Nghị định 217/2025/NĐ-CP về hoạt động kiểm tra chuyên ngành

DECREE

SPECIALIZED EXAMINATION

Pursuant to the Law No. 63/2025/QH15 on Government Organization;

Pursuant to the Law No. 84/2025/QH15 on Inspection;

At the request of the Inspector General of the Government Inspectorate;

The Government promulgates Decree on specialized examination.

Chapter I

GENERAL PROVISIONS

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This Decree provides for specialized examination.

Article 2. Regulated entities

State authorities, heads of state authorities; authorities and units delegated or authorized to conduct specialized examinations; heads and members of specialized examination teams; authorities, organizations, units and individuals subject to specialized examinations; other relevant authorities, organizations and individuals.

Article 3. Specialized examination purposes

1. Specialized examination means review, assessment and handling by competent authorities and persons of compliance with specialized laws by authorities, organizations and individuals (hereinafter referred to as “organizations and individuals”) under the state management by each sector or field.

2. Specialized examination is aimed at rectifying and raising awareness of compliance with specialized laws; preventing, detecting and imposing or recommending competent authorities and persons to impose measures according to regulations of law to promptly handle violations; and contributing to improvement of the effectiveness and efficiency in state management. Through specialized examination, competent inspection authorities are requested or recommended to conduct inspections when necessary; if there is any sign of crime, they shall recommend prosecution and transfer case files and relevant documents to investigation authorities for consideration and decision on criminal prosecution according to regulations of law.

Article 4. Specialized examination principles

1. Comply with law and conduct specialized examination in an accurate, objective and prompt manner.

2. Avoid duplications of and overlaps between specialized examination and inspection and state audit conducted by competent authorities; and duplications of and overlaps in specialized examinations conducted by other competent authorities having jurisdiction to conduct specialized examinations.

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4. Jurisdiction to conduct examination shall be determined on the basis of principles of state management by sector, field, locality and territory.

5. Give priority to online and remote examinations on the basis of electronic data.

6. Exempt enterprises, business households and entrepreneurs that strictly comply with regulations of law from on-site examinations.

Article 5. Prohibited acts

1. Persons having jurisdiction to conduct specialized examinations shall be prohibited from

a) Abusing their positions and powers to harass or annoy organizations and individuals subject to specialized examinations;

b) Illegally interfering in operations of entities subject to specialized examinations;

c) Receiving bribes, gifts or material or spiritual benefits in any form from entities subject to specialized examinations;

d) Illegally using information and documents collected during specialized examinations;

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e) Committing other prohibited acts according to regulations.

2. Entities subject to specialized examinations and relevant authorities, organizations and individuals shall be prohibited from

a) Obstructing, opposing, threatening or intimidating on-duty officers during specialized examinations;

b) Failing to abide by specialized examination decisions and comply with requirements imposed by specialized examination teams;

c) Concealing, destroying, or falsifying documents and evidence related to specialized examinations;

d) Failing to provide information or documents, or promptly provide full, accurate or truthful information or documents for specialized examination teams;

dd) Giving or brokering bribes; making impacts, thereby resulting in distortion of results of specialized examinations;

e) Committing other prohibited acts according to regulations.

Chapter II

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Article 6. Jurisdiction to conduct specialized examinations

1. Ministers and heads of ministerial authorities have jurisdiction to conduct specialized examinations under their state management.

Heads of units affiliated to ministries and ministerial authorities have jurisdiction to conduct specialized examinations of organizations and individuals under their management as delegated or authorized.

Directors and holders of equivalent positions of units affiliated to ministries and ministerial authorities have jurisdiction to conduct specialized examinations of organizations and individuals under their management as delegated.

2. Chairpersons of People's Committees at all levels have jurisdiction to conduct specialized examinations of organizations and individuals under the state management of People's Committees at the same level.

Heads of specialized authorities affiliated to People's Committees at all levels have jurisdiction to conduct specialized examinations of organizations and individuals under their management to advise and assist People's Committees at the same level to perform state management.

Directors and holders of equivalent positions of specialized authorities affiliated to provincial People's Committees have jurisdiction to conduct specialized examinations of organizations and individuals under their management as delegated.

Article 7. Duties and powers of Heads of state authorities over specialized examinations; of heads of units conducting specialized examinations

1. Ministers, Heads of ministerial authorities, Chairpersons of provincial People's Committees

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b) Direct and cooperate in the handling of duplications and overlaps between specialized examinations and inspections as prescribed in clause 2, Article 58 of the Law on Inspection; cooperate in handling duplications and overlaps with specialized examinations conducted by other authorities according to the principle of discussion for agreement. In case of disagreement, report to Heads of superior state authorities for consideration and decision.

c) Request competent inspection authorities to conduct inspections if cases are complicated or involve management responsibilities of authorities at multiple levels, sectors, fields or when necessary;

d) Timely direct implementation of and implement within their jurisdiction recommendations given by specialized examination teams;

dd) Direct final review, consolidation and report on specialized examinations under their management.

