Cases of suspension 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. In there:

- 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.

Inspection aims to detect limitations and shortcomings in management mechanisms, policies and laws, then recommend solutions and remedies to competent state agencies; prevent, detect and handle law violations; assist agencies, organizations and individuals in properly observing law; promote positive factors; contribute to raising the efficiency and effectiveness of state management; and protect the interests of the State and the rights and legal interests of agencies, organizations and individuals.

Cases of suspension of inspection in Vietnam (Internet image)

Cases of suspension of inspection in Vietnam

Pursuant to Article 70 of the Law on Inspection 2022, the person who issues the decision on inspection shall suspend inspection in the following cases:

- There are force majeure events that impact on the progress in inspection;

- The inspected entity requests suspension of the inspection with legitimate reasons and the person who issues the decision on inspection agrees with such suspension. In this case, the duration of suspension of the inspection shall not exceed 30 days.

In case of suspension of the inspection, the person who issues the decision on inspection shall consider cancelation of the adopted measure or adopt measures according to its competence and ensure no obstruction of the operation of the inspected entity.

The person who issues the decision on inspection shall continue to conduct inspection when the reason for the suspension of the inspection no longer exists or the duration of suspension specified at Point b, Clause 1 of Article 70 of the Law on Inspection 2022 expires.

The decision on suspension of the inspection or the decision on inspection shall be sent to the inspected entity.

Cases of termination of inspection in Vietnam

Pursuant to Article 71 of the Law on Inspection 2022, the person who issues the decision on inspection shall terminate inspection in the following cases:

- The inspected entity is an individual who is dead; an agency or organization that has been dissolved or gone bankrupt without any other agency, organization or individual which inherits its rights and obligations;

- The inspection contents have been concluded by the superior inspection authority;

- The investigation agency has issued the decision on prosecution of a criminal case on the same contents of inspection;

- The head of the state management agency at the same level has made a written request for termination of the inspection;

- It is one of the cases of overlaps and duplications that have been handled according to regulations of Article 55 of the Law on Inspection 2022.

In case of termination of the inspection, inspection-conducting persons shall cancel the adopted measures according to their competence throughout the inspection.

The decision on termination of the inspection shall be sent to the inspected entity.

Mai Thanh Loi

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