is not accepted for settlement: It is about an administrative decision or act within a state agency for directing and organizing the performance of tasks and official duties; an administrative decision or act related to direction and administration by an administrative agency toward its subordinate administrative agency; an administrative decision containing legal rules issued by competent agencies, organizations or persons according to the order and procedures prescribed in law on promulgation of legal documents; an administrative decision or act involving a state secret in the field of defense, security or foreign affairs as listed by the Government; It is about an administrative decision or act not directly related to the rights and lawful interests of the complainant; The complainant has no full civil act capacity and no a lawful representative; The complaint is implemented by an unlawful representative; There is no signature or fingerprint of complainant in the written complaint; The statute of limitations or time limit for making a complaint has expired but the complainant has no legitimate reason; A second-time complaint settlement decision has been issued; There is a written notice of suspension of the complaint settlement and the complainant does not continue making complaint during 30 days after the issuance of such notice; It has been accepted by a court for settlement or has been settled under a court judgment or decision other than a court’s decision on suspension of the settlement of an administrative case Section 2: RIGHTS AND OBLIGATIONS OF COMPLAINANTS, THE COMPLAINED SUBJECTS, COMPLAINT SETTLERS, LAWYERS AND LEGAL AID OFFICERS Article 12 Rights and obligations of complainants A complainant has the following rights: a/ To make a complaint by him/herself In case the complainant is a minor or has lost, his/her civil act capacity, his/her representative at law may implement a complaint In case the complainant is ill or old and weak or has a physical defect or encounters an objective circumstance which causes him/her unable to implement a complaint, he/she may authorize his/her parent, spouse, blood sibling or adult child or another person with full civil act capacity to implement a complaint; b/ To ask a legal counsel or authorize a lawyer to make a complaint to protect his/her rights and lawful interests In case the complainant is eligible for legal aid as specified by law, he/she is entitled to ask a legal aid officer to provide legal consultancy or authorize a legal aid officer to make a complaint to protect his/her rights and lawful interests; c/ To participate in dialogs or authorize a lawful representative to so; d/ To be entitled to know, read, photocopy or copy documents and evidences collected by the complaint settler for settling his/her complaint, except information and documents involving state secrets; dd/ To request relevant persons, agencies and organizations that are preserving or managing information and documents related to his/her complaint contents to provide such information and documents within 07 days after being requested for submission to the complaint settler, except information and documents falling in state secrets; e/ To request the complaint settler to apply urgent measures to prevent possible consequences of the execution of the complained administrative decision; g/ To show evidences of the complaint and make explanation on his/her opinions for these evidences; h/ To receive a written reply on the acceptance of the complaint for settlement, to receive the complaint settlement decision; i/ To have his/her infringed rights and lawful interests restored; to receive damage compensations in accordance with law; k/ To make a second-time complaint or institute an administrative case at court in accordance with the Law on Administrative Procedures; l/ To withdraw his/her complaint A complainant has the following obligations: a/ To make a complaint with the right person who is competent to settlement; b/ To honestly present the matter and show evidences of the correctness and reasonability of the complaint; to provide relevant information and documents to the complaint settler; to take responsibility before law for the presented contents and provided information and documents: c/ To abide by the administrative decision or act about which he/she makes a complaint pending the complaint settlement, unless such decision or act is suspended from execution as prescribed in Article 35 of this Law; d/ To strictly abide by the legally effective complaint settlement decision Complainants shall also implement other rights and obligations as prescribed by law Article 13 Rights and obligations of the complained subject A complained subject has the following rights: a/ To show evidences of the legality of the complained administrative decision or act; b/ To be entitled to know, read, photocopy or copy documents and evidences collected by the complaint settler for settling the complaint, except information and documents falling in state secrets; c/ To request relevant persons, agencies and organizations that are preserving or managing information and documents relating to the complaint contents to provide such information and documents within 07 days after being requested for submission to the complaint settler, except information and documents falling in state secrets; d/ To receive the second-time complaint settlement decision A complained subject has the following obligations: a/ To participate in dialogs or authorize a lawful representative to so; b/ To abide by the decision on verification of complaint contents issued by the agency or unit competent to settle the complaint; c/ To provide information and documents relating to the complaint contents and make explanations about the legality and correctness of the complained administrative decision or act at the request of the complaint settler or the examining or verifying agency or unit within 07 days after being requested; d/ To