2. Heads of competent examination units affiliated to ministries and ministerial authorities and heads of specialized authorities affiliated to People's Committees at all levels

a) Conduct specialized examinations when there are signs of violations or assigned by Ministers, Heads of ministerial authorities, Chairpersons of provincial People's Committees.

If necessary, according to state management requirements, develop thematic examination plans and submit them to Ministers, Heads of ministerial authorities, Chairpersons of People's Committees at all levels for approval; promulgate and organize the implementation of such plans.

Thematic examination plans prepared by ministries, ministerial authorities and provincial People's Committees shall be sent to the Government Inspectorate and relevant inspection authorities to handle overlaps and duplications.

Thematic examination plans prepared by commune-level People's Committees and of specialized authorities affiliated to provincial People's Committees shall be sent to provincial inspectorates and relevant inspection authorities to handle overlaps and duplications;

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c) Handle violations within their jurisdiction or recommend competent authorities to promptly impose penalties upon authorities, organizations and individuals that commit violations in accordance with the law on handling administrative violations; in case there are signs of crime, transfer information to investigation authorities for consideration and handling according to regulations;

d) Recommend competent authorities or persons to amend mechanisms, policies and laws in case limitations and inadequacies in such mechanisms, policies and laws are detected through specialized examinations;

dd) Decide to suspend specialized examinations in case such examinations cannot be conducted due to force majeure; decide to terminate specialized examinations in case entities subject to specialized examinations no longer exist, contents to be examined have been inspected, prosecution decisions have been issued or as requested by heads of competent state authorities;

e) Issue written requests for correction and remedy to shortcomings and limitations after specialized inspections and send them to entities subject to specialized examinations;

g) Finally review, consolidate and report specialized examinations within their state management.

Article 8. Duties and powers of head and members of specialized examination team

1. Request each entity subject to examination to provide information, records, documents, products, goods, and services to serve the examination; require explanation and clarification of related contents.

2. Recommend the head of the authority/unit having jurisdiction to conduct specialized examination and another competent authority or person to impose necessary measures according to regulations of law on handling administrative violations to fulfill requirements and purposes of specialized examination.

3. Record administrative violations, enforce termination of violations, handle administrative violations and exercise other rights according to regulations of the law on handling administrative violations.

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5. Perform other duties and powers as per law.

Article 9. Rights and obligations of entities subject to examinations

1. An entity subject to examination has the following rights

a) Explain matters related to specialized examination;

b) Have technology secrets, trade secrets, personal data protected as per law;

c) Refuse to provide information, records, documents, products, goods, and services not related to specialized examination;

d) Make complaints, denunciations and recommendations and give feedback about specialized examination, and issue specialized examination-related decisions as per law;

dd)  Exercise other rights according to regulations of law. 

2. An entity subject to examination has the following obligations

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b) Fully and promptly provide information, records, documents, products, goods and services related to specialized examination when requested; be responsible for the legality, accuracy and honesty of the information, records, documents, products, goods and services that have been provided;

c) Abide by the specialized examination-related decision;

Article 10. Responsibilities of relevant authorities, organizations and individuals

1. Cooperate and respond to requests, implement proposals and execute decisions issued by specialized examination teams and competent persons according to regulations of law.

2. Supervise operations conducted by specialized examination teams; exercise their rights to make complaints, denunciations and recommendations and give feedback as per law;

Chapter III

PROCEDURES FOR SPECIALIZED EXAMINATION

Article 11. Specialized examination decision

1. The competent person specified in Article 6 of this Decree shall issue a specialized examination decision.

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a) Detection of signs of violations or incidents, events, or abnormalities according to regulations of specialized laws;

b) As directed by the head of state authority; as requested/required by the competent authority or person;

c) According to the thematic examination plan (if any).

3. The specialized examination decision shall contain the following contents

a) Grounds for issuance of the specialized examination decision:

b) Scope and contents;

c) Entity subject to specialized examination:

d) Specialized examination duration;

dd) Specialized examination team.

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Article 12. Specialized examination team

1. A specialized examination team is established to conduct specialized examination as decided by a competent person.  The specialized examination team consists of a head, deputy head (if any) and members.

2. The head and members of the specialized examination team shall be knowledgeable about the law and have capacity and expertise appropriate to the specialized examination; they do not face disciplinary actions or criminal prosecution and come into conflicts of interests with the entity subject to examination according to regulations.

The head of specialized examination team shall be provided with training in specialized examination.

