Decision maker for changing the Head of the Inspectorate of officials and public employees must state the reason in writing in Vietnam

On December 10, 2012, the Ministry of Home Affairs issued Circular 09/2012/TT-BNV stipulating the procedures and content of inspections concerning the recruitment, use, and management of officials and public employees in Vietnam.

Người quyết định thay đổi Trưởng đoàn thanh tra phải nêu rõ lý do bằng văn bản, Thông tư 09/2012/TT-BNV

Decision maker for changing the Head of the Inspectorate of officials and public employees must state the reason in writing in Vietnam (Illustrative photo)

As stipulated in Article 10 of Circular 09/2012/TT-BNV regarding the change of the inspection team leader in the recruitment, utilization, and management of officials and public employees, the specific provisions are as follows:

- If the person issued the inspection decision proactively changes the Head of the inspection team, they must notify the current Head of the inspection team in writing of the reasons. If the Head of the inspection team requests to be replaced, they must send a written explanation to the person who issued the inspection decision.

- The person designated to replace the Head of the inspection team is responsible for drafting the decision to change the Head of the inspection team and submitting it to the person who issued the inspection decision for signature and issuance. The time for drafting and submitting the decision to change the Head of the inspection team should not exceed 02 working days from the time assigned by the person who issued the inspection decision.

- Within 02 working days of receiving the draft decision to change the Head of the inspection team, the person who issued the inspection decision must review, sign, and issue it.

Regarding the replacement of members of the inspection team, the regulations are as follows:

- If the Head of the inspection team proposes to change a member of the inspection team, they must submit a written explanation to the person who issued the inspection decision, detailing the reasons for the change;

- If the person who issued the inspection decision agrees to the change, the Head of the inspection team is responsible for drafting the decision to change the member and submitting it to the person who issued the inspection decision for signature and issuance. The time for drafting and submitting the decision to change a member of the inspection team should not exceed 02 working days from the time the person who issued the inspection decision agrees;

- Within 02 working days of receiving the draft decision to change a member of the inspection team, the person who issued the inspection decision must review, sign, and issue it.

Additionally, regarding the addition of members to the inspection team in Vietnam, the specific provisions are as follows:

- If it is necessary to add members to the inspection team, the Head of the inspection team must submit a written proposal to the person who issued the inspection decision for consideration and decision. The proposal must clearly state the reason, name, and title of the additional member;

- If the person who issued the inspection decision agrees to the addition, the Head of the inspection team must draft the decision and submit it for signature and issuance. The time for drafting and submitting the decision to change or add a member of the inspection team should not exceed 02 working days from the time the person who issued the inspection decision agrees to the change or addition;

- Within 02 working days of receiving the draft decision to add a member to the inspection team, the person who issued the inspection decision must review, sign, and issue it.

Note: The Head of the inspection team is responsible for notifying the changes to the Head of the inspection team, any changes to the members of the inspection team, and any additions of members to the inspection team to the inspection subject for coordination in implementation.

Detailed information can be found in Circular 09/2012/TT-BNV, which comes into effect in Vietnam from February 1, 2013.

Le Vy

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