Grounds for re-inspection in Vietnam under Decree 43/2023/ND-CP

Grounds for re-inspection in Vietnam under Decree 43/2023/ND-CP (Internet image) 

On June 30, 2023, the Government of Vietnam issued Decree 43/2023/ND-CP detailing a number of articles and measures to implement the Law on Inspection.

1. Grounds for re-inspection in Vietnam under Decree 43/2023/ND-CP

Specifically, according to Article 19 of Decree 43/2023/ND-CP stipulating the grounds for re-inspection as prescribed in Clause 1, Article 56 of the Law on Inspection, specifically as follows:

- There are serious violations against regulations on procedures during the inspection, thereby causing defects in contents of inspection conclusions, including: failure to develop and send the list of issues to be reported on by the inspected entity;

Failure to collect information and documents related to inspection contents; failure to check or verify information and documents; and failure to report inspection results obtained from the inspectorate.

- There are errors in the application of the law when inspection conclusions are made. To be specific: applying regulations of the law in an improper manner or applying legal documents that are invalid, thereby causing defects in contents of inspection conclusions.

- Contents of inspection conclusions are not consistent with evidences that have been collected during the inspection, thereby causing improper assessment, aggravation, mitigation or omission of violations committed by the inspected entities; or there are complaints that handling violations is not inconsistent with the nature and danger of the detected violations.

- Inspection-conducting persons intentionally falsify case files. To be specific: they add, remove, modify, swap, destroy or damage the information, documents and evidences of the inspection or conduct other tricks in order to falsify the contents of the case files.

- Superior inspection agencies or other competent agencies detect signs of serious violations committed by the inspected entities but have not yet fully detected violations via inspection according to contents stated in inspection decisions and detailed inspection plans that have previously made by inspectorates

2. Authority to conduct re-inspection in Vietnam

Pursuant to Article 18 of Decree 43/2023/ND-CP, authority to conduct re-inspection in Vietnam is as follows:

- The Inspector General of the Government Inspectorate shall decide re-inspection of cases which the conclusions have been made by the ministerial inspectorate, the inspection agency of the governmental agency or the provincial inspectorate when there are signs of serious violations.

- The ministerial chief inspectors shall decide re-inspection of cases which the conclusions have been made by sub-ministerial inspectorates, other specialized authorities assigned to conduct inspection under ministries; and cases which the conclusions have been made by inspectorates of provincial-level departments under the scope of state management by ministries when there are signs of serious violations.

- The provincial chief inspectors shall decide re-inspection of cases which the conclusions have been made by inspectorates of provincial-level departments and the district inspectorates when there are signs of serious violations.

3. Procedures for conducting re-inspection in Vietnam

According to Clause 1, Article 21 of Decree 43/2023/ND-CP, procedures for an inspection shall be carried out as follows:

- Issuing an inspection decision;

- Publishing the inspection decision;

- Developing and sending an outline to request the inspected entity to make report;

- Collecting information and documents related to inspection contents;

- Checking and verifying information and documents;

- Reporting inspection results;

- Making a draft inspection conclusion;

- Issuing the inspection conclusion;

- Publishing the inspection conclusion;

More details can be found in Decree 43/2023/ND-CP effective from 15/8/2023.

Ho Quoc Tuan

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