Vietnam: Chief Inspector of the Ministry of Home Affairs has the power to decide on re-inspection of inspection conclusions

Vietnam: Chief Inspector of the Ministry of Home Affairs has the power to decide on re-inspection of inspection conclusions (Illustrative Image)

In Article 30 of Decree 90/2012/ND-CP on the re-inspection of Inspection conclusions in the internal affairs sector in Vietnam:

- The Chief Inspector of the Ministry of Home Affairs of Vietnam decides to re-inspect a case that has been concluded by the Chairman of the Provincial People's Committee or the agency assigned to perform the specialized inspection function in the internal affairs sector but shows signs of law violations when being assigned by the Minister of Home Affairs;

- The re-inspection decision includes the contents specified in Clause 1, Article 52 of the Law on Inspection. No later than 03 working days from the date of signing the re-inspection decision, the person who issues the re-inspection decision must send the re-inspection decision to the person who signed the inspection conclusion and the re-inspected subject;

- The grounds for re-inspection, the time limit for re-inspection, the duration of re-inspection, the tasks and powers of the person issuing the re-inspection decision, the Head of the Inspection delegation, members of the Inspection delegation, the report on re-inspection results are implemented in accordance with the provisions of the Law on Inspection, Decree 86/2011/ND-CP, and Decree 07/2012/ND-CP;

- The person who issues the re-inspection decision shall issue the re-inspection conclusion. The content of the re-inspection conclusion is in accordance with the provisions of the Law on Inspection;- The re-inspection conclusion of the Chief Inspector of the Ministry of Home Affairs of Vietnam shall be sent to the Minister of Home Affairs, Government Inspector General.

In addition, under Articles 28 and 29 of Decree 90/2012/ND-CP on the duration of inspection, the inspection conducted by the Inspectorate of the Ministry of Home Affairs of Vietnam, the agency assigned to perform the specialized inspection function in the internal affairs sector shall not exceed 45 days; in complicated cases, it can be extended, but not exceeding 70 days. The inspection conducted by the Inspectorate of the Department of Home Affairs shall not exceed 30 days; in complicated cases, it can be extended, but not exceeding 45 days.

Note: The inspection activities of the Inspectorate of the Ministry of Home Affairs of Vietnam, Inspectorate of the Department of Home Affairs shall comply with the provisions of the Law on Inspection; Decree 86/2011/ND-CP dated September 22, 2011, of the Government of Vietnam on elaboration of the Law on Inspection; Decree 07/2012/ND-CP dated February 9, 2012, of the Government of Vietnam on the agencies assigned to perform specialized inspection functions and specialized inspection activities. The order and procedures for specialized inspection activities of the agencies assigned to perform the specialized inspection function in the internal affairs sector shall comply with the provisions of the Law on Inspection and Decree 07/2012/ND-CP.

Details may be found in Decree 90/2012/ND-CP effective from January 1, 2013.

Le Vy

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