Competence to issue financial inspection decisions and duration thereof

According to Article 16 of Decree No. 82/2012/NĐ-CP of Vietnam’s Government, the competence to issue inspection decisions is prescribed as follows:

- The Chief Inspector of the Ministry of Finance and Chief Inspectors of provincial-level Finance Departments may issue administrative inspection decisions and specialized inspection decisions and establish inspection teams. When necessary, the Minister of Finance or directors of provincial-level Finance Departments may issue inspection decisions and establish inspection teams.

- Heads of agencies assigned to perform specialized inspection function may issue specialized inspection decisions under plans and establish inspection teams.

For complex cases relating to manage­ment responsibilities of many attached units, heads of agencies assigned to perform specialized inspection function at their directly higher level may issue inspection decisions and establish inspection teams.

Moreover, Article 17 of Decree No. 82/2012/NĐ-CP stipulates the inspection duration as follows:

- An administrative inspection conducted by the Finance Ministry's Inspectorate must not exceed 45 days, in complex case, it can be prolonged but must not exceed 70 days. An administrative inspection conducted by Inspectorates of provincial-level Finance Departments must not exceed 30 days, in complex case, it can be prolonged but must not exceed 45 days.

- A specialized inspection conducted by the Inspectorate of the Ministry of Finance, General Departments or the Insurance Management and Supervision Department must not exceed 45 days, in complex case, it can be prolonged more but must not exceed 70 days.

- A specialized inspection conducted by Inspectorates of provincial-level Finance Departments, Departments under General Departments or Tax Sub-Departments must not exceed 30 days, in complex case, it can be prolonged more but must not exceed 45 days.

View more details at Decree No. 82/2012/NĐ-CP of Vietnam’s Government, effective from November 25, 2012.

Le Vy

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