Who is administrative inspector? Administrative inspection duration in Vietnam

Who is administrative inspector? Administrative inspection duration in Vietnam (Internet image)

1. Who is administrative inspector?

Administrative inspection means inspection conducted by competent state agencies of the implementation of policies and laws and the performance of tasks and exercise of powers by agencies, organizations and individuals under these agencies' management.

(Clause 2, Article 3 of the Law on Inspection 2010)

2. Competence to is sue administrative inspection decisions in Vietnam

Pursuant to Article 43 of the Law on Inspection 2010, the competence to issue administrative inspection decisions is as follows:

- Inspection activities may be conducted only when inspection decisions are issued.

- Heads of state inspection agencies may issue inspection decisions and form inspection teams to execute inspection decisions.

When finding it necessary, heads of State management agencies may issue inspection decisions and form inspection teams!"

An inspection team is composed of the head, inspectors and other members.

3. Administrative inspection decisions in Vietnam

Article 44 of the Law on Inspection 2010 stipulates administrative inspection decisions as follows:

- An inspection decision contains the following details:

+ Legal grounds for inspection;

+ Inspection scope, subjects, contents and tasks:

+ Inspection duration;

+ Head, inspectors and other members of the inspection team.

- Within 5 days after the date of its signing, an inspection decision shall be sent to to-be-inspected subjects, except unexpected inspection.

Inspection decisions shall be announced within 15 days after they are signed. The announcement of inspection decisions must be recorded in writing.

4.  Administrative inspection duration in Vietnam

Pursuant to Article 45 of the Law on Inspection 2010, the administrative inspection duration is as follows:

- The duration for conducting an inspection is specified as follows:

+ An inspection conducted by the Government Inspectorate must last not more than 60 days.

For complicated cases, this duration may be prolonged but must not exceed 90 days.

For particularly complicated inspections which involve many domains or many localities, the inspection duration may be prolonged but must not exceed 150 days:

+ An inspection conducted by a provincial or ministerial inspectorate must last not more than 45 days. For complicated cases, such duration may be prolonged but must not exceed 70 days;

+ An inspection conducted by a district or provincial-level department inspectorate must last not more than 30 days. In mountainous, border, island, deep-lying or remote areas with difficult access, the inspection duration may be prolonged but must not exceed 45 days.

- The duration of an inspection shall be counted from the date of inspection decision announcement to the date of inspection completion at the inspected place.

- The prolongation of the inspection duration specified in Clause 1 of Article 45 of the Law on Inspection 2010 shall be decided by inspection decision issuers.

5. Reports on administrative inspection results in Vietnam

Article 49 of the Law on Inspection 2010 stipulates reports on administrative inspection results as follows:

- Within 15 days after the completion of an inspection, an inspection team head shall make and send a written report on inspection results to the inspection decision issuer.

In case an inspection decision issuer is concurrently the head of a state management agency, a report on inspection results shall also be sent to the head of the state inspection agency of the same level.

- A repot on inspection results must have the following contents:

+ Specific conclusions on each inspected content;

+ Clear determination of the nature and severity of violations, their causes, and responsibilities of violating agencies, organizations or individuals;

+ Divergence of opinions between members and the head of the inspection team on the report's contents;

+ Handling measures already applied and recommended ones.

- In case of detecting acts of corruption, the report on inspection results must clearly state the responsibility of the head of the agency or organization in which such acts of corruption occur according to the following levels:

+ Weak management capability;

+ Irresponsibility in management;

+ Covering up of persons committing acts of corruption.

- A report on inspection results must clearly state legal provisions used as grounds for determining the nature and severity of violations and recommended handling measures.

6. Administrative inspection conclusions in Vietnam

Pursuant to Article 50 of the Law on Inspection 2010, the administrative inspection conclusions are as follows:

- Within 15 days after receiving a report on inspection results, an inspection decision issuer shall make and send written inspection conclusions to the head of the state management agency of the same level, the superior state inspection agency and inspected subjects.

In case the head of the state management agency is concurrently the inspection decision issuer, inspection conclusions shall also be sent to the head of the state inspection agency of the same level.

- Inspection conclusions must have the following contents:

+ Assessment of the implementation of policies and laws, the performance of tasks and exercise of powers by inspected subjects, which arc included in inspection contents;

+ Conclusions on inspection contents;

+ Clear determination of the nature and severity of violations, their causes and responsibilities of violating agencies, organizations and individuals;

+ Handling measures already applied and recommended ones.

- In the course of preparing written inspection conclusions, inspection decision issuers may request heads and members of inspection teams to report: or request inspected subjects to explain to further clarify mailers necessary for making inspection conclusions.

Ngoc Nhi

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