Vietnam: What does the inspection conclusion include? When is the inspection conclusion signed and promulgated?
What is the inspection conclusion? Who writes the inspection conclusions in Vietnam?
The concept of inspection conclusions in Vietnam is defined in Clause 12, Article 2 of the 2022 Law on Inspection of Vietnam as follows:
Explanation of terms
...
12. Inspection conclusion means a document signed and promulgated by the head of an inspection agency to evaluate, conclude and make recommendations on the inspected contents.
Thus, an inspection conclusion is a document aimed at evaluating - concluding - making recommendations on all contents implemented during the inspection process, issued by the head of the inspection agency.
Pursuant to the contents of Clause 1, Article 75 of the 2022 Law on Inspection of Vietnam, the subject of inspection conclusions is identified as follows:
Drafting of inspection conclusions
1. Within 05 working days from the date of receipt of the inspection result report, the inspection decision issuer shall assign the inspectorate head to elaborate the draft inspection conclusion. The draft inspection conclusion includes the contents specified in Clause 2, Article 78 of this Law.
According to the above regulations, the inspection conclusion will be written by the chief of inspectorate.
During the drafting process, the inspectorate leader will send the draft inspection conclusion to other members of the inspectorate for comments before submitting to the inspection decision maker.
Vietnam: What does the inspection conclusion include? When is the inspection conclusion signed and promulgated? (Image from the Internet)
What is included in the inspection conclusions in Vietnam?
According to the content specified in Clause 2, Article 78 of the 2022 Law on Inspection of Vietnam, the inspection conclusion includes the following contents:
- Evaluate the implementation of policies, laws, assigned tasks and powers of inspected subjects for administrative inspection; assess the observance of specialized laws, professional and technical regulations and management rules by inspected subjects for specialized inspection;
- Conclusion on inspection contents;
- Clearly define the nature, extent and consequences of the violation; causes and responsibilities of agencies, organizations and individuals that commit illegal acts (if any);
- Measures to handle according to their competence and propose solutions, handling measures and remedial measures (if any) to ensure the interests of the State, the lawful rights and interests of inspected subjects and relevant agencies, organizations and individuals;
- Limitations and inadequacies of relevant management mechanisms, policies and laws and recommendations for remedy.
In particular, these contents need to be guaranteed to be accurate, objective and feasible.
When is the inspection conclusion signed and promulgated?
Pursuant to the provisions of Clause 1, Article 78 of the 2022 Law on Inspection of Vietnam as follows:
Issuance of inspection conclusions in Vietnam
1. Within 15 days after receiving the draft inspection conclusion, the inspection decision issuer shall sign and promulgate the inspection conclusion and take responsibility for his/her conclusions and recommendations. Heads of state management agencies at the same level shall have to urge and inspect to ensure the issuance of inspection conclusions on time as prescribed.
As for the draft inspection conclusions on security and defense-related cases, important and complicated cases subject to the direction and monitoring of the Central Steering Committee for anti-corruption and anti-corruption, Provincial-level Steering Committees for Anti-corruption and Anti-Corruption or at the request of heads of state management agencies at the same level, inspection decision issuers must report in writing to heads of state management agencies at the same level.
Within 30 days after receiving the written report, the head of the state management agency at the same level shall give his/her written opinion on the reported content; in case the head of the state management agency does not respond or has no opinion different from the draft inspection conclusion, the inspection decision issuer shall immediately issue the inspection conclusion. In case the heads of state management agencies at the same level give written opinions requesting supplementation or clarification of the draft inspection conclusions, within 30 days from the date of receipt of such documents, the making inspection decisions must complete and issue inspection conclusions.
Thus, heads of inspection agencies are responsible for signing and promulgating inspection conclusions when:
- Within 15 days from the date of receipt of the draft inspection conclusion;
- In case it is necessary to make a written report to the head of the state management agency at the same level:
After the heads of state management agencies at the same level give their written opinions on the reported contents, the time limit for issuing inspection conclusions is determined:
+ Immediately issue inspection conclusions if heads of state management agencies do not respond or have no opinions different from the draft inspection conclusions;
+ Within 30 days from the date of receipt of written comments from heads of state management agencies at the same level, requesting for supplementation or clarification of draft inspection conclusions.
Thus, the time to issue inspection conclusions is made according to the above content.
The 2022 Law on Inspection of Vietnam will officially take effect from July 1, 2023.
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