Article 13. Location and duration of specialized examination

1. The examination team shall work  at the head office or workplace of the authority, organization, unit or individual that is entity subject to examination, the head office of the authority or unit conducting the examination, or at the location where the examination  and verification are conducted according to the detailed examination plan.

2. Specialized examination duration;

a) Duration for a specialized examination conducted by a unit affiliated to a ministry or ministerial authority shall not exceed 15 days. In a complicated case or an area where travel is difficult, its duration can be extended once for not more than 07 more days.

b) Duration for a specialized examination conducted by a specialized authority affiliated to the provincial People's Committee shall not exceed 10 days. In a complicated case or an area where travel is difficult, its duration can be extended once for not more than 05 more days;

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d) The examination duration begins from the date of public announcement of the examination decision.

Article 14. Detailed specialized examination plan

1. The person assigned to act as the head of the specialized examination team is responsible for developing and issuing a detailed specialized examination plan and submitting it to the examination decision issuer for approval.

2. The detailed specialized examination plan contains objectives, requirements, entities subject to specialized examination, contents, time, location, examination methods, assignment of duties to members of the examination team and expected resources for specialized examination.

Article 15. Examination and imposition of penalties for violations

1. A specialized examination decision shall be publicly announced

The head of specialized examination team shall publicly announce the specialized examination decision to the entity subject to examination and notify a working program.

 In case of detection of a flagrant violation against the law, he/she shall conduct the examination, draw up an administrative violation record and handle it as per law.

2. The examination team shall collect, review, and assess relevant information, records, documents, products, goods, and services.

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a) The examination team shall draw up an examination record, clearly stating the composition of the examination team, the entity subject to examination, relevant organizations and individuals, examination content, verification result, opinions of the entity subject to examination and relevant organizations and individuals (if any). The examination record shall bear signatures of the head of examination team, the entity subject to examination, relevant organizations and individuals (if any).  If the entity subject to examination fails to sign the examination record, the signature of a representative of local government of commune where the violation is committed or of at least one witness who confirms that the entity fails to sign the record is required.

b) If it is detected that the organization/individual commits an administrative violation, the examination team shall draw up an administrative violation record and implement measures for handling the violation as per law;

c) Through the examination, in case of consideration, assessment and clarification beyond the jurisdiction of the head of examination team, he/she shall report to the specialized examination decision issuer to request or recommend the competent inspection authority to conduct an inspection;

d) In case of detection of any sign of crime, the head of examination team shall report to the specialized examination decision issuer to recommend prosecution and transfer the case file and relevant documents to the investigation authority for consideration and decision on institution of criminal proceedings as per law;

dd) When necessary or at the request of the specialized examination decision issuer, the head of examination team shall prepare an specialized examination result report and a written request for correction and remedy to existing shortcomings and limitations after the specialized examination and submit them to the specialized examination decision issuer.

4. The specialized examination may be conducted online, offline or remotely on the basis of electronic data.

The person having jurisdiction to conduct specialized examination shall be responsible for directing and developing the application of information technology and digital transformation to specialized examination; enhancing online and remote examinations on the basis of electronic data to save time, costs and resources; and ensuring that examinations are carried out promptly and effectively, thereby meeting state management requirements.

Article 16. Organization of execution of specialized examination-related decisions

1. The head of the authority or unit conducting the specialized examination shall be responsible for direction and organization to monitor and urge the execution of decision to handle administrative violation and other decisions according to regulations of the law on handling administrative violations and relevant laws and the written request for correction and remedy to existing shortcomings and limitations after the specialized examination (if any); if necessary, the head of the superior state authority shall be notified for imposition of measures, thereby making sure that specialized examination-related decisions are executed fully and properly.

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Chapter IV

HANDLING OF VIOLATIONS AND IMPLEMENTATION CLAUSES

Article 17. Handling of violations

1. If any person conducting specialized examination commits one of the prohibited acts specified in clause 1 Article 5 of this Decree, depending on the nature and severity of his/her act, he/she shall incur disciplinary penalty or face criminal prosecution as per law.

2. Entities subject to specialized examinations and relevant organizations and individuals that commit the prohibited acts specified in clause 2 Article 5, clause 2 Article 9 of this Decree shall, depending the nature and severity of their acts, incur disciplinary and administrative penalties or face criminal prosecution. In case of damage, they shall pay compensation according to regulations of the law.

Article 18. Effect and implementation responsibilities

1. This Decree comes into force from the signing date.

2. Implementation responsibilities

a) The Inspector General of the Government Inspectorate shall be responsible for providing guidance on the implementation of this Decree;

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c) Ministers, Heads of ministerial authorities, Chairpersons of People's Committees at all levels and relevant authorities, organizations, units and individuals shall be responsible for implementing this Decree./.

Article 19. Transition clauses

Specialized examinations on which decisions are issued before the effective date of this Decree shall continue to be conducted as per law.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh