Thông tư 03/2025/TT-TTCP hướng dẫn chức năng, nhiệm vụ, quyền hạn của Thanh tra tỉnh, thành phố trực thuộc Trung ương do Tổng Thanh tra Chính phủ ban hành

CIRCULAR

GUIDANCE ON FUNCTIONS, DUTIES AND POWERS OF INSPECTORATES OF CITIES AND PROVINCES

Pursuant to the Government’s Decree No. 109/2025/ND-CP dated May 20, 2025 on functions, tasks, powers and organizational structure of the Government Inspectorate;

Pursuant to the Government’s Decree No. 141/2025/ND-CP dated June 12, 2025 on distinction of powers of two-level local governments under the state management of the Government Inspectorate;

Pursuant to the Government’s Decree No. 150/2025/ND-CP dated June 12, 2025 on organization of specialized authorities affiliated to People’s Committees of provinces and central-affiliated cities and People’s Committees of communes, wards and special zones of provinces and central-affiliated cities;

At the request of Directors of Department of Organization and Personnel and Department of Legal Affairs;

The Inspector-General promulgates Circular on guidance on functions, duties and powers of inspectorates of cities and provinces.

Article 1. Scope and regulated entities

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Article 2. Position

1. The provincial inspectorate is a specialized authority affiliated the People's Committee of a province or city (hereinafter referred to as “provincial People's Committee”) and has juridical person, its own seal and account. The provincial inspectorate is subject to the direction and administration by the Chairperson of the provincial People's Committee and the direction and inspection by the Government Inspectorate in terms of inspection and professional guidelines.

2. The provincial inspectorate consists of chief inspector, deputy chief inspectors, inspectors and other public employees.

The provincial chief inspector is the head of the provincial inspectorate, takes responsibility to the provincial People's Committee, the Chairperson of the provincial People's Committee and the law for the performance of functions, duties and powers of the provincial inspectorate, and of the provincial chief inspector and performs duties and exercises powers according to working regulations and as assigned by the provincial People's Committee.

Article 3. Functions

The provincial inspectorate assists the provincial People's Committee in state management of inspection, reception of citizens, resolution of complaints and denunciations and anti-corruption; conducts inspections under the state management of the provincial People's Committee; receives citizens, resolves complaints and denunciations and prevents corruption and wastefulness in accordance with regulations of law.

Article 4. General duties and powers

1. Submit draft directive documents, programs, and plans for organization of the performance of duties related to inspection, reception of citizens, resolution of complaints and denunciations, and prevention of corruption and wastefulness; draft other documents when assigned to the provincial People's Committee.

2. Submit draft documents on inspection, reception of citizens, resolution of complaints and denunciations, and prevention of corruption and wastefulness to the Chairperson of the provincial People's Committee within his/her promulgation jurisdiction when assigned.

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4. Instruct and urge Chairpersons of People's Committees of communes, wards or special zones (hereinafter referred to as “Chairpersons of commune-level People's Committees), heads of specialized authorities, other administrative organizations, public service providers affiliated to the provincial People's Committee to enforce laws on reception of citizens, resolution of complaints and denunciations and prevention of corruption and wastefulness and inspect the enforcement of laws by such persons.

5. During inspection, reception of citizens, resolution of complaints and denunciations and prevention of corruption and wastefulness, exercise powers of the provincial inspectorate as per law; request relevant authorities and units to appoint persons to participate in inspectorates, unions or teams in charge of resolution of complaints and denunciations.

6. Cooperate with the Department of Home Affairs to request the provincial People's Committee to decide the organizational structure of the provincial Inspectorate to make sure that there are enough specialized and professional divisions to fully perform functions and duties in terms of  inspection, supervision, appraisal, monitoring, post-inspection settlement, reception of citizens, resolution of complaints and denunciations, and prevention of corruption and wastefulness within its province in accordance with the law.

7. Issue regulations on functions, duties and powers of divisions affiliated to the provincial inspectorate; manage personnel and civil servants, and implement incentive, commendation and discipline policies applicable to civil servants under the management of the provincial inspectorate as per law and as delegated by the provincial People's Committee.

8. Give professional training to civil servants working for the provincial inspectorate; provide refresher training in reception of citizens, processing of petitions, resolution of complaints and denunciations, and prevention of corruption and wastefulness for cadres and civil servants in the province when assigned by the Chairperson of the provincial People's Committee.

9. Organize research and promote application of science and technology, and digital transformation; build database to serve state management and professional operations that have been assigned.

10. Request commune-level People's Committees, authorities, organizations and units affiliated to the provincial People's Committee to report reception of citizens, resolution of complaints and denunciations and prevention of corruption and wastefulness and results thereof.

