What is the duration of normal inspection in Vietnam? In what cases can the duration of inspection be extended?
What is the duration of normal inspection in Vietnam?
Pursuant to Clause 1, Article 47 of the 2022 Law on Inspection in Vietnam stipulating as follows:
Duration of inspection in Vietnam
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 ministerial inspectorate, sub-ministerial 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.
Thus, the duration of normal inspection is specified:
- Up to 60 days during the inspection conducted by the Government Inspectorate;
- Up to 45 days during the inspection conducted by the ministerial inspectorate, sub-ministerial inspectorate or provincial inspectorate;
- Up to 30 days during the inspection conducted by the inspectorate of provincial-level department or district inspectorate.
What is the duration of normal inspection in Vietnam? In what cases can the duration of inspection be extended? (Image from the internet)
In what cases can the duration of inspection be extended?
Pursuant to Article 48 of the 2022 Law on Inspection in Vietnam, the cases in which the duration of inspection may be extended are specified as follows:
Extension of duration of inspection in Vietnam
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.
Thus, according to the above provisions, there are cases where the duration of inspection is extended as follows:
- Complicated cases and request for external assessment or verification and clarification of cases involved in foreign elements within the contents and scope of inspection;
- Complicated cases, verification and clarification of corruption according to regulations of the law on anti-corruption;
- Complicated cases, and the inspected entities, relevant agencies, organizations and individuals fail to cooperate, obstruct, oppose or cause difficulties for inspection, thereby affecting the duration of inspection.
- Extremely complicated cases and complicated inspection involved in many domains and local areas;
- Extremely complicated cases and inspection with at least 02 elements subject to extension which fall into complicated cases.
How long can the duration of inspection be extended?
Pursuant to Clause 1, Article 47 of the 2022 Law on Inspection in Vietnam, the duration of an inspection is as follows:
Duration of inspection in Vietnam
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 ministerial inspectorate, sub-ministerial 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.
Thus, the inspection extension time is prescribed as follows:
- In case of complicated inspection:
+ Can be extended once for no more than 30 days with the inspection conducted by the Government Inspectorate.
+ Can be extended once for no more than 30 days with the inspection conducted by the ministerial inspectorate, sub-ministerial inspectorate or provincial inspectorate.
+ It is possible to extend once for no more than 15 days for the inspection conducted by the inspectorate of provincial-level department or district inspectorate.
- In case the inspection is particularly complicated:
+ The second extension is possible for no more than 30 days with the inspection conducted by the Government Inspectorate.
+ Can be extended once for no more than 30 days with the inspection conducted by the ministerial inspectorate, sub-ministerial inspectorate or provincial inspectorate.
The 2022 Law on Inspection in Vietnam takes effect from July 1, 2023.
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