What is the duration of re-inspection in Vietnam? What are the tasks and powers of chiefs of inspectorates in charge of re-inspection?
What is the duration of re-inspection in Vietnam?
Pursuant to Article 20 of Decree No. 43/2023/ND-CP as follows:
Duration of re-inspection
1. The duration for an inspection conducted by the Government Inspectorate shall not exceed 45 days.
2. The duration for an inspection conducted by the ministerial inspectorate or the provincial inspectorate shall not exceed 30 days.
Thus, the duration for re-inspection is 45 days for an inspection conducted by the Government Inspectorate, 30 days for an inspection conducted by the ministerial inspectorate or the provincial inspectorate.
What is the duration of re-inspection in Vietnam? What are the tasks and powers of chiefs of inspectorates in charge of re-inspection?
What are the tasks and powers of chiefs of inspectorates in charge of re-inspection in Vietnam?
Pursuant to Article 23 of Decree No. 43/2023/ND-CP, the tasks and powers of chiefs of inspectorates in charge of re-inspection are as follows:
Tasks and powers of persons issuing inspection decisions, chiefs and members of inspectorates in charge of re-inspection
When conducting re-inspection, persons issuing inspection decisions, chiefs, deputy chiefs and members of inspectorates in charge of re-inspection shall perform their tasks and exercise their powers prescribed in Articles 80, 81 and 82 of the Law on Inspection and in accordance with this Decree.
Thus, the tasks and powers of the chiefs of inspectorates in charge of re-inspection will be performed according to the tasks and powers of the chiefs of inspectorates in Article 81 of the 2022 Law on Inspection of Vietnam. To be specific:
Tasks and powers of the chief of inspectorate in Vietnam
1. The chief of inspectorate in Vietnam shall have the following tasks and powers:
a) Organize and direct the members of the inspectorate to strictly comply with the contents of the decision on inspection;
b) Recommend the person who issues the decision on inspection to adopt measures under its competence according to regulations of this Law and other relevant laws to ensure the fulfillment of requirements and purposes of inspection;
c) Request the inspected entity to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;
d) Request the person competent to decide to temporarily seize assets, licenses or practice certificates that have been illegally used; request the competent agency to temporarily seize the assets undergoing stocktaking;
dd) Request credit institutions to freeze account of the inspected entity; request the agency which controls asset and income and other competent agencies to adopt measures to promptly prevent the inspected entity from destroying or dispersing assets;
e) Decide to seal documents;
g) Decide stocktaking of assets;
h) Terminate or request the competent person to terminate violations;
i) Request the competent person to suspend the execution of the decision on discipline, transfer to other jobs, dismissal or retirement of the inspected entity or persons who provide information, documents on contents of inspection in case the execution of the decision may obstruct the inspection;
k) Impose administrative penalties according to its competence;
l) Report the result of inspection to the person who issues the decision on inspection and take responsibility for the accuracy, truthfulness and objectivity of such report;
m) Perform other duties and powers as prescribed per the law.
Thus, when conducting re-inspection, the chiefs of inspectorates in charge of re-inspection has the above-mentioned tasks and powers.
What are the tasks and powers of members of inspectorates in charge of re-inspection in Vietnam?
Pursuant to the provisions of Article 23 of Decree No. 43/2023/ND-CP, when conducting re-inspection, members of inspectorates in charge of re-inspection shall perform the tasks and powers of other members of inspectorate.
Specifically, referring to the provisions of Article 82 of the 2022 Law on Inspection of Vietnam as follows:
Tasks and powers of other members of inspectorate in Vietnam
1. Other members of inspectorate in Vietnam who are inspectors shall have the following tasks and powers:
a) Perform tasks under assignment of the chief of inspectorate;
b) Request inspected entities to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;
c) Impose administrative penalties according to its competence;
d) Recommend the chief of the inspectorate to adopt measures under the tasks and powers of the chief specified in Clause 1, Article 81 of this Law to ensure the performance of the assigned tasks;
dd) Report the result of the performance of the assigned tasks to the chief of the inspectorate and take responsibilities to the chief and the law for the accuracy, truthfulness and objectivity of such report;
e) Perform other duties and powers as prescribed per the law.
2. Other members of inspectorate who are not inspectors shall have tasks and powers specified in points a, d, dd and e Clause 1 of this Article.
Thus, members of inspectorates in charge of re-inspection have the above tasks and powers.
If a member of inspectorates in charge of re-inspection is not an inspector, the following 02 contents shall not apply:
- Request inspected entities to provide information and documents;
- Impose administrative penalties.
Decree No. 43/2023/ND-CP takes effect from August 15, 2023.
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