09:44 | 06/06/2023

When is the irregular inspection carried out by competent authorities specializing in the field of electricity in Vietnam?

When is the irregular inspection carried out by competent authorities specializing in the field of electricity in Vietnam? Question of Trung Nguyen in Ha Nam.

What is the form of an inspection decision issued by competent authorities specializing in the field of electricity in Vietnam?

Pursuant to the provisions in Appendix 3 issued together with Circular No. 42/2022/TT-BCT stipulating the form of an inspection decision issued by a competent authorities specializing in the field of electricity as follows:

Download the form of an inspection decision issued by competent authorities specializing in the field of electricity: Click here.

When is the irregular inspection carried out by competent authorities specializing in the field of electricity in Vietnam?

When is the irregular inspection carried out by competent authorities specializing in the field of electricity in Vietnam?

What are the main contents of an inspection decision issued by competent authorities specializing in the field of electricity in Vietnam?

Pursuant to the provisions of Clause 1, Article 15 of Circular No. 42/2022/TT-BCT as follows:

Inspection procedures of competent authorities specializing in the field of electricity
1. Planned inspection
Based on annual inspection plan approved by competent authorities, planned inspection shall be carried out as follows:
a) Issue decision on inspection using form under Appendix III attached hereto which consists of: date of issue; basis for issuance; inspected entities; inspection duration, details, scope, time; composition of inspectorate, powers and responsibilities of inspectorate; powers and responsibilities of inspected entities (if necessary);
b) Inspectorate or authorized entities are responsible for requesting competent individual to approve inspection plan using form under Appendix III attached hereto;
c) Inspecting entities must inform inspected entities of inspection program in details using form under Appendix III attached hereto, including: inspection details, inspection time, documents to be prepared for the purpose of the inspection (if report request is not attached to decision on inspection, it must be attached to official dispatch notifying inspection). Notifying official dispatch attached to decision on inspection and report request must be sent to inspected entities at least 7 working days before inspection date;
d) Inspectorate shall carry out inspection in accordance with decision on inspection and approved inspection plan. At the end of each inspection, inspectorate and inspected entities must produce inspection log using form under Appendix III attached hereto. The log shall be made into 2 copies where the inspecting entities shall keep 1 copy and the inspected copy shall keep the other copy. If inspected party disagrees about contents in the log, they shall specify their remarks at the end of the record. The log must contain signatures of representatives of inspecting entities and inspected entities (or appending fingerprint instead of signing) and of witnesses (if any). If inspected party refuses to sign or append fingerprints in the log, person producing the record must specify the reason in the record. This log is still legitimate if representative of local authority or police authority or at least 1 witness with full legal capacity signs and verifies that violating organization, individual refuses to sign the log;
...

Thus, a competent authorities specializing in the field of electricity, to issue a decision, must include the following main contents:

- Date of issue; basis for issuance;

- Inspected entities; inspection duration, details, scope, time;

- Composition of inspectorate, powers and responsibilities of inspectorate;

- Powers and responsibilities of inspected entities (if necessary);

When is the irregular inspection carried out by competent authorities specializing in the field of electricity in Vietnam?

Pursuant to the provisions of Clause 2, Article 15 of Circular No. 42/2022/TT-BCT stipulating as follows:

Inspection procedures of competent authorities specializing in the field of electricity
2. Irregular inspection
a) Irregular inspection shall be carried out as soon as decision on establishment of inspectorate is promulgated and inspected entities shall not be informed of inspection time or inspection details;
b) Regulations on inspectorate, inspection time, inspection log, inspection report, inspection conclusion, guiding official dispatch (if any) shall conform to Points a, b, d, dd, e, g, and h Clause 1 of this Article and Article 10 hereof.

According to the above regulations, the irregular inspection of competent authorities specializing in the field of electricity shall be carried out as soon as decision on establishment of inspectorate is promulgated and inspected entities shall not be informed of inspection time or inspection details.

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