Cases of termination 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.

- 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.

Cases of termination of inspection in Vietnam (Internet image)

Issuance of decision on inspection in Vietnam

Pursuant to Article 59 of the Law on Inspection 2022, the heads of inspection authorities shall issue the decisions on inspection according to the regulations of Article 51 of the Law on Inspection 2022:

- Annual inspection plans; 

- Request of the head of the state management agency;

- Detection of signs of law violation;

- Request for settlement of complaints and denunciations, anti-corruption.

- Other grounds according to regulations of the law.

A decision on inspection contains the following contents:

- Basis for issuance of decision on inspection;

- Scope, contents, inspected entities, the period of inspection and inspection tasks;

- Duration of inspection;

- Establishment of inspectorate. An inspectorate includes the chief, the deputy chief (if any) and other members.

With regard to planned inspection, the inspection decision shall be sent to the inspected entity and declared at least 15 days before the date of direct inspection.

With regard to ad hoc inspection, the inspection decision shall be sent to the inspected entity and declared before the direct inspection, except for cases specified in Clause 3 Article 64 of the Law on Inspection 2022.

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:

(1) 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;

(2) The inspection contents have been concluded by the superior inspection authority;

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

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

(5) 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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