Criteria for appointment to inspectors in Vietnam

Criteria for appointment to inspectors in Vietnam (Internet image)

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

1. Criteria for appointment to inspectors in Vietnam

Criteria for appointment to inspectors according to Article 39 of the Law on Inspection 2022 are as follows:

- Be officials, officers of the People's Army or the People's Public Security, cipher workers, except for cases under other regulations of the Government with regard to inspectors of inspection authorities that have been established according to regulations of the law or international treaties to which the Socialist Republic of Vietnam is a signatory or as prescribed in Clause 3, Article 9 of the Law on Inspection 2022.

- Be loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam; have good ethical qualities, good sense of responsibility; be incorruptible, honest, just and objective;

- Have university degrees (or higher) and state management and legal knowledge. In particular, the specialized inspectors must also have relevant professional knowledge;

- Have certificates of professional training for inspectors and other certificates as prescribed by the law on officials and public employees.

- Have been at least 2 years’ experience of inspection works (excluding probation period). The officials, public employees, officers of the People's Army and the People's Public Security, cipher workers at agencies, organizations or units who have been transferred to inspection agencies need to have at least 5 years’ experience of inspection works.

2. Regulations on inspection-conducting authorities in Vietnam

Regulations on inspection-conducting authorities in Vietnam according to Article 9 of the Law on Inspection 2022 are as follows:

* Inspection authorities according to administrative divisions include:

- Government Inspectorate;

- Inspectorates of central-affiliated cities and provinces (hereinafter referred as ”provincial inspectorates”);

- Inspectorates of districts, district-level towns and cities (hereinafter referred as ”district inspectorates”);

- Inspection authorities at special administrative-economic units according to regulations of the National Assembly.

* Inspection authorities according to the sectors and domains include:

- Inspectorates of ministries and ministerial-level agencies (hereinafter referred to as “ministerial inspectorates”);

- Inspectorates of the Departments of the Ministries and equivalents agencies (hereinafter referred to as “sub-ministerial inspectorates”);

- Inspectorates of provincial-level departments.

* Inspection authorities of Governmental agencies

* Inspection authorities in the People's Army, the People's Public Security, the State Bank of Vietnam and cipher agencies of the Government.

* Specialized authorities assigned to conduct inspection.

3. Regulations on inspectors and persons assigned to carry out specialized inspection in Vietnam

Regulations on inspectors and persons assigned to carry out specialized inspection in Vietnam according to Article 38 of the Law on Inspection 2022 are as follows:

- The inspector means a person awarded the rank of inspector to perform tasks and exercise powers in inspection in accordance with regulations of the law.

- The inspector ranks include inspector, principal inspector and senior inspector.

- The persons assigned to conduct specialized inspection shall be officials of the specialized authorities assigned to conduct inspection, except for pubic employees of Governmental agencies according to regulations of the Government.

The persons assigned to conduct specialized inspection shall have professional qualifications and skills suitable to their specialized work, legal knowledge and inspection skills, and have been engaged in professional works in sectors which the persons have been assigned to conduct specialized inspection for at least one year (excluding probation period)

- The inspectors and persons assigned to conduct specialized inspection shall comply with the law and take responsibility to the heads of agencies that directly manage them and to the law for performance of their assigned tasks and powers.

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