Vietnam: What are the regulations on the authority to make inspection decisions?

According to Decree No. 216/2013/ND-CP of Vietnam’s Government, the authority to make inspection decisions in the organization and activities of the Planning and Investment sector is as follows:

- The Chief Inspector of the Ministry of Planning and Investment and the Chief Inspector of the Department of Planning and Investment can make decisions regarding administrative inspections, specialized inspections, and establish inspection teams. For complex cases involving the management responsibilities of multiple agencies, units, levels, or sectors, the Minister of Planning and Investment and the Director of the Department of Planning and Investment can make inspection decisions and establish inspection teams.

- The Director-General of the General Statistics Office can make decisions regarding specialized inspections according to the plan and establish inspection teams. For complex cases involving the management responsibilities of multiple subordinate units, the Minister of Planning and Investment can make inspection decisions and establish inspection teams.

Moreover, Decree No. 216/2013/ND-CP also specifies the deadlines for inspections in the Planning and Investment sector as follows:

- Administrative inspections conducted by the Inspectorate of the Ministry of Planning and Investment shall not exceed 45 days, and in complex cases, it may be extended but not exceeding 70 days. Administrative inspections conducted by the Inspectorate of the Department of Planning and Investment shall not exceed 30 days, and in complex cases, it may be extended but not exceeding 45 days.

- Specialized inspections conducted by the Inspectorate of the Ministry of Planning and Investment and the General Statistics Office shall not exceed 45 days, and in complex cases, it may be extended for up to 25 more days. Specialized inspections conducted by the Inspectorate of the Department of Planning and Investment shall not exceed 30 days, and in complex cases, it may be extended for up to 15 more days.

- The extension of inspection periods according to the above regulations is determined by the inspection decision-making authority.

View more details at Decree No. 216/2013/ND-CP of Vietnam’s Government, effective from March 01, 2014.

Ty Na

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