Is it forbidden to have meals with the inspected subjects in the Ministry of Home Affairs of Vietnam in any form? What is the working regime of the inspection team of the Ministry of Home Affairs of Vietnam? - Ngoc Quang (Hai Duong)
It is strictly forbidden to have meals with the inspected subjects in the Ministry of Home Affairs of Vietnam in any form (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Article 3 of Decision 293/QD-BNV in 2023, the prohibited acts in official inspection activities are as follows:
- Proposing, advising, and deciding to appoint people who do not meet the conditions and criteria to join the inspection team.
- Disclosure of information and documents related to the contents and working results of the inspection team, the report on inspection results of members and the inspection team, and the draft inspection conclusion; directives of the head of the unit presiding over the inspection team about the inspection to non-responsible organizations and individuals.
- Inspection beyond competence, outside the scope, subjects, and contents according to the inspection decision; omitted inspection contents in the approved inspection plan.
- Reporting, advising, and proposing untruthful, incomplete, or incorrect conclusions on inspection results; covering up for inspected subjects, organizations, or individuals who commit illegal acts or omitting illegal acts; not proposing handling of violations to the extent that they must be handled; not proposing to transfer cases showing signs of criminal law violation to investigation agencies; using the draft Inspection Conclusion and related documents to threaten the inspected subjects.
- Obstructing or causing difficulties to the supervision, direction, and administration of the inspection team's activities; knowing without reporting, reflecting, and handling corrupt and negative acts of the inspection team head, deputy head of the inspection team, and members of the inspection team.
- Arbitrarily contacting inspected subjects and agencies, organizations, and individuals related to inspection contents without being assigned tasks.
- Losing, damaging, destroying, or falsifying dossiers, documents, and evidence collected during the inspection process; illegally using or embezzling records, documents, and artifacts related to the inspection.
- Receiving money, gifts, or property; organizing and participating in exchanges and meals with inspected subjects in any form.
- Using alcohol before and during working hours, lunch breaks on working days; having a bossy, authoritarian attitude, causing trouble, harassing, or speaking without standards when working with inspected subjects.
- Using means and property of inspected subjects for private purposes.
- Violating regulations on what party members, cadres, civil servants, and public employees must not do; violations of regulations on control of power to prevent and combat corruption; negativity in inspection work; violating the principles of organization and operation of the inspection team; violating the code of conduct and professional ethics of officials, civil servants, and public employees of the Inspectorate.
- Other acts according to the Party's regulations and the State's laws.
The working regime of the inspection team of the Ministry of Home Affairs of Vietnam is prescribed in Article 7 of Decision 293/QD-BNV in 2023 as follows:
- Location and working time of the inspection team
+ The inspection team works at the head office of the agency, organization, or unit being inspected, the head office of the inspection agency, or at the place where the inspection and verification are carried out according to the inspection plan.
+ The inspection team works with the inspected subjects, relevant agencies, organizations, units, and individuals during office hours. In the event of having to work outside office hours, the head of the inspection team shall decide on a specific time, notify relevant parties, and take responsibility for his/her decision.
- At the request of the head of the unit presiding over the inspection team, the head of the inspection team and members of the inspection team must make reports as directed.
- In case the inspection team works in groups, according to the regulations on the inspection team's diary, the team leader or group leader shall record the diary and submit it to the inspection team leader when the task is finished.
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