11. Conduct preliminary and final reviews and draw on experience in inspection, reception of citizens, resolution of complaints and denunciations and prevention of corruption and wastefulness; disseminate information and prepare a consolidated report on results of inspection, resolution of complaints and denunciations and prevention of corruption and wastefulness as per law.

12. Conduct international cooperation in inspection, reception of citizens, resolution of complaints and denunciations and prevention of corruption and wastefulness as per law and as assigned or authorized by the provincial People's Committee and the Government Inspectorate.

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14. Perform other duties assigned by the provincial People's Committee as per law.

Article 5. Duties and powers in the inspection field

1. Formulate a draft inspection plan and submit it to the Chairperson of the provincial People's Committee for consideration and opinions; issue an inspection plan and send it to the Chairperson of the provincial People's Committee, the Government Inspectorate, the State Audit Office, relevant authorities and organizations and notify the inspectee; organize the implementation of the inspection plan.

2. Inspect the implementation of policies, laws, duties and powers by authorities, organizations and units affiliated to the provincial People's Committee; commune-level People's Committees; units and individuals under specialized authorities affiliated to the provincial People's Committee and commune-level People's Committees; inspect the compliance with laws under the state management of specialized authorities affiliated to the provincial People's Committee; inspect the management and use of state capital and assets at enterprises of which the ownership is represented by the provincial People's Committee, except for the case where the Government Inspectorate conducts inspections.

3. Inspect cases within the jurisdiction when signs of violations against law are detected; inspect other cases when assigned by the Chairperson of the provincial People's Committee.

4. Monitor, urge and inspect the implementation of conclusions and recommendations given by the provincial inspectorate, and inspection-related decisions issued by the Chairperson of the provincial People's Committee and the provincial chief inspector; request the Heads of authorities and units affiliated to the provincial People's Committee and the Chairperson of commune-level People's Committees to consider conducting rectification and taking remedial measures against violations detected through inspection.

5. Recommend competent persons to amend and issue documents in accordance with management requirements; propose suspension, annulment, or abolition of illegal regulations detected through inspection; request the Chairperson of the provincial People's Committee to resolve issues related to inspection.

Article 6. Duties and powers in the fields of reception of citizens and resolution of complaints and denunciations

1. Instruct commune-level People's Committees, authorities, organizations and units affiliated to the provincial People's Committee to receive citizens, process petitions, and resolve complaints and denunciations.

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3. Conduct verification, report verification results and recommend measures to resolve complaints and denunciations within the jurisdiction of the Chairperson of the provincial People's Committee when assigned.

4. Monitor, urge and inspect resolution of complaints by authorities under the management of the Chairperson of the provincial People's Committee; recommend the Chairperson of the provincial People's Committee or competent persons to apply necessary measures to terminate violations, consider responsibilities and handle persons committing violations against regulations on complaints.

5. Consider resolution of denunciations that have been resolved by Chairpersons of commune-level People's Committees, heads of specialized authorities affiliated to the provincial People's Committee and holders of equivalent titles but there are signs of violations against law; in case there is ground to believe that the resolution of denunciations violates the law, propose the Chairperson of the provincial People's Committee to consider re-resolving denunciations according to regulations.

6. Monitor, urge and inspect the execution of decisions on resolution of complaints, conclusion of denunciations, and decisions on settlement of denunciations by the Chairperson of the provincial People's Committee when assigned.

7. Receive and process petitions; resolve complaints and denunciations within the jurisdiction as per law.

Article 7. Duties and powers in the fields of prevention of corruption and wastefulness

1. Inspect the implementation of regulations of laws on prevention of corruption and wastefulness by commune-level People's Committees and authorities, organizations and units affiliated to the provincial People's Committee.

2. Cooperate with the State Audit Office, Investigation Authorities, People's Procuracies, People's Courts in preventing, detecting and handling acts of corruption and wastefulness.

3. Inspect cases showing signs of corruption involved in persons working at authorities, organizations, units, and state-owned enterprises under the management of local governments, except for cases within the jurisdiction of the Government Inspectorate.

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5. Inspect the compliance with laws on anti-corruption by public companies, credit institutions, and social organizations according to regulations of laws on anti-corruption.

6. Conduct internal inspection and supervision so as to prevent acts of corruption and wastefulness during operations of the provincial inspectorate.

Article 8. Effect

1. This Circular takes effect from the date on which it is signed.

2. This Circular replaces the Circular No. 02/2023/TT-TTCP dated December 22, 2023 of the Government Inspectorate.

Article 9. Responsibility for implementation

1. Provincial People's Committees and Chairpersons of provincial People's Committees shall be responsible for directing and organizing the implementation of this Circular.

2. Difficulties that arise during the implementation of this Circular or amendments should be reported to the Government Inspectorate for consideration and settlement./.

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PP. INSPECTOR-GENERAL
DEPUTY INSPECTOR GENERAL




Le Tien Dat