What are the latest regulations on agencies performing the inspection function in Vietnam? Shall the right to establish Departmental Inspectorates be assigned to the Province-level People's Committees?
- Vietnam: What are the highlights of the Law on Inspection 2022?
- What are the latest regulations on agencies performing the inspection function in Vietnam?
- Shall the right to establish Departmental Inspectorates in Vietnam be assigned to the Province-level People's Committees?
- What is the time limit for issuing inspection conclusions in Vietnam according to the latest regulations?
Vietnam: What are the highlights of the Law on Inspection 2022?
On November 14, the National Assembly of Vietnam voted to pass the Law on Inspection 2022 with 459 deputies approving it (equivalent to 92.17% of the total number of National Assembly deputies).
In which, 03 highlights are noted as follows:
- The Inspectorate of the General Department, Department is established under the provisions of Section 3 Chapter II of the Law on Inspection 2022.
- Province-level People's Committee may decide to establish departmental inspectors
- Specify the time for issuing inspection conclusions.
What are the latest regulations on agencies performing the inspection function in Vietnam? Shall the right to establish Departmental Inspectorates be assigned to the Province-level People's Committees?
What are the latest regulations on agencies performing the inspection function in Vietnam?
Pursuant to Article 4 of the Law on Inspection 2022, the agency performing the inspection function is as follows:
The agency performing the inspection function
1. Inspection agencies by administrative level include:
a) Government Inspector;
b) Inspectors of provinces and centrally run cities (hereinafter referred to as Provincial Inspectors);
c) Inspectors of urban districts, rural districts, towns, provincial cities and centrally run cities (hereinafter referred to as district inspectorates);
d) The inspection agency at the special administrative - economic unit shall be prescribed by the National Assembly.
2. Inspection agencies by branch or field include:
a) Inspectors of ministries, ministerial-level agencies (hereinafter collectively referred to as Ministry Inspectors);
b) Inspectors of General Departments, Departments of Ministries and equivalents (hereinafter referred to as Inspectors of General Departments and Departments);
c) Department inspection.
3. The inspection agency in the agency attached to the Government.
4. Inspection agencies in the People's Army, People's Public Security, the State Bank of Vietnam, and government agencies.
5. Agencies assigned to perform the specialized inspection function.
Accordingly, from July 1, 2023, state inspection agencies, including: Government Inspectorate; Inspectorate of the Ministry; Inspector General, Department; Provincial Inspectors; Inspectorate; District Inspector.
Inspectors of the General Department and Departments are established in 3 cases specified in Clause 2, Article 18 of the Law on Inspection 2022:
+ According to the provisions of law;
+ According to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory;
+ At the General Department, the department under the department has the scope of State management subjects in specialized, large, complex and important fields for socio-economic development according to the Government's regulations.
The Department Inspectorate is an agency of the Department, assisting the Director of the Department in conducting administrative and specialized inspections, receiving citizens, settling complaints and denunciations, and preventing and combating corruption in accordance with the law.
At the same time, departmental inspection regulations are established in a number of departments with a wide scope of management and complex specialized management requirements according to the Government's regulations. The establishment of inspectors at other departments shall be decided by the provincial People's Committees based on the assigned management and staffing requirements.
Shall the right to establish Departmental Inspectorates in Vietnam be assigned to the Province-level People's Committees?
Another new point is to give active authority to the Province-level People's Committee in the establishment of departmental inspectors (except for some special cases).
As such, not all departments have established inspection bodies.
According to the provisions of Article 26 of the Law on Inspection 2022, departmental inspectors are established in 3 cases:
+ According to the provisions of law;
+ The department has a wide management scope and complex specialized management requirements according to the Government's regulations;
+ At the department, decided by the provincial People's Committee based on the requirements of local state management and the assigned payroll.
Previously, the National Assembly passed clearly stating that the departmental inspector is an agency of the department, performing the inspection task within the scope of which the department is assigned to advise and assist the provincial People's Committee in performing state management; perform the task of receiving citizens, settling complaints and denunciations, and preventing and combating corruption and negativity in accordance with law.
In departments where inspection agencies are not established, the director of the department assigns the department's units to perform the tasks and powers in the reception of citizens, settlement of complaints and denunciations, the prevention and combat of corruption and negativity.
Provincial inspectors are assigned to perform specialized inspection tasks with agencies, organizations and individuals under the management of departments that do not establish inspection agencies.
What is the time limit for issuing inspection conclusions in Vietnam according to the latest regulations?
Pursuant to Article 78 of the Law on Inspection 2022, the deadline for issuing inspection conclusions is as follows:
- Within 15 days after receiving the draft inspection conclusion, the decision issuer shall sign and promulgate the inspection conclusion and take responsibility for his/her conclusions and recommendations.
The heads of the supplying state management agencies shall have to urge and inspect to ensure the issuance of inspection conclusions on time as prescribed.
- Within 30 days after receiving the written report, the head of the state management agency at the same level shall give his/her written opinion on the reported content;
In case the head of the state management agency does not respond or has no opinion different from the draft inspection conclusion, the inspection decision issuer shall immediately issue the inspection conclusion.
In case heads of state management agencies at the same level give written opinions requesting the addition of draft inspection conclusions, within 30 days from the date of receipt of such documents, inspection decision issuers must: issue inspection conclusions.
Law on Inspection 2022 takes effect from July 1, 2023
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