strictly abide by the legally effective complaint settlement decision: dd/ To modify or cancel the complained administrative decision or to terminate the complained administrative act; e/ To pay compensations for damages caused by his/her/its illegal administrative decision or act in accordance with the Law on the State's compensation liability The complained subject shall implement other rights and obligations as prescribed by law Article 14 Rights and obligations of first-time complaint settlers A first-time complaint settler has the following rights: a/ To request the complainant and relevant agencies, organizations and persons to provide information, documents and evidences within 07 days after request, for use as a basis for settling the complaint; b/ To decide application or cancellation of urgent measures as prescribed in Article 35 of this Law A first-time complaint settler has the following obligations: a/ To receive the complaint and notify in writing the complainant, the agency, organization or person competent to forward the complaint and the state inspectorate at the same level of the acceptance of the complaint for settlement with respect to complained administrative decision or act; b/ To settle the complaint about an administrative decision or act when the complainant requests; c/ To organize dialogs with the complainant, the complained subject and relevant agencies, organizations and persons; d/ To send the complaint settlement decision to the complainant and take responsibility before law for the complaint settlement; for a complaint forwarded by a competent agency, organization or person, to have to notify settlement results to such agency, organization or person in accordance with law; e/ To provide information, documents and evidences relating to the complaint contents at the request of the complainant; to provide the complaint settlement dossier at the request of the second-time complaint settler or court First-time complaint settlers shall settle the payment of compensations for damage caused by administrative decisions or acts in accordance with the Law on the State's compensation liability First-time complaint settlers shall implement other rights and obligations as prescribed by law Article 15 Rights and obligations of second-time complaint settlers A second-time complaint settler has the following rights: a/ To request the complainant, complained subject and relevant agencies, organizations and persons to provide information, documents and evidences within 07 days after request, for use as a basis for settling the complaint; b/ To decide on application or cancellation of urgent measures specified in Article 35 of this Law; c/ To summon relevant agencies, organizations and persons to participate in dialogs; d/ To request an expertise; e/ To consult the advisory council when necessary A second-time complaint settler has the following obligations: a/ To receive and accept the complaint for settlement and make a dossier of the complaint case falling under his/her/its settling competence; b/ To examine and verify the content of complaint; c/ To organize dialogs with the complainant, the complained subject and relevant agencies, organizations and persons d/ To issue and publicize the complaint settlement decision; To perform tasks assigned by their inspection team heads To request inspected subjects to provide information and documents, report in writing, or explain matters related to inspection contents; to request agencies, organizations or individuals that have information or documents related to inspection contents to provide these information or documents To recommend their inspection team heads to apply measures within the ambit of the latter's tasks and powers specified in Article 46 of this Law to assure the fulfillment of their assigned tasks To recommend the handling of other matters related to inspection contents To report on results of performance of their assigned tasks to their inspection team heads, and lake responsibility before law and their inspection team heads for the accuracy, truthfulness and objectivity of reported contents Article 48 Tasks and powers of administrative inspection decision issuers Administrative inspection decision issuers have the following tasks and powers: a/ To direct, examine and supervise inspection teams in their execution of inspection decisions; b/ To request inspected subjects to provide information and documents, report in writing, or explain matters related to inspection contents; to request agencies, organizations or individuals that have information or documents related to inspection contents to provide these information or documents; c/ To solicit assessment of matters related to inspection contents; d/ To request competent persons to temporarily seize illegally used money, objects or permits when finding it necessary to promptly stop law violations or to verify circumstances to serve as proofs for conclusion or handling; e/ To suspend or recommend competent persons to stop acts when finding that these acts cause serious damage to the interests of the State, the legitimate rights and interests of agencies, organizations and individuals; f/ To request credit institutions at which inspected subjects have accounts to blockade these accounts in service of their inspection when having grounds to believe that inspected subjects have committed acts of asset dispersal, fail to comply with decisions of heads of state inspection agencies or state management agencies on recovery of money and assets; g/ To recommend competent persons to suspend the execution of decisions on disciplining, transfer to other jobs or retirement of persons who are cooperating with state inspection agencies or are being inspected when finding that the execution of these decisions may obstruct the inspection; h/ To recommend competent persons to suspend from work and handle cadres, civil servants and public employees who intentionally obstruct the inspection or fail