Cases of extension of duration of inspection in Vietnam

What is inspection?

Pursuant to the provisions of the Law on Inspection 2022, inspection means examination, assessment and handling of inspection-conducting authorities for implementation of policies and laws, performance of tasks and exercise of powers of agencies, organizations and individuals according to procedures as specified by the law Inspection includes administrative inspection and specialized inspection. Inspections include:

- Administrative inspection means inspection of implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers of agencies, organizations and individuals under management of the state agencies.

- Specialized inspection means inspection of the observance of specialized laws, professional-technical regulations and management rules of agencies, organizations and individuals under management according to sectors and domains.

The inspection shall be conducted in the form of planned inspection or ad-hoc inspection.

- The planned inspection shall be conducted under the annual inspection plans that have been approved.

- The ad-hoc inspection shall be conducted in case of detection of signs of law violations of agencies, organizations or individuals, or upon the request for the settlement of complaints and denunciations, anti-corruption or under assignment of the heads of competent state management agencies.

Cases of extension of duration of inspection in Vietnam (Internet image)

Regulations on duration of inspection in Vietnam

Pursuant to the provisions of Article 47 of the Law on Inspection 2022, the duration of an inspection is specified as follows:

- The duration of an inspection conducted by the Government Inspectorate must not exceed 60 days. With regard to complicated cases, this duration may be extended once but the extended duration must not exceed 30 days.

With regard to extremely complicated cases, the duration may be extended for the second time but the extended duration must not exceed 30 days:

- The duration of an inspection conducted by the ministerial inspectorate, sub-ministerial inspectorate or provincial inspectorate must not exceed 45 days. With regard to complicated cases, this duration may be extended once but the extended duration must not exceed 30 days.

- The duration of an inspection conducted by the inspectorate of provincial-level department or district inspectorate must not exceed 30 days.

With regard to complicated cases or inspection at mountainous areas, border areas, islands and rural areas with difficult access, this duration may be extended once but the extended duration must not exceed 15 days.

The duration of suspension of the inspection shall comply with regulations of Article 70 of the Law on Inspection 2022 and it shall not be included in the duration of inspection.

Cases of extension of duration of inspection in Vietnam

Pursuant to the provisions of Article 48 of the Law on Inspection 2022, the extension of duration of inspection will be implemented in complicated, particularly complicated cases, specifically as follows:

(1) Complicated cases subject to extension of duration of inspection:

- Request for external assessment or verification and clarification of cases involved in foreign elements within the contents and scope of inspection;

- Verification and clarification of corruption according to regulations of the law on anti-corruption;

- The inspected entities, relevant agencies, organizations and individuals fail to cooperate, obstruct, oppose or cause difficulties for inspection, thereby affecting the duration of inspection.

(2) Extremely complicated cases subject to extension of duration of inspection:

- Complicated inspection involved in many domains and local areas;

- Inspection with at least 02 elements specified in (1).

Note: The extension of the duration of inspection shall be considered and decided by the person who issues the decision on inspection. The chief of the inspectorate shall send a written request for extension of the duration of inspection to the person who issues the decision on inspection, enclosed with the draft decision on extension of the duration of inspection. The written request must clearly state reasons and the duration of extension.

Decision on extension of the duration of inspection shall be sent to the inspectorate, the inspected entities and relevant agencies, organizations and individuals.

Mai Thanh Loi

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