What are regulations on administrative inspection decisions and competence to issue administrative inspection decisions in Vietnam?

What are regulations on administrative inspection decisions and competence to issue administrative inspection decisions in Vietnam?

Pursuant to Article 44 of the Law on Inspection in 2010 stipulating administrative inspection decisions in Vietnam as follows:

1. An inspection decision contains the following details:

a/ Legal grounds for inspection;

b/ Inspection scope, subjects, contents and tasks:

c/ Inspection duration;

d/ Head, inspectors and other members of the inspection team.

2. Within 5 days after the date of its signing, an inspection decision shall be sent to to-be-inspected subjects, except unexpected inspection.

Inspection decisions shall be announced within 15 days after they are signed. The announcement of inspection decisions must be recorded in writing.

Pursuant to Article 43 of the Law on Inspection in 2010 stipulating competence to is sue administrative inspection decisions in Vietnam as follows:

1. Inspection activities may be conducted only when inspection decisions are issued.

2. Heads of state inspection agencies may issue inspection decisions and form inspection teams to execute inspection decisions. When finding it necessary, heads of State management agencies may issue inspection decisions and form inspection teams!"

An inspection team is composed of the head, inspectors and other members.

What are regulations on administrative inspection duration in Vietnam?

Pursuant to Article 45 of the Law on Inspection in 2010 stipulating administrative inspection duration in Vietnam as follows:

1. The duration for conducting an inspection is specified as follows:

a/ An inspection conducted by the Government Inspectorate must last not more than 60 days. For complicated cases, this duration may be prolonged but must not exceed 90 days. For particularly complicated inspections which involve many domains or many localities, the inspection duration may be prolonged but must not exceed 150 days:

b/ An inspection conducted by a provincial or ministerial inspectorate must last not more than 45 days. For complicated cases, such duration may be prolonged but must not exceed 70 days;

c/ An inspection conducted by a district or provincial-level department inspectorate must last not more than 30 days. In mountainous, border, island, deep-lying or remote areas with difficult access, the inspection duration may be prolonged but must not exceed 45 days.

2. The duration of an inspection shall be counted from the date of inspection decision announcement to the date of inspection completion at the inspected place.

3. The prolongation of the inspection duration specified in Clause 1 of this Article shall be decided by inspection decision issuers.

What are tasks and powers of heads of administrative inspection teams in Vietnam?

Pursuant to Article 46 of the Law on Inspection in 2010 stipulating tasks and powers of heads of administrative inspection teams in Vietnam as follows:

1. In the course of inspection, inspection team heads have the following tasks and powers:

a/ To organize and direct their inspection team members to strictly comply with inspection decisions;

b/ To propose inspection decision issuers to apply measures within the ambit of their tasks and powers provided in Article 48 of this Law to assure the fulfillment of assigned tasks;

c/ To request inspected subjects to provide information and documents, report in writing or explain matters related to inspection contents. When necessary, they may inventory inspected subjects' assets related to inspection contents;

d/ To request agencies, organizations and individuals that have information and documents related to inspection contents to provide these information and documents;

el To request competent persons to temporarily seize illegally used money, objects or permits when finding it necessary to promptly stop law violations or to verify circumstances to serve as proofs for conclusion or handling;

f/ To request credit institutions at which inspected subjects have accounts to blockade these accounts in service of their inspection when having grounds to believe that inspected subjects have committed acts of asset dispersal;

g/ To decide on scaling up documents of inspected subjects when having grounds to believe that they commit law violations;

h/ To suspend or propose competent persons to stop acts when finding that these acts cause serious damage to the interests of the State, the legitimate rights and interests of agencies, organizations or individuals;

i/ To recommend competent persons to suspend the execution of decisions on disciplining, transfer to other jobs or retirement of persons who are cooperating with state inspection agencies or are being inspected if finding that the execution of these decisions may obstruct the inspection;

j/ To report to inspection decision issuers on inspection results and take responsibility for the accuracy, truthfulness and objectiveness of their reports.

2. When finding it unnecessary to apply measures specified at Points e, f, g. h and i. Clause 1 of this Article, inspection team heads may decide on or request the immediate cancellation of these measures.

3. When performing the tasks and powers specified in Clause 1 of this Article, inspection team heads arc answerable to inspection decisions issuers and responsible before law for their acts and decisions.

Best regards!