to comply with inspection requests, recommendations or decisions: i/ To decide on handling according to their competence or recommend competent persons to handle inspection results; to inspect and urge the execution of inspection handling decisions; j/ To decide on recovering money and assets which are appropriated, illegally used or lost due to law violations of inspected subjects; k/ To settle complaints and denunciations related to responsibilities of heads and other members of inspection teams: l/ To dismiss or replace heads or members of inspection teams who fail to satisfy inspection requirements or tasks or commit law violations or are relatives of inspected subjects or cannot, for other objective reasons, perform their inspection tasks; m/ To make conclusions on inspection contents; n/ To transfer dossiers of cases of law violation to investigative agencies when detecting their criminal signs, and concurrently notify such in writing to the procuracies of the same level When finding it unnecessary to apply the measures specified at Points d, e f, g and h Clause of this Article, inspection decision issuers may decide on or recommend the immediate cancellation of the application of such measures When performing the tasks and powers specified in Clause of this Article, inspection decision issuers shall be held responsible before law for their acts and decisions Article 49 Reports on administrative inspection results Within 15 days after the completion of an inspection, an inspection team head shall make and send a written report on inspection results to the inspection decision issuer In case an inspection decision issuer is concurrently the head of a state management agency, a report on inspection results shall also be sent to the head of the state inspection agency of the same level A repot on inspection results must have the following contents: a/ Specific conclusions on each inspected content; b/ Clear determination of the nature and severity of violations, their causes, and responsibilities of violating agencies, organizations or individuals; c/ Divergence of opinions between members and the head of the inspection team on the report's contents; d/ Handling measures already applied and recommended ones In case of detecting acts of corruption, the report on inspection results must clearly state the responsibility of the head of the agency or organization in which such acts of corruption occur according to the following levels: a/ Weak management capability; b/ Irresponsibility in management; c/ Covering up of persons committing acts of corruption A report on inspection results must clearly state legal provisions used as grounds for determining the nature and severity of violations and recommended handling measures Article 50 Administrative inspection conclusions Within 15 days after receiving a report on inspection results, an inspection decision issuer shall make and send written inspection conclusions to the head of the state management agency of the same level, the superior state inspection agency and inspected subjects In case the head of the state management agency is concurrently the inspection decision issuer, inspection conclusions shall also be sent to the head of the state inspection agency of the same level Inspection conclusions must have the following contents: a/ Assessment of the implementation of policies and laws, the performance of tasks and exercise of powers by inspected subjects, which arc included in inspection contents; b/ Conclusions on inspection contents; c/ Clear determination of the nature and severity of violations, their causes and responsibilities of violating agencies, organizations and individuals; d/ Handling measures already applied and recommended ones In the course of preparing written inspection conclusions, inspection decision issuers may request heads and members of inspection teams to report: or request inspected subjects to explain to further clarify mailers necessary for making inspection conclusions Section 3: SPECIALIZED INSPECTION ACTIVITIES Article 51 Competence to issue specialized inspection decisions and assign inspectors or persons assigned to perform the specialized inspection task to conduct independent inspection Ministerial chief inspectors, provincial- level department chief inspectors and heads of agencies assigned to perform the specialized inspection function may issue inspection decisions and form inspection teams to execute inspection decisions When finding it necessary, ministers and provincial-level department directors may issue inspection decisions and form inspection teams Inspectors and persons assigned to perform the specialized inspection task shall conduct independent inspection as assigned by ministerial chief inspectors, provincial-level department chief inspectors and heads of agencies assigned to perform the specialized inspection function In case they assign inspectors or persons assigned to perform the specialized inspection task to conduct independent inspection, ministerial chief inspectors, provincial-level department chief inspectors and heads of agencies assigned to perform the specialized inspection function shall clearly determine the inspection scope, tasks and duration Upon conducting independent inspection, inspectors shall produce their inspector's cards while persons assigned to perform the specialized inspection task shall produce their civil servant's cards Article 52 Specialized inspection decisions An inspection decision must contain the following details: a/ Legal grounds for inspection; b/ Inspection scope, subjects, contents and tasks; c/ Inspection duration; d/ Head, inspectors and other members of the inspection team Inspection decisions shall be notified to inspected subjects upon conducting inspection Article 53 Tasks and powers of heads of specialized inspection teams In the course of inspection, inspection team heads have the following tasks and powers: a/ To organize and direct inspection team