Procedure for applying penalty of suspension of inspection authority operation in Vietnam

Procedure for applying penalty of suspension of inspection authority operation in Vietnam (Illustrative Image)

In Article 21 of Circular 42/2012/TT-BGTVT, the authority to handle violations in inspection work is specified as follows:

- The Minister of Transport decides on the handling of violations by the Director-General, Deputy Director-General of the Vietnam Register and other subjects under their authority.

- The Chairman of the Provincial People's Committee, directly governed cities, decides on the handling of violations by Directors, Deputy Directors of the Department of Transport and other subjects under their authority.

- The Director-General of the Vietnam Register:- Decides on the handling of violations by heads of inspection units, advisory bodies, and inspection officers under the management of the Directorate;- Suspends the operations of violating inspection units;- Revokes certificates and inspector cards.

- The Director of the Department of Transport and other superior bodies of the inspection unit:- Decides on the handling of violations by heads of inspection units and inspection officers under the management of the Department;- Reports to the Vietnam Register and competent authorities on violations by agencies, organizations, and individuals for appropriate handling.

Specifically, regarding the procedure, documentation, and application of the form of handling suspension of operations for inspection units, the process is implemented as follows:

- A report from the inspection team or the competent person suggesting handling violations attached with the inspection record;- A document suspending the operations of the inspection unit issued by the Director-General of the Vietnam Register according to Clause 3, Article 21 of this Circular.

Furthermore, this Circular also specifies the procedure, documentation to allow the inspection unit to resume operations after rectifying violations as follows:

- After rectifying the violations mentioned in the suspension document at point b, clause 1 of this Article, the suspended inspection unit submits a document to the Vietnam Register requesting permission to resume operations;

- The Vietnam Register accepts the document and assigns the advisory body to conduct an inspection and evaluation at the inspection unit and prepare an inspection report;

- The conclusion in the inspection report regarding the rectification of violations by the inspection unit prepared by the advisory body serves as a basis for the Vietnam Register's handling. If the inspection report concludes that the requirements are not met, within 5 working days from the inspection completion date, the Vietnam Register issues a document notifying the inspection unit to continue rectifying and proceed with a re-inspection. If the inspection report concludes that the requirements are met, within 5 working days from the inspection completion date, the Vietnam Register issues a document allowing the inspection unit to resume operations.

Detailed contents can be viewed at Circular 42/2012/TT-BGTVT, effective from January 1, 2013.

Le Vy

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