What are regulations on development and promulgation of inspection program orientations in Vietnam?

What are regulations on development and promulgation of inspection program orientations in Vietnam?

Pursuant to Article 44 of the Law on Inspection in 2022 (takes effect from 01/7/2023) stipulating development and promulgation of inspection program orientations in Vietnam as follows:

1. By September 30 every year, the Inspector General of the Government Inspectorate shall submit inspection program orientations of the following year to the Prime Minister for approval.

2. By October 15 every year, the Prime Minister is responsible for review and approval for inspection program orientations of the following year.

How to develop and provide inspection plans in Vietnam?

Pursuant to Article 45 of the Law on Inspection in 2022 (takes effect from 01/7/2023) stipulating development and provision of inspection plans in Vietnam as follows:

1. The development and provision of inspection plans shall follow inspection program orientations, guidelines of superior inspection agencies, requirements for socio-economic development and management within the scope of management of sectors, domains and local authorities.

2. The inspection plans include the inspection plans of the Government Inspectorate, the inspection plans of the ministries and the provincial plans for inspection.

The inspection plans of the ministries include inspection plans of ministerial inspectorates, inspectorates of General Department and Departments; ensure no overlaps and duplications in inspection between ministerial inspectorates and inspectorates of General Department and Departments.

The provincial plans for inspection include inspection plans of provincial inspectorates, inspectorates of provincial-level departments and district inspectorates; ensure no overlaps and duplications in inspection between provincial inspectorates, inspectorates of provincial-level departments and district inspectorates.

3. By October 25 every year, according to inspection program orientations, the Inspector General of the Government Inspectorate shall provide guidance for ministerial inspectorates and provincial inspectorates on development of the draft inspection plans of ministries and provinces.

By October 30 every year, according to inspection program orientations and guidelines of the Government Inspectorate, the ministerial inspectorates shall provide guidance for inspectorates of General Department and Departments and the provincial inspectorates shall provide guidance for inspectorates of provincial-level departments and district inspectorates on development of the draft inspection plans of their authorities.

4. By November 15 every year, the Government Inspectorate shall be responsible for provision of the inspection plans.

5. By November 10 every year, the inspectorates of General Department and Departments shall send the draft inspection plans of their authorities to the ministerial inspectorates to synthesize into the inspection plans of the ministries; the inspectorates of provincial-level departments and district inspectorates shall send draft inspection plans of their authorities to the provincial inspectorates to synthesize into the provincial plans for inspection.

6. By November 30 every year, the ministerial chief inspectors of the ministries shall submit to the ministers for provision of the inspection plans of the ministries; the provincial chief inspectors shall submit to the presidents of the People's Committees of provinces for provision of the provincial plans for inspection.

By December 10 every year, the ministers shall be responsible for provision of the inspection plans of the ministries

By December 20 every year, the presidents of the People's Committees of provinces shall be responsible for provision of the provincial plans for inspection.

7. The inspection plans specified in Clauses 4 and 6 of this Article shall be immediately sent to the inspected entities, state audit agencies and relevant agencies and organizations.

What are forms and time limit for inspection in Vietnam?

Pursuant to Article 46 of the Law on Inspection in 2022 (takes effect from 01/7/2023) stipulating forms for inspection in Vietnam as follows:

1. The inspection shall be conducted in the form of planned inspection or ad-hoc inspection.

2. The planned inspection shall be conducted under the approved plan.

3. The ad-hoc inspection shall be conducted in case of detection of signs of law violations of agencies, organizations or individuals, or upon the request for the settlement of complaints and denunciations, anti-corruption or under assignment of the heads of competent state management agencies.

Pursuant to Article 47 of the Law on Inspection in 2022 (takes effect from 01/7/2023) stipulating time limit for inspection in Vietnam as follows:

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

a) The time limit for an inspection conducted by the Government Inspectorate must not exceed 60 days. With regard to complicated cases, this time limit may be extended once but the extended duration must not exceed 30 days. With regard to extremely complicated cases, the time limit may be extended for the second time but the extended duration must not exceed 30 days.

b) The time limit for an inspection conducted by the ministerial inspectorate, inspectorate of General Department or Department or provincial inspectorate must not exceed 45 days. With regard to complicated cases, this time limit may be extended once but the extended duration must not exceed 30 days.

c) The time limit for an inspection conducted by the inspectorate of provincial-level department or district inspectorate must not exceed 30 days. With regard to complicated cases or inspection at mountainous areas, border areas, islands and rural areas with difficult access, this time limit may be extended once but the extended duration must not exceed 15 days.

2. The duration of suspension of the inspection shall comply with regulations of Article 70 of this Law and it shall not be included in the time limit for inspection.

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