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THE NATIONAL ASSEMBLY OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 11/2022/QH15 |
Hanoi, November 14, 2022 |
LAW
INSPECTION
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Inspection.
GENERAL PROVISIONS
This Law elaborates organization and activities of inspection.
For the purposes of this Law, the terms below are construed as follows:
1. Inspection means examination, assessment and handling of inspection-conducting authorities for implementation of policies and laws, performance of tasks and exercise of powers of agencies, organizations and individuals according to procedures as specified by the law Inspection includes administrative inspection and specialized inspection.
2. Administrative inspection means inspection of implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers of agencies, organizations and individuals under management of the state agencies.
3. Specialized inspection means inspection of the observance of specialized laws, professional-technical regulations and management rules of agencies, organizations and individuals under management according to sectors and domains.
4. Inspection program orientation means a document on orientations and focus on inspection in a year, approved by the Prime Minister upon the request of the Inspector General of the Government Inspectorate.
5. Annual inspection plan means a document on major tasks in inspection in a year that has been issued by the competent state agency for implementation of the inspection program orientations and management requirements.
6. Detailed inspection plan means a plan to conduct an inspection made by the chief of the inspectorate and approved by the person who makes decision on inspection.
7. Inspection scope means specific limit on contents of inspection, inspected entities and period of inspection specified in the decision on inspection.
8. Inspection contents include implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers, professional-technical regulations and management rules of the sectors and domains of inspected entities and relevant agencies, organizations and individuals.
9. Inspected entity mean an agency, organization or individual that undergoes inspection specified in the decision on inspection.
10. Inspection period means the duration of implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers, professional-technical regulations and management rules of the sectors and domains of inspected entities under consideration and assessment in an inspection.
11. Duration of inspection means the duration which lasts from the date of declaration of the decision on inspection to the date of completion of the direct inspection.
12. Inspection conclusion means a document signed and issued by the head of the inspection-conducting authority to assess, conclude and make recommendations on the inspected contents.
13. Appraisal of the draft inspection conclusions means consideration and assessment to make comments and recommendations for improvement of the draft inspection conclusions.
14. Supervision of operation of an inspectorate means monitoring, consideration and assessment of the observance of the law, the compliance with ethical standards, code of conduct, the sense of discipline and the performance of the assigned tasks by the chief and other members of the inspectorate throughout the duration of inspection.
15. Inspection-related decisions include the decisions of inspection-conducting persons to exercise the rights in inspection and the decision of the head of the competent state management agency or the head of the inspection-conducting authority to make inspection conclusions.
16. Inspection-conducting persons include the person who issues the decision on inspection, the chief and other members of the inspectorate.
17. Inspection-conducting authority includes an inspection authority and a specialized authority assigned to conduct inspection.
18. An inspection authority means an authority established under this Law and other relevant laws. The inspection authority shall conduct inspection, receive citizens, settle complaints and denunciations, and organize anti-corruption in accordance with the law.
19. Specialized authority assigned to conduct inspection means an authority performing state management in specific sectors or domains, assigned to conduct specialized inspection.
20. Person assigned to perform specialized inspection means a person assigned to perform inspection of the specialized authority assigned to conduct inspection.
Article 3. Purposes of inspection
Inspection aims to detect limitations and shortcomings in management mechanisms, policies and laws, then recommend solutions and remedies to competent state agencies; prevent, detect and handle law violations; assist agencies, organizations and individuals in properly observing law; promote positive factors; contribute to raising the efficiency and effectiveness of state management; and protect the interests of the State and the rights and legal interests of agencies, organizations and individuals.
Article 4. Principles of inspection
1. Compliance with law and assurance about accuracy, objectiveness, transparency, democracy and promptness.
2. No obstruction to normal operations of inspected entities and other agencies, organizations and individuals.
3. No duplication in the scope and duration of inspection among inspection authorities, between inspection authorities and state audit agencies; no duplication in exercise of the rights in case of inspection.
Article 5. Functions of inspection authorities
The inspection authority shall, within the scope of its tasks and powers, assist competent state agencies in performing the state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; and inspect, receive citizens, settle complaints and denunciations and organize anti-corruption in accordance with regulations of the law.
Article 6. Responsibilities of the heads of state management agencies for inspection and examination
1. The heads of state management agencies shall, within the scope of their tasks and powers, organize and direct inspection and examination in order to ensure the effectiveness and efficiency of state management.
2. The heads of state management agencies shall regularly examine the performance of the assigned tasks and powers of agencies, organizations and individuals under their management; the observance of policies and laws of agencies, organizations and individuals in the sectors and domains under their responsibilities to ensure the effectiveness and efficiency of state management.
During the inspection, the heads of state management agencies shall, in case of detection of violations, adopt or request competent state agencies to adopt measures as prescribed by law to promptly handle violations; request competent agencies to conduct inspection, if necessary; in case criminal offences are suspected, propose prosecution and transfer the relevant documents and case files to the investigation agencies for consideration and decision on the prosecution of criminal cases in accordance with regulations of the law.
3. The Prime Minister, ministers and the heads of ministerial-level agencies (hereinafter referred to as “ministers”), the heads of Governmental agencies, the presidents of the People's Committees of provinces, the heads of specialized agencies under the People's Committees of provinces, the presidents of the People's Committees of districts and heads of other state management agencies shall, within the scope of their tasks and powers, organize and direct inspection and promptly handle conclusions and recommendations on inspection contents and take responsibilities to the law for their decisions.
1. The inspection-conducting authority shall, within the scope of their tasks and powers, cooperate with the Public Security, the People’s Procuracy, state audit agencies, relevant agencies and organizations and competent persons in preventing, detecting and handling law violations.
2. The investigation agency and the People’s Procuracy shall, within the scope of their tasks and powers, consider proposal for prosecution of criminal cases from the inspection-conducting authority and reply in writing on handling of such proposal.
3. Relevant agencies, organizations and individuals shall comply with requests, recommendations of the inspection-conducting authority and inspection-related decisions; and reply in writing on their compliance.
1. Abusing one's position or inspection powers to commit illegal acts and harass, or cause difficulties or troubles to inspected entities and other agencies, organizations and individuals; abusing powers in the process of inspection.
2. Conducting inspection beyond competence, contents of decision on inspection and detailed inspection plans that have been approved.
3. Intentionally refraining from issuance of decisions on inspection in case of detection of signs of violations that must be inspected according to regulations of the law; intentionally making untruthful conclusions; covering up inspected entities; making conclusions, decisions or taking actions against the law; failing to propose prosecution and transfer the files of cases with signs of criminal offences detected during inspection to the investigation agencies, which will decide whether to initiate prosecution in accordance with regulations of the law.
4. Giving, receiving or brokering bribes.
5. Disclosing information or documents related to inspection before publishing official conclusions.
6. Illegally intervening in inspection; falsifying inspection results, conclusions and recommendations.
7. Failing to provide information or documents, or promptly provide accurate or truthful information or documents; appropriating or destroying documents or material evidences related to inspection contents.
8. Opposing, obstructing, bribing, intimidating, taking revenge on or victimize inspection-conducting persons, supervisors, appraisers or persons who provide information or documents for the inspection-conducting authority; causing difficulties to inspection.
9. Committing other acts prohibited by law.
ORGANIZATION, TASKS AND POWERS OF INSPECTION-CONDUCTING AUTHORITIES
Article 9. Inspection-conducting authorities
1. Inspection authorities according to administrative divisions include:
a) Government Inspectorate;
b) Inspectorates of central-affiliated cities and provinces (hereinafter referred as ”provincial inspectorates”);
c) Inspectorates of districts, district-level towns and cities (hereinafter referred as ”district inspectorates”);
d) Inspection authorities at special administrative-economic units according to regulations of the National Assembly.
2. Inspection authorities according to the sectors and domains include:
a) Inspectorates of ministries and ministerial-level agencies (hereinafter referred to as “ministry inspectorates”);
b) Inspectorates of the Departments of the Ministries and equivalents agencies (hereinafter referred to as “sub-ministry inspectorates”);
c) Inspectorates of provincial-level departments.
3. Inspection authorities of Governmental agencies
4. Inspection authorities in the People's Army, the People's Public Security, the State Bank of Vietnam and cipher agencies of the Government.
5. Specialized authorities assigned to conduct inspection.
Section 1. GOVERNMENT INSPECTORATE
Article 10. Position and functions of Government Inspectorate
The Government Inspectorate is an agency of the Government which assists the Government in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption nationwide; and directly inspects, receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.
Article 11. Tasks and powers of the Government Inspectorate
1. The Government Inspectorate shall assist the Government in performing state management of inspection and have the following tasks and powers:
a) Develop policies and laws on inspection;
b) Develop inspection program orientations and submit them to the Prime Minister for approval;
c) Develop annual inspection plans of the Government Inspectorate; direct ministries, ministerial-level agencies (hereinafter referred to as “ministries”), Governmental agencies and the People's Committees of provinces to develop annual inspection plans;
d) Organize implementation and direct ministries, Governmental agencies and the People's Committees of provinces to organize the implementation of annual inspection plans;
dd) Inspect implementation of policies and laws, performance of tasks and exercise of powers of ministries, Governmental agencies and the People's Committees of provinces;
e) Inspect management of state capital and assets in state enterprises under assignment of the Prime Minister;
g) Inspect complicated cases related to management responsibilities of many ministries, Governmental agencies and the People's Committees of provinces;
h) Inspect other cases assigned by the Prime Minister;
i) Re-inspect cases which the conclusions have been made by ministry inspectorates, the inspection authorities of Governmental agencies or the provincial inspectorates in case of detection of signs of law violations.
k) Monitor, urge and examine the implementation of conclusions, recommendations and inspection-related decisions of the Prime Minister and the Government Inspectorate;
l) If necessary, examine the accuracy and lawfulness of conclusions on inspection of the ministry inspectorates, the inspection authorities of Governmental agencies or the provincial inspectorates and decisions on handling after inspection of the ministers, the heads of Governmental agencies or the presidents of the People's Committees of provinces.
m) Cooperate with the State Audit in handling overlaps and duplications between inspection and state audit; direct the ministry inspectorates and the provincial inspectorates to address duplications between inspection and state audit;
n) Direct inspection, carry out refresher training and provide professional guidance on inspection, grant certificates of inspector training;
o) Summarize and report the results of inspection.
2. Assist the Government in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.
3. Assist the Government in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.
Article 12. Tasks and powers of the Inspector General of the Government Inspectorate
1. The Inspector General of the Government Inspectorate is a member of the Government. The Inspector General shall be responsible to the National Assembly, the Government and the Prime Minister for inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption.
Deputy Inspectors General shall assist the Inspector General in performing duties under assignment of the Inspector General.
2. The Inspector General shall have the following tasks and powers:
a) Lead, direct and examine inspection within the scope of state management by the Government; direct the Government Inspectorate to perform its tasks and powers under this Law and other regulations of relevant laws;
b) Promulgate legislative documents according to its competence;
c) Submit inspection program orientations to the Prime Minister for approval; promulgate annual inspection plans prepared by the Government Inspectorate, organize and direct the implementation;
d) Decide inspection in case of detection of signs of law violation;
dd) Request ministers, the heads of Governmental agencies and the presidents of the People's Committees of provinces to decide inspection of cases with signs of law violation; in case the Ministers, the heads of Governmental agencies and the presidents of the People's Committees of provinces fail to decide inspection, the Inspector General shall issue decision on inspection or report to the Prime Minister for direction;
e) Decide re-inspection of cases which the conclusions have been made by the ministry inspectorates, the inspection authorities of Governmental agencies or the provincial inspectorates in case of detection of signs of law violation;
g) Handle overlaps and duplications between inspection and state audit; among inspection of inspection authorities specified in Clause 1, points b and d Clauses 2 and 3 of Article 55 of this Law;
h) Consider and settle inspection-related matters which opinions of the ministry chief inspectors are different from direction of ministers or opinions of the provincial chief inspectors are different from direction of the presidents of the People's Committees of provinces. In case the ministers and the presidents of the People's Committees of provinces disagree with the Inspector General, the Inspector General shall report to the Prime Minister for consideration and decision.
i) Recommend the ministers and the presidents of the People's Committees of provinces to terminate the implementation or annul legislative documents issued by those which are contrary to Constitution, laws, legal documents of superior state agencies or the Inspector General in case of detection via inspection. Request the Prime Minister to considerate and decide in case of refusal of recommendation;
k) Recommend the Prime Minister to terminate the implementation of a part or the whole of Resolution of the People's Council of province which is contrary to the Constitution, laws and legislative documents of superior state agencies in case of detection via inspection; report to the Prime Minister to request the Standing Committee of National Assembly to annul a part or the whole of Resolution of the People's Council of province which is contrary to the Constitution, laws and legislative documents of superior state agencies in case of detection via inspection;
l) Recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection, except for cases that have been recommended at points i and k of this Clause.
m) Request ministers, the heads of Governmental agencies and the presidents of the People's Committees of provinces to consider rectifying and correcting mistakes detected by the Government Inspectorate via inspection in sectors, domains and local areas under their management;
n) Recommend the Prime Minister, competent agencies and organizations to consider liability and handle individuals under the management of the Prime Minister, competent agencies and organizations, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions; request the heads of other agencies or organizations to consider liability and handle individuals under their management, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions.
