Grounds for issuance of decision on inspection in Vietnam

Grounds for issuance of decision on inspection in Vietnam (Internet image)

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

1. Grounds for issuance of decision on inspection in Vietnam 

The issuance of decision on inspection shall follow one of the following grounds: 

- 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.

(Article 51 of the Law on Inspection 2022)

2. Inspection forms in Vietnam

Specifically, Article 46 of the Law on Inspection 2022 stipulates the inspection forms as follows:

- 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.

3. Duration of inspection in Vietnam

Pursuant to 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.

4. Cases of extension of duration of inspection in Vietnam

According to Article 48 of the Law on Inspection 2022, regulations on extension of duration of inspection are as follows:

- 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.

- 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 Clause 1 of Article 48 of the Law on Inspection 2022.

- 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.

5. Grounds for re-inspection in Vietnam

The re-inspection shall be carried out when there is one of the following grounds:

- There are serious violations against regulations on the procedures in the process of inspection;

- There are mistakes in the application of the law in case of conclusion of the inspection;

- The contents of inspection conclusions are not consistent with the evidence that have been collected in the process of inspection;

- The inspection-conducting persons intentionally falsify the case files or make illegal conclusions;

- There are signs of serious violations of the inspected entities but the signs of serious violations have not been fully detected throughout the inspection.

The limitation period of re-inspection is 2 years from the date of signing and issuance of the inspection conclusion.

The re-inspection conclusion shall contain the contents specified in Clause 2, Article 78 of the Law on Inspection 2022 and clearly identify the liability of the inspection authority and the inspection-conducting persons of the previous inspection.

(Article 56 of the Law on Inspection 2022)

Ho Quoc Tuan

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