What acts are prohibited when performing specialized inspection in Vietnam? Who has the competence to issue the decision to re-inspect the specialized inspection?
- What acts are prohibited when performing specialized inspection in Vietnam?
- What are the responsibilities of heads of state management authorities when performing specialized inspection in Vietnam?
- What regulated entities are included in specialized inspection in Vietnam?
- What are the rules for specialized inspection in Vietnam?
What acts are prohibited when performing specialized inspection in Vietnam?
Based on the content specified in Article 5 of Decree 07/2012/ND-CP of Vietnam, the prohibited acts are determined as follows:
Prohibited acts
1. Heads of agencies assigned to perform the function of specialized inspection and people assigned to conduct specialized inspection must not perform prohibited acts specified in Article 13 of the Law on Inspection.
2. People assigned to conduct specialized inspection whose fathers, mothers, wives, children, full brothers or full sisters are subjects of inspection or are heads or managers of agencies/organizations being subjects of inspection must not be members of the inspection teams or independent inspectors.
At the same time, based on Article 13 of the 2022 Law on Inspection of Vietnam, prohibited acts include:
- Abusing one's position or inspection powers to commit illegal acts, to harass for bribes, or cause difficulties or troubles to inspected subjects.
- Conducting inspection beyond assigned competence, scope or contents.
- Intentionally refraining from issuing inspection decisions upon detecting signs of law violation; making untruthful conclusions, illegal decisions or handling; covering up agencies, organizations and individuals that commit law violations.
- Disclosing information or documents on inspection contents in the inspection process before official conclusions are made.
- Providing inaccurate or untruthful information or documents; appropriating or destroying documents or material evidences related to inspection contents.
- Opposing, obstructing, bribing, intimidating, taking revenge on or bullying persons performing the inspection task or providing information or documents to state inspection agencies; causing difficulties to inspection activities.
- Illegally intervening in inspection activities, taking advantage of one's influence on persons performing the inspection task.
- Giving, receiving or brokering bribes.
- Committing other acts prohibited by law.
What acts are prohibited when performing specialized inspection in Vietnam? Who has the competence to issue the decision to re-inspect the specialized inspection? (Image from the Internet)
What are the responsibilities of heads of state management authorities when performing specialized inspection in Vietnam?
In Article 4 of Decree 07/2012/ND-CP of Vietnam, the responsibilities of Heads of State management authorities are specified as follows:
Responsibilities of Heads of State management authorities
Ministers, Heads of ministerial-level agencies, Ministerial Chief Inspectors, Directors of Services, Chief Inspectors of Services, Heads of agencies assigned to perform the function of specialized inspection within their tasks and powers shall conduct, guide, inspection and supervise the specialized inspection; promptly take measures for the results, submit proposal for specialized inspection decisions and take legal responsibility for their activities and decisions.
Thus, according to the above regulations, Heads of State management authorities have the main three responsibilities in specialized inspection as follows:
- Conduct, guide, inspection and supervise the specialized inspection;
- Promptly take measures for the results, submit proposal for specialized inspection decisions;
- Take legal responsibility for their activities and decisions.
What regulated entities are included in specialized inspection in Vietnam?
Pursuant to Decree 07/2012/ND-CP of Vietnam stipulating the agencies assigned to conduct specialized inspection and the conduct of specialized inspection.
According to that, Article 2 of Decree 07/2012/ND-CP of Vietnam identifies entities in specialized inspection including:
- Heads of state management authorities;
- Heads of agencies assigned to perform the function of specialized inspection;
- The Ministerial Chief Inspector, the Service’s Chief Inspector;
- Heads of specialized inspection teams, members of specialized inspection teams, inspectors, people assigned to perform the function of specialized inspection;
- Subjects of inspection and other relevant agencies, organizations and individuals;
- Foreign organizations and individuals operating in Vietnam.
What are the rules for specialized inspection in Vietnam?
In Article 3 of Decree 07/2012/ND-CP of Vietnam, the rules for specialized inspection include:
Rules for specialized inspection
1. Specialized inspections shall be conducted by specialized inspection teams, inspectors and/or assigned people.
2. Specialized inspection shall be conducted regularly and in association with the implementation of tasks related to the speciality, technology and/or profession and the prompt detection, prevention and handling of violations.
At the same time, according to Article 7 of the 2022 Law on Inspection of Vietnam, inspection activities need to comply with the following 03 rules:
- Compliance with law; assurance of accuracy, objectiveness, honesty, publicity, democracy and promptness.
- No obstruction to normal operations of inspected agencies, organizations and individuals.
- No overlap in the scope, subjects, contents and duration of inspection among agencies performing the inspection function.
The 2022 Law on Inspection of Vietnam will take effect from July 1, 2023.
Nguyễn Thị Hồng Nhung