Article 13. Organization of Government Inspectorate
1. The Government Inspectorate includes the Inspector General, Deputy Inspectors General, inspectors, officials and public employees.
2. The organization of Government Inspectorate shall comply with regulations of the law on organization of the Government and other regulations of relevant laws.
Section 2. MINISTRY INSPECTORATES
Article 14. Position and functions of ministry inspectorates
1. The ministry inspectorate is an agency of the Ministry, which assists the Minister in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; conducts administrative inspection for agencies, organizations and individuals under the management of the Ministry; performs specialized inspection in sectors under state management of the Ministry according to regulations of the Minister and ensures no duplications with the functions and tasks of sub-ministry inspectorates and other specialized authorities assigned to conduct inspection under the Ministry; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.
2. The ministry inspectorates shall be subject to the direction and management by the ministers and the direction of inspection, professional guidance by the Government Inspectorate.
Article 15. Tasks and powers of ministry inspectorates
1. The ministry inspectorates shall assist the ministers in performing state management of inspection and have the following tasks and powers:
a) Advise, develop and submit to the ministers for promulgation of regulations, guide and urge the implementation of regulations on organization and inspection under state management competence of ministries;
b) Develop draft plans for inspection of the ministries, guide the development of draft plans for inspection of sub-ministry inspectorates and other specialized authorities assigned to conduct inspection under the ministries to synthesize into annual inspection plans of the ministries for submission to the ministers for promulgation;
c) Organize implementation of annual inspection plans of ministry inspectorates; monitor, urge and examine implementation of annual inspection plans of sub-ministry inspectorates and other specialized authorities assigned to conduct inspection under the ministries
d) Conduct administrative inspection for agencies, organizations and individuals under the management of the ministers; conduct specialized inspection in the sectors under state management of the ministries, except for sectors that the sub-ministry inspectorates and other specialized authorities assigned to conduct inspection under the ministries have been assigned to implement;
dd) Inspect contents relevant to many sectors under state management of the ministries;
e) Inspect other cases assigned by the ministers;
i) Re-inspect cases which the conclusions have been made by sub-ministry inspectorates and other specialized authorities assigned to conduct inspection under the ministries; cases under state management of the ministries, which the conclusions have been made by inspectorates of provincial-level departments in case of detection of signs of law violations via consideration and handling of complaints, denunciations, recommendations and reflections;
h) Monitor, urge and examine the implementation of conclusions, recommendations of ministry inspectorates and inspection-related decisions of the ministers;
i) Examine the accuracy and lawfulness of conclusions on inspection of sub-ministry inspectorates and other specialized authorities assigned to conduct inspection under the ministries and decisions on handling after inspection of the presidents of the People's Committees of provinces with regard to cases under the management of the ministries, if necessary;
k) Provide professional guidance on inspection for sub-ministry inspectorates and other specialized authorities assigned to conduct inspection under the ministries, and inspectorates of provincial-level departments;
l) Summarize and report the results of inspection.
2. Assist the ministers in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.
3. Assist the ministers in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.
Article 16. Tasks and powers of ministry chief inspectors
The ministry chief inspectors shall have the following tasks and powers:
1. Lead, direct and examine inspection within state management of the ministries; direct the ministry inspectorates to perform their tasks and powers under this Law and other regulations of relevant laws;
2. Decide inspection in case of detection of signs of law violation;
3. Decide inspection of cases relevant to many sectors under state management of the ministries and assignment of the ministers;
4. Decide re-inspection of cases which the conclusions have been made by sub-ministry inspectorates and other specialized authorities assigned to conduct inspection under the ministries; cases under state management of the ministries which the conclusions have been made by inspectorates of provincial-level departments in case of detection of signs of law violations via consideration and handling of complaints, denunciations, recommendations and reflections;
5. Impose penalties for administrative violations or request competent persons to impose penalties for administrative violations in accordance with the law on handling of administrative violations;
6. Request the Director General and Directors to direct sub-ministry inspectorates, request the heads of other specialized authorities assigned to conduct inspection under the ministries to conduct inspections within the scope of management of such agencies. In case the heads of such agencies fail to comply with requests, the ministry chief inspectors shall report to the ministers for consideration and decision;
7. Handle overlaps and duplications among inspection of inspection authorities according to regulations of point g, Clause 2 Article 55 of this Law; report to the Inspector General of the Government Inspectorate for consideration and decision on handling of overlaps and duplications among inspection of inspection authorities as prescribed at Point d, Clause 2, Article 55 of this Law;
8. Consider and settle specialized inspection-related matters which opinions of the chief inspectors of provincial-level departments are different from those of the directors of provincial-level departments or opinions of the chief inspectors of sub-ministry inspectorates are different from those of General Director and Directors. If the Directors of Departments, General Director and Directors disagree with the settlement, the ministry chief inspectors shall report to the ministers for consideration and decision;
9. Recommend the ministers to terminate the implementation of decisions which are contrary to laws in state management of the ministries in case of detection via inspection under their competence;
10. Recommend the ministers to settle inspection-related matters;
11. Recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection;
12. Recommend the ministers to consider liability and handle individuals under the management of the ministers, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions; request the heads of other agencies or organizations to consider liability and handle individuals under their management, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions.
Article 17. Organization of ministry inspectorates
1. A ministry inspectorate includes the chief inspector, deputy chief inspectors, inspectors and other public employees.
The ministry chief inspector is appointed, dismissed, assigned, reassigned or seconded by the minister after collection of opinions from the Inspector General of the Government Inspectorate.
2. The organization of ministry inspectorates shall comply with regulations of the law on organization of the Government and other regulations of relevant laws.
Section 3. SUB-MINISTRY INSPECTORATES
Article 18. Positions and functions of sub-ministry inspectorates
1. The sub-ministry inspectorate is an agency of General Department or Department affiliated to the Ministry, which conducts specialized inspection within the scope of state management that the General Department or Department has been assigned to manage; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.
2. The sub-ministry inspectorate is established:
a) According to regulations of the law;
b) According to regulations of international treaties to which the Socialist Republic of Vietnam is a signatory;
c) At General Department or Department affiliated to the Ministry having authority over a large quantity of entities in sectors and industries that are complicated and important to socio-economic development according to regulations of the Government.
The establishment of sub-ministry inspectorates must not increase the number of focal points of affiliated units and the payroll of the General Department or Department affiliated to the Ministry.
3. The sub-ministry inspectorates shall be subject to the direction and management of Director General and Directors, the direction of inspection and professional guidance of ministry inspectorates.
Article 19. Tasks and powers of sub-ministry inspectorates
1. The sub-ministry inspectorates shall assist Director General and Directors in carrying out inspection and have the following tasks and powers:
a) Develop draft plans for inspection of sub-ministry inspectorates, report to Director General and Directors for consideration and decision before submission to ministry inspectorates to synthesize into annual inspection plans of the ministries;
b) Organize implementation of inspection of sub-ministry inspectorates in annual inspection plans of the ministries; specialized inspection for agencies, organizations and individuals within the scope of state management that General Department and Departments have been assigned to manage;
c) Inspect other cases assigned by the ministers, Director General and Directors;
d) Monitor, urge and examine the implementation of conclusions, recommendations of sub-ministry inspectorates and inspection-related decisions of the Director General and Directors;
dd) Summarize and report the results of inspection.
2. Perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.
3. Perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.
Article 20. Tasks and powers of sub-ministry chief inspectors
The sub-ministry chief inspectors shall have the following tasks and powers:
1. Lead, direct and examine inspection within the scope of management of General Department and Departments; direct the sub-ministry inspectorates to perform their tasks and powers under this Law and other regulations of relevant laws;
2. Decide inspection in case of detection of signs of law violation;
3. Impose penalties for administrative violations or request competent persons to impose penalties for administrative violations in accordance with the law on handling of administrative violations;
4. Report to Director General and Directors to recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection;
Article 21. Organization of sub-ministry inspectorates
1. An sub-ministry inspectorate includes the chief inspector, deputy chief inspectors, inspectors and other public employees.
The sub-ministry chief inspector is appointed, dismissed, assigned, reassigned or seconded by General Director or Director after collection of opinions from the ministry chief inspector.
2. The organization of sub-ministry inspectorates shall comply with regulations of the law on organization of the Government and other regulations of relevant laws.
Section 4. PROVINCIAL INSPECTORATES
Article 22. Position and functions of provincial inspectorates
1. The provincial inspectorate is an agency of the People's Committee of province, which assists the People's Committee of province in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; inspects within the scope of state management of the People's Committee of province; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.
2. The provincial inspectorate shall be subject to the direction and management of the president of the People's Committee of province and the direction of inspection, professional guidance of the Government Inspectorate.
Article 23. Tasks and powers of provincial inspectorates
1. The provincial inspectorates shall assist the People's Committees at the same level in performing state management of inspection and have the following tasks and powers:
a) Develop draft plans for inspection of provinces and central-affiliated cities (hereinafter referred to as “annual inspection plans of provinces”), direct the inspectorates of provincial-level departments and the district inspectorates to develop the draft plans for inspection to synthesize into the annual inspection plans of provinces for submission to the presidents of the People's Committees of provinces for promulgation;
b) Organize implementation of annual inspection plans of the provincial inspectorates; monitor, urge and examine implementation of annual inspection plans of the inspectorates of provincial-level departments and the district inspectorates
c) Inspect implementation of policies and laws, performance of tasks and exercise of powers of agencies, units of the People's Committees of provinces and the People's Committees of districts;
d) Inspect the management of state capital and assets at a state-owned enterprise whose ownership is represented by the provincial People's Committee when the president of the People's Committee of province assigns the provincial inspectorate to conduct inspection;
dd) Conduct administrative inspection and specialized inspection for agencies, organizations and individuals under the management of the departments that fail to establish inspection authorities;
e) Inspect other cases assigned by the presidents of the People's Committees of provinces;
g) Re-inspect cases which the conclusions have been made by the inspectorates of provincial-level departments and the district inspectorates in case of detection of signs of law violation;
h) Monitor, urge and examine the implementation of conclusions, recommendations of the provincial inspectorates and inspection-related decisions of the presidents of the People's Committees of provinces;
i) if necessary, examine the accuracy and lawfulness of conclusions on inspection of the inspectorates of provincial-level departments and the district inspectorates and decisions on handling after inspection of the directors of provincial-level departments, the presidents of the People's Committees of districts.
k) Provide professional guidance on inspection for the inspectorates of provincial-level departments and the district inspectorates; organize professional training for inspectors of provinces and central-affiliated cities;
l) Summarize and report the results of inspection.
2. Assist the People's Committees of provinces in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.
3. Assist the People's Committees of provinces in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.
Article 24. Tasks and powers of provincial chief inspectors
The provincial chief inspectors shall have the following tasks and powers:
1. Lead, direct and examine inspection within state management of the People's Committees of provinces; direct the provincial inspectorates to perform their tasks and powers under this Law and other regulations of relevant laws;
2. Decide inspection in case of detection of signs of law violation;
3. Request the directors of provincial-level departments and the presidents of the People's Committees of districts to direct the inspectorates of provincial-level departments and the district inspectorates to conduct inspection in case of detection of signs of law violations; in case the directors of provincial-level departments and the presidents of the People's Committees of districts fail to conduct inspection or the departments fail to establish inspection authorities, the provincial chief inspectors shall issue decisions on inspection or report to the presidents of the People's Committees of provinces for consideration and decision;
4. Re-inspect cases which the conclusions have been made by the inspectorates of provincial-level departments and the district inspectorates in case of detection of signs of law violation;
5. Impose penalties for administrative violations or request competent persons to impose penalties for administrative violations in accordance with the law on handling of administrative violations;
6. Request the directors of provincial-level departments and the presidents of the People's Committees of districts to consider rectifying and correcting mistakes detected by the provincial inspectorates via inspection in sectors, domains and local areas under their management;
7. Handle overlaps and duplications among inspection of the inspectorates of provincial-level departments specified in point i Clause 2 Article 55 of this Law;
8. Consider and settle administrative inspection-related matters which opinions of the chief inspectors of provincial-level departments are different from those of the directors of provincial-level departments or opinions of the district chief inspectors are different from those of the presidents of the People's Committees of districts. If the directors of provincial-level departments, the presidents of the People's Committees of districts disagree with the settlement of the provincial chief inspectors, the provincial chief inspectors shall report to the presidents of the People's Committees of provinces for consideration and decision;
9. Recommend the presidents of the People's Committees of provinces to settle inspection-related matters;
10. Recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection;
11. Recommend the presidents of the People's Committees of provinces to consider liability and handle individuals under the management of the presidents of the People's Committees of provinces, who commit violations that have been detected via inspection or fail to comply with conclusions and inspection-related decisions; request the heads of other agencies or organizations to consider liability and handle individuals under their management, who commit violations that have been detected via inspection or fail to comply with conclusions and inspection-related decisions.