members in strictly complying with inspection decisions; b/ To recommend inspection decision issuers to apply measures within the ambit of their tasks and powers specified in Article 55 of this Law to assure the performance of assigned tasks; c/ To request inspected subjects to produce their licenses, permits, business registration certificates, practice certificates, provide information and documents, report in writing, or explain matters related to inspection contents; d/ To make written records of violations of inspected subjects; e/ To inventory inspected subjects assets related to inspection contents; f/ To request agencies, organizations and individuals that have information and documents related to inspection contents to provide such information and documents; g/ To- request competent persons to temporarily seize illegally used money, objects or permits when finding it necessary to promptly stop law violations or to verify circumstances to serve as proofs for conclusion or handling; h/ To decide on sealing up documents of inspected subjects when having grounds to believe that they commit law violations; i/ To suspend or recommend competent persons to stop acts when finding that these acts cause serious damage to the interests of the State the legitimate rights and interests of agencies, organizations and individuals; j/ To suspend competent persons to suspend the execution of decisions on disciplining, transfer to other jobs or retirement of persons who are cooperating with state inspection agencies, agencies assigned to perform the specialized inspection function or are being inspected when finding that the execution of these decisions may obstruct the inspection; k/ To request credit institutions at which inspected subjects have accounts to blockade these accounts in service of the inspection when having grounds to believe that inspected subjects have committed acts of asset dispersal; l/ To sanction administrative violations under the law on handling of administrative violations; m/ To report to inspection decision issuers on inspection results and take responsibility for the accuracy, truthfulness and objectivity of these reports When finding it unnecessary to apply the measures specified at Points g h, i, j and k Clause of this Article, inspection decision issuers may decide on or propose the immediate cancellation of the application of such measures When performing the tasks and powers specified in Clause of this Article, heads of inspection teams shall be held responsible before inspection decision issuers and law for their acts and decisions Article 54 Tasks and powers of members of inspection teams, inspectors and persons assigned to perform the specialized inspection task while conducting independent inspection When conducting team inspection, inspectors and persons assigned to perform the specialized inspection task have the following tasks and powers: a/ To perform tasks assigned by their inspection team heads; b/ To request inspected subjects to provide information and documents, report in writing or explain matters related to inspection contents; to request agencies, organizations and individuals that have information or documents related to inspection contents to provide such information or documents; c/ To recommend inspection team heads to apply the measures within the ambit of their tasks and powers specified in Article 53 of this Law to assure the performance of assigned tasks; d/ To sanction administrative violations under the law on handling of administrative violations: e/ To recommend the handling of other matters to inspection contents: f/ To report on results of performance of assigned tasks to inspection team heads and to be held before law and answerable to inspection team heads for accuracy, truthfulness and objectivity of reported contents In the course of inspection, other members of inspection teams shall perform the tasks and exercise the powers specified at Points a b c, e and f Clause of this Article When conducting independent inspection, inspectors and persons assigned to perform the specialized inspection task have the following tasks and powers: a/ To request inspected subjects to produce licenses, permits, business registration certificates, practice certificates, provide information and documents, report in writing and explain matters related to inspection contents: to request agencies, organizations and individuals that have information and documents relevant inspection contents to provide these information and documents; b/ To make written records of violations of inspected subjects: c/ To sanction administrative "violations under the law on handling of administrative violations; d/ To report to chief inspectors and heads of agencies assigned to perform the specialized inspection task on the performance of assigned tasks: to be answerable to chief inspectors and heads of agencies assigned to perform the specialized inspection function and held responsible before law for acts and decisions Article 55 Tasks and powers of specialized inspection decision issuers Specialized inspection decision issuers have the following tasks and powers: a/ To direct, examine and supervise inspection teams in strictly complying with inspection decisions: b/ To request inspected subjects to provide information and documents, report in writing or explain matters related to inspection contents; to request agencies, organizations and individuals that have information and documents related to inspection contents to provide these information and documents; c/ To solicit assessment of matters related to inspection contents; d/ To request credit institutions at which inspected subjects have accounts to blockade these accounts in service of the inspection when having grounds to believe that inspected subjects have committed acts of asset dispersal, fail to comply with decisions of heads of state inspection agencies, agencies assigned to perform the specialized inspection function or state