Vietnam: Chief Inspector of the Finance Ministry may decide to re-inspect the financial sector inspection conclusions

This is a notable content of Decree No. 82/2012/NĐ-CP of Vietnam’s Government on organization and operation of the financial inspectorates, promulgated on October 09, 2012.

Thanh tra ngành tài chính, Nghị định 82/2012/NĐ-CP

Specifically, according to Article 19 of Decree No. 82/2012/NĐ-CP of Vietnam’s Government, the competence to re-inspect cases concluded but detected there are signs of violation in the finance sector is defined as follows:

+ When being assigned by the Minister of Finance, the Chief Inspector of the Finance Ministry may decide to re-inspect cases already concluded by General Directors, the director of the Insurance Management and Supervision Department or chairpersons of provincial-level People's Committees which fall within the scope of state management of the Ministry of Finance but detected there are signs of violation.

+ General Directors may decide to re-inspect cases already concluded by Directors of Departments under General Departments but detected there are signs of violation.

+ Directors of provincial-level Tax Departments may decide to re-inspect cases already concluded by heads of Tax Sub-Departments but detected there are signs of violation.

- A re-inspection decision includes the contents specified in Clause 1, Article 52 of the Inspection Law. Within 03 working days after signing a re-inspection decision, the inspection decision issuer shall send such decision to the person who has signed the inspection conclusion and to the subject of re-inspection.

- Grounds, statute of limitations and duration of re-inspection, tasks and powers and inspection decision issuers, heads of inspection teams, members of inspection teams, and reporting on re-inspection results comply with the Inspection Law, Decree No. 86/2011/ND-CP and Decree No. 07/2012/ND-CP of Vietnam’s Government.

- Re-inspection decision issuers shall issue re-inspection conclusions. Contents of a re-inspection conclusion comply with the inspection law.

- Re-inspection conclusions of the Chief Inspector of the Finance Ministry shall be sent to the Minister of Finance and the Government Inspectorate. Re-inspection conclusions of General Directors must be sent to the Finance Ministry's Inspectorate. Re-inspection conclusions of Directors of Departments under General Departments must be sent to General Directors.

View more details at Decree No. 82/2012/NĐ-CP of Vietnam’s Government, effective from November 25, 2012.

Le Vy

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