What are regulations on appraisal of draft inspection conclusions in Vietnam?

What are regulations on appraisal of draft inspection conclusions in Vietnam?

Pursuant to Article 77 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating appraisal of draft inspection conclusions in Vietnam as follows:

1. The draft inspection conclusion of the Government Inspectorate, the draft administrative inspection conclusions of the ministerial inspectorate and the pronvincial inspectorate shall be appraised before signing for issuance The draft specialized inspection conclusions of the ministerial inspectorate and the pronvincial inspectorate, other inspection authorities shall be appraised when necessary.

2. The person who issues the decision on inspection shall consider and decide the assignment of units or individuals to appraise the draft inspection conclusion (hereinafter referred to as “appraisers”) to ensure the purposes, requirements and contents according to the approved decision on inspection and the plan to conduct inspection. The assignment of appraisal of the draft inspection conclusion shall be made in writing. In particular, the contents and time limit for appraisal shall be clearly stated.

3. The appraiser shall be entitled to request the inspectorate to provide necessary information and documents for appraisal; develop report on the result of appraisal and take responsibility to the person who issues the decision on inspection for the result of appraisal.

4. The person who issues the decision on inspection shall be responsible for direction of consideration and receipt of opinions on appraisal and completion of the draft inspection conclusion.

What are regulations on issuance of inspection conclusions in Vietnam?

Pursuant to Article 78 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating issuance of inspection conclusions in Vietnam as follows:

1. Within 15 working days from the date of receipt of the draft inspection conclusion, the person who issues the decision on inspection shall sign and issue the draft inspection conclusion; and take responsibility for his/her conclusion and recommendations. The head of state management agency at the same level shall urge and examine to ensure the issuance of inspection conclusion before the deadline according to regulations.
With regard to the draft inspection conclusions on cases involved in national defense and security, important and complicated cases under the direction and monitoring of the Central Steering Committee for anti-corruption, the provincial-level Steering Committees for anti-corruption or upon the request of the head of the state management agency at the same level, the person who issues the decision on inspection shall make written report and send it to the head of the state management agency at the same level.
Within 30 days from the date of receipt of the written report, the head of the state management agency at the same level shall give his/her written opinion on the reported contents; if the head of the state management agency fails to respond or have opinions that are different from the draft inspection conclusion, the person who issues the decision on inspection shall immediately issue inspection conclusion. If the head of the state management agency at the same level which gives written opinions requests amendment or clarification of the contents of draft inspection conclusion, within 30 days from the date of receipt of such written opinions, the person who issues the decision on inspection shall complete and issue inspection conclusion.

2. The inspection conclusion shall ensure accuracy, objectivity and feasibility and include the following contents:

a) Assessment of the implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers of the inspected entity for administrative inspection; assessment of the observance of specialized laws, professional-technical regulations and management rules of the inspected entity for specialized inspection.

b) Conclusion on contents of inspection;

c) Identification of the nature, extent and consequences of violations; causes and responsibilities of agencies, organizations and individuals that commit violations (if any);

d) Handling measures according to the competence and recommendations on solutions, handling and remedial measures (if any) for assurance about the interests of the State, the legal rights and interests of the inspected entity and relevant agencies, organizations and individuals;

dd) Limitations and inadequacies of relevant management mechanisms, policies, laws and recommendations for remedy.

3. In the process of inspection, the person who issues the decision on inspection may issue inspection conclusion for the examined and verified contents that have enough grounds for conclusion; and continue to inspect other contents in the decision on inspection.An inspection can have many inspection conclusions in order to promptly serve requirements for state management.

4. Before publication of inspection conclusion, the person who issues the decision on inspection may amend the issued inspection conclusion to ensure accuracy, objectivity and feasibility.

5. After publication of inspection conclusion, the inspection conclusion shall be sent to the head of the state management agency at the same level, the superior inspection authority, the inspected entity and other relevant agencies, organizations and individuals.

What are regulations on collection of opinions on draft inspection conclusions in Vietnam?

Pursuant to Article 76 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating collection of opinions on draft inspection conclusions in Vietnam as follows:

During the process of development of the draft inspection conclusion, the person who issues the decision on inspection may decide collection of opinions from relevant agencies, organizations or individuals on one or several contents of the draft inspection conclusion. The requested agency, organization or individual shall give a written reply on contents about which opinions are sought within the time limit upon the request of the person who issues the decision on inspection.

Best regards!