Article 25. Organization of provincial inspectorates
1. A provincial inspectorate includes the chief inspector, deputy chief inspectors, inspectors and other public employees.
The provincial chief inspector is appointed, dismissed, assigned, reassigned or seconded by the president of the People's Committee of province after collection of opinions from the Inspector General of the Government Inspectorate.
2. The organization of provincial inspectorates shall comply with regulations of the law on organization of the Local Government and other regulations of relevant laws.
Section 5. INSPECTORATES OF PROVINCIAL-LEVEL DEPARTMENTS
Article 26. Position and functions of inspectorates of provincial-level departments
1. The inspectorate of provincial-level department is an agency of the department, which conducts inspection within the scope that the department is assigned to advise and assist the People's Committee of province in performing state management; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.
2. The inspectorate of provincial-level department is established:
a) According to regulations of the law;
b) At the department, which has a wide scope of management and complex requirement for specialized management according to the Government's regulations;
c) At the department, which is decided by the People's Committee of province according to the requirement for state management at province and the assigned payroll.
3. At the departments where the inspection authorities have not been established, the directors of provincial-level departments assigns the units of the departments to perform the tasks and powers to receive citizens, settle complaints and denunciations and organize anti-corruption.
4. The inspectorates of provincial-level departments shall be subject to the direction and management of the directors of provincial-level departments; the direction of inspection, professional guidance on administrative inspection of the provincial inspectorates; professional guidance on specialized inspection of the ministry inspectorates.
Article 27. Tasks and powers of inspectorates of provincial-level departments
1. The inspectorates of provincial-level departments shall assist the directors of provincial-level departments in conducting inspection and have the following tasks and powers:
a) Develop draft plans for inspection of inspectorates of provincial-level departments, report to the directors of provincial-level departments for consideration and decision before submission to the provincial inspectorates to synthesize into annual inspection plans of provinces;
b) Organize implementation of inspection of inspectorates of provincial-level departments in annual inspection plans of provinces; administrative inspection for units, individuals under the departments; specialized inspection for agencies, organizations and individuals within the scope that the departments have been assigned to advise and assist the People's Committees of provinces in performing state management;
c) Inspect other cases assigned by the directors of provincial-level departments;
d) Monitor, urge and examine the implementation of conclusions, recommendations of inspectorates of provincial-level departments and inspection-related decisions of the directors of provincial-level departments;
dd) Summarize and report the results of inspection.
2. Perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.
3. Perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.
Article 28. Tasks and powers of chief inspectors of provincial-level departments
The chief inspectors of provincial-level departments shall have the following tasks and powers:
1. Direct the inspectorates of provincial-level departments to perform their tasks and powers under this Law and other regulations of relevant laws;
2. Decide inspection in case of detection of signs of law violation;
3. Recommend the directors of provincial-level departments to terminate execution of the illegal decisions or acts of units or individuals under the departments;
4. Recommend the directors of provincial-level departments to settle inspection-related matters;
5. Impose penalties for administrative violations or recommend competent persons to impose penalties for administrative violations in accordance with the law on handling of administrative violations.
Article 29. Organization of inspectorates of provincial-level departments
1. An inspectorate of provincial-level department includes the chief inspector, deputy chief inspectors, inspectors and other public employees.
The chief inspector of provincial-level department is appointed, dismissed, assigned, reassigned or seconded by the director of provincial-level department after collection of opinions from the provincial inspectorate.
2. The organization of inspectorates of provincial-level departments shall comply with regulations of the law on organization of the Local Government and other regulations of relevant laws.
Section 6. DISTRICT INSPECTORATES
Article 30. Position and functions of district inspectorates
1. The district inspectorate is an agency of the People's Committee of district, which assists the People's Committee of district in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; inspects within the scope of state management of the People's Committee of district; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.
2. The district inspectorate shall be subject to the direction and management of the president of the People's Committee of district and the direction of inspection, professional guidance of the provincial inspectorate.
Article 31. Tasks and powers of district inspectorates
1. The district inspectorates shall assist the People's Committees at the same level in performing state management of inspection and have the following tasks and powers:
a) Develop draft plans for inspection of district inspectorates, report to the presidents of the People's Committees of districts for consideration and decision before submission to the provincial inspectorates to synthesize into annual inspection plans of provinces;
b) Perform tasks of the district inspectorates in annual inspection plans of provinces; inspect implementation of policies and laws, performance of tasks and exercise of powers of professional agencies of the People's Committees of districts and the People's Committees of communes;
c) Inspect other cases assigned by the presidents of the People's Committee of districts;
d) Monitor, urge and examine the implementation of conclusions, recommendations of the district inspectorates and inspection-related decisions of the presidents of the People's Committee of districts;
dd) Summarize and report the results of inspection.
2. Assist the People's Committees of districts in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.
3. Assist the People's Committees of districts in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.
Article 32. Tasks and powers of district chief inspectors
The district chief inspectors shall have the following tasks and powers:
1. Lead and direct inspection within state management of the People's Committees of districts; direct the district inspectorates to perform their tasks and powers under this Law and other regulations of relevant laws;
2. Decide inspection in case of detection of signs of law violations;
3. Recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection;
4. Recommend the presidents of the People's Committees of districts to settle inspection-related matters;
5. Recommend the presidents of the People's Committees of districts to consider liability and handle individuals under the management of the presidents of the People's Committees of districts, who commit violations that have been detected via inspection or fail to comply with conclusions and inspection-related decisions; request the heads of other agencies or organizations to consider liability and handle individuals under their management, who commit violations that have been detected via inspection or fail to comply with conclusions and inspection-related decisions;
6. Request the heads of professional agencies of the People's Committees of districts and the presidents of the People's Committees of communes to consider rectifying and correcting mistakes detected by the district inspectorates via inspection in sectors, domains and local areas under their management.
Article 33. Organization of district inspectorates
1. An district inspectorate includes the chief inspector, deputy chief inspectors, inspectors and other public employees.
The district chief inspector is appointed, dismissed, assigned, reassigned or seconded by the president of the People's Committee of district after collection of opinions from the provincial chief inspector
2. The organization of district inspectorates shall comply with regulations of the law on organization of the Local Government and other relevant laws.
Section 7. INSPECTION AUTHORITIES OF GOVERNMENTAL AGENCIES
Article 34. Establishment of inspection authorities of Governmental agencies
1. The Government considers and decides establishment of inspection authorities of Governmental agencies to:
a) Perform some tasks in state management;
b) Perform the assigned tasks in inspection by the law.
2. The organization of inspection authorities of Governmental agencies shall comply with regulations of the law on organization of the Government and other relevant laws.
Article 35. Tasks and powers of inspection authorities of Governmental agencies
1. The inspection authorities of Governmental agencies shall carry out inspection under management of Governmental agencies.
2. The Government elaborates tasks, powers and operation of the inspection authorities of Governmental agencies.
Section 8. SPECIALIZED AUTHORITY ASSIGNED TO CONDUCT INSPECTION
Article 36. Assignment of making of specialized inspection
An authority will be assigned to carry out specialized inspection in the following cases:
1. The assignment is carried out according to regulations of the law;
2. The Government finds it necessary to assign the authority conduct the specialized inspection upon the request of the Inspector General of the Government Inspectorate after agreement with the ministers who are in charge of relevant sectors and domains.
Article 37. Inspection of specialized authorities assigned to conduct inspection
1. The specialized authorities assigned to conduct inspection shall not establish inspection authorities, except for cases specified in Clause 2 Article 18 and Clause 1 Article 34 of this Law. The inspection shall be carried out by persons assigned to conduct specialized inspection in accordance with regulations of this Law and other relevant laws.
2. In inspection, the heads of specialized authorities assigned to conduct inspection shall perform tasks and exercise powers of the heads of inspection agencies. The persons assigned to conduct specialized inspection shall perform tasks and exercise powers of members of inspectorate who are inspectors in accordance with this Law and other relevant laws.
3. Pursuant to regulations of this Law, the Government elaborates inspection and implementation of conclusions on inspection of specialized authorities assigned to conduct inspection.
INSPECTORS AND PERSONS ASSIGNED TO CARRY OUT SPECIALIZED INSPECTION
Article 38. Inspectors and persons assigned to carry out specialized inspection
1. The inspector means a person awarded the rank of inspector to perform tasks and exercise powers in inspection in accordance with regulations of the law.
2. The inspector ranks include inspector, principal inspector and senior inspector.
3. The persons assigned to conduct specialized inspection shall be officials of the specialized authorities assigned to conduct inspection, except for pubic employees of Governmental agencies according to regulations of the Government.
The persons assigned to conduct specialized inspection shall have professional qualifications and skills suitable to their specialized work, legal knowledge and inspection skills, and have been engaged in professional works in sectors which the persons have been assigned to conduct specialized inspection for at least one year (excluding probation period)
4. The inspectors and persons assigned to conduct specialized inspection shall comply with the law and take responsibility to the heads of agencies that directly manage them and to the law for performance of their assigned tasks and powers.
5. The Government elaborates this Article.
Article 39. Criteria for appointment to inspectors
1. Be officials, officers of the People's Army or the People's Public Security, cipher workers, except for unless otherwise prescribe by the Government regarding inspectors of inspection authorities established under laws or international treaties to which the Socialist Republic of Vietnam is a signatory or as prescribed in Clause 3, Article 9 of this Law.
2. Be loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam; have good ethical qualities, good sense of responsibility; be incorruptible, honest, fair and objective;
3. Have at least bachelor's degree and state management and legal knowledge. In particular, the specialized inspectors must also have relevant professional knowledge;
4. Have certificates of professional training for inspectors and other certificates as prescribed by the law on officials and public employees.
5. Have been at least 2 years’ experience of inspection works (excluding probation period). The officials, public employees, officers of the People's Army and the People's Public Security, cipher workers at agencies, organizations or units who have been transferred to inspection agencies need to have at least 5 years’ experience of inspection works.
Article 40. Criteria for appointment to principal inspectors
1. Meet standards specified in Article 39 of this Law;
2. Have certificates of professional training for principal inspectors and other certificates as prescribed by the law on officials and public employees.
3. Hold the rank of inspector or equivalent for at least 9 years.
4. Successfully pass exams for promotion; be considered for promotion from inspector to principal inspector; or be considered for same-rank reassignment in accordance with the regulations of the law on officials and public employees.
Article 41. Criteria for appointment to senior inspectors
1. Meet standards specified in Article 39 of this Regulation;
2. Have certificates of professional training for senior inspectors and other certificates as prescribed by the law on officials and public employees.
3. Hold the rank of principal inspector (or equivalent) for at least 6 years.
4. Successfully pass exams for promotion; be considered for promotion from principal inspector to senior inspector; or be considered for same-rank reassignment in accordance with the regulations of the law on officials and public employees.
Article 42. Dismissal of inspectors
1. An inspector is dismissed in the following cases:
a) Retiring, resigning and changing career;
b) Dismissing the inspector who cannot complete the assigned tasks due to health, family circumstances or other reasons;
c) Being convicted by the Court. The judgment or decision came into force;
d) Committing violations specified in Article 8 of this Law;
dd) Falling to complete tasks while holding the current rank after 01 year;
e) The inspector commits fraud in exam for promotion or makes declarations in a dishonest manner in the application for appointment;
g) Other cases as prescribed by the law on officials and public employees.
2. The Government elaborates competence and procedures for dismissal of inspectors.
Article 43. Uniforms and cards of inspectors
1. The inspectors shall be provided with uniforms and cards according to the Government's regulations to use when they conduct inspection.
