Vietnam: Who appointed the Chief Inspector of the Department? What are the duties and powers of the Chief Inspector of the department in inspection activities?
- Who appointed the Chief Inspector of the Department in Vietnam?
- What are the duties and powers of the Chief Inspector of the department in inspection activities in Vietnam?
- What positions and functions does the department inspector have in Vietnam?
- How long do department inspectors carry out inspections in Vietnam?
Who appointed the Chief Inspector of the Department in Vietnam?
The Chief Inspector becomes understood as the head of the departmental inspectorate and the head of the departmental inspectorate performing the function of reviewing - evaluating - handling agencies, individuals and organizations in the implementation of policies, laws, tasks and powers of such agencies, organizations and individuals.
Regarding the competence to appoint the Chief Inspector of the department, Clause 1, Article 29 of the Inspection Law 2022 mentions the following:
Organization of the Department Inspectorate
1. Department inspectors shall have the Chief Inspector, Deputy Chief Inspector, inspectors and other civil servants.
The Chief Inspector of the department shall be appointed, dismissed, dismissed, dispatched, rotated or seconded by the director after consulting the Chief Inspector of the province.
Thus, the Director of the department is the one who appoints the Chief Inspector of the department after consulting with the Chief Inspector of the province.
Vietnam: Who appointed the Chief Inspector of the Department? What are the duties and powers of the Chief Inspector of the department in inspection activities?
What are the duties and powers of the Chief Inspector of the department in inspection activities in Vietnam?
Pursuant to the provisions of Article 28 of the Law on Inspection 2022 of Vietnam, the tasks and powers of the Chief Inspector of the department in inspection activities are as follows:
Duties and powers of the Chief Inspector of the department
In the field of inspection, the Chief Inspector of the department has the following tasks and powers:
1. Department inspectors shall perform their tasks and exercise their powers in accordance with this Law and other relevant laws;
2. To decide on the inspection when detecting signs of violation of the law;
3. To propose the director of the department to suspend the implementation of decisions or illegal acts of units and individuals under the department;
4. To propose the director of the department to settle issues related to the inspection work;
5. Sanctioning administrative violations or proposing competent persons to sanction administrative violations in accordance with the law on handling administrative violations.
Thus, in inspection activities, the Chief Inspector of the department has 05 tasks and powers mentioned above.
What positions and functions does the department inspector have in Vietnam?
Pursuant to Article 26 of the Law on Inspection 2022 of Vietnam, the position and functions of departmental inspectors are prescribed as follows:
Location and functions of the Department Inspector
1. Department inspectors are agencies of departments, performing inspection tasks to the extent that they are assigned to advise and assist provincial-level People's Committees in performing state management; perform the tasks of receiving citizens, settling complaints and denunciations and preventing and combating corruption and negativity in accordance with the provisions of law.
2. Department inspectors shall be established in the following cases:
a) In accordance with the provisions of law;
b) At the department, there is a wide scope of management and complex specialized management requirements as prescribed by the Government;
c) At the department decided by the provincial-level People's Committee based on the requirements of local state management and assigned payroll.
3. In departments that do not establish inspection agencies, the director of the department assigns the unit under the department to perform tasks and exercise powers in the work of receiving citizens, settling complaints and denunciations and preventing and combating corruption and negativity.
4. Department inspectors shall be under the direction and administration of the director of the department; be under the direction of inspection work and professional guidance on administrative inspection by the provincial inspectorate; subject to the professional guidance of specialized inspection by the Ministry Inspectorate.
Thus, the department inspectorate is an agency that performs inspection functions within the assigned scope, under the direct direction and administration of the department director and the direction and guidance of agencies and organizations as follows:
- Directing the inspection work, guiding the administrative inspection of the provincial inspectorate;
- Professional guidance on specialized inspection of the Ministry Inspectorate.
How long do department inspectors carry out inspections in Vietnam?
Regarding the inspection time limit, Article 47 of the Law on Inspection 2022 of Vietnam stipulates:
Inspection period
1. The time limit for conducting an inspection is prescribed as follows:
a) The inspection shall be conducted by the Government Inspectorate for no more than 60 days; in complicated cases, it can be extended once for no more than 30 days; in particularly complicated cases, a second extension may not exceed 30 days;
b) The inspection shall be conducted by the Inspectorate of Ministries, inspectors of general departments, departments and provincial inspectorates for no more than 45 days; in complicated cases, it can be extended once for no more than 30 days;
c) The inspection shall be conducted by the inspectorate of the department or district inspectorate for no more than 30 days; in complicated cases or in mountainous, border, island, remote or difficult travel areas, it can be extended once for no more than 15 days.
2. The period of suspension of the inspection specified in Article 70 of this Law shall not be included in the inspection period.
Thus, according to Point c, Clause 1, Article 47 of the Inspection Law 2022 of Vietnam mentioned above, the inspection shall be carried out by the Department Inspectorate within 30 days.
The above-mentioned inspection period may be extended to a maximum of 45 days in case the departmental inspectorate conducts a complex inspection or in mountainous, border, island, remote or remote areas with difficulty traveling.
The Inspection Law 2022 of Vietnam will officially come into force from July 1, 2023.
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