Authority to conduct re-inspection in Vietnam under Decree 43/2023/ND-CP

Authority to conduct re-inspection in Vietnam under Decree 43/2023/ND-CP (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Authority to conduct re-inspection in Vietnam under Decree 43/2023/ND-CP

The authority to conduct re-inspection in Vietnam according to Article 18 of Decree 43/2023/ND-CP is as follows:

- The Inspector General of the Government Inspectorate shall decide re-inspection of cases which the conclusions have been made by the ministerial inspectorate, the inspection agency of the governmental agency or the provincial inspectorate when there are signs of serious violations.

- The ministerial chief inspectors shall decide re-inspection of cases which the conclusions have been made by sub-ministerial inspectorates, other specialized authorities assigned to conduct inspection under ministries; and cases which the conclusions have been made by inspectorates of provincial-level departments under the scope of state management by ministries when there are signs of serious violations.

- The provincial chief inspectors shall decide re-inspection of cases which the conclusions have been made by inspectorates of provincial-level departments and the district inspectorates when there are signs of serious violations.

2. Grounds for re-inspection in Vietnam

According to Article 19 of Decree 43/2023/ND-CP, drounds for re-inspection according to regulations in Clause 1 Article 56 of the Law on Inspection 2022:

- There are serious violations against regulations on procedures during the inspection, thereby causing defects in contents of inspection conclusions, including: failure to develop and send the list of issues to be reported on by the inspected entity; failure to collect information and documents related to inspection contents; failure to check or verify information and documents; and failure to report inspection results obtained from the inspectorate.

- There are errors in the application of the law when inspection conclusions are made. To be specific: applying regulations of the law in an improper manner or applying legal documents that are invalid, thereby causing defects in contents of inspection conclusions.

- Contents of inspection conclusions are not consistent with evidences that have been collected during the inspection, thereby causing improper assessment, aggravation, mitigation or omission of violations committed by the inspected entities; or there are complaints that handling violations is not inconsistent with the nature and danger of the detected violations.

- Inspection-conducting persons intentionally falsify case files. To be specific: they add, remove, modify, swap, destroy or damage the information, documents and evidences of the inspection or conduct other tricks in order to falsify the contents of the case files.

- Superior inspection agencies or other competent agencies detect signs of serious violations committed by the inspected entities but have not yet fully detected violations via inspection according to contents stated in inspection decisions and detailed inspection plans that have previously made by inspectorates

3. Contents of re-inspection conclusion in Vietnam

Contents of re-inspection conclusion; according to Article 24 of Decree 43/2023/ND-CP is as follows:

- A re-inspection conclusion includes:

+ Conclusion of contents subject to re-inspection;

+ Assessment of the performance of tasks, exercise of powers and compliance with regulations of the Law on Inspection by an inspection agency or an inspection-conducting person

+ Clear identification of the nature, danger and consequence(s) of violation(s); causes and responsibility of an agency, organization or individual that commits violations (if any);

+ Handling measures according to its competence and proposal for solutions, handling measures and remedial measures (if any) for assurance about the interests of the State, the lawful rights and interests of the inspected entity, relevant agency, organization or individual;

+ Limitations and inadequacies of relevant management mechanisms, policies and laws and recommendations for remedy (if any).

- The re-inspection conclusion comes into force and replaces the previous inspection conclusion for re-inspected contents. Relevant agencies, organizations and individuals shall be responsible for implementation of the re-inspection conclusion.

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