2. The persons assigned to perform specialized inspection shall be provided with uniforms and cards according to regulations of the ministers and the heads of Governmental agencies to use when they conduct specialized inspection.
INSPECTION
Article 44. Development and promulgation of inspection program orientations
1. By September 30 every year, the Inspector General of the Government Inspectorate shall submit inspection program orientations of the following year to the Prime Minister for approval.
2. By October 15 every year, the Prime Minister is responsible for review and approval for inspection program orientations of the following year
Article 45. Development and provision of annual inspection plans
1. The development and provision of annual inspection plans shall follow inspection program orientations, guidelines of superior inspection agencies, requirements for socio-economic development and management within the scope of state management of sectors, domains and local areas.
2. The annual inspection plans include the annual inspection plan of the Government Inspectorate, the annual inspection plan of the ministries and the annual inspection plan of provinces.
The annual inspection plans of the ministries include annual inspection plans of ministry inspectorates, sub-ministry inspectorates; ensure no overlaps and duplications in inspection between ministry inspectorates and sub-ministry inspectorates.
The annual inspection plans of provinces include annual inspection plans of provincial inspectorates, inspectorates of provincial-level departments and district inspectorates; ensure no overlaps and duplications in inspection between provincial inspectorates, inspectorates of provincial-level departments and district inspectorates.
3. By October 25 every year, according to inspection program orientations, the Inspector General of the Government Inspectorate shall provide guidance for ministry inspectorates and provincial inspectorates on development of the draft plans for inspection of ministries and annual inspection plans of provinces.
By October 30 every year, according to inspection program orientations and guidelines of the Government Inspectorate, the ministry inspectorates shall provide guidance for sub-ministry inspectorates and the provincial inspectorates shall provide guidance for inspectorates of provincial-level departments and district inspectorates on development of the draft plans for inspection of their authorities.
4. By November 15 every year, the Government Inspectorate shall be responsible for provision of the annual inspection plans.
5. By November 10 every year, the sub-ministry inspectorates shall send the draft plans for inspection of their authorities to the ministry inspectorates to synthesize into annual inspection plans of the ministries; the inspectorates of provincial-level departments and district inspectorates shall send draft plans for inspection of their authorities to the provincial inspectorates to synthesize into annual inspection plans of provinces.
6. By November 30 every year, the ministry chief inspectors of the ministries shall submit to the ministers for provision of the annual inspection plans of the ministries; the provincial chief inspectors shall submit to the presidents of the People's Committees of provinces for provision of the annual inspection plans of provinces.
By December 10 every year, the ministers shall be responsible for provision of annual inspection plans of the ministries
By December 20 every year, the presidents of the People's Committees of provinces shall be responsible for provision of annual inspection plans of provinces.
7. The annual inspection plans specified in Clauses 4 and 6 of this Article shall be immediately sent to the inspected entities, state audit agencies and relevant agencies and organizations.
1. The inspection shall be conducted in the form of planned inspection or ad-hoc inspection.
2. The planned inspection shall be conducted under the annual inspection plans that have been approved.
3. The ad-hoc inspection shall be conducted upon detection of signs of violations committed by authorities, organizations or individuals within the inspection jurisdiction, or upon request for settlement of complaints and denunciations, anti-corruption or as assigned by heads of competent state management authorities.
Article 47. Duration of inspection
1. The duration of an inspection is specified as follows:
a) The duration of an inspection conducted by the Government Inspectorate must not exceed 60 days. With regard to complicated cases, this duration may be extended once but the extended duration must not exceed 30 days. With regard to extremely complicated cases, the duration may be extended for the second time but the extended duration must not exceed 30 days:
b) The duration of an inspection conducted by the ministry inspectorate, sub-ministry inspectorate or provincial inspectorate must not exceed 45 days. With regard to complicated cases, this duration may be extended once but the extended duration must not exceed 30 days.
c) The duration of an inspection conducted by the inspectorate of provincial-level department or district inspectorate must not exceed 30 days. With regard to complicated cases or inspection at mountainous areas, border areas, islands and rural areas with difficult access, this duration may be extended once but the extended duration must not exceed 15 days.
2. The duration of suspension of the inspection shall comply with regulations of Article 70 of this Law and it shall not be included in the duration of inspection.
Article 48. Extension of duration of inspection
1. Complicated cases subject to extension of duration of inspection:
a) Request for external assessment or verification and clarification of cases involved in foreign elements within the contents and scope of inspection;
b) Verification and clarification of corruption according to regulations of the law on anti-corruption;
c) The inspected entities, relevant agencies, organizations and individuals fail to cooperate, obstruct, oppose or cause difficulties for inspection, thereby affecting the duration of inspection.
2. Extremely complicated cases subject to extension of duration of inspection:
a) Complicated inspection involved in many domains and local areas;
b) Inspection with at least 02 elements specified in Clause 1 of this Article.
3. The extension of the duration of inspection shall be considered and decided by the person who issues the decision on inspection.
The chief of the inspectorate shall send a written request for extension of the duration of inspection to the person who issues the decision on inspection, enclosed with the draft decision on extension of the duration of inspection. The written request must clearly state reasons and the duration of extension.
4. Decision on extension of the duration of inspection shall be sent to the inspectorate, the inspected entities and relevant agencies, organizations and individuals.
Article 49. Procedures for conducting an administrative inspection
1. Inspection preparation:
a) Collect information to prepare inspection;
b) Issue decision on inspection;
c) Develop and send a list of issues to be reported on (by the inspected entity);
d) Notify declaration of decision on inspection.
2. Direct inspection:
a) Declare decision on inspection;
b) Collect information and documents related to contents of inspection;
c) Examine and verify information and documents;
d) Complete direct inspection.
3. Completion of inspection:
a) Report the result of inspection.
b) Develop draft inspection conclusion;
c) Appraise draft inspection conclusion;
d) Issue inspection conclusion;
dd) Publish inspection conclusion;
Article 50. Procedures for conducting an specialized inspection
1. Procedures for conducting an specialized inspection:
a) Inspection preparation: issue the decision on inspection; notify declaration of the decision on inspection, except for cases specified in Clause 2, Article 63 of this Law.
Before issuance of the decision on inspection, the head of the inspection authority may decide the collection of information according to regulations of Article 58 of this Law to ensure specificity of the inspection and avoid overlaps and duplications;
b) Direct inspection: Declare the decision on inspection, except for cases specified in Clause 3, Article 64 of this Law; collect information and documents related to contents of inspection; examine and verify information and documents; impose penalties for administrative violations throughout inspection (if any); complete the direct inspection;
c) Completion of inspection: report the result of inspection; develop draft inspection conclusion; appraise draft inspection conclusion, except for cases specified in Clause 1, Article 77 of this Law; issue inspection conclusion; publish inspection conclusion.
2. If the other laws elaborate the procedures for conducting a specialized inspection other than regulations of Clause 1 of this Article, the regulations of those laws shall be applied.
3. Upon the requests of the ministers or the heads of the governmental agencies, the Government elaborates the procedures for conducting a specialized inspection other than regulations of Clause 1 of this Article, but the Government must ensure procedures for issuance of decision on inspection, declaration of decision on inspection, examination, verification of information and documents, issuance of inspection conclusion and publication of inspection conclusion to meet specific management requirement of sectors and domains.
Article 51. Grounds for issuance of decision on inspection;
The issuance of decision on inspection shall follow one of the following grounds:
1. Annual inspection plans;
2. Request of the head of the state management agency;
3. Detection of signs of law violation;
4. Request for settlement of complaints and denunciations, anti-corruption.
5. Other grounds according to regulations of the law.
1. The heads of the state management agencies shall:
a) Request inspection authorities at the same level to conduct inspection in case of detection of signs of law violations; or meet requirements for settlement of complaints and denunciations, anti-corruption;
b) Ensure inspection of inspectorates in accordance with the purposes, requirements and principles of inspection; fail to illegally interfere in inspection;
c) Promptly handle recommendations on inspection; direct and organize the implementation of inspection conclusion in accordance with the law.
2. The person who issues decision on inspection shall be responsible for organizing and directing the inspectorate's operations, following the principles of inspection, making sure that the inspection is conducted according to regulations of law and requirements for inspection, and for the intended purposes; promptly implementing recommendations offered by the inspectorate, and settling complaints, denunciations, recommendations and reflections related to the inspectorate's operations.
3. The chief of the inspectorate shall be responsible for organizing inspection and directing members of the inspectorate to properly and promptly conduct inspection according to the inspection decision and the detailed inspection plan; providing information and preparing reports at the request of the person who issues decision on inspection; and be responsible to the person who issues decision on inspection for the operation of the inspectorate.
Article 53. Assurance about discipline in inspection
1. The head of the inspection authority shall be responsible for all inspection-related activities therein. The members of the inspectorate shall abide by the decisions and directions of the chief of the inspectorate. The chief and other members of the inspectorate must abide by the decisions and directions of the person who issues the decision on inspection.
2. The chief and other members of the inspectorate shall be entitled to have their opinions on the results of inspection recorded.
Article 54. Handling of violations committed by inspection-conducting persons
1. If the person who issues the decision on inspection, the chief of the inspectorate, the inspector and other members of the inspectorate fail to complete inspection, intentionally fail to detect violations, detect violations without handling or recommendations on handling or commit other violations against regulations on inspection, according to the nature and danger of their violations, they shall incur disciplinary penalties or face criminal prosecution. In case of damage, they must pay compensation according to regulations of the law.
2. After completion of inspection, if the competent agency detects violations committed by the chief or other members of the inspectorate at the agency, organization or unit that has undergone inspection covering the same contents through the fault of the chief or other members of the inspectorate, they shall bear responsibility. Depending on the nature and danger of their violations, they shall incur disciplinary penalties or face criminal prosecution in accordance with the law.
3. If the inspectorate has detected and reported cases with signs of law violations but the person who issues decision on inspection fails to handle them, the chief and other members of the inspectorate are not required to bear responsibility. In this case, the person who issues decision on inspection shall bear responsibility according to regulations of the law.
If the members of inspectorate have detected and reported cases with signs of law violations but the chief of the inspectorate fails to handle them, such members are not required to bear responsibility. In this case, the chief of inspectorate shall bear responsibility according to regulations of the law.
Article 55. Handling of overlaps and duplications in inspection
1. With regard to state audit and inspection, in case of detection of overlaps and duplications, the inspection authority shall cooperate with the state audit agency in handling them according to regulations of the Law on state audit office and this Law so that each operation is inspected by only one inspection authority or audit authority.
2. Handling of overlaps and duplications in inspection:
a) In case of overlaps and duplications in inspection between the Government Inspectorate and other inspection authorities, the Government Inspectorate shall conduct inspection;
b) In case of overlaps and duplications in inspection among ministry inspectorates, the ministry chief inspectors shall discuss to handle. In case of disagreement, the ministry inspectorate shall report the Inspector General of Government Inspectorate for consideration and decision;
c) In case of overlaps and duplications in inspection of the ministry inspectorate and the provincial inspectorate, inspectorate of provincial-level department or the district inspectorate, the ministry chief inspector shall discuss with the provincial chief inspector, the chief inspector of the department or the chief inspector of district to handle. In case of disagreement, the ministry inspectorate shall conduct the inspection;
d) In case of overlaps and duplications in inspection of the ministry inspectorate or the sub-ministry inspectorate and inspection authority of the governmental agency, the ministry chief inspector shall discuss with the head of the inspection authority of the governmental agency to handle. In case of disagreement, the ministry chief inspector shall report to the Inspector General of the Government Inspectorate for consideration and decision;
dd) In case of overlaps and duplications in inspection of the inspection authority of the governmental agency and the provincial inspectorate, inspectorate of provincial-level department or the district inspectorate, the head of the inspection authority of the governmental agency shall discuss with the provincial chief inspector, the chief inspector of the department or the chief inspector of district to handle. In case of disagreement, the inspection authority of the governmental agency shall conduct the inspection;
e) In case of overlaps and duplications in inspection of the sub-ministry inspectorate and the provincial inspectorate, inspectorate of provincial-level department or the district inspectorate, the sub-ministry chief inspector shall discuss with the provincial chief inspector, the chief inspector of the department or the chief inspector of district to handle. In case of disagreement, the sub-ministry inspectorate shall conduct the inspection;
g) In case of overlaps and duplications in inspection of the sub-ministry inspectorates of the Ministry, the sub-ministry chief inspectors shall discuss together to handle. In case of disagreement, the sub-ministry inspectorates shall report to the ministry chief inspector for consideration and decision;
h) In case of overlaps and duplications in inspection of the provincial inspectorate and the inspectorate of provincial-level department or the district inspectorate, the provincial chief inspector shall discuss with the chief inspector of the department or the chief inspector of district to handle. In case of disagreement, the provincial inspectorate shall conduct the inspection;
i) In case of overlaps and duplications in inspection of the inspectorates of provincial-level departments, the chief inspectors of provincial-level departments shall discuss together to handle. In case of disagreement, the chief inspectors of provincial-level departments shall report to the provincial chief inspector for consideration and decision;
k) In case of overlaps and duplications in inspection of the inspectorate of provincial-level department and the district inspectorate, the chief inspector of provincial-level department shall discuss with the chief inspector of district to handle. In case of disagreement, the inspectorate of provincial-level department shall conduct the inspection;
l) The handling of overlaps and duplications in operation of inspection authorities of special administrative-economic units and other inspection authorities shall comply with regulations of the Inspector General of the Government Inspectorate in case of establishment of special administrative-economic units.
