Chief Inspector of the Ministry of Home Affairs has the authority to decide on re-inspection of inspection conclusions

Inspector General of the Ministry of Home Affairs is authorized to issue a decision to re-inspect the Inspection Conclusions (Illustrative Image)

To be specific, in Article 30 of Decree 90/2012/ND-CP, it is stipulated about the re-inspection of Inspection Conclusions in the sector of Home Affairs as follows:

- The Inspector General of the Ministry of Home Affairs decides to re-inspect a case that has been concluded by the Chairman of the Provincial People's Committee or the agency assigned to perform the specialized inspection function in the sector of Home Affairs but shows signs of law violations when assigned by the Minister of Home Affairs;- The re-inspection decision includes the contents specified in Clause 1, Article 52 of the Law on Inspection. No later than 03 working days from the date of signing the re-inspection decision, the person who issues the re-inspection decision must send the re-inspection decision to the person who signed the inspection conclusion and the re-inspected subject;- The grounds for re-inspection, the time limit for re-inspection, the duration of re-inspection, the tasks and powers of the person issuing the re-inspection decision, the Head of the Inspection Team, members of the Inspection Team, the report on re-inspection results are implemented in accordance with the provisions of the Law on Inspection, Decree 86/2011/ND-CP, and Decree 07/2012/ND-CP;- The person who issues the re-inspection decision shall issue the re-inspection conclusion. The content of the re-inspection conclusion is in accordance with the provisions of the Law on Inspection;- The re-inspection conclusion of the Inspector General of the Ministry of Home Affairs shall be sent to the Minister of Home Affairs, Inspector General of the Government of Vietnam.

In addition, in Articles 28 and 29 of Decree 90/2012/ND-CP stipulating the inspection period, the inspection conducted by the Inspectorate of the Ministry of Home Affairs, the agency assigned to perform the specialized inspection function in the sector of Home Affairs shall not exceed 45 days; in complicated cases, it can be extended, but not exceeding 70 days. The inspection conducted by the Inspectorate of the Department of Home Affairs shall not exceed 30 days; in complicated cases, it can be extended, but not exceeding 45 days.

Note: The inspection activities of the Inspectorate of the Ministry of Home Affairs, Inspectorate of the Department of Home Affairs are implemented in accordance with the provisions of the Law on Inspection; Decree 86/2011/ND-CP dated September 22, 2011, of the Government of Vietnam detailing and guiding the implementation of some articles of the Law on Inspection; Decree 07/2012/ND-CP dated February 9, 2012, of the Government of Vietnam regulating the agencies assigned to perform specialized inspection functions and specialized inspection activities. The order and procedures for specialized inspection activities of the agencies assigned to perform the specialized inspection function in the sector of Home Affairs shall be implemented in accordance with the provisions of the Law on Inspection and Decree 07/2012/ND-CP.

For details, see Decree 90/2012/ND-CP, effective from January 1, 2013.

Le Vy

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