Forms of publishing inspection conclusions in Vietnam

What is inspection?

Pursuant to 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.

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.

Forms of publishing inspection conclusions in Vietnam (Internet image)

Contents of inspection conclusions under the law in Vietnam

Pursuant to Clause 2, Article 78 of the Law on Inspection 2022, the inspection conclusion shall ensure accuracy, objectivity and feasibility and include the following contents:

- Assessment of the implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers of the inspected entity for administrative inspection; assessment of the observance of specialized laws,  professional-technical regulations and management rules of the inspected entity for specialized inspection.

- Conclusion on contents of inspection;

- Identification of the nature, extent and consequences of violations; causes and responsibilities of agencies, organizations and individuals that commit violations (if any);

- Handling measures according to the competence and recommendations on solutions, handling and remedial measures (if any) for assurance about the interests of the State, the legal rights and interests of the inspected entity and relevant agencies, organizations and individuals;

- Limitations and inadequacies of relevant management mechanisms, policies, laws and recommendations for remedy.

Forms of publishing inspection conclusions in Vietnam

The entirety of the inspection conclusion shall be published, except for contents that fall within state secrets, bank secrecy or trade secrets as prescribed by the law.

Pursuant to Article 49 of Decree 43/2023/ND-CP regulating the form of publicizing inspection conclusions as follows:

- Inspection conclusions shall be published on the web portal of the inspection agency, the specialized authority assigned to conduct inspection or the state management agency at the same level within at least 15 consecutive days.

- Other than the form of publishing inspection conclusions specified in Clause 1 of this Article, the person making the inspection conclusion may select at least one of the following methods:

+ Organizing press conference or meeting to publish inspection conclusions. The participants include the person issuing inspection decision, authorized person, representative of inspectorate, the inspected entity, relevant agencies, organizations and individuals;

+ Publishing inspection conclusions on mass media (including printed newspapers, talking newspapers, photo newspapers and online newspapers) An inspection conclusion shall be published on the printed newspaper, talking newspaper or photo newspaper at least 02 consecutive times; the inspection conclusion shall be published on online newspaper for at least 15 consecutive days;

+ The entirety of the inspection conclusion must be published, except for contents that fall within state secrets or other secrets as prescribed by the law.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE