The Law on Inspection 2022 available in Vietnam

Photo of a part of the Law on Inspection 2022 of Vietnam 

Law on Inspection 2022 takes effect in Vietnam from July 1, 2023

Law on Inspection 2022 takes effect from July 1, 2023, comprising 8 chapters and 118 articles. To be specific

Chapter 1: General Provisions

Chapter 2: Organization, Tasks, and Powers of Agencies Performing Inspection Functions

Chapter 3: Inspectors, Individuals Assigned to Perform Specialized Inspection Tasks

Chapter 4: Inspection Activities

Chapter 5: Implementation of Inspection Conclusions

Chapter 6: Coordination in Inspection Activities, State Audit, and Examination

Chapter 7: Conditions Ensuring Inspection Activities

Chapter 8: Implementation Provisions

Currently, the Law on Inspection 2010 comprises 7 chapters and 78 articles.

Law on Inspection 2022 amends the Law on Handling Administrative Violations, the Law on Environmental Protection of Vietnam

- Amends and supplements several clauses of Article 46 Law on Handling Administrative Violations 2012 (amended in 2020) as follows:

+ Adds the phrase "Chief Inspector of General Departments, other Departments under the Ministry and equivalents;" after the phrase "Chief Inspector of the State Securities Commission;" at the beginning of clause 2;

+ Adds the phrase "Chief Inspector of agencies under the Government of Vietnam, Chief Inspector of provinces," before the phrase "Director of the Statistics Department," at the beginning of clause 3.

- Amends and supplements point a, clause 2 of Article 160 Law on Environmental Protection 2020 as follows:

"a) Inspection according to the plan;".

Prohibited Acts in Vietnam under the Law on Inspection 2022

- Abuse of position, power for illegal acts, harassment, causing difficulties and annoyance to the inspection subjects and other agencies, organizations, and individuals; power abuse during the inspection process.

- Conducting inspections beyond authority, inconsistent with the content of the inspection decision, and the approved inspection plan.

- Deliberately not issuing inspection decisions when signs of legal violations are detected that must be inspected according to legal regulations; covering up for inspection subjects; deliberately concluding false findings; concluding, deciding, handling illegally; not recommending prosecution and transferring the case file with signs of crime discovered through inspection to the investigating agency for consideration and decision on criminal prosecution according to legal regulations.

- Giving bribes, receiving bribes, mediating bribes in inspection activities.

- Disclosing information, documents related to the inspection when the inspection conclusion is not public.

- Illegally interfering with inspection activities; influencing to distort inspection results, conclusions, and recommendations.

- Failing to provide information, documents, or providing untimely, incomplete, untruthful, inaccurate information; embezzling, destroying documents and evidence related to the inspection content.

- Opposing, obstructing, bribing, threatening, retaliating, repressing inspectors, supervisors, evaluators, or individuals providing information, documents to agencies performing inspection functions; causing difficulties for inspection activities.

- Acts prohibited by law.

Diem My

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