Circular 14: Regulations on inspection of law enforcement in Vietnam

Circular 14: Regulations on inspection of law enforcement in Vietnam (Illustrative photo)

Under Circular 14/2014/TT-BTP, the inspection of law enforcement in Vietnam is conducted according to the plan for supervision of law enforcement or when there are difficulties, obstacles, or inadequacies in the actual law enforcement, or at the request of a competent state agency. Specifically, the inspection of law enforcement in Vietnam is conducted as follows:

- The inspection content of law enforcement follows Article 7, Article 8, Article 9, Article 10 of Decree 59/2012/ND-CP and Article 1, Article 2, Article 3, Article 4, and Article 5 of this Circular; concurrently, it is associated with the inspection of key content in the fields of administrative procedure control and the inspection of legal normative documents that have been identified in the annual plan of Ministries, central authorities, and provincial/municipal People's Committees.

- Ministries and ministerial-level agencies inspect law enforcement by ministries, ministerial-level agencies, Governmental agencies, and provincial People's Committees under their authority. Higher-level People's Committees inspect law enforcement by lower-level People's Committees under their authority.

.- The Ministry of Justice takes charge of and cooperates with ministries, ministerial-level agencies, and Governmental agencies to establish an inter-sectoral inspection delegation regarding law enforcement in fields within the inter-sectoral management scope, which have many difficulties, obstacles, and inadequacies in the actual implementation.

- Judicial agencies propose that the Ministers, Heads of ministerial-level agencies, Governmental agencies, and Chairmen of People's Committees establish an inspection delegation regarding law enforcement in the fields related to the functions and duties of multiple units that have many difficulties, obstacles, and inadequacies in the actual implementation.

- The decision to establish an inspection delegation must specify the content, the working plan of the inspection delegation, the composition of the inspection delegation, and the agency, organization, and individual subject to inspection. The decision to establish an inspection delegation is notified to the agency, organization, and individual subject to inspection at least 07 working days before the inspection starts.

- Agencies, organizations, and individuals under inspection must report in writing, provide information, and relevant documents related to the inspection content; and explain the issues related to the inspection content. The inspection delegation or the competent person inspects, reviews, verifies, and concludes the issues related to the inspection content.

- During the inspection process, when detecting information to be processed according to the results of collecting information, the results of inspection, investigation, and survey on law enforcement specified in Article 14 of Decree 59/2012/ND-CP, the inspection delegation or the competent person proposes competent agencies, organizations, and individuals to apply the necessary measures to process them.

Within 15 days from the date of receiving the processing request, the competent agencies, organizations, and individuals must notify the inspection decision-maker about the processing results. If there is no agreement with the processing results or no processing results are received, the inspection decision-maker sends a request to the supervisory authorities of competent agencies, organizations, and individuals handling the inspection results

.- Within 15 days from the end of the inspection, the inspection delegation reports the inspection results to the inspection decision-maker.

Details can be found in Circular 14/2014/TT-BTP which takes effect from July 1, 2014.

Ty Na

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