What are regulations on collection of opinions, use of the results of inspection, state audit in Vietnam?

What are regulations on collection of opinions, use of the results of inspection, state audit in Vietnam?

Pursuant to Article 110 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating collection of opinions, use of the results of inspection, state audit in Vietnam as follows:

1. Throughout state audit and inspection or before issuance of inspection conclusions and audit reports, the state audit and inspection-conducting authorities may collect opinions each other on the necessary contents to ensure accuracy, objectivity, completeness of inspection conclusions and audit reports

2. The inspection-conducting authority shall be entitled to use information, data and conclusion in audit report of state audit for conclusion on inspection. The state audit agency shall be responsible for provision of the result, conclusions and recommendations on audit to the inspection-conducting authority; and the accuracy of the provided information and documents.

What are responsibilities of the investigation agency in Vietnam?

Pursuant to Article 111 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating responsibilities of the investigation agency in Vietnam as follows:

The investigation agency shall be responsible for receipt of the written recommendation for prosecution, the case file with signs of crime and relevant documents transferred by the inspection-conducting authority for handling in accordance with the criminal procedure law.

What are regulations on funding for operation of the inspection authority; regimes and policies for inspectors in Vietnam?

Pursuant to Article 112 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating funding for operation of the inspection authority; regimes and policies for inspectors in Vietnam as follows:

1. The funding for operation of the inspection authority shall be covered by state budget

2. The management, allocation and use of budget of the inspection authority shall comply with the law on state budget.

3. The inspection authorities shall be entitled to deduct a part from the amount recalled through inspection after payment to the state budget in accordance with regulations of Standing Committee of the National Assembly to support improvement of the capacity for inspection, strengthen facilities and reward, and encourage organizations and individuals with achievements in inspection.

4. The Government elaborates the regimes, policies, allowances and specific regimes for inspectors.

What are regulations on investment in modernization of inspection in Vietnam?

Pursuant to Article 113 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating investment in modernization of inspection in Vietnam as follows:

1. The State shall adopt policies on investment and development of science and technology and other means to ensure organization and operation of the inspection-conducting authorities; develop database for inspection; apply information technology and digital technology to inspection; develop standards of inspection to ensure the quality, effectiveness, feasibility, lawfulness, publicity and transparency of inspection.
2. The ministers and the presidents of the People's Committees of provinces shall be responsible for assurance about conditions for enhancement and promotion of inspection in a professional, formal and step-by-step modern manner, thereby contributing to improvement of the efficiency and effectiveness of state management.

What are regulations on organization and implementation of internal inspection in Vietnam?

Pursuant to Article 115 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating organization and implementation of internal inspection in Vietnam as follows:

1. The inspection authorities of the Supreme People's Court, the Supreme People's Procuracy of Vietnam and the State Audit Unit shall be established in accordance with the law to assist the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People's Procuracy and the State Auditor General to implement inspection in accordance with the law.

2. According to regulations of this Law and other relevant laws, within the scope of their tasks and powers, other agencies of the State and public service providers shall establish internal inspectorates or arrange staff to implement internal inspection in accordance with the Government's regulations to assist the heads of agencies and units in carrying out inspection within the scope of their management. The heads of agencies or units shall be responsible for organization and direction of internal inspection in their agencies or units.

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