Latest regulations on standards applicable to chiefs of inspectorates in Vietnam

Latest regulations on standards applicable to chiefs of inspectorates in Vietnam (Internet image)

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

1. The latest regulations on standards applicable to chiefs of inspectorates in Vietnam

1.1. General standards

To become the chief of inspectorate, an individual needs to meet the general standards specified in Clause 1, Article 28 of Decree 43/2023/ND-CP, specifically as follows:

- Having good moral qualities and sense of responsibility; being upright, honesty, fair and objective;

- Having professional qualifications in conformity with requirements and tasks of the inspection;

- Having comprehensive knowledge about inspection; having the ability to analyze, assess and review issues related to contents and fields subject to inspection;

- Having ability to organize, administer and provide guidance for other members in order to perform the assigned tasks.

1.2. Specific standards

Specifically, in Clause 2, Article 28 of Decree 43/2023/ND-CP stipulating the specific standards applicable to chiefs of inspectorates in as follows:

- The chief of the inspectorate established by the Inspector General of the Government Inspectorate shall be a principal inspector or higher;

- The chief of the inspectorate established by the ministerial chief inspector, the chief inspector of a Governmental agency or the provincial chief inspector shall be a principal inspector or higher;

- The chief of the inspectorate established by the chief inspector of sub-ministerial inspectorate shall be an inspector or higher;

- The chief of the inspectorate established by the chief inspector of provincial-level department or the chief inspector of district shall be an inspector or higher;

2. Cases where people must not be chiefs of inspectorates in Vietnam

According to Clause 2, Article 29 of Decree 43/2023/ND-CP, a person must not be a chief/deputy chief of an inspectorate in any of the following cases:

- Any person under one of cases specified in Points a, c and d Clause 1 of Article 29 of Decree 43/2023/ND-CP;

+ Any person contributing capital to an enterprise and hold shares in such enterprise that is the inspected entity, unless otherwise provided for by law;

+Any person who is being considered for disciplinary action or criminal prosecution

+Any person who is facing disciplinary measure or criminal prosecution and the duration for repeal of disciplinary measures or conviction expungement has not yet expired.

- Any person whose spouse, father, mother, mother-in-law, father-in-law, biological child, biological sibling or sibling-in-law is working in an agency, organization or unit that is the inspected entity;

3. Cases of change of chief, deputy chief and other members of inspectorate in Vietnam

The person issuing inspection decision shall consider and change the chief or the deputy chief of an inspectorate in any of the following cases:

- Falling into one of cases specified in Points a and d Clause 1 of Article 30 of Decree 43/2023/ND-CP and Section 2;

+ Committing one of the prohibited acts as prescribed in Article 8 of the Law on Inspection 2022;
Abusing one's position or inspection powers to commit illegal acts and harassment, or cause difficulties or troubles to inspected entities and other agencies, organizations and individuals; abusing powers in the process of inspection.

Conducting inspection beyond competence, contents of decision on inspection and detailed inspection plans that have been approved.

Intentionally refraining from issuance of decisions on inspection in case of detection of signs of violations that must be inspected according to regulations of the law; intentionally making untruthful conclusions; covering up inspected entities; making conclusions, decisions or taking actions against the law; failing to propose prosecution and transfer the files of cases with signs of criminal offences detected during inspection to the investigation agencies, which will decide whether to initiate prosecution in accordance with regulations of the law.

Giving, receiving or brokering bribes.

Disclosing information or documents related to inspection before publishing official conclusions.

Illegally intervening in inspection; falsifying inspection results, conclusions and recommendations.

Failing to provide information or documents, or promptly provide accurate or truthful information or documents; appropriating or destroying documents or material evidences related to inspection contents.

Opposing, obstructing, bribing, intimidating, taking revenge on or victimize inspection-conducting persons, supervisors, appraisers or persons who provide information or documents to the inspection-conducting authority; causing difficulties to inspection.

Committing other acts prohibited by law.

+ Failing to complete the assigned tasks, being unable to continue to conduct inspection due to health problems or other objective reasons.

- Failing to comply with information and reporting regimes, follow direction and administration of the person issuing inspection decision;

- Having grounds that the chief or the deputy chief of the inspectorate is incapable of completing inspection;

- Being assigned to perform other tasks at the request of the competent agency or organization.

(Clause 2, Article 30 of Decree 43/2023/ND-CP)

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

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE