Criteria for appointment to inspectors in Vietnam

Hello, Lawnet would like to answer the following:

1. Criteria for appointment to inspectors in Vietnam

Specifically, ccording to Article 39 of the Law on Inspection 2022, the criteria for appointment to inspectors include:

- Be officials, officers of the People's Army or the People's Public Security, cipher workers, except for cases under other regulations of the Government with regard to inspectors of inspection authorities that have been established according to regulations of the law or international treaties to which the Socialist Republic of Vietnam is a signatory or as prescribed in Clause 3, Article 9 of the Law on Inspection 2022.

- Be loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam; have good ethical qualities, good sense of responsibility; be incorruptible, honest, just and objective;

- Have university degrees (or higher) and state management and legal knowledge. In particular, the specialized inspectors must also have relevant professional knowledge;

- Have certificates of professional training for inspectors and other certificates as prescribed by the law on officials and public employees.

- Have been at least 2 years’ experience of inspection works (excluding probation period). The officials, public employees, officers of the People's Army and the People's Public Security, cipher workers at agencies, organizations or units who have been transferred to inspection agencies need to have at least 5 years’ experience of inspection works.

2. Criteria for appointment to principal inspectors in Vietnam

Pursuant to Article 40 of the Law on Inspection 2022, the criteria for appointment to principal inspectors are as follows:

- Meet standards specified in Article 39 of the Law on Inspection 2022;

- Have certificates of professional training for principal inspectors and other certificates as prescribed by the law on officials and public employees.

- Hold the rank of inspector or equivalent for at least 9 years.

- Successfully pass exams for promotion; be considered for promotion from inspector to principal inspector; or be considered for same-rank reassignment in accordance with the regulations of the law on officials and public employees.

3. Criteria for appointment to senior inspectors in Vietnam

According to Article 41 of the Law on Inspection 2022, the criteria for appointment to senior inspectors are as follows:

- Meet standards specified in Article 39 of the Law on Inspection 2022;

- Have certificates of professional training for senior inspectors and other certificates as prescribed by the law on officials and public employees.

- Hold the rank of principal inspector (or equivalent) for at least 6 years.

- Successfully pass exams for promotion; be considered for promotion from principal inspector to senior inspector; or be considered for same-rank reassignment in accordance with the regulations of the law on officials and public employees.

4. Cases of Dismissal of inspectors in Vietnam

Pursuant to Clause 1, Article 42 of the Law on Inspection 2022, an inspector is dismissed in the following cases:

- Retiring, resigning and changing career;

- Dismissing the inspector who cannot complete the assigned tasks due to health, family circumstances or other reasons;

- Being convicted by the Court. The judgment or decision came into force;

- Committing violations specified in Article 8 of the Law on Inspection 2022;

- Falling to complete tasks while holding the current rank after 01 year;

- The inspector commits fraud in exam for promotion or makes declarations in a dishonest manner in the application for appointment;

- Other cases as prescribed by the law on officials and public employees.

5. Prohibited acts regarding inspection in Vietnam

Prohibited acts regarding inspection in Vietnam are specified in Article 8 of the Law on Inspection 2022 as follows:

- 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.

- Conducting inspection beyond competence, contents of decision on inspection and detailed inspection plans that have been approved.

- 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.

- Giving, receiving or brokering bribes.

- Disclosing information or documents related to inspection before publishing official conclusions.

- Illegally intervening in inspection; falsifying inspection results, conclusions and recommendations.

- 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.

- 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.

- Committing other acts prohibited by law.

Best regards!

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