Report on Inspection and Examination Results and Responsibility for Handling Legal Violations on Pricing and Appraisal Pricing
Report on the Results of Inspection, Examination, and Responsibility for Handling Violations of the Law on Pricing and Price Appraisal
Pursuant to Article 71 and Article 72 of the 2023 Law on Pricing, the report on the results of inspection, examination, and responsibility for handling violations of the law on pricing and price appraisal is as follows:
- The report on the results of inspection and the responsibility for handling the results of inspection are carried out in accordance with the provisions of the law on inspection.
- The report on the results of the examination must clearly state the work results of the examination; propose to the entities being examined any economic, administrative, or legal recommendations for handling issues (if any); propose recommendations on amending, supplementing mechanisms, policies, and legal normative documents (if any); propose and recommend competent authorities to monitor, urge, and supervise the implementation of examination conclusions, recommendations, and decisions on examination handling (if any).
- Handling violations of the law on pricing and price appraisal:
+ Organizations and individuals violating the provisions of this Law, depending on the nature and extent of the violation, shall be handled according to the provisions of the law.
+ Organizations and individuals violating the provisions of this Law, apart from being handled according to Clause 1, Article 72 of the 2023 Law on Pricing, will also have information on their violations of the law on pricing and price appraisal publicly announced in the mass media.
+ The Government of Vietnam shall specify in detail the handling of administrative violations in the field of pricing, and the public announcement of information on violations of the law on pricing and price appraisal in the mass media.
Report on the results of inspection, examination, and responsibility for handling violations of the law on pricing and price appraisal (Image from the Internet)
How to Report Inspection Results According to the Inspection Law?
Pursuant to Article 73 of the 2022 Inspection Law, the inspection results report is carried out as follows:
- After the direct inspection ends, the Head of the inspection team is responsible for preparing a report on the inspection results and sending it to the person who made the inspection decision. The report on inspection results must include the following contents:
+ Specific conclusions on each content of the inspection conducted;
+ Clearly determine the nature, extent, and consequences of any violations; the reasons and responsibilities of agencies, organizations, or individuals with violations (if any);
+ Different opinions (if any) between other members of the Inspection Team and the Head of the inspection team regarding the content of the inspection results report;
+ Measures that have been applied and recommendations on solutions, measures for handling, and remedying consequences (if any).
- If corruption or negative behavior is detected during the inspection, the report on inspection results must clearly identify the responsibility of the heads of agencies or organizations where corruption or negative behavior occurs, classified into the following levels:
+ Poor management capability;
+ Lack of management responsibility;
+ Covering up for individuals engaging in corrupt or negative behavior.
- The inspection results report must clearly state the legal provisions that form the basis for determining the nature and extent of the violations, and propose solutions and measures for handling and remedying the consequences.
- The time to prepare the inspection results report is calculated from the date the inspection team finishes the direct inspection and is regulated as follows:
+ For inspections conducted by the Government Inspectorate, the time to prepare the inspection results report must not exceed 30 days, and in complicated cases, it can be extended but not exceeding 45 days;
+ For inspections conducted by Ministry Inspectorates, General Department Inspectorates, Department Inspectorates, or Provincial Inspectorates, the time to prepare the inspection results report must not exceed 20 days, and in complicated cases, it can be extended but not exceeding 30 days;
+ For inspections conducted by Department Inspectorates or District Inspectorates, the time to prepare the inspection results report must not exceed 15 days, and in complicated cases, it can be extended but not exceeding 20 days.
Purpose of Inspection and Examination on Pricing and Price Appraisal
According to Article 67 of the 2023 Law on Pricing, the purposes of inspection and examination on pricing and price appraisal are conducted according to the law on inspection.
The purpose of checking compliance with the law on pricing and price appraisal is to contribute to enhancing discipline and order and bring about positive impacts in price management and price appraisal; identify existing limitations to research and propose amendments, and supplements to legal normative documents on pricing and price appraisal; prevent, detect, and handle violations of the law on pricing and price appraisal.
Principles for Inspection and Examination on Pricing and Price Appraisal According to the Latest Regulations from July 1, 2024
According to Article 68 of the 2023 Law on Pricing, the principles for inspection and examination on pricing and price appraisal are as follows:
- Inspection work must ensure compliance with the principles prescribed by the law on inspection.
- The examination of compliance with the law on pricing and price appraisal must ensure the following principles:
+ Implement according to the plan, direction of competent authorities, or when violations or signs of violations are detected;
+ No overlapping in scope or time with the activities of state inspection, state audit, or examination in the same field for a unit;
+ Objective, public, transparent, with proper authority, order, and procedures according to the provisions of the law;
+ Minimize obstruction and impact on the activities of the subject being examined.
Additionally, the time limits for inspection and examination are as follows:
- The time limit for inspection is in accordance with the law on inspection.
- The time limit for examination is determined in the examination decision but not exceeding 10 days and is calculated from the announcement date of the examination decision; in cases with a large scope or complex content, it can be extended once but not exceeding 10 days. The examination minutes must be made within 5 days from the end of the examination period.
The 2023 Law on Pricing takes effect from July 1, 2024. The provisions in Clause 2, Article 60 of the 2023 Law on Pricing take effect from January 1, 2026.
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