The Government has just issued Decree 164/2024/ND-CP regulating the organization and operation of the People's Public Security Inspectorate.
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.
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.
Decree 164/2024/ND-CP also specifically stipulates the basis for issuing inspection decisions.
Accordingly, the decision to inspect must have one of the following bases: Annual inspection plan of the Ministry of Public Security and the local or unit Public Security; Request of the competent Chief of Public Security;
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;
Requirements for handling complaints, denunciations, preventing and combating corruption and negativity of the People's Public Security force; Other grounds as prescribed by law.
Decree 164/2024/ND-CP specifically stipulates the contents of inspection.
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.
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 the direction of the Chief of Police at the same level, the person issuing 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 a copy thereof in accordance with the provisions and disclose the contents that do not contain state secrets.
Decree 164/2024/ND-CP takes effect from February 10, 2025.