Procedures for handling overlap and duplication in inspection activities in Vietnam according to the Decree 03/2024/ND-CP

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Decree 03/2024/ND-CP of Vietnam, issued on January 11, 2024, regulates the agencies responsible for performing specialized inspection functions and the activities of agencies assigned to perform specialized inspection functions as follows:

Principles for conducting specialized inspections in Vietnam

The principles for conducting inspections by agencies assigned to perform specialized inspection functions are implemented as follows:

- The inspection activities of the agency assigned to perform specialized inspection functions shall be carried out by the Inspection Team in accordance with the procedures and order specified in Inspection Law 2022 of Vietnam, Decree 43/2023/ND-CP, this Decree, and other relevant legal provisions.

- The inspection activities of the agency assigned to perform specialized inspection functions must be associated with the implementation of professional - technical tasks, sector management rules, and fields under management scope according to sectors and fields to detect, prevent, and promptly handle legal violations.

Developing specialized inspection plans in Vietnam

- By November 1 of each year at the latest, Departments of the General Departments shall send their draft inspection plans to the General Department's Inspectorate or to the General Department if there is no inspectorate establishment for aggregation; Provincial Social Insurance shall send their draft inspection plans to the Inspectorate of Vietnam Social Security for aggregation.

- By November 10 of each year at the latest, the General Departments and departments under Ministries shall send their draft inspection plans to the Ministry's Inspectorate for aggregation into the Ministry's inspection plan.

Issuance of inspection decisions by specialized inspection agencies in Vietnam

The issuance of inspection decisions by specialized inspection agencies is carried out as follows:

- Heads of agencies assigned to perform specialized inspection functions shall issue inspection decisions based on regulations at Article 51 of Inspection Law 2022. The inspection decision shall include the contents as stipulated in Clause 2, Article 59 of Inspection Law 2022.

- Heads of agencies assigned to perform specialized inspection functions must send urgent inspection decisions to report to the Chief Inspector of the supervisory body directly above; if the supervisory body directly above has no inspectorate establishment, then report to the Head of the supervisory body directly above.

In case of urgent inspections required by competent authorities, the inspection decision must be sent to the task-assigning agency for reporting.

Inspection duration of specialized inspection agencies in Vietnam

The duration of an inspection is determined in the inspection decision as follows:

- Inspections conducted by General Departments and departments under Ministries shall not exceed 45 days; in complicated cases, it can be extended once for no more than 30 days;

- Inspections conducted by departments under General Departments and Provincial Social Insurance shall not exceed 30 days; in complicated cases or remote, border, island, far and remote areas with difficult access, it can be extended once for no more than 15 days.

- The suspension period of the inspection as specified in Article 70 of the Inspection Law is not included in the inspection duration;

- Extension of inspection duration in complicated cases as stipulated in Clause 1, Article 48 of Inspection Law 2022; the decision to extend the inspection duration is made by the person who issued the inspection decision.

Handling overlap and duplication in inspection activities in Vietnam

The handling of overlap and duplication in inspection activities by specialized inspection agencies is carried out as follows:

- Agencies assigned to perform specialized inspection functions, if they detect overlaps, duplications with state audits, shall cooperate with state audit agencies to handle as prescribed by the State Audit Law and Inspection Law 2022, ensuring that one activity of an organization or individual is only subject to inspection by one inspection agency or state audit agency.

- Overlaps, duplications in the activities of agencies assigned to perform specialized inspection functions and other inspection agencies are handled as follows:

+ Overlaps, duplications with the activities of the Government Inspectorate of Vietnam shall be inspected by the Government Inspectorate of Vietnam;

+ Overlaps, duplications with the activities of Ministry inspectorates shall be discussed with the Ministry inspectorate for resolution; if there is no consensus, the Ministry inspectorate shall conduct the inspection;

+ Overlaps, duplications between the inspection activities of General Departments and departments under Ministries assigned specialized inspection functions shall be discussed by the heads of General Departments and departments for resolution; if there is no consensus, report to the Minister for consideration and decision;

+ Overlaps, duplications between the inspection activities of General Departments and departments under Ministries assigned specialized inspection functions with Provincial Inspectorates, Department Inspectorates shall have the heads of General Departments and departments discuss with Provincial Chief Inspectors, Department Chief Inspectors to handle; if there is no consensus, the General Departments, departments under Ministries assigned specialized inspection functions shall conduct the inspection;

+ Overlaps, duplications between the inspection activities of departments under General Departments assigned specialized inspection functions, Provincial Social Insurance with Provincial Inspectorates shall have the heads of the departments, Directors of Provincial Social Insurance discuss with Provincial Chief Inspectors to handle; if there is no consensus, Provincial Inspectorates shall conduct the inspection;

+ Overlaps, duplications between the inspection activities of departments under General Departments assigned specialized inspection functions, Provincial Social Insurance with Department Inspectorates shall have the heads of departments, Directors of Provincial Social Insurance discuss with Department Chief Inspectors to handle; if there is no consensus, departments under General Departments assigned specialized inspection functions, Provincial Social Insurance shall conduct the inspection;

+ Overlaps, duplications between inspection activities of departments under General Departments assigned specialized inspection functions with General Departments assigned specialized inspection functions shall have the heads of departments, heads of General Departments discuss to handle; if there is no consensus, General Departments shall conduct the inspection;

+ Overlaps, duplications between activities of agencies assigned specialized inspection functions of Ministries with inspection agencies of agencies under the Government of Vietnam shall have the heads of agencies assigned specialized inspection functions discuss with the heads of inspection agencies of agencies under the Government of Vietnam to handle; if there is no consensus, report to the General Inspector of the Government of Vietnam for consideration and decision;

+ Other cases of overlaps, duplications between the inspection activities of agencies assigned specialized inspection functions shall have the agencies assigned specialized inspection functions discuss to handle; if there is no consensus, the higher-level agency assigned specialized inspection functions shall conduct the inspection.

- Ministry Inspectorates, inspection agencies of agencies under the Government of Vietnam, Provincial Inspectorates aggregate and report to the Government Inspectorate of Vietnam on the handling of overlaps, duplications before constructing annual inspection plans.

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