What are the regulations on the People’s Inspectorates at state enterprises in Vietnam? - Phuong Nhu (HCMC, Vietnam)
03 things you should know about the People’s Inspectorates at state enterprises in Vietnam (Internet image)
1. Organization of People’s Inspectorates at state enterprises in Vietnam
In Article 77 of the Law on Implementation of Grassroots-level Democracy 2022, the Organization of People’s Inspectorates at state enterprises is as follows:
- The People’s Inspectorate of a state enterprise shall be composed of 03 – 09 members elected in the employee meeting at the recommendation of the Executive Committee of the Trade Union or other employee representation organization (if any) of the state enterprise.
If the state enterprise has particular characteristics or operates in a non-centralized manner, the employee meeting may decide on a greater number of members of the People's Inspectorate to ensure its effective operation.
- Each member of the People’s Inspectorate must be a staff member of a state enterprise having good moral qualities, earning good credit in the state enterprise, having good health condition to fulfill his/her assigned tasks;
Having knowledge about policies, laws and voluntarily joining the People's Inspectorate; not at the same time holding office as the duly authorized representative, the member of the leadership, management or the chief accountant of the state enterprise.
- Tenure of a People's Inspectorate shall be 02 years.
During its tenure, if any position of member is vacant; or any member of the People’s Inspectorate fails to fulfill his/her assignments, no longer earns trust or applies for his/her resignation, the Executive Committee of the Trade Union, or the representation board of other employee representation organization (if any) of the state enterprise shall request the employee meeting to consider such resignation and elect another person as a substitute for the previous member.
- The People’s Inspectorate of a state enterprise shall be composed of the Head, Vice Head(s) and Member(s). The Head of the People’s Inspectorate shall bear joint responsibility for its operation;
The Vice Head shall be responsible for assisting the Head to perform duties; other members shall perform duties assigned by the Head.
2. Duties and powers of People’s Inspectorates at state enterprises in Vietnam
Article 78 of the Law on Implementation of Grassroots-level Democracy 2022 stipulates the duties and powers of People’s Inspectorates at state enterprises as follows:
- Inspect implementation of decisions collectively issued by employees; supervise the implementation of laws on implementation of democracy at the grassroots level at the state enterprise.
- Give competent agencies or persons recommendations about sanctions or actions to be taken according to regulatory provisions when detecting signs of violation against laws, and supervise the implementation of such recommended actions.
- Request the duly authorized representative, leadership or management of the state enterprise to provide relevant information and documents to serve verification, inspection and supervision purposes.
- Consider verifying specific cases at the request of employees of the state enterprise.
- Appeal to the leadership or management of the state enterprise to deal with errors and defects discovered through the inspection and supervision process;
Ensure the lawful and legitimate rights and interests of employees; commend units and individuals delivering good performance.
If a person is found to have committed any act of violation against laws, he/she shall recommend a competent agency or organization to examine and handle such case.
- Accept complaints or petitions from employees relating to the scope of inspection and supervision of People's Inspectorates.
3. Operation of People’s Inspectorates at state enterprises in Vietnam
Pursuant to Article 79 of the Law on Implementation of Grassroots-level Democracy 2022, the operation of People’s Inspectorates at state enterprises is as follows:
- Operation of a People’s Inspectorate at a state enterprise shall follow the direction and instruction from the Executive Committee of the Trade Union.
- According to the resolution of the employee meeting held at the state enterprise and direction or guidance of the Executive Committee of Trade Union of that enterprise, the People’s Inspectorate shall design quarterly, six-monthly and annual working programs.
- The People’s Inspectorate shall be responsible for reporting on its performance to the Executive Committee of Trade Union and in the employee meeting of the enterprise.
Ngoc Nhi
- Key word:
- inspectorate in Vietnam