What are regulations on handling of violations in the process of inspection in Vietnam?

What are regulations on handling of violations in the process of inspection in Vietnam?

Pursuant to Article 68 of the Law on Inspection in 2022 (takes effect from 01/7/2023) stipulating handling of violations in the process of inspection in Vietnam as follows:

1. The persons who conduct inspection shall adopt measures according to their competence specified in this Law and other relevant laws to terminate violations and promptly protect the interests of the State, the legal rights and interests of agencies, organizations and individuals. In case the violations committed by the inspected entity and relevant agencies, organizations and individuals fall outside their competence in handling, the head of the inspectorate shall request the person who issues the decision on inspection or the head of competent state agency to handle.

2. If the head of the inspectorate or the inspector detects administrative violations, he or she shall compel the violators to terminate such violations, consider adopting measures to prevent and ensure the handling of administrative violations, and immediately impose penalties according to the regulations of the Law on Handling of Administrative Violations without wait for inspection conclusion.

3. In case of detection of signs of crime, the head of the inspectorate shall make report so that the person who issues the decision on inspection immediately transfers the relevant document and case file enclosed with the written recommendation for prosecution to the competent investigation agency for consideration and handling in accordance with the law; and notify the People's Procuracy at the same level.

The inspectorate shall continue to conduct inspection according to the approved plan to conduct inspection. The person who issues the decision on inspection shall issue inspection conclusion in accordance with the law.

The investigation agency shall notify the inspection authority of the result of the settlement of the case. In case the time limit for consideration and settlement of petitions for prosecution has expired according to regulations of the Criminal Procedure Code, but the inspection authority that has petitioned the prosecution fails to receive a written notification or agree with the result of settlement, the inspection authority shall discuss with the investigation agency or the People's Procuracy at the same level to clarify reasons. If the inspection authority still disagrees with the result, the inspection authority shall propose the investigation agency, the Superior People's Procuracy for consideration, settlement and report to the superior inspection authority.

4. The inspected entities, agencies, organizations and individuals that commit prohibited acts or violate the obligations of the inspected entities specified in this Law shall, according to the nature and danger of their violations, incur disciplinary and administrative penalties or face criminal prosecution. In case of damage, they must pay compensation according to regulations of the law.

What are regulations on amendments to contents of plans to conduct inspection in Vietnam?

Pursuant to Article 69 of the Law on Inspection in 2022 (takes effect from 01/7/2023) stipulating amendments to contents of plans to conduct inspection in Vietnam as follows:

1. Throughout inspection, the person who issues the decision on inspection may amend the contents of the plan to conduct inspection upon the request of the head of the inspectorate or the head of the state management agency at the same level.

2. The head of the inspectorate shall notify the amended contents of the plan to conduct inspection to the members of the inspectorate.

When shall inspections in Vietnam be suspended?

Pursuant to Article 70 of the Law on Inspection in 2022 (takes effect from 01/7/2023) stipulating suspension of inspection in Vietnam as follows:

1. The person who issues the decision on inspecion shall suspend inspection in the following cases:

a) There are force majeure events that impact on the progress in inspection;

b) The inspected entity requests suspension of the inspection with legitimate reasons and the person who issues the decision on inspection agrees with such suspension. In this case, the time limit for suspension of the inspection shall not exceed 30 days.

2. In case of suspension of the inspection, the person who issues the decision on inspection shall consider cancelation of the adopted measure or adopt measures according to its competence and ensure no obstruction of the operation of the inspected entity.

3. The person who issues the decision on inspecion shall continue to conduct inspection when the reason for the suspension of the inspection no longer exists or the time limit for suspension specified at Point b, Clause 1 of this Article expires.

4. The decision to suspend the inspection and continue to conduct the inspection shall be sent to the inspected entity.

When shall inspections in Vietnam be terminated?

Pursuant to Article 71 of the Law on Inspection in 2022 (takes effect from 01/7/2023) stipulating termination of inspection in Vietnam as follows:

1. The person who issues the decision on inspecion shall terminate inspection in the following cases:

a) The inspected entity is an individual who is dead; an agency or organization that has been dissolved or gone bankrupt without any other agency, organization or individual which inherits its rights and obligations;

b) The inspection contents have been concluded by the superior inspection authority;

c) The investigation agency has issued the decision to prosecute a criminal case on the same contents of inspection;

d) The head of the state management agency at the same level has made a written request for termination of the inspection;

dd) It falls within cases of overlaps and duplications that have been handled according to regulations of Article 55 of this Law.

2. In case of termination of the inspection, the persons who conduct the inspection shall cancel the adopted measures according to their competence throughout the inspection.

3. The decision on termination of the inspection shall be sent to the inspected entity.

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