Inspection authorities violating eesponsibilities may be suspended from operation in Vietnam

On October 16, 2012, the Ministry of Transport issued Circular 42/2012/TT-BGTVT stipulating responsibilities and handling of violations in the inspection operation.

Violation  of  responsibilities  by  the  inspection  unit  may  lead  to  suspension  of  operations,  Circular  42/2012/TT-BGTVT

Violation of the inspection authority may lead to suspension of operations in Vietnam (Illustrative image)

In Article 16 of Circular 42/2012/TT-BGTVT, the handling of violations by the inspection authoritys is specified as follows:

- The inspection authority will be warned when violating any of the provisions in Article 5 of Circular 42/2012/TT-BGTVT.

- The inspection authority will be suspended in the following cases:

- When violating two or more provisions in Article 5 of Circular 42/2012/TT-BGTVT or being warned three times or more;- When causing serious consequences by violating any of Items 2, 3, 4, 5, 6, and 7 in Article 5 of Circular 42/2012/TT-BGTVT.

Additionally, the lead inspector, manager, and inspection officials of the inspection authority, depending on the subject and degree of the violation, will be handled according to regulations in Decree 34/2011/ND-CP dated May 17, 2011, of the Government of Vietnam on disciplinary action against officials; Decree 27/2012/ND-CP dated April 6, 2012, of the Government of Vietnam on disciplinary action against public employees and liabilities for compensation and reimbursement by public employees; Decree 41/CP dated July 6, 1995, of the Government of Vietnam detailing and guiding the implementation of several provisions of the Labor Code on labor discipline and material liability; and Decree 33/2003/ND-CP dated February 4, 2003, of the Government of Vietnam supplementing several articles of Decree 41/CP dated July 6, 1995, of the Government of Vietnam detailing and guiding the implementation of several provisions of the Labor Code on labor discipline and material liability.

Detailed content can be found in Circular 42/2012/TT-BGTVT, effective from January 1, 2013.

Le Vy

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