What are the procedures for dismissal of inspectors in Vietnam? When will inspectors be dismissed?
What are the procedures for dismissal of inspectors in Vietnam?
Pursuant to Decree 43/2023/ND-CP on elaboration of some Articles and measures for enforcement of the Law on Inspection 2022.
The order and procedures for removing inspectors from duty shall comply with the provisions of Article 12 of Decree 43/2023/ND-CP as follows:
Dismissal of inspectors
1. Dismissal of inspectors shall comply with regulations in Clause 1, Article 42 of the Law on Inspection.
2. The agency having authority to appoint an inspector rank shall have authority to dismiss such inspector rank.
3. Dismissal procedures:
a) The head of an agency or unit that directly manages inspectors shall make a written request for the dismissal of inspectors;
b) Agencies, units, departments and persons assigned to be in charge of organization of inspectors shall, according to delegation of management of inspectors, make draft decisions on dismissal, collect relevant documents and submit them to competent authorities for issuance of decisions on dismissal;
c) Agencies, units, departments and persons assigned to be in charge of organization of inspectors shall notify decisions on dismissal and revocation of cards and other equipment in service of inspection.
Thus, the dismissal of Inspectors is carried out according to the following order and procedures:
- The head of an agency or unit that directly manages inspectors shall make a written request for the dismissal of inspectors;
- Agencies, units, departments and persons assigned to be in charge of organization of inspectors shall, according to delegation of management of inspectors, make draft decisions on dismissal, collect relevant documents and submit them to competent authorities for issuance of decisions on dismissal;
- Agencies, units, departments and persons assigned to be in charge of organization of inspectors shall notify decisions on dismissal and revocation of cards and other equipment in service of inspection.
What are the procedures for dismissal of inspectors in Vietnam? When will inspectors be dismissed?
When will inspectors in Vietnam be dismissed?
Pursuant to the provisions of Clause 1, Article 12 of Decree 43/2023/ND-CP, the dismissal of inspectors shall comply with regulations in Clause 1, Article 42 of the Law on Inspection 2022.
Specifically, refer to Clause 1, Article 42 of the Law on Inspection 2022 as follows:
Dismissal of inspectors
1. An inspector is dismissed in the following cases:
a) Retiring, resigning and changing career;
b) Dismissing the inspector who cannot complete the assigned tasks due to health, family circumstances or other reasons;
c) Being convicted by the Court. The judgment or decision came into force;
d) Committing violations specified in Article 8 of this Law;
dd) Falling to complete tasks while holding the current rank after 01 year;
e) The inspector commits fraud in exam for promotion or makes declarations in a dishonest manner in the application for appointment;
g) Other cases as prescribed by the law on officials and public employees.
Thus, Inspectors are dismissed when they fall into one of the above cases.
What are the prohibited acts in inspection operation in Vietnam?
Pursuant to Article 8 of the Law on Inspection 2022, there are regulations on prohibited acts as follows:
Prohibited acts
1. Abusing one's position or inspection powers to commit illegal acts and harassment, or cause difficulties or troubles to inspected entities and other agencies, organizations and individuals; abusing powers in the process of inspection.
2. Conducting inspection beyond competence, contents of decision on inspection and detailed inspection plans that have been approved.
3. Intentionally refraining from issuance of decisions on inspection in case of detection of signs of violations that must be inspected according to regulations of the law; intentionally making untruthful conclusions; covering up inspected entities; making conclusions, decisions or taking actions against the law; failing to propose prosecution and transfer the files of cases with signs of criminal offences detected during inspection to the investigation agencies, which will decide whether to initiate prosecution in accordance with regulations of the law.
4. Giving, receiving or brokering bribes.
5. Disclosing information or documents related to inspection before publishing official conclusions.
6. Illegally intervening in inspection; falsifying inspection results, conclusions and recommendations.
7. Failing to provide information or documents, or promptly provide accurate or truthful information or documents; appropriating or destroying documents or material evidences related to inspection contents.
8. Opposing, obstructing, bribing, intimidating, taking revenge on or victimize inspection-conducting persons, supervisors, appraisers or persons who provide information or documents to the inspection-conducting authority; causing difficulties to inspection.
9. Committing other acts prohibited by law.
Thus, agencies, organizations and individuals in inspection activities are prohibited from performing the above acts.
Decree 43/2023/ND-CP will be applied from August 15, 2023.
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