Vietnam: Regulations on handling overlap in inspection activities

Vietnam: Regulations on handling overlap in inspection activities (illustration image)

Under Article 26 of Decree 90/2012/ND-CP, the regulations on handling overlap in inspection activities in Vietnam are as follows:

- If the inspection plan of a lower-level agency overlaps with the one of a higher-level agency, the plan of the higher-level agency shall be implemented;

- The Chief Inspector of the Ministry of Home Affairs is responsible for presiding over the handling of overlaps in the scope, subjects, content, and time of inspection between the Ministry of Home Affairs Inspectorate and authorities assigned to perform specialized inspection functions within the Ministry of Home Affairs; cooperate with the provincial inspectorate to resolve overlap in inspection activities of the internal affairs sector with local inspection authorities, and report to the Minister of Home Affairs for consideration when necessary;

- The Chief Inspector of the Department of Home Affairs reports to the Chief Inspector of the Province to handle overlap in inspection activities with local inspection authorities.

Additionally, in Article 27 of Decree 90/2012/ND-CP, the authority to issue inspection decisions in Vietnam is regulated as follows:

- The Chief Inspector of the Ministry of Home Affairs and the Chief Inspector of the Department of Home Affairs shall issue administrative and specialized inspection decisions, and establish Inspection delegations. When deemed necessary, the Minister of Home Affairs, and the Director of the Department of Home Affairs issue inspection decisions and establish Inspection delegations;

- The heads of authorities assigned to perform specialized inspection functions issue specialized inspection decisions according to the plan and establish Inspection delegations.

For complicated cases involving the management responsibilities of multiple units, the Minister of Home Affairs issues specialized inspection decisions and establishes inspection delegations.

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

Le Vy

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