3. The handling of overlaps and duplications that arise in the operation of inspection authorities other than cases specified in Clause 2 of this Article shall be prescribed, considered or handled by the Inspector General of the Government Inspectorate.
1. The re-inspection shall be carried out when there is one of the following grounds:
a) There are serious violations against regulations on the procedures in the process of inspection;
b) There are mistakes in the application of the law in case of conclusion of the inspection;
c) The contents of inspection conclusions are not consistent with the evidence that have been collected in the process of inspection;
d) The inspection-conducting persons intentionally falsify the case files or make illegal conclusions;
dd) There are signs of serious violations of the inspected entities but the signs of serious violations have not been fully detected throughout the inspection.
2. The limitation period of re-inspection is 2 years from the date of signing and issuance of the inspection conclusion.
3. The re-inspection conclusion shall contain the contents specified in Clause 2, Article 78 of this Law and clearly identify the liability of the inspection authority and the inspection-conducting person for the previous inspection.
4. The Government elaborates this Article.
Article 57. Inspection dossiers
1. The person who issues the decision on inspection shall be responsible for direction and examination of the preparation and handover of the inspection dossier.
2. The inspection dossier shall be compiled from the date on which the competent person signs and promulgates the decision on inspection; and closed on the date on which the competent person issues the document to organize the implementation of the inspection conclusion.
3. Within 15 days from the date of closure of the inspection dossier, the chief of the inspectorate shall complete the preparation and handover of the inspection dossier to the inspection-conducting agency.
Section 2. INSPECTION PREPARATION
Article 58. Collection of information for preparation for inspection
1. Before issuance of the decision on inspection, according to the assigned tasks, powers and functions, the head of the inspection authority shall assign relevant information collectors to clarify the necessity to conduct the inspection in order to ensure specificity of the inspection and avoid overlaps and duplications
2. If it is necessary to clarify or supplement information to issue the decision on inspection, the head of the inspection authority shall request the agency, organization or individual that has been expected to be the inspected entity to provide written information on the expected contents of the inspection or appoint information collectors to directly work with the agency, organization or individual that has been expected to be the inspected entity.
3. The information collector shall be responsible for report on the results in writing to the head of the inspection authority. In particular, the contents subject to inspection shall be clearly stated.
Article 59. Issuance of decision on inspection
1. The heads of inspection authorities shall issue the decisions on inspection according to the regulations of Article 51 of this Law
2. A decision on inspection contains the following contents:
a) Basis for issuance of decision on inspection;
b) Scope, contents, inspected entities, the period of inspection and inspection tasks;
c) Duration of inspection;
d) Establishment of inspectorate. An inspectorate includes the chief, the deputy chief (if any) and other members.
3. With regard to planned inspection, the inspection decision shall be sent to the inspected entity and declared at least 15 days before the date of direct inspection.
4. With regard to ad hoc inspection, the inspection decision shall be sent to the inspected entity and declared before the direct inspection, except for cases specified in Clause 3 Article 64 of this Law.
1. The inspectorate is established to conduct the inspection. The inspectorate shall self-dissolve after the chief of the inspectorate hands over the inspection dossier to the inspection-conducting agency.
2. An inspectorate includes the chief and other members. Other members of the inspectorate include inspectors and other persons who participate in the inspectorate but are not inspectors.
If necessary, the inspectorate has a deputy chief to assist the chief in performing the assigned tasks and take charge of operation of the inspectorate under assignment of the chief.
The chief and the deputy chief (if any) of the inspectorate shall be persons who have been appointed as inspectors.
The inspectors and other members of the inspectorate shall perform tasks under assignment of the chief.
3. If necessary, the heads of inspection authorities shall summon inspectors of inferior inspection agencies or persons with expertise in other agencies or units to join the inspectorates. The summons, standards, regimes and policies applicable to the summoned persons shall comply with regulations of the Government.
4. The chief and other members of the inspectorate shall have good ethical qualities and professional skills; and have no conflicts about interest throughout the process of performance of inspection tasks.
5. The person who issues the decision on inspection may suspend or change the chief or other members of the inspectorate when the inspectorate fails to meet the requirement for inspection, complete inspection tasks, commits violations or causes conflicts of interest; or when the inspectorate cannot conduct inspection due to other objective reasons.
6. The Government elaborates this Article.
Article 61. Development and announcement about detailed inspection plans
1. The chief of inspectorate shall take charge of development of the detailed inspection plan and submit to the person who issues decision on inspection for approval.
2. A detailed inspection plan contains the following contents:
a) Objectives and requests;
b) Scope, contents, inspected entities, the period of inspection and duration of inspection;
c) Method of conducting inspection;
d) Progress;
dd) Information and reporting regime;
e) Use of means, funding and other material conditions for operation of the inspectorate.
3. The chief of the inspectorate shall hold a meeting to announce the detailed inspection plan and assign tasks to the members of the inspectorate.
Article 62. Development of a list of issues to be reported on (by the inspected entity)
1. According to contents of inspection and the detailed inspection plan, the chief of inspectorate shall develop the list of issues to be reported on (by the inspected entity).
2. At least 05 working days before the date of declaration of the decision on inspection, the chief of the inspectorate shall send a written request to the inspected entity to prepare a report on the contents of inspection according to the list of issues to be reported on. The written request shall clearly state contents, forms and duration of report.
Article 63. Notification of declaration of decision on inspection.
1. The chief of the inspectorate shall notify in writing the inspected entity of the declaration of the decision on inspection. The written notification shall clearly state the location, time and participants.
2. With regard to specialized inspection, in case of detection of violations that require immediate inspection, the declaration of decision on inspection shall not be notified to the inspected entity.
Article 64. Declaration of decision on inspection
1. The chief of inspectorate shall take charge of declaration of the decision on inspection. If necessary, the person who issues the decision on inspection shall take charge of declaration of the decision on inspection.
2. The participants in the session on declaration of the decision on inspection include the inspectorate, the representative of the head of agency, organization or individual who is the inspected entity. If necessary, the chief of the inspectorate shall invite the representative of the head of the inspection-conducting agency, the representative of relevant agency, organization or individual to participate in the session on declaration of the decision on inspection.
The declaration of the decision on inspection shall be recorded in writing.
3. With regard to specialized inspection, in case of detection of violations that require immediate inspection, the decision on inspection may be declared after making of the record of violations of the inspected entity; in case the inspected entity is intentionally absent, the chief of the inspectorate shall make a record certified by the People's Committee of commune and continue to conduct the planned inspection.
Article 65. Location, time for working of inspectorate
1. The inspectorate shall work at the headquarter or workplace of the agency or organization that is the inspected entity, the headquarter of the inspection-conducting agency or at the place of inspection and verification according to the detailed inspection plan.
2. The inspectorate shall work with the inspected entity, relevant agencies, organizations and individuals throughout working time. If it is obligatory to work outside working time, the chief of the inspectorate shall decide the specific time after discussion with the inspected entity and take responsibility for his/her decision.
3. The location and time for working of the inspectorate and the change of location and time for working shall be notified in advance to the inspected entity and relevant agencies, organizations and individuals.
Article 66. Collection of information and documents related to contents of inspection
1. Throughout the inspection, the chief of the inspectorate and the inspector shall request the inspected entity to report according to the list of issues to be reported on; request the inspected entity, relevant agencies, organizations and individuals to provide information and documents related to contents of inspection.
2. If it is not necessary to keep the dossiers and documents, the recipients of such dossiers and documents shall return them to the inspected subjects, relevant agencies, organizations and individuals not later than the completion of the direct inspection.
3. The delivery, receipt and return of dossiers and documents shall be recorded in writing.
4. The management, extraction and use of information and documents on inspection shall comply with regulations of the law on inspection and other relevant laws.
Article 67. Examination and verification of information and documents
1. The chief and other members of the inspectorate shall research the collected information and documents; assess the observance of policies, laws, tasks and powers of the inspected entities relevant to the assigned contents of inspection.
The chief of inspectorate and inspectors shall be entitled to request the persons who have liability and relevant persons to explain unclear matters; in case it is necessary to work directly with the inspected entity and relevant persons, the inspectors shall report to the chief of the inspectorate for consideration and decision.
2. If it is necessary to examine, verify information and documents and clarify matters relevant to contents of inspection, the chief of the inspectorate or the person who issues the decision on inspection shall invite the inspected entity, the representative of relevant agency, organization or individual to work or request the inspected entity to report.
3. If it is necessary to examine, verify cases and clarify matters relevant to cases that have occurred, the chief of the inspectorate, the person who issues the decision on inspection or the inspected entity may invite the representative of the local authority or other persons to testify.
Article 68. Handling of violations in the process of inspection
1. The inspection-conducting persons shall adopt measures according to their competence specified in this Law and other relevant laws to terminate violations and promptly protect the interests of the State, the legal rights and interests of agencies, organizations and individuals. In case the violations committed by the inspected entity and relevant agencies, organizations and individuals fall outside their competence in handling, the chief of the inspectorate shall request the person who issues the decision on inspection or the head of competent state agency to handle.
2. If the chief of the inspectorate or the inspector detects administrative violations, he or she shall compel the violators to terminate such violations, consider adopting measures to prevent and ensure the handling of administrative violations, and immediately impose penalties according to the regulations of the Law on Handling of Administrative Violations without wait for inspection conclusion.
3. In case criminal offences are suspected, the chief of the inspectorate shall make report so that the person who issues the decision on inspection immediately transfers the relevant document and case file enclosed with the written recommendation for prosecution to the competent investigation agency for consideration and handling in accordance with the law; and notify the People's Procuracy at the same level.
The inspectorate shall continue to conduct inspection according to the detailed inspection plan that has been approved. The person who issues the decision on inspection shall issue inspection conclusion in accordance with the law.
The investigation agency shall notify the inspection authority of the result of the settlement of the case. In case the duration of consideration and settlement of proposal for prosecution has expired according to regulations of the Criminal Procedure Code, but the inspection authority that has proposed the prosecution fails to receive a written notification or agree with the result of settlement, the inspection authority shall discuss with the investigation agency or the People's Procuracy at the same level to clarify reasons. If the inspection authority still disagrees with the result, the inspection authority shall propose the investigation agency, the Superior People's Procuracy for consideration, settlement and report to the superior inspection authority.
4. The inspected entities, agencies, organizations and individuals that commit prohibited acts or violate the obligations of the inspected entities specified in this Law shall, according to the nature and danger of their violations, incur disciplinary and administrative penalties or face criminal prosecution. In case of damage, they must pay compensation according to regulations of the law.
Article 69. Amendments to contents of detailed inspection plans
1. Throughout inspection, the person who issues the decision on inspection may amend the contents of the detailed inspection plan upon the request of the chief of the inspectorate or the head of the state management agency at the same level.
2. The chief of the inspectorate shall notify the amended contents of the detailed inspection plan to members of the inspectorate.
Article 70. Suspension of inspection
1. The person who issues the decision on inspection shall suspend inspection in the following cases:
a) There are force majeure events that impact on the progress in inspection;
b) The inspected entity requests suspension of the inspection with legitimate reasons and the person who issues the decision on inspection agrees with such suspension. In this case, the duration of suspension of the inspection shall not exceed 30 days.
2. In case of suspension of the inspection, the person who issues the decision on inspection shall consider cancelation of the adopted measure or adopt measures according to its competence and ensure no obstruction of the operation of the inspected entity.
3. The person who issues the decision on inspection shall continue to conduct inspection when the reason for the suspension of the inspection no longer exists or the duration of suspension specified at Point b, Clause 1 of this Article expires.
