What are regulations on organization of provincial-level department inspectorates in Vietnam?

What are regulations on organization of provincial-level department inspectorates in Vietnam?

Pursuant to Article 23 of the Law on Inspection in 2010 stipulating organization of provincial-level department inspectorates in Vietnam as follows:

1. Provincial-level department inspec-torates are agencies of provincial-level departments, assisting provincial-level department directors in conducting administrative inspection and specialized inspection, settling complaints and denunciations, and preventing and combating corruption under law.

Provincial-level department inspectorates shall be established in provincial-level departments which perform the state management task under authorization by provincial-level People's Committees or under law.

2. A provincial-level department inspectorate is composed of the chief inspector, deputy chief inspectors and inspectors.

Provincial-level department chief inspectors shall be appointed, relieved of duty or dismissed by provincial-level department directors after reaching agreement with provincial chief inspectors.

Provincial-level department deputy chief inspectors shall assist provincial-level department chief inspectors in performing their tasks under the latter's assignment.

3. Provincial-level department inspectorates shall submit to the direction and management by provincial-level department directors, and concurrently to provincial inspectorates' work direction and professional guidance on administrative inspection, and ministerial inspectorates professional guidance on specialized inspection.

What are tasks and powers of provincial-level department inspectorates in Vietnam?

Pursuant to Article 24 of the Law on Inspection in 2010 stipulating tasks and powers of provincial-level department inspectorates in Vietnam as follows:

1. To work out and submit inspection plans to provincial-level department directors for approval, and organize the implementation of inspection plans falling under their responsibility; to guide, monitor, urge and examine the implementation of inspection plans by their provincial-level departments' agencies assigned to perform the specialized inspection function.

2. To inspect the implementation of policies and laws, performance of tasks and exercise of powers by agencies, organizations and individuals under their provincial-level departments' direct management.

3. To inspect the observance of specialized laws, professional and technical regulations and management rules of their sectors or domains by agencies, organizations and individuals under their provincial-level departments' management.

4. To inspect other cases assigned by provincial-level department directors.

5. To guide and inspect agencies and units under their provincial-level departments in observing the law on inspection.

6. To request the heads of their provincial-level departments' agencies assigned to perform the specialized inspection function to report on inspection work; to summarize and report on results of inspection work under their provincial-level departments' management.

7. To monitor, urge and examine the execution of inspection conclusions, recommendations and handling decisions of provincial-level department directors and inspectorates.

8. To examine the accuracy and lawfulness of inspection conclusions and post-inspection handling decisions of heads of their provincial-level departments' agencies assigned to perform the specialized inspection function., with regard to cases in the state management sectors or domains of their provincial-level departments when necessary.

9. To settle complaints and denunciations under the law on complaints and denunciations.

10. To prevent and combat corruption under the anti-corruption law.

What are tasks and powers of provincial-level department chief inspectors in Vietnam? 

Pursuant to Article 25 of the Law on Inspection in 2010 stipulating tasks and powers of provincial-level department chief inspectors in Vietnam as follows:

1. Provincial-level department chief inspectors have the following tasks:

a/ To lead, direct and examine inspection work within the state management scope of their provincial-level departments; to lead provincial-level departments in performing the tasks and exercising the powers under this Law and other relevant laws;

b/ To handle overlaps in the scope, subjects, contents and duration of inspection within the scope of their provincial-level departments' decentralized state management responsibility.

2. Provincial-level department chief inspectors have the following powers:

a/ To decide on inspection upon detecting signs of law violation and be answerable to provincial-level department directors for their decisions;

b/To decide on re-inspection of cases on which conclusions have been made by heads of their provincial-level departments' agencies assigned to perform the specialized inspection function when detecting signs of law violation in these cases as assigned by provincial-level department directors;

c/ To request heads of their provincial-level departments' agencies assigned to perform the specialized inspection function to conduct inspection within the scope of these agencies' responsibility when detecting signs of law violation. In case heads of these agencies refuse to do so. to issue inspection decisions, report on and be answerable to provincial-level department directors for their decisions;

d/ To recommend provincial-level department directors to suspend the execution of unlawful inspection decisions of agencies and units under their provincial-level departments' direct management;

e/ To recommend provincial-level department directors to settle inspection-related matters. In case their recommendations are not accepted, to report such to provincial chief inspectors or ministerial chief inspectors;

f/ To recommend competent state agencies to amend, supplement or promulgate regulations to meet management requirements; to propose termination or annulment of unlawful regulations detected through inspection;

g/ To sanction administrative violations under the law on handling of administrative violations;

h/ To propose provincial-level department directors to examine liability and handle persons under the management of provincial-level department directors who commit law violations detected through inspection or fail to comply with inspection conclusions or handling decisions.

Best regards!