management agencies on money and asset recovery: e/ To suspend or recommend competent persons to stop acts when finding that these acts cause serious damage to the interests of the State and the legitimate rights and interests of agencies, organizations and individuals; f/ To propose competent persons to suspend the execution of decisions on disciplining, transfer to other jobs or retirement of persons who are cooperating with stale inspection agencies or agencies assigned to perform the specialized inspection function or are being inspected when finding that the execution of these decisions may obstruct the inspection; g/ To recommend competent persons to suspend from work and handle cadres, civil servants and public employees who intentionally obstruct the inspection or fail to comply with inspection requests, recommendations or decisions; h/ To decide on handling according to their competence or recommend competent persons to handle inspection results; to inspect and urge the execution of inspection handling decisions; i/ To decide on recovering money and assets which are appropriated, illegally used or lost due to law violations of inspected subjects; j/ To settle complaints and denunciations related to the responsibilities of heads and other members of inspection teams; k/ To dismiss or replace heads or members of inspection teams who fail to satisfy inspection requirements or tasks or commit law violations or are relatives of inspected subjects or cannot, for other objective reasons, perform their inspection tasks; l/ To make conclusions on inspection contents; m/ To transfer dossiers of cases of law violation to investigative agencies when detecting their criminal signs, and concurrently notify such in writing to the procuracies of the same level When finding it unnecessary to apply the measures specified at Points d c f g and h Clause I of this Article, inspection decision issuers may decide on or propose the immediate cancellation of the application of such measures When performing the tasks and powers specified in Clause I of this Article, inspection decision issuers shall be held responsible before law for their acts and decisions Article 56 Inspection duration, time limits for sending and announcing inspection decisions, reporting inspection results and specialized inspection conclusions The inspection duration, time limit for sending inspection decisions, period from the date of signing inspection decisions to the date of announcing inspection decisions, or repotting inspection results and specialized inspection conclusions shall be stipulated by the Government Section 4: RIGHTS AND OBLIGATIONS OF INSPECTED SUBJECTS Article 57 Rights of inspected subjects Inspected subjects have the following rights: a/ To explain matters related to inspection contents; b/ To complain about decisions or acts of inspection decision issuers, inspection team heads, inspectors, persons assigned to perform the specialized inspection task, inspection collaborators or other members of inspection teams in the course of inspection; to complain about inspection conclusions or inspection-related handling decisions under the law on complaints; c/ To claim damages under law Individuals being inspected subjects have the right to denounce law-breaking acts of inspection decision issuers, inspection team heads, inspectors, persons assigned to perform the specialized inspection task, inspection collaborators and other members of inspection teams under the law on denunciations Articled 58 Obligations of inspected subjects To comply with inspection decisions To promptly, sufficiently and accurately provide information and documents at the request of inspection decision issuers, inspection team heads, inspectors, persons assigned to perform the specialized inspection task, inspection collaborators and other members of inspection teams, and be held responsible before law for the accuracy and truthfulness of provided information and documents To comply with inspection requests, recommendations and conclusions and handling decisions of inspection decision issuers, inspection team heads, inspectors, persons assigned to perform the specialized inspection task, inspection collaborators, other members of inspection teams and competent state agencies Section 5: INSPECTION DOSSIERS, RESPONSIBILITIES OF INVESTIGATIVE AGENCIES Article 59 Inspection dossiers Inspections shall be recorded in dossiers A dossier of inspection conducted by an inspection team comprises: a/ Inspection decision; written record of the inspection; reports and explanations of inspected subjects; report on inspection results; b/ Inspection conclusions; c/ Documents on the handling or recommendations for handling; d/ Other relevant documents For an independent inspection, an inspection dossier comprises: a/ Documents on assignment of inspection tasks; b/ Written record of the inspection (if any); c/ Handling decisions or written recommendations for handling; d/ Other relevant documents The compilation, management and use of inspection dossiers comply with law Article 60 Responsibilities of investigative agencies Investigative agencies shall receive dossiers of law violation cases specified at Point n, Clause 1, Article 48, and Point m Clause 1, Article 55 of this Law and process them under the criminal procedure law Within 20 days after receiving dossiers, investigative agencies shall notify in writing the processing thereof to agencies performing the inspection function For cases involving complicated details and circumstances, the reply time limit may be prolonged but must not exceed 60 days Past that time limit, if agencies performing the inspection function receive no written notices from investigative agencies, they may request the procuracies of the same level and superior investigative agencies to process these dossiers Chapter V CONDITIONS FOR OPERATION OF STATE INSPECTION AGENCIES Article 61 Operation funding of state inspection agencies Operations of state