What are regulations on elaboration and approval of inspection program orientations and inspection plans in Vietnam?

What are regulations on elaboration and approval of inspection program orientations and inspection plans in Vietnam?

Pursuant to Article 36 of the Law on Inspection in 2010 stipulating elaboration and approval of inspection program orientations and inspection plans in Vietnam as follows:

1. By October 15 every year at the latest, the Inspector General shall submit to the Prime Minister for approval inspection program orientations.

The Prime Minister shall examine and approve inspection program orientations no later than October 30 every year.

2. After inspection program orientations are approved, they shall be sent by the Government Inspectorate to ministers and chairpersons of provincial-level People's Committees.

Based on the inspection program orientations, the Inspector General shall elaborate an inspection plan of the Government Inspectorate and guide ministerial inspectorates and provincial inspectorates in elaborating their own inspection plans.

3. By November 15 every year, ministerial chief inspectors, heads of ministries" agencies assigned lo perform the specialized inspection function and provincial chief inspectors shall base themselves on the inspection program orientations, guidance of the Inspector General and management requirements of ministries, their agencies assigned to perform the specialized inspection function and provincial-level People's Committees to submit inspection plans to heads of state management agencies of the same level for approval.

Ministers and chairpersons of provincial-level People's Committees shall examine and approve inspection plans no later than November 25 every year.

4. By December 5 every year at the latest, provincial-level department chief inspectors, heads of provincial-level departments' agencies assigned to perform the specialized inspection function and district chief inspectors shall base themselves on inspection plans of ministerial inspectorates, provincial inspectorates and management requirements of provincial-level departments and their agencies assigned to perform the specialized inspection function and district-level People's Committees to submit inspection plans to heads of state management agencies of the same level for approval.

Provincial-level department directors and district-level People's Committee chairpersons shall examine and. approve inspection plans no later than December 15 every year.

5. Inspection plans specified in Clauses 2. 3 and 4 of this Article shall be sent to to-be-inspected subjects and related agencies and organizations.

What are regulations on inspection forms in Vietnam?

Pursuant to Article 37 of the Law on Inspection in 2010 stipulating inspection forms in Vietnam as follows:

1. Inspection activities shall be conducted in the form of planned inspection, regular inspection or unexpected inspection.

2. Planned inspection shall be conducted under approved plans.

3. Regular inspection shall be conducted on the basis of the functions and tasks of agencies assigned to perform the specialized inspection function.

4. Unexpected inspection shall be conducted upon detecting signs of law violations of agencies, organizations or individuals, to meet requirements of the settlement of complaints and denunciations. prevention and combat of corruption or under assignment by heads of competent state management agencies.

What are regulations on grounds for issuing inspection decisions and public notification of inspection conclusions in Vietnam?

Pursuant to Article 38 of the Law on Inspection in 2010 stipulating grounds for issuing inspection decisions in Vietnam as follows:

The issuance of an inspection decision must be based on any of the following grounds

1. Inspection plan;

2. Request of the head of a state management agency;

3. Detection of signs of a law violation;

4. Requirements of the settlement of complaints or denunciations or prevention and combat of corruption.

Pursuant to Article 39 of the Law on Inspection in 2010 stipulating public notification of inspection conclusions in Vietnam as follows:

1. Inspection conclusions shall be publicly notified, unless otherwise provided by law.

2. Forms of public notification of inspection conclusions include:

a/ Announcement at a meeting attended by the inspection decision issuer, inspection team, inspected subject(s). related agencies, organizations and individuals, or at a press conference:

b/ Publication in the mass media;

c/ Posting on websites of stale inspection agencies, agencies assigned to perform the specialized inspection function or state management agencies of the same level;

d/ Display at working offices of agencies or organizations subject to inspection;

e/ Provision to related agencies, organizations and individuals at their request.

3. Within 10 days after signing inspection conclusions specified at Point a. Clause 2 of this Article. an inspection decision issuer shall publicly notify these inspection conclusions and choose at least one of the forms of public notification specified at Points b. c and d, Clause 2 of this Article.

When requested, inspection decision issuers shall provide inspection conclusions to related agencies, organizations and individuals.

4. The Government shall specify the public notification of inspection conclusions in the forms specified in Clause 2 of this Article.

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