From March 1, 2024, there are 09 sub-ministerial inspectorates in Vietnam

From March 1, 2024, there are 09 sub-ministerial inspectorates in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On January 11, 2024, the Government issued Decree 03/2024/ND-CP regulating agencies performing specialized inspection functions and activities of agencies assigned to performing specialized inspection functions in Vietnam.

1. From March 1, 2024, there are 09 sub-ministerial inspectorates in Vietnam

Pursuant to Article 15 of Decree 03/2024/ND-CP, from March 1, 2024 there will be 09 sub-ministerial inspectorates, including:

- Inspectorate of the Department of Radiation and Nuclear Safety.

- Inspectorate of the Judicial Support Department.

- Inspectorate of Vietnam Maritime Administration.

- Inspectorate of Vietnam Aviation Administration.

- Inspectorate of the State Securities Commission.

- State Treasury Inspectorate.

- Inspectorate of the General Department of State Reserves.

- Inspectorate of the General Department of Vocational Education.

- Inspectorate of the General Statistics Office.

2. What are the regulations on the organization and operation of sub-ministerial inspectorates in Vietnam?

According to Article 16 of Decree 03/2024/ND-CP, the organization and activities of sub-ministerial inspectorates are as follows:

- Position, functions, tasks, powers of sub-ministerial inspectorates, tasks and powers of chief sub-ministerial inspectorates, organization, and activities of sub-ministerial inspectorates are carried out according to the provisions of the Law on Inspection 2022, Decree 43/2023/ND-CP, Decree 03/2024/ND-CP, and other relevant laws.

- The establishment of sub-ministerial inspectorates must ensure compliance with regulations on organizational structure, staffing, inspection laws, and other relevant laws.

- Sub-ministerial inspectorates have their own seal and account.

3. What are the positions and functions of sub-ministerial inspectorates in Vietnam?

Pursuant to Article 18 of the Law on Inspection 2022, the positions and functions of sub-ministerial inspectorates are as follows:

- The sub-ministerial inspectorate is an agency of General Department or Department affiliated to the Ministry, which conducts specialized inspection within the scope of state management that the General Department or Department has been assigned to manage; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

- The sub-ministerial inspectorate is established:

= According to regulations of the law;

= According to regulations of international treaties to which the Socialist Republic of Vietnam is a signatory;

= At General Department or Department affiliated to the Ministry having authority over a large quantity of entities in sectors and industries that are complicated and important to socio-economic development according to regulations of the Government.

The establishment of sub-ministerial inspectorates must not increase the number of focal points of affiliated units and the payroll of the General Department or Department affiliated to the Ministry.

- The sub-ministerial inspectorates shall be subject to the direction and management of Director General and Directors, the direction of inspection and professional guidance of ministerial inspectorates.

4. What are the tasks and powers of sub-ministerial inspectorates in Vietnam?

In Article 19 of the Law on Inspection 2022,tasks and powers of sub-ministerial inspectorates are as follows:

- The sub-ministerial inspectorates shall assist Director General and Directors in carrying out inspection and have the following tasks and powers:

+ Develop draft plans for inspection of sub-ministerial inspectorates, report to Director General and Directors for consideration and decision before submission to ministerial inspectorates to synthesize into annual inspection plans of the ministries;

+ Organize implementation of inspection of sub-ministerial inspectorates in annual inspection plans of the ministries; specialized inspection for agencies, organizations and individuals within the scope of state management that General Department and Departments have been assigned to manage;

+ Inspect other cases assigned by the ministers, Director General and Directors;

+ Monitor, urge and examine the implementation of conclusions, recommendations of sub-ministerial inspectorates and inspection-related decisions of the Director General and Directors;

+ Summarize and report the results of inspection.

- Perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.

- Perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.

Nguyen Ngoc Que Anh

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