inspection agencies arc funded by the state budget The management, allocation and use of budget funds of state inspection agencies comply with the law on the state budget Article 62 Investment in modernization of inspection activities The State shall adopt policies to invest in and develop information technology and other facilities for the organization and operation of state inspection agencies Article 63 Regimes and policies for inspectors Regimes, policies, wages, allowances, uniform expenses and special regimes for inspectors shall be stipulated by the Government Article 64 Inspector's cards Inspector's cards shall be granted by the Government Inspector General to inspectors for use while performing their inspection tasks The form of inspector's card and its use regime shall be stipulated by the Government Inspector General Chapter VI PEOPLE'S INSPECTORATE Section GENERAL PROVISIONS Article 65 Organization of People's Inspectorate People's Inspectorate is organized in the form of people's inspection boards People's inspection boards are set up in communes, wards, townships, state agencies, public nonbusiness units and state enterprises Article 66 Tasks of people's inspection boards People's inspection boards are tasked to supervise the implementation of policies and laws, the settlement of complaints and denunciations and the implementation of the law on grassroots democracy by responsible agencies, organizations and individuals in their communes, wards, townships, state agencies, public non-business units and state enterprises Article 67 Powers of people's inspection boards Upon detecting signs of law violation, to recommend competent persons to handle them under law and supervise the implementation of their recommendations When necessary, to be assigned by chairpersons of commune-level People's Committees or heads of state agencies, public non-business units and state enterprises to verify certain cases To recommend chairpersons of commune-level People's Committees or heads of state agencies, public non-business units and state enterprises to redress loopholes or mistakes detected through the supervision; to guarantee legitimate rights and interests of citizens and laborers, and praise units and individuals that record achievements Upon detecting law violators, to recommend competent agencies and organizations to examine and handle them Section 2: PEOPLE'S INSPECTION BOARDS IN COMMUNES WARDS AND TOWNSHIPS Article 68 Organization of" people's inspection boards in communes, wards and townships People's inspection boards in communes, wards and townships shall be elected by people's conferences or people's representatives' conferences in villages, hamlets or street population groups Depending on geographical area and population size of a commune, ward or township a people inspection board may be composed of between and 11 members Members of people's inspection boards must not be incumbent cadres of commune-level People's Committees A term of office of people's inspection boards in communes, wards and townships is years During the term of office, people's inspection board members who fail to fulfill their tasks or are no longer trusted by the people shall be dismissed and replaced by others elected by people's conferences or people's delegates' conferences which have elected them at the request of commune, ward or township Vietnam Fatherland Front Committees Article 69 Operation of people's inspection boards in communes, wards and townships People's inspection boards in communes, wards and townships shall directly submit to the operation direction by Vietnam Fatherland Front Committees of the same level People's inspection boards shall base themselves on resolutions of People's Councils of communes, wards and townships and programs of action and directions of Vietnam Fatherland Front Committees of communes, wards and townships to set forth orientations and plans for their operation People's inspection boards shall report on their operations to Vietnam Fatherland Front Committees of communes, wards and townships When necessary, heads of people's inspection boards may be invited to attend meetings of People's Councils People's Committees and Vietnam Fatherland Front Committees of communes, wards or townships Article 70 Responsibilities of commune-level People's Committees To notify people's inspection boards of major policies and laws related to organization, operation and tasks of commune-level People's Councils and People's Committees: on annual socio-economic development objectives and tasks of localities To request related organizations and individuals to fully and promptly provide necessary information and documents to people's inspection boards To examine and promptly settle recommendations of people's inspection boards, and notify handling results within 15 days after receiving these recommendations; to handle persons who obstruct operation of people's inspection boards or persons who take revenge on or bully members of people's inspection boards To notify people's inspection boards of results of the settlement of complaints and denunciations, or the implementation of the law on grassroots democracy To provide funds or facilities to support people's inspection boards to operate under law Article 71 Responsibilities of Vietnam Fatherland Front Committees of communes, wards and townships To guide the organization of people's conferences or people's representatives' conferences in villages, hamlets and street population groups for electing people's inspection boards To issue documents recognizing people's inspection boards and notify the recognition to Peoples Councils and People's Committees of the same level and local people: to organize meetings of people's inspection boards for electing the boards' heads, deputy heads and assigning tasks to each member To guide people's inspection boards in working out their working programs and activities; to periodically hear reports on operation of people's inspection boards; to urge the settlement of recommendations of people's inspection boards To encourage local people to support, cooperate and participate in activities oi people's inspection boards To certify written records and recommendations of people's inspection boards Section 3: PEOPLE'S INSPECTION BOARDS IN STATE AGENCIES, PUBLIC NONBUSINESS UNITS AND STATE ENTERPRISES Article 72 Organization of people's inspection boards in state agencies, non-business units and stale enterprises People's inspection boards in state enterprises, non-business units and state enterprises shall be elected by employees' conferences or employees' representatives' conferences A people's inspection board is composed of between and members being workers and employees in a state agency, non-business unit or state enterprise A term of office of people's inspection boards is years During the term of office, the people's inspection board members who fail to accomplish their tasks or are no longer trusted shall be dismissed and replaced by others elected by the employees' conferences or employees representatives' conferences at the proposal of grassroots Trade Union Executive Committees Article 73 Operation of people's inspection boards in state agencies, non-business units and state enterprises People's inspection boards in state agencies, non-business units and state enterprises shall directly submit to the operation direction by grassroots Trade Union Executive Committees Based on resolutions of employees' conferences or employees' representatives' conferences of state agencies, non-business units of State enterprises, and directions of grassroots Trade Union Executive Committees, people's inspection boards shall work out quarterly and annual working programs People's inspection boards shall report on their operations to grassroots Trade Union Executive Committees, employees' conferences or employees" representatives" conferences of state agencies, non-business units or state enterprises Article 74 Responsibilities of heads state agencies, non-business units and state enterprises To notify people's inspection boards of regimes, policies and other necessary information; to ensure the interests of members of people's inspection boards when these members perform their tasks To request units and individuals under their management to promptly and sufficiently provide information and documents directly related to supervision contents for people's inspection boards to perform their tasks To examine and promptly settle recommendations of people's inspection boards; to notify settlement results within 15 days after receiving these requests; to handle persons who obstruct operations of people's inspection boards or persons who take revenge on or bully members of people's inspection boards To notify people's inspection boards of results of settlement of complaints and denunciations, or the implementation of the law on grassroots democracy To provide funds or facilities to support people's inspection boards to operate under law Article 75 Responsibilities of grassroots Trade Union Executive Committees To coordinate with heads of their state agencies, non-business units or state enterprises in organizing employees conferences or employee representatives' conferences to elect people's inspection boards To issue documents recognizing people's inspection boards and notify such recognition to cadres, workers and employees in their state agencies, non-business units or state enterprises; to organize meetings of people's inspection boards for electing their heads, deputy heads and assigning tasks to each member To guide people's inspection boards in working out their working programs and activities; to periodically hear reports on operation results and settle recommendations of people's inspection boards To encourage laborers in state agencies, non-business units and state enterprises to support and participate in activities of people's inspection boards To certify written records and recommendations of people's inspection boards Chapter VII IMPLEMENTATION PROVISIONS Article 76 Inspection activities in other state agencies; inspection organization and activities in the People's Army, the People's Public Security and the State Bank of Vietnam In pursuance to the provisions of this Law and other relevant laws, the Supreme People's Court, the Supreme People's Procuracy, the State Audit and other state agencies shall, within the ambit of their tasks and powers, organize and direct inspection activities in their sectors or agencies Inspection organization and activities in the People's Anny and the People's Public Security shall be stipulated by the Government Inspection organization and activities in the State Bank of Vietnam comply with this Law and the banking law Article 77 Effect This Law takes effect on July 1, 2011 Law No 22/2004/QH11 on Inspection ceases to be effective on the effective date of this Law Article 78 Implementation detailing and guidance The Government and other competent agencies and organizations shall detail and guide the implementation of articles and clauses of this Law as assigned: and guide other necessary contents of this Law to meet state management requirements This Law was passed on November 15, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session - CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Phu Trong ... complained subject means a state administrative agency or a competent person in this agency that has issued an administrative decision or committed an administrative act which is complained; a competent... administrative decisions or administrative acts in public non-business units and state enterprises comply with this Law The Government shall specify this Clause Based on this Law, competent bodies of... ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS Section COMPLAINTS Article Order of making a complaint When having grounds to believe that an administrative decision or administrative act