4. The decision on suspension of the inspection or the decision on inspection shall be sent to the inspected entity.
Article 71. Termination of inspection
1. The person who issues the decision on inspection shall terminate inspection in the following cases:
a) The inspected entity is an individual who is dead; an agency or organization that has been dissolved or gone bankrupt without any other agency, organization or individual that inherits their rights and obligations;
b) The inspection contents have been concluded by the superior inspection authority;
c) The investigation agency has issued the decision on prosecution of a criminal case on the same contents of inspection;
d) The head of the state management agency at the same level has made a written request for termination of the inspection;
dd) It is one of the cases of overlaps and duplications that have been handled according to regulations of Article 55 of this Law.
2. In case of termination of the inspection, inspection-conducting persons shall cancel the adopted measures according to their competence throughout the inspection.
3. The decision on termination of the inspection shall be sent to the inspected entity.
Article 72. Completion of direct inspection.
In case of completion of direct inspection at the inspected entity, the chief of the inspectorate shall report in writing to the person who issues the decision on inspection and notify in writing the inspected entity. If necessary, the working session with the inspected entity shall be held to notify the completion of the direct inspection.
Section 4. COMPLETION OF INSPECTION
Article 73. Report on the result of inspection.
1. After completion of direct inspection, the chief of inspectorate shall make report on the result of inspection and send to the person who issues the decision on inspection. A report on the result of inspection shall contain the following contents:
a) Specific conclusions on each content that has been inspected;
b) Identification of the nature, extent and consequences of violations; causes and responsibilities of agencies, organizations and individuals that commit violations (if any);
c) Different opinions (if any) between the chief and other members of the inspectorate on the contents of the report on the result of inspection;
d) Adopted measures for handling and recommendations on solutions, handling and remedial measures (if any).
2. In case of detection of corruption via inspection, the report on the result of inspection shall clearly state the responsibilities of the heads of agencies or organizations in which corruption occurs. To be specific:
a) Incapability of management;
b) Irresponsibility in management;
c) Cover-up of corrupted persons.
3. A report on the result of inspection shall clearly state legal regulations to serve as the basis for identification of the nature and extent of violations and recommendations on solutions, handling and remedial measures.
4. The duration of development of the report on the result of inspection shall be calculated from the date on which the inspectorate completes the direct inspection and stipulated as follows:
a) With regard to inspection conducted by the Government Inspectorate, the duration for development of the report on the result of inspection must not exceed 30 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 45 days;
b) With regard to inspection conducted by the ministry inspectorate, the sub-ministry inspectorate, or the provincial inspectorate, the duration for development of the report on the result of inspection must not exceed 20 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 30 days;
c) With regard to inspection conducted by the inspectorate of provincial-level department, or the district inspectorate, the duration for development of the report on the result of inspection must not exceed 15 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 20 days;
Article 74. Consideration of report on the result of inspection.
The person who issues the decision on inspection shall consider and assess contents of the report on the result of inspection of the inspectorate.
If necessary, the person who issues the decision on inspection shall request the chief of the inspectorate to clarify or amend contents of the report on the result of inspection.
Article 75. Development of draft inspection conclusions
1. Within 05 working days from the date of receipt of the report on the result of inspection, the person who issues the decision on inspection shall assign the chief of inspectorate to develop the draft inspection conclusion. The draft inspection conclusion includes contents specified in Clause 2 Article 78 of this Law.
2. During the process of development of the draft inspection conclusion, the person who issues the decision on inspection shall be entitled to request the chief and other members of the inspectorate to report, request the inspected entity or the relevant agency, organization or individual to explain and clarify the issues that are expected to be concluded about the contents of inspection.
3. The explanation shall be recorded in writing. The information, documents and evidences shall be enclosed with such explanation to prove the contents of explanation. The chief of the inspectorate shall research and request the person who issues the decision on inspection to handle the contents of explanation of the inspected entity.
4. The draft inspection conclusion shall be sent to other members of the inspectorate to make comments before submission to the person who issues the decision on inspection.
Other members of the inspectorate shall be entitled to have their opinions on contents of draft inspection conclusion recorded. The chief of the inspectorate shall be entitled to have their opinions on contents of draft inspection conclusion recorded before the person who issues the decision on inspection. The recorded opinions shall be made in writing and enclosed with draft inspection conclusion
5. The duration of development of draft inspection conclusion shall be calculated from the date on which the person who issues the decision on inspection assigns the development of draft inspection conclusion and prescribed as follows:
a) With regard to inspection conducted by the Government Inspectorate, the duration of development of the draft inspection conclusion must not exceed 30 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 45 days;
b) With regard to inspection conducted by the ministry inspectorate, the sub-ministry inspectorate, or the provincial inspectorate, the duration of development of the draft inspection conclusion must not exceed 20 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 30 days;
c) With regard to inspection conducted by the inspectorate of provincial-level department, or the district inspectorate, the duration of development of the draft inspection conclusion must not exceed 15 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 20 days;
Article 76. Collection of opinions on draft inspection conclusions
During the process of development of the draft inspection conclusion, the person who issues the decision on inspection may decide collection of opinions from relevant agencies, organizations or individuals on one or several contents of the draft inspection conclusion. The requested agency, organization or individual shall give a written reply on contents about which opinions are sought within the duration upon the request of the person who issues the decision on inspection.
Article 77. Appraisal of draft inspection conclusions;
1. The draft inspection conclusion of the Government Inspectorate, the draft administrative inspection conclusions of the ministry inspectorate and the provincial inspectorate shall be appraised before signing for issuance The draft specialized inspection conclusions of the ministry inspectorate and the provincial inspectorate, other inspection authorities shall be appraised when necessary.
2. The person who issues the decision on inspection shall consider and decide the assignment of units or individuals to appraise the draft inspection conclusion (hereinafter referred to as “appraisers”) to ensure the purposes, requirements and contents according to the approved decision on inspection and the detailed inspection plan. The assignment of appraisal of the draft inspection conclusion shall be made in writing. In particular, the contents and duration of appraisal shall be clearly stated.
3. The appraiser shall be entitled to request the inspectorate to provide necessary information and documents for appraisal; develop report on the result of appraisal and take responsibility to the person who issues the decision on inspection for the result of appraisal.
4. The person who issues the decision on inspection shall be responsible for direction of consideration and receipt of opinions on appraisal and completion of the draft inspection conclusion.
Article 78. Issuance of inspection conclusions;
1. Within 15 working days from the date of receipt of the draft inspection conclusion, the person who issues the decision on inspection shall sign and issue the inspection conclusion; and take responsibility for his/her conclusion and recommendations. The head of state management agency at the same level shall urge and examine to ensure the issuance of inspection conclusion before the deadline according to regulations.
With regard to the draft inspection conclusions on cases involved in national defense and security, important and complicated cases under the direction and monitoring of the Central Steering Committee for anti-corruption, the provincial-level Steering Committees for anti-corruption or upon the request of the head of the state management agency at the same level, the person who issues the decision on inspection shall make written report and send it to the head of the state management agency at the same level.
Within 30 days from the date of receipt of the written report, the head of the state management agency at the same level shall give his/her written opinion on the reported contents; if the head of the state management agency fails to respond or have opinions that are different from the draft inspection conclusion, the person who issues the decision on inspection shall immediately issue inspection conclusion. If the head of the state management agency at the same level which gives written opinions requests amendment or clarification of the contents of draft inspection conclusion, within 30 days from the date of receipt of such written opinions, the person who issues the decision on inspection shall complete and issue inspection conclusion.
2. The inspection conclusion shall ensure accuracy, objectivity and feasibility and include the following contents:
a) Assessment of the implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers of the inspected entity for administrative inspection; assessment of the observance of specialized laws, professional-technical regulations and management rules of the inspected entity for specialized inspection.
b) Conclusion on contents of inspection;
c) Identification of the nature, extent and consequences of violations; causes and responsibilities of agencies, organizations and individuals that commit violations (if any);
d) Handling measures according to the competence and recommendations on solutions, handling and remedial measures (if any) for assurance about the interests of the State, the legal rights and interests of the inspected entity and relevant agencies, organizations and individuals;
dd) Limitations and inadequacies of relevant management mechanisms, policies, laws and recommendations for remedy.
3. In the process of inspection, the person who issues the decision on inspection may issue inspection conclusion for the examined and verified contents that have enough grounds for conclusion; and continue to inspect other contents in the decision on inspection. An inspection can have many inspection conclusions in order to promptly serve requirements for state management.
4. Before publishing inspection conclusion, the person who issues the decision on inspection may amend the issued inspection conclusion to ensure accuracy, objectivity and feasibility.
5. After publishing inspection conclusion, the inspection conclusion shall be sent to the head of the state management agency at the same level, the superior inspection authority, the inspected entity and other relevant agencies, organizations and individuals.
Article 79. Publishing inspection conclusions;
1. Within 10 days from the date of signing and issuance of the inspection conclusion, the person who issues the decision on inspection shall publish the inspection conclusion in the form specified at Point a, Clause 3 of this Article or in one of the forms specified in Points b, c and d, Clause 3 of this Article.
2. The entirety of the inspection conclusion must be published, except for contents that fall within state secrets or other secrets as prescribed by the law.
3. Forms of publishing inspection conclusions:
a) Publishing on the web portal of the inspection authority or the state management agency at the same level;
b) Organizing press conference or meeting to publish inspection conclusions. The participants include the person who issues the decision on inspection, inspectorate, the inspected entity, relevant agencies, organizations and individuals;
c) Publishing on at least one mass media. The inspection conducted by the Government Inspectorate, the ministry inspectorate or the sub-ministry inspectorate shall be published on the central mass media. The inspection conducted by the provincial inspectorate, the inspectorate of provincial-level department or the district inspectorate shall be published on the local mass media;
d) Publicly displaying at the premises of the inspected entity.
4. The Government elaborates this Article.
Section 5. TASKS AND POWERS OF THE INSPECTION-CONDUCTING PERSONS
Article 80. Tasks and powers of the person who issues the decision on inspection
1. A person who issues the decision on inspection shall have the following tasks and powers:
a) Direct, examine and supervise the inspectorate to strictly comply with the contents of the decision on inspection;
b) Request inspected entities to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;
c) Decide request for external assessment of matters related to inspection contents;
d) Decide or request the competent person to decide to temporarily seize assets, licenses or practice certificates that have been illegally used;
dd) Terminate or recommend the competent person to terminate violations;
e) Request credit institutions to freeze account of the inspected entity; request the agency which controls asset and income and other competent agencies to adopt measures to promptly prevent the inspected entity from destroying or dispersing assets or ensure the implementation of the decision on recall of assets of the head of the inspection authority and the head of the state management agency;
g) Decide stocktaking of assets;
h) Decide to recall assets which are appropriated, illegally used or lost
i) Recommend the competent person to suspend the execution of the decision on discipline, transfer to other jobs, dismissal or retirement of the inspected entity or persons who provide information, documents on contents of inspection in case the execution of the decision may obstruct the inspection;
k) Recommend competent persons to suspend work and handle officials and public employees who intentionally obstruct inspection activities or fail to comply with requests, recommendations or the decision on inspection;
l) Decide to handle according to its competence or recommend competent persons to handle the result of inspection; examine and urge the implementation of the inspection-related decisions;
m) Settle complaints, denunciations, recommendations and reflections related to the responsibilities of the chief and other members of the inspectorate;
n) Suspend or change the chief and other members of the inspectorate;
o) Issue inspection conclusion;
p) Transfer the relevant document and case file enclosed with the written recommendation for prosecution to the investigation agency in case criminal offences are suspected specified in Clause 3 Article 68 of this Law.
q) Impose administrative penalties according to its competence;
r) Perform other duties and powers as prescribed per the law.
2. If it is not necessary to adopt measures specified in points d, dd, e, i and k Clause 1 of this Article, the person who issues the decision on inspection shall decide or recommend immediate cancellation of implementation of the measures.
Article 81. Tasks and powers of the chief of inspectorate
1. The chief of inspectorate shall have the following tasks and powers:
a) Organize and direct the members of the inspectorate to strictly comply with the contents of the decision on inspection;
b) Recommend the person who issues the decision on inspection to adopt measures under its competence according to regulations of this Law and other relevant laws to ensure the fulfillment of requirements and purposes of inspection;
c) Request the inspected entity to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;
d) Request the person competent to decide to temporarily seize assets, licenses or practice certificates that have been illegally used; request the competent agency to temporarily seize the assets undergoing stocktaking;
dd) Request credit institutions to freeze account of the inspected entity; request the agency which controls asset and income and other competent agencies to adopt measures to promptly prevent the inspected entity from destroying or dispersing assets;
e) Decide to seal documents;
g) Decide stocktaking of assets;
h) Terminate or request the competent person to terminate violations;
i) Request the competent person to suspend the execution of the decision on discipline, transfer to other jobs, dismissal or retirement of the inspected entity or persons who provide information, documents on contents of inspection in case the execution of the decision may obstruct the inspection;
k) Impose administrative penalties according to its competence;
l) Report the result of inspection to the person who issues the decision on inspection and take responsibility for the accuracy, truthfulness and objectivity of such report;
m) Perform other duties and powers as prescribed per the law.
