What are regulations on publication of inspection conclusions in Vietnam?

What are regulations on publication of inspection conclusions in Vietnam?

Pursuant to Article 79 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating publication of inspection conclusions in Vietnam as follows:

1. Within 10 days from the date of signing and issuance of the inspection conclusion, the person who issues the decision on inspection shall publish the inspection conclusion in the form specified at Point a, Clause 3 of this Article or in one of the forms specified in Points b, c and d, Clause 3 of this Article.

2. The entirety of the inspection conclusion must be published, except for contents that fall within state secrets or other secrets as prescribed by the law.

3. Forms of publication of inspection conclusions:

a) Publishing on the web portal of the inspection authority or the state management agency at the same level;

b) Organizing press conference or meeting to publish inspection conclusions. The participants include the person who issues the decision on inspection, inspectorate, the inspected entity, relevant agencies, organizations and individuals;

c) Publishing on at least one mass media. The inspection conducted by the Government Inspectorate, the ministerial inspectorate or the inspectorate of General Department or Department shall be published on the central mass media. The inspection conducted by the provincial inspectorate, the inspectorate of provincial-level department or the district inspectorate shall be published on the local mass media;

d) Public displaying at the premises of the inspected entity.

4. The Government elaborates this Article. 

What are tasks and powers of the person who issues the decision on inspection in Vietnam?

Pursuant to Article 80 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating tasks and powers of the person who issues the decision on inspection in Vietnam as follows:

1. A person who issues the decision on inspection shall have the following tasks and powers:

a) Direct, examine and supervise the inspectorate to strictly comply with the contents of the decision on inspection;

b) Request inspected entities to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;

c) Decide request for external assessment of matters related to inspection contents;

d) Decide or request the competent person to decide to temporarily seize assets, licenses or practice certificates that have been illegally used;

dd) Terminate or recommend the competent person to terminate violations;

e) Request credit institutions to freeze account of the inspected entity; request the agency which controls asset and income and other competent agencies to adopt measures to promptly prevent the inspected entity from destroying or dispersing assets or ensure the implementation of the decision on recall of assets of the head of the inspection authority and the head of the state management agency;

g) Decide stocktaking of assets;

h) Decide to recall assets which are appropriated, illegally used or lost

i) Recommend the competent person to suspend the execution of the decision on discipline, transfer to other jobs, dismissal or retirement of the inspected entity or persons who provide information, documents on contents of inspection in case the execution of the decision may obstruct the inspection;

k) Recommend competent persons to suspend work and handle officials and public employees who intentionally obstruct inspection activities or fail to comply with requests, recommendations or the decision on inspection;

l) Decide to handle according to its competence or recommend competent persons to handle the result of inspection; examine and urge the implementation of the inspection-handling decision;

m) Settle complaints, denunciations, recommendations and reflections related to the responsibilities of the head and other members of the inspectorate;

n) Terminate, change the head and other members of the inspectorate;

o) Issue inspection conclusion;

p) Transfers the relevant document and case file enclosed with the written recommendation for prosecution to the investigation agency in case of detection of signs of crime specified in Clause 3 Article 68 of this Law.

q) Impose administriave penalties according to its competence;

r) Perform other duties and powers as prescribed per the law.

2. If it is not necessary to adopt measures specified in points d, dd, e, i and k Clause 1 of this Article, the person who issues the decision on inspecion shall decide or recommend immediate cancellation of implementation of the measures.

What are tasks and powers of the heads of inspectorates in Vietnam? 

Pursuant to Article 81 of the Law on Inspection in 2022 (takes effect from 01/7/2022) stipulating tasks and powers of the heads of inspectorates in Vietnam as follows:

1. The head of inspectorate shall have the following tasks and powers:

a) Organize and direct the members of the inspectorate to strictly comply with the contents of the decision on inspection;

b) Recommend the person who issues the decision on inspection to adopt measures under its competence according to regulations of this Law and other relevant laws to ensure the fulfillment of requirements and purposes of inspection;

c) Request the inspected entity to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;

d) Request the person competent to decide to temporarily seize assets, licenses or practice certificates that have been illegally used; request the competent agency to temporarily seize the assets undergoing stocktaking;

dd) Request credit institutions to freeze account of the inspected entity; request the agency which controls asset and income and other competent agencies to adopt measures to promptly prevent the inspected entity from destroying or dispersing assets;

e) Decide to seal documents;

g) Decide stocktaking of assets;

h) Terminate or request the competent person to terminate violations;

i) Request the competent person to suspend the execution of the decision on discipline, transfer to other jobs, dismissal or retirement of the inspected entity or persons who provide information, documents on contents of inspection in case the execution of the decision may obstruct the inspection;

k) Impose administriave penalties according to its competence;

l) Report the result of inspection to the person who issues the decision on inspection and take responsibility for the accuracy, truthfulness and objectivity of such report;

m) Perform other duties and powers as prescribed per the law.

2. If it is not necessary to adopt measures specified in points d, dd, e, h and i Clause 1 of this Article, the head of the inspectorate shall decide or recommend immediate cancellation of implementation of the measures.

Best regards!