Legal Counselling

Vietnam: Determination of the competence to issue administrative inspection decisions

14:41, 27/09/2011

This is a notable content of Decree No. 86/2011/NĐ-CP detailing and guiding the implementation of a number of articles of the Law on Inspection issued on September 22, 2011 by the Government of Vietnam.

thẩm quyền ra quyết định thanh tra hành chính, Nghị định 86/2011/NĐ-CP

According to Decree No. 86/2011/NĐ-CP of Vietnam’s Government, the competence to issue administrative inspection decisions is determined as follows:

1. Competence to issue administrative inspection decisions according to plan

- Based on inspection plans, the Inspector General and chief inspectors of all levels and sectors shall issue inspection decisions and form inspection teams to perform inspection tasks.

- For complicated cases related to management responsibilities of many agencies and units; based on inspection plans, ministers, provincial-level People's Committee chairpersons, provincial department directors or district-level People's Committee chairpersons shall issue inspection decisions and form inspection teams to perform inspection tasks.

- For specially complicated cases related to management responsibilities of many levels and sectors; based on inspection plans, ministers, provincial-level People's Committee chairpersons, provincial department directors or district-level People's Committee chairpersons shall issue inspection decisions and form joint inspection teams to perform inspection tasks.

2. Competence to issue extraordinary administrative inspection decisions

- Extraordinary inspections shall be conducted upon detection of agencies, organizations or persons showing signs of violation; according to requirements of the settlement of complaints and denunciations or prevention and combat of corruption or under assignment of heads of same-level state management agencies.

- Pursuant to Clause 1 Article 20 of this Decree, the Inspector General or chief inspectors of all levels or sectors shall issue extraordinary inspection decisions and form inspection teams to perform inspection tasks and send such decisions to heads of same-level state management agencies for reporting.

- For complicated cases related to management responsibilities of many agencies and units, heads of state management agencies shall issue extraordinary inspection decisions and form inspection teams to perform inspection tasks.

- For specially complicated cases related to management responsibilities of many levels and sectors, heads of state management agencies shall issue extraordinary inspection decisions and form joint inspection teams to perform inspection tasks.

View details at Decree No. 86/2011/NĐ-CP of Vietnam’s Government, effective from November 15, 2011.

Thuy Tram

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