2. If it is not necessary to adopt measures specified in points d, dd, e, h and i Clause 1 of this Article, the chief of the inspectorate shall decide or recommend immediate cancellation of implementation of the measures.
Article 82. Tasks and powers of other members of inspectorate
1. Other members of inspectorate who are inspectors shall have the following tasks and powers:
a) Perform tasks under assignment of the chief of inspectorate;
b) Request inspected entities to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;
c) Impose administrative penalties according to its competence;
d) Recommend the chief of the inspectorate to adopt measures under the tasks and powers of the chief specified in Clause 1, Article 81 of this Law to ensure the performance of the assigned tasks;
dd) Report the result of the performance of the assigned tasks to the chief of the inspectorate and take responsibilities to the chief and the law for the accuracy, truthfulness and objectivity of such report;
e) Perform other duties and powers as prescribed per the law.
2. Other members of inspectorate who are not inspectors shall have tasks and powers specified in points a, d, dd and e Clause 1 of this Article.
Article 83. Requesting inspected entities to provide information, documents, report and explanation
1. Throughout inspection, the person who issues the decision on inspection, the chief and other members of the inspectorate who are inspectors shall be entitled to request the inspected entity to provide information, document, written report and explanation for matters related to contents of inspection.
2. The inspected entity shall provide information and documents in a prompt, complete and accurate manner and take responsibility to law for the accuracy and truthfulness of the provided information and documents.
3. The inspection-conducting person shall be responsible for preservation, extraction and use of information and documents for the intended purposes. With regard to document that is original copy, the inspection-conducting person shall be responsible for return to the inspected entity after completion of the inspection.
1. Throughout inspection, the person who issues the decision on inspection, the chief and other members of the inspectorate who are inspectors shall be entitled to request relevant agencies, organizations and individuals to provide information and documents related to inspection contents.
2. Relevant agencies, organizations and individuals shall provide information and documents in a prompt, complete and accurate manner and take responsibilities to law for the accuracy and truthfulness of the provided information and documents.
3. The inspection-conducting person shall be responsible for preservation, extraction and use of information and documents for the intended purposes. With regard to document that is original copy, the inspection-conducting person shall be responsible for return to the agencies, organizations and individuals which have provided information and documents after extraction and use.
1. The chief of the inspectorate shall decide to seal a part of or all the documents of the inspected entity when there are grounds to believe that such documents are relevant to violations or such documents shall be kept completely intact.
The decision on sealing documents shall be made in writing. In particular, the documents that must be sealed, the duration of sealing and the obligations of the inspected entity shall be clearly stated. The sealed documents shall be made into the list with the signatures of the representative of the inspectorate and the inspected entity.
2. The duration of sealing documents shall not be longer than the duration of direct inspection at the inspected location.
The extraction and use of the sealed documents shall be approved by the chief of the inspectorate.
1. The person who issues the decision on inspection or the chief of the inspectorate shall decide stocktaking of the assets of the inspected entity relevant to the contents of inspection in case of detection of any difference between assets recorded in accounting books and actual assets; or detection of signs or abnormalities of legal use or appropriation of assets.
2. The decision on stocktaking of the assets shall be made in writing. In particular, the assets, the time and location for stocktaking, the responsibility of the person who conducts the stocktaking, and the obligations of the person who has assets undergoing stocktaking shall be clearly stated. The stocktaking of assets shall be recorded in writing. In case, the assets subject to stocktaking must be temporarily seized, the chief of the inspectorate shall request the person who issues the decision on inspection or the competent person to decide temporary seizure according to regulations of Article 89 of this Law.
Article 87. Request for external assessment
1. If it is necessary to assess the contents related to expertise and techniques to serve as the basis for conclusions, the chief of the inspectorate shall request the person who issues the decision on inspection to decide request for external assessment. The request for external assessment shall be recorded in writing. In particular, the requirements, contents, the duration of implementation, agencies and organizations that carry out assessment shall be clearly stated.
2. The agencies and organizations which have received request for external assessment shall carry out the assessment and notify the results of assessment within the duration upon the request of the inspection authorities and take responsibilities to the law for the accuracy, objectivity and promptness of the results of assessment.
3. The funding for request for external assessment shall be paid by the inspection-conducting agency. If the inspected entities commit violations, the inspected entities shall pay funding for request for external assessment, except for cases under other regulations of the law.
4. The Government elaborates this Article.
Article 88. Termination of violations;
1. Throughout inspection, in case of detection of violations that cause serious damage to the interests of the State, the legal rights and interests of agencies, organizations and individuals, the person who issues the decision on inspection, the chief of the inspectorate shall decide to terminate violations or recommend the competent person to issue the decision on termination of violations.
2. The decision on termination of violations shall be made in writing. In particular, the reasons, contents, duration of termination and persons who are responsible for implementation shall be clearly stated.
Article 89. Temporary seizure of assets, licenses and practice certificates
1. Throughout inspection, the chief of inspectorate shall request the person who issues the decision on inspection or competent person to decide temporary seizure of assets, licenses or practice certificates in case of detection of illegal use of assets, licenses or practice certificates that must be prevented promptly; or to verify circumstances to serve as evidences for conclusion and handling.
2. The decision on temporary seizure shall be made in writing. In particular, the assets, licenses and practice certificates subject to temporary seizure, the duration of seizure, the responsibility of the person who issues the decision on seizure and the obligations of the person whose the asset, license or practice certificate is temporarily seized shall be clearly stated. The temporary seizure shall be recorded in writing.
3. The preservation and custody of assets, licenses and practice certificates shall comply with regulations of the Government.
Article 90. Requesting credit institution to freeze account of the inspected entity
1. If there are grounds to believe that the inspected entity has dispersed assets, failed to comply with the decision on seizure or recall of assets of the competent person specified in Articles 89 and 91 of this Law, the person who issues the decision on inspection shall request the credit institution where the inspected entity has account to freeze such account to serve inspection.
2. Throughout inspection, if there are grounds to believe that the inspected entity has dispersed assets, the chief of the inspectorate shall request the credit institution where the inspected entity has account to freeze such account to serve inspection.
3. The request for freeze on the account shall be recorded in writing. In particular, the purpose of the freeze, the person whose account is frozen, the time and duration of the freeze and the responsibility for implementation of the credit institution shall be clearly stated.
4. The credit institution at which the inspected entity has account shall promptly, fully implement and make written report on the implementation of the request for freeze on account.
5. The Government elaborates this Article.
Article 91. Recall of assets which are appropriated, illegally used or lost due to violations
1. The person who issues the decision on inspection shall issue the decision on recall of assets when the inspected entity appropriates, illegally uses or loses assets of the State without wait for inspection conclusion, except for cases under other regulations of the law.
2. The decision on recall of assets shall be made in writing. In particular, the assets that must be recalled, the responsibilities of relevant agencies, organizations and individuals, duration of implementation and the responsibilities of persons whose assets are recalled shall be clearly stated. The persons whose assets are recalled shall strictly comply with the decision on recall.
The person who issues the decision on recall shall monitor, examine, urge the implementation of such decision.
3. The Government elaborates this Article.
Section 6. RIGHTS AND OBLIGATIONS OF INSPECTED ENTITIES; SETTLEMENT OF COMPLAINTS, DENUNCIATIONS, RECOMMENDATIONS AND REFLECTIONS ON INSPECTION
Article 92. Rights of inspected entities
1. An inspected entity shall have the following rights:
a) Explain matters related to inspection contents;
b) Complain about the decisions and acts of inspection-conducting persons throughout inspection; complain about the inspection-related decisions in accordance with the law on complaints; make recommendations on the contents of inspection conclusion in case such contents are not accurate;
c) Request compensation for damage, restore other lawful rights and interests as prescribed by the law.
2. Individuals who are the inspected entities shall have the right to denounce violations committed by the inspection-conducting persons in accordance with the law on denunciation.
Article 93. Obligations of inspected entities
1. Comply with the decision on inspection;
2. Provide information and documents in a prompt, complete and accurate manner upon the requests of the inspection-conducting persons and take responsibilities to law for the accuracy and truthfulness of the provided information and documents.
3. Comply with requests, recommendations, inspection conclusions and inspection-related decisions of inspection-conducting persons and competent agencies and individuals.
Article 94. Complaints and recommendations of relevant agencies, organizations and individuals
Relevant agencies, organizations and individuals shall have rights to complain about the administrative decisions and acts of inspection-conducting persons and inspection-related decisions according to regulations of the law on complaints when there are grounds to believe that the decisions or acts are illegal or infringe upon their legal rights and interests; make recommendations on the contents of inspection conclusions in case the contents are not accurate.
Article 95. Competence and procedures for settlement of complaints about inspection
1. The head of inspection authority shall settle complaints about his/her decisions and acts, the decisions and acts of the chief and other members of the inspectorate.
2. The head of the state management agency shall settle complaints about his/her inspection-related decision and the inspection-related decisions of agencies and individuals under its management.
3. The procedures for settlement of complaints about inspection shall comply with regulations of the law on complaints
1. The denunciations and settlement of denunciations of inspection shall comply with regulations of the law on denunciation
2. The head of the state management agency and the head of the inspection authority shall receive and settle recommendations on contents of inspection conclusion in a prompt and legal manner; notify in writing of the result of settlement to the petitioner.
3. The head of the state management agency, the head of inspection authority or the chief of inspectorate shall receive and settle recommendations and reflections on inspection.
4. The Government elaborates competence and procedures for settlement of recommendations on contents of inspection conclusions and recommendations and reflections on inspection.
Section 7. SUPERVISION OF OPERATION OF INSPECTORATE
1. A person who issues the decision on inspection shall supervise operation of the inspectorate.
If necessary, the person who issues the decision on inspection shall issue a decision on assignment of officials or establishment of a supervision team to supervise the operation of the inspectorate (hereinafter referred to as “supervisors”). In particular, the contents, composition, time and method of supervising shall be clearly stated. The decisions on supervision and inspection shall be issued at the same time or the decision on supervision shall be issued in the process of inspection in case there are recommendations, denunciations, information or reflections about the operation of the inspectorate.
2. The heads of agencies and units that directly manage the members of inspectorates shall supervise such members in the process of inspection.
Article 98. Contents of supervision of operation of inspectorate
1. Observance of regulations of the law on grounds, competence and procedures for performance of tasks and exercise of powers in inspection of the chief and other members of the inspectorate.
2. Compliance with the direction by the person who issues the decision on inspection; implementation of the decision on inspection and the detailed inspection plan; compliance with the information and reporting regime.
3. Observance of regulations of the law on prohibited acts of the chief and other members of the inspectorate; receipt of complaints, denunciations, recommendations and reflections in the operation of the inspectorate.
Article 99. Tasks and powers of supervisors
1. Make the plan for supervision and submit to the person who issues the decision on inspection for approval.
2. Discuss with the inspectorate and relevant agencies, organizations and individuals about contents of supervision. The supervisor only works with the inspected entity when there is request of the person who issues the decision on inspection.
3. Request the inspectorate to provide the following information and documents:
a) Decision on inspection, decision on extension of the duration of inspection, decision on termination or change of the chief, other members of the inspectorate, decision on amendment to contents of inspection, the detailed inspection plan, list of issues to be reported on (by the inspected entity), written direction of the person who issues the decision on inspection;
b) Report on performance of tasks of the members of inspectorate to the chief; and the chief of the inspectorate to the person who issues the decision on inspection;
c) Forms of complaints, denunciations, recommendations and reflections related to the operation of the inspectorate (if any);
d) Other documents under the direction of the person who issues the decision on inspection.
4. Report to the person who issues the decision on inspection on contents according to the plan for supervision of operation of the inspectorate and other contents upon the request of the person who issues the decision on inspection. In case of any difference between the operation of the inspectorate and the detailed inspection plan or detection of prohibited acts in inspection of the chief or other members of the inspectorate, the inspectorate shall report to the person who issues the decision on inspection for handling according to regulations of the law.
Article 100. Responsibilities of the chief and other members of inspectorate in supervision
1. Provide information and documents specified in Clause 3 Article 99 of this Law in a prompt, complete and accurate manner.
