(CPV) - The Government has just issued Decree 164/2024/ND-CP dated December 25, 2024 regulating the organization and operation of the People's Public Security Inspectorate. The Decree takes effect from February 10, 2025.
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Regarding the functions of the People's Public Security Inspectorate, Decree 164/2024/ND-CP clearly states: Within the scope of its tasks and powers, the People's Public Security Inspectorate assists the Chief of Public Security at the same level in performing state management of inspection work, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negativity; conducting inspections, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negativity according to the provisions of law.
The agency performing the function of People's Police inspection
Decree 164/2024/ND-CP stipulates the agencies performing inspection functions in the People's Public Security, which are divided into 2 groups: People's Public Security inspection agencies and specialized and part-time inspectors.
Specifically, the People's Public Security Inspectorate includes:
- Inspectorate of the Ministry of Public Security (hereinafter referred to as the Inspectorate of the Ministry);
- Inspectorate of Public Security of provinces and centrally-run cities (hereinafter referred to as Inspectorate of Public Security of provinces);
- Inspector of the Police Department managing prisons, compulsoryeducation facilities, and reform schools; Inspector of the Fire Prevention, Fire Fighting, and Rescue Police Department (hereinafter referred to as the Inspector of the Department).
District, town, county, city police under provinces, cities under centrally-run cities and police units with 200 or more officers and soldiers shall arrange full-time inspectors; police units with less than 200 officers and soldiers shall arrange part-time inspectors.
The number of full-time inspectors and part-time inspectors at units is decided by the Head of the unit.
2 forms of inspection
Regarding the form of inspection, Decree 164/2024/ND-CP stipulates: People's Public Security inspection activities are carried out according to plan or unexpectedly.
Basis for inspection decision
Decree 164/2024/ND-CP also specifically stipulates the grounds for issuing inspection decisions. Accordingly, the issuance of inspection decisions must have one of the following grounds:
a) Annual inspection plan of the Ministry of Public Security and local and unit police;
b) Request of competent Chief of Police;
c) When detecting signs of law violations in the activities of agencies, organizations and individuals under the authority and management scope of the Ministry of Public Security;
d) Requirements for handling complaints, denunciations, preventing and combating corruption and negativity of the People's Public Security force;
d) Other grounds as prescribed by law.
Inspection period not exceeding 45 days
The inspection conducted by the Ministry Inspectorate or the Department Inspectorate shall not exceed 45 days. In complicated cases or in mountainous, border, island, remote or difficult-to-access areas, the inspection period may be extended once for no more than 30 days.
The inspection conducted by the Provincial Police Inspectorate shall not exceed 30 days. In complicated cases or in mountainous, border, island, remote or difficult-to-access areas, the inspection period may be extended once for no more than 15 days.
Extension of inspection period is implemented according to regulations in Article 48 of the Law on Inspection.
Inspection content
Decree 164/2024/ND-CP specifically stipulates the inspection content:
Contents of administrative inspection : Inspection of the implementation of policies, laws, assigned tasks and powers of the subjects specified in Clause 1, Article 4 of this Decree.
Specialized inspection content: Inspection of law compliance by agencies, organizations and individuals under the state management of national security protection, ensuring social order and safety of the Ministry of Public Security according to the provisions of law.
Public inspection results
Based on the inspection results report, appraisal results report and explanatory documents, comments (if any), the person making the inspection decision directs the completion of the draft inspection conclusion, reports and asks for opinions from the Chief of Police at the same level on the draft inspection conclusion.
No later than 30 days from the date of receiving instructions from the Chief of Police at the same level, the person making the inspection decision must complete and issue the inspection conclusion.
The disclosure of inspection conclusions shall be carried out in accordance with the provisions of Article 79 of the Law on Inspection. For inspection conclusions containing state secrets, the person issuing the inspection decision shall make copies thereof in accordance with the provisions and disclose the contents that do not contain state secrets.
Source: https://dangcongsan.vn/phap-luat/nghi-dinh-quy-dinh-ve-to-chuc-va-hoat-dong-cua-thanh-tra-cong-an-nhan-dan-687474.html
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