What are the procedures for re-inspection according to the latest regulations? Who has the authority to decide re-inspection in Vietnam?
What are the procedures for re-inspection in Vietnam according to the latest regulations?
The procedures for re-inspection are specified in Article 21 of Decree 43/2023/ND-CP. As follows:
Procedures for re-inspection
1. Procedures for an inspection shall be carried out as follows:
a) Issuing an inspection decision;
b) Publishing the inspection decision;
c) Developing and sending an outline to request the inspected entity to make report;
d) Collecting information and documents related to inspection contents;
dd) Checking and verifying information and documents;
e) Reporting inspection results;
g) Making a draft inspection conclusion;
h) Issuing the inspection conclusion;
i) Publishing the inspection conclusion;
2. Procedures for conducting re-inspection specified in Clause 1 of this Article shall be carried out according to regulations of Sections 2, 3 and 4 of Chapter IV of the Law on Inspection.
Thus, the procedures for re-inspection are carried out in the following 9 steps:
- Step 1: Issuing an inspection decision
- Step 2: Publishing the inspection decision
- Step 3: Developing and sending an outline to request the inspected entity to make report
- Step 4: Collecting information and documents related to inspection contents
- Step 5: Checking and verifying information and documents
- Step 6: Reporting inspection results
- Step 7: Making a draft inspection conclusion
- Step 8: Issuing the inspection conclusion
- Step 9: Publishing the inspection conclusion.
The specific content of each step will be implemented according to section 2, section 3 and section 4, Chapter IV of the Law on Inspection 2022.
What are the procedures for re-inspection according to the latest regulations? Who has the authority to decide re-inspection in Vietnam?
What are the grounds for re-inspection in Vietnam?
Pursuant to the provisions of Clause 1, Article 56 of the Law on Inspection 2022, there are 05 grounds for re-inspection.
Specifically:
- There are serious violations against regulations on the procedures in the process of inspection;
- There are mistakes in the application of the law in case of conclusion of the inspection;
- The contents of inspection conclusions are not consistent with the evidence that have been collected in the process of inspection;
- The inspection-conducting persons intentionally falsify the case files or make illegal conclusions;
- There are signs of serious violations of the inspected entities but the signs of serious violations have not been fully detected throughout the inspection.
The determination of the above grounds is guided in Article 19 of Decree 43/2023/ND-CP as follows:
Grounds for re-inspection
Grounds for re-inspection according to regulations in Clause 1 Article 56 of the Law on Inspection:
1. There are serious violations against regulations on procedures during the inspection, thereby causing defects in contents of inspection conclusions, including: failure to develop and send the list of issues to be reported on by the inspected entity; failure to collect information and documents related to inspection contents; failure to check or verify information and documents; and failure to report inspection results obtained from the inspectorate.
2. There are errors in the application of the law when inspection conclusions are made. To be specific: applying regulations of the law in an improper manner or applying legal documents that are invalid, thereby causing defects in contents of inspection conclusions.
3. Contents of inspection conclusions are not consistent with evidences that have been collected during the inspection, thereby causing improper assessment, aggravation, mitigation or omission of violations committed by the inspected entities; or there are complaints that handling violations is not inconsistent with the nature and danger of the detected violations.
4. Inspection-conducting persons intentionally falsify case files. To be specific: they add, remove, modify, swap, destroy or damage the information, documents and evidences of the inspection or conduct other tricks in order to falsify the contents of the case files.
5. Superior inspection agencies or other competent agencies detect signs of serious violations committed by the inspected entities but have not yet fully detected violations via inspection according to contents stated in inspection decisions and detailed inspection plans that have previously made by inspectorates
Thus, re-inspection is carried out when 01 of the 05 grounds mentioned above is identified.
How long is the duration for an re-inspection in Vietnam?
Pursuant to the provisions in Article 20 of Decree 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 time for re-inspection is 45 days for Government inspections, 30 days for Ministry and province inspections.
Who has the authority to decide re-inspection in Vietnam?
Re-inspection authority is specified in Article 18 of Decree 43/2023/ND-CP as follows:
Authority to conduct re-inspection
1. The Inspector General of the Government Inspectorate shall decide re-inspection of cases which the conclusions have been made by the ministerial inspectorate, the inspection agency of the governmental agency or the provincial inspectorate when there are signs of serious violations.
2. The ministerial chief inspectors shall decide re-inspection of cases which the conclusions have been made by sub-ministerial inspectorates, other specialized authorities assigned to conduct inspection under ministries; and cases which the conclusions have been made by inspectorates of provincial-level departments under the scope of state management by ministries when there are signs of serious violations.
3. The provincial chief inspectors shall decide re-inspection of cases which the conclusions have been made by inspectorates of provincial-level departments and the district inspectorates when there are signs of serious violations.
Accordingly, when there are signs of violations, the following subjects have the right to decide to re-inspect:
- The Inspector General of the Government Inspectorate shall decide re-inspection of cases which the conclusions have been made by the ministerial inspectorate, the inspection agency of the governmental agency or the provincial inspectorate.
- The ministerial chief inspectors shall decide re-inspection of cases which the conclusions have been made by sub-ministerial inspectorates, other specialized authorities assigned to conduct inspection under ministries; and cases which the conclusions have been made by inspectorates of provincial-level departments under the scope of state management by ministries.
- The provincial chief inspectors shall decide re-inspection of cases which the conclusions have been made by inspectorates of provincial-level departments and the district inspectorates.
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