2. Explain and clarify matters related to contents of supervision upon the request of supervisors.
3. Report to the person who issues the decision on inspection in case of detection of violations of the supervisor in the process of inspection.
Article 101. Organization of supervision, report on the result of supervision
1. The supervision shall be carried out according to the plan for supervision of operation of the inspectorate; and approved by the person who issues the decision on inspection.
2. The supervisor shall review and assess the report of the inspectorate and other information and documents related to the contents of the plan for supervision of the operation of the inspectorate.
3. Within 15 days from the date of completion of direct inspection, the supervisor shall send a report on the result of supervision to the person who issues the decision on inspection. In case of ad hoc supervision upon the request of the person who issues the decision on inspection, the deadline for submission of the report shall be decided by the person who issues the decision on inspection.
4. The result of supervision is one of the grounds for consideration and issuance of inspection conclusions of the person who issues the decision on inspection
IMPLEMENTATION OF SPECTION CONCLUSION
1. The head of the inspection authority shall make a written recommendation to the head of the management agency at the same level to direct the implementation of contents of inspection conclusion.
The written recommendation and the inspection conclusion shall be sent at the same time. In particular, the methods and measures shall be proposed to organize the implementation of the recommendations in inspection conclusion under handling competence of the head of the management agency at the same level.
2. The head of the inspection authority shall report the result of implementation of the inspection conclusion to the head of the management agency at the same level.
Article 103. Responsibility of the head of the state management agency
1. The Prime Minister, the ministers, the presidents of the People's Committees of provinces and the presidents of the People's Committee of districts shall direct the implementation of inspection conclusions of the Government Inspectorate, the ministry inspectorates, the provincial inspectorates and the district inspectorates.
Director General, Directors and Directors of provincial-level departments shall direct implementation of inspection conclusions of sub-ministry inspectorates and inspectorates of provincial-level departments;
2. Within 15 days from the date of receipt of the inspection conclusion, the head of the state management agency at the same level shall issue a document on organization of the implementation of the inspection conclusion of the inspection agency. With regard to conclusion of Government Inspectorate, the Prime Minister shall issue a document on organization of the implementation within 30 days from the date of receipt of the inspection conclusion. A document on organization of inspection conclusion contains the following contents:
a) Handling or request, recommendation to the competent state agency for handling of such violations;
b) Handling or request, recommendation to the competent state agency for handling of officials or public employees who commit violations
c) Implementation or request, recommendation to the competent state agency for implementation of remedial measures, completion of mechanisms, policies and laws
3. In case of direction of the implementation of inspection conclusions, the Prime Minister, the ministers, General Directors, Directors, the presidents of the People's Committees of provinces, Directors of provincial-level departments, the presidents of the People's Committees of district shall be entitled to request the inspected entities to submit the plans to remedy economic violations, assign person who issue inspection conclusions and the heads of relevant agencies and units to consider and submit for approval for the plans to remedy economic violations in order to ensure the thorough recall of state money and assets, and create conditions for the inspected entities to continue to maintain and develop production and trade.
4. The Prime Minister, the ministers, General Directors, Directors, the presidents of the People's Committees of provinces, Directors of provincial-level departments, the presidents of the People's Committees of districts shall assign agencies and units that take charge of organization and officials to preside over and cooperate with supervisory authorities of officials and public employees in handling officials and public employees who commit violations stated in the inspection conclusions; assign Government Inspectorate, the ministry inspectorates, the provincial inspectorates and the district inspectorates to monitor and urge the implementation.
If the heads of supervisory authorities of officials and public employees fail to take actions officials and public employees who commit violations or fail to take actions that are appropriate for the nature and extent of their violations, the Prime Minister, the ministers, the presidents of the People's Committees of provinces, the presidents of the People's Committees of districts shall hold the heads of these supervisory authorities accountable.
1. The inspected entity shall implement the inspection conclusion in a complete and prompt manner before the deadline.
With regard to contents of the inspection conclusion that cannot be immediately implemented, within 10 days from the date of publishing the inspection conclusion, the inspected entity shall develop a plan for implementation of the inspection conclusion and submit it to the competent person. In particular, the progress and reasons shall be clearly stated.
2. Within 15 days from the date of publishing the inspection conclusion, according to the contents of the inspection conclusion, document on organization of the implementation of the inspection conclusion, requests, recommendations and inspection-related decisions, the head of agency or organization that directly manages the inspected entity shall:
a) Completely, promptly and punctually fulfill requests, recommendations and inspection-related decisions within the scope of his/her responsibility;
b) Promptly direct the inspected entity to organize implementation of inspection conclusion, requests, recommendations and inspection-related decisions;
c) Adopt measures according to his/her competence to solve difficulties and problems of the inspected entity during the implementation of inspection conclusion, requests, recommendations and inspection-related decisions;
d) Examine the development of the plan for implementation of inspection conclusion of the inspected entity.
3. The inspected entity, the head of agency or organization that directly manages the inspected entity and relevant agencies, organizations and individuals shall be responsible for report on the result of implementation of inspection conclusion to the competent authority and the head of the inspection authority.
Article 105. Monitoring, urging and examining the implementation of inspection conclusion
1. The heads of inspection authorities, the heads of state management agencies at the same level shall, within the scope of their tasks and powers, monitor, urge, examine and publish the implementation of inspection conclusions and promptly handle problems.
2. The Government Inspectorate shall monitor, urge and examine the implementation of its inspection conclusion and inspection-related decision and the inspection conclusion and inspection-related decision of the Prime Minister.
The ministry inspectorates, the sub-ministry inspectorates, the provincial inspectorates, the inspectorates of provincial-level departments and the district inspectorates shall monitor, urge and examine the implementation of their inspection conclusions and inspection-related decisions and the inspection conclusions and inspection-related decisions of the heads of state management agencies at the same level.
3. The inspection authority shall directly examine the implementation of inspection conclusions and inspection-related decisions of the inspected entity and relevant agencies, organizations and individuals.
4. The Government elaborates this Article.
Article 106. Handling of violations in implementation of inspection conclusions
1. The persons who are responsible for monitoring, urging and examining the implementation of inspection conclusions but fail to perform or fully perform their duties shall be held accountable in accordance with the law.
2. The inspected entities, agencies, organizations and individuals that are responsible for implementation of inspection conclusions and inspection-related decisions but fail to perform or fully perform their duties shall, according to the nature and danger of their violations, incur disciplinary and administrative penalties or face criminal prosecution. In case of damage, they must pay compensation according to regulations of the law.
3. The Government elaborates the handling of violations in implementation of inspection conclusions
COOPERATION IN INSPECTION, STATE AUDIT AND INVESTIGATION
Article 107. Responsibility for cooperation in inspection, state audit and investigation
The inspection-conducting authority, the state audit agency and the investigation agency shall be responsible for cooperation to improve the effectiveness of inspection, state audit and investigation and contribute to prevention and control of crime and other violations in state management.
1. The Inspector General of the Government Inspectorate shall responsible for cooperation with the State Auditor General according to regulations of the Law on State Audit and this Law to ensure the effectiveness and efficiency of inspection and state audit.
2. The cooperation shall be carried out in the process of development and implementation of the annual inspection plan and state audit; handling of overlaps and duplications between inspection and state audit; provision and exchange of information on inspection and audit; use of the result of inspection and audit; training and refresher training of inspection and audit.
3. Annually, the Government Inspectorate and the State Auditor shall evaluate and summarize the handling of overlaps and duplications between inspection and state audit to overcome in case of development of the plan and implementation of inspection and state audit for the following year.
The head of the inspection-conducting authority and the chief auditor of specialized or local state audit unit shall be responsible for cooperation, regular discussion to avoid overlaps and duplications in case of inspection and audit.
In case of detection of overlaps or duplications in contents and scope of inspection with other inspection authorities or state audit agencies, the head of the inspection-conducting authority shall immediately report to the head of the management agency at the same level, the superior inspection authority and notify the relevant state audit agencies, authorities, organizations and units for appropriate solutions to avoid overlaps and duplications and ensure continuity in operation among agencies, organizations and units.
Article 110. Collection of opinions, use of the results of inspection, state audit
1. Throughout state audit and inspection or before issuance of inspection conclusions and audit reports, the state audit and inspection-conducting authorities may collect opinions each other on the necessary contents to ensure accuracy, objectivity, completeness of inspection conclusions and audit reports
2. The inspection-conducting authority shall be entitled to use information, data and conclusion in audit report of state audit for conclusion on inspection. The state audit agency shall be responsible for provision of the result, conclusions and recommendations on audit to the inspection-conducting authority; and the accuracy of the provided information and documents.
Article 111. Responsibility of the investigation agency
The investigation agency shall be responsible for receipt of the written recommendation for prosecution, the case file that criminal offences are suspected and relevant documents transferred by the inspection-conducting authority for handling in accordance with the criminal procedure law.
CONDITIONS FOR ASSURANCE ABOUT INSPECTION
Article 112. Funding for operation of the inspection authority; regimes and policies for inspectors
1. The funding for operation of the inspection authority shall be covered by state budget
2. The management, allocation and use of budget of the inspection authority shall comply with the law on state budget.
3. The inspection authorities shall be entitled to use a part from the amount recovered through inspection and paid to the state budget in accordance with regulations of Standing Committee of the National Assembly to support improvement of the capacity for inspection, strengthen facilities and reward, and encourage organizations and individuals with achievements in inspection.
4. The Government elaborates the regimes, policies, allowances and specific regimes for inspectors.
Article 113. Investment in modernization of inspection
1. The State shall adopt policies on investment and development of science and technology and other means to ensure organization and operation of the inspection-conducting authorities; develop database for inspection; apply information technology and digital technology to inspection; develop standards of inspection to ensure the quality, effectiveness, feasibility, lawfulness, publicity and transparency of inspection.
2. The ministers and the presidents of the People's Committees of provinces shall be responsible for fulfillment of conditions for enhancement and promotion of inspection in a professional, formal manner and ensure gradual modernization, thereby contributing to improvement of the efficiency and effectiveness of state management.
IMPLEMENTATION PROVISIONS
1. The Government elaborates organization and implementation of inspection in the People's Army and the People's Public Security.
2. The organization and implementation of inspection in State Bank of Vietnam shall comply with regulations of this Law and the law on bank.
3. The organization of implementation of inspection in cipher agencies of the Government shall comply with regulations of this Law, the law on cipher and other relevant laws
Article 115. Organization and implementation of internal inspection
1. The inspection authorities of the Supreme People's Court, the Supreme People's Procuracy of Vietnam and the State Audit Unit shall be established in accordance with the law to assist the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People's Procuracy and the State Auditor General to implement inspection in accordance with the law.
2. According to regulations of this Law and other relevant laws, within the scope of their tasks and powers, other agencies of the State and public service providers shall establish internal inspectorates or arrange staff to implement internal inspection in accordance with the Government's regulations to assist the heads of agencies and units in carrying out inspection within the scope of their management. The heads of agencies or units shall be responsible for organization and direction of internal inspection in their agencies or units.
Article 116. Amendments to some Articles of the laws on inspection
1. Some Clauses of Article 46 of the Law on handling of administrative violations No. 15/2012/QH13 amended under Law No. 54/2014/QH13, Law No. 18/2017/QH14 and Law No. 67/2020/QH14 shall be amended as follows:
a) Add the phrase “Chánh Thanh tra Tổng cục, Cục khác thuộc Bộ và tương đương; (other sub-ministry chief inspectors under ministries and equivalent;) after the phrase “Chánh Thanh tra Ủy ban Chứng khoán Nhà nước;” (Chief Inspector of the State Securities Commission) at the first part of Clause 2;
b) Add the phrase “Chánh Thanh tra cơ quan thuộc Chính phủ, Chánh thanh tra tỉnh,” (chief inspectors of Governmental agencies, the provincial chief inspectors;) before the phrase “Cục trưởng Cục Thống kê;” (Directors of Statistics Offices) at the first part of Clause 3;
2. Point a, Clause 2, Article 160 of the Law on Environmental Protection No. 72/2020/QH14 shall be amended as follows:
"a) The planned inspection;”.
1. This Law comes into force as of July, 01 2023.
2. Law No. 56/2010/QH12 on inspection ceases to be effective from the effective date of this Law.
Article 118. Transitional clauses
The inspections with decisions on inspection issued before the effective date of this Law shall continue to comply with regulations of the Law No. 56/2010/QH12 on inspection.
This Law was approved by the 15th National Assembly of the Socialist Republic of Vietnam at its 4th session on November 14, 2022.
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CHAIRMAN OF THE NATIONAL ASSEMBLY |
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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed
