Tasks and powers of inspection-conducting persons in Vietnam

The Law on Inspection 2022 was passed by the National Assembly of Vietnam on November 14, 2022, which stipulates who conducts inspection as follows:

1. Who are inspection-conducting persons?

According to Clause 16, Article 2 of the Law on Inspection 2022, inspection-conducting persons include the person who issues the decision on inspection, the chief and other members of the inspectorate.

Tasks and powers of the inspection-conducting persons in Vietnam (Internet image)

2. Tasks and powers of inspection-conducting persons in Vietnam

Tasks and powers of inspection-conducting persons in Vietnam are specified from Article 80 to Article 82 of the Law on Inspection 2022, specifically:

2.1. Tasks and powers of the person who issues the decision on inspection

- A person who issues the decision on inspection shall have the following tasks and powers:

+ Direct, examine and supervise the inspectorate to strictly comply with the contents of the decision on inspection;

+ Request inspected entities to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;

+ Decide request for external assessment of matters related to inspection contents;

+ Decide or request the competent person to decide to temporarily seize assets, licenses or practice certificates that have been illegally used;

+ Terminate or recommend the competent person to terminate violations;

+ Request credit institutions to freeze account of the inspected entity; request the agency which controls asset and income and other competent agencies to adopt measures to promptly prevent the inspected entity from destroying or dispersing assets or ensure the implementation of the decision on recall of assets of the head of the inspection authority and the head of the state management agency;

+ Decide stocktaking of assets;

+ Decide to recall assets which are appropriated, illegally used or lost

+ Recommend the competent person to suspend the execution of the decision on discipline, transfer to other jobs, dismissal or retirement of the inspected entity or persons who provide information, documents on contents of inspection in case the execution of the decision may obstruct the inspection;

+ Recommend competent persons to suspend work and handle officials and public employees who intentionally obstruct inspection activities or fail to comply with requests, recommendations or the decision on inspection;

+ Decide to handle according to its competence or recommend competent persons to handle the result of inspection; examine and urge the implementation of the inspection-related decisions;

+ Settle complaints, denunciations, recommendations and reflections related to the responsibilities of the chief and other members of the inspectorate;

+ Terminate, change the chief and other members of the inspectorate;

+ Issue inspection conclusion;

+ Transfers the relevant document and case file enclosed with the written recommendation for prosecution to the investigation agency in case criminal offences are suspected specified in Clause 3 Article 68 of the Law on Inspection 2022.

+ Impose administrative penalties according to its competence;

+ Perform other duties and powers as prescribed per the law.

- If it is not necessary to adopt measures specified in points d, dd, e, i and k Clause 1 of Article 80 of the Law on Inspection 2022, the person who issues the decision on inspection shall decide or recommend immediate cancellation of implementation of the measures.

2.2. Tasks and powers of the chief of inspectorate

- The chief of inspectorate shall have the following tasks and powers:

+ Organize and direct the members of the inspectorate to strictly comply with the contents of the decision on inspection;

+ Recommend the person who issues the decision on inspection to adopt measures under its competence according to regulations of the Law on Inspection 2022 and other relevant laws to ensure the fulfillment of requirements and purposes of inspection;

+ Request the inspected entity to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;

+ Request the person competent to decide to temporarily seize assets, licenses or practice certificates that have been illegally used; request the competent agency to temporarily seize the assets undergoing stocktaking;

+ Request credit institutions to freeze account of the inspected entity; request the agency which controls asset and income and other competent agencies to adopt measures to promptly prevent the inspected entity from destroying or dispersing assets;

+ Decide to seal documents;

+ Decide stocktaking of assets;

+ Terminate or request the competent person to terminate violations;

+ Request the competent person to suspend the execution of the decision on discipline, transfer to other jobs, dismissal or retirement of the inspected entity or persons who provide information, documents on contents of inspection in case the execution of the decision may obstruct the inspection;

+ Impose administrative penalties according to its competence;

+ Report the result of inspection to the person who issues the decision on inspection and take responsibility for the accuracy, truthfulness and objectivity of such report;

+ Perform other duties and powers as prescribed per the law.

- If it is not necessary to adopt measures specified in points d, dd, e, h and i Clause 1 of Article 81 of the Law on Inspection 2022, the chief of the inspectorate shall decide or recommend immediate cancellation of implementation of the measures.

2.3. Tasks and powers of other members of inspectorate

- Other members of inspectorate who are inspectors shall have the following tasks and powers:

+ Perform tasks under assignment of the chief of inspectorate;  

+ Request inspected entities to provide information and documents, report or explain matters related to inspection contents; request relevant agencies, organizations and individuals to provide information and documents related to inspection contents;

+ Impose administrative penalties according to its competence;

+ Recommend the chief of the inspectorate to adopt measures under the tasks and powers of the chief specified in Clause 1, Article 81 of this Law to ensure the performance of the assigned tasks;

+ Report the result of the performance of the assigned tasks to the chief of the inspectorate and take responsibilities to the chief and the law for the accuracy, truthfulness and objectivity of such report;

+ Perform other duties and powers as prescribed per the law.

- Other members of inspectorate who are not inspectors shall have tasks and powers specified in points a, d, dd and e Clause 1 of Article 82 of the Law on Inspection 2022.

The Law on Inspection 2022 takes effect from July 1, 2022.

Nhu Mai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE