Procedures for conducting an administrative inspection in Vietnam

Procedures for conducting an administrative inspection in Vietnam (Internet image)

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

1. Procedures for conducting an administrative inspection in Vietnam

Procedures for conducting an administrative inspection according to Article 49 of the Law on Inspection 2022 are as follows:

- Inspection preparation:

+ Collect information to prepare inspection;

+ Issue decision on inspection;

+ Develop and send a list of issues to be reported on (by the inspected entity);

+ Notify declaration of decision on inspection.

- Direct inspection:  

+ Declare decision on inspection;

+ Collect information and documents related to contents of inspection;

+ Examine and verify information and documents;

+ Complete direct inspection.

- Completion of inspection:

+ Report the result of inspection.

+ Develop draft inspection conclusion;

+ Appraise draft inspection conclusion;

+ Issue inspection conclusion;

+ Publish inspection conclusion;

2. Regulations on handling of violations of inspection-conducting persons in Vietnam

Regulations on handling of violations of inspection-conducting persons according to Article 54 of the Law on Inspection 2022 are as follows:

- If the person who issues the decision on inspection, the chief of the inspectorate, the inspector and other members of the inspectorate fail to complete inspection, intentionally fail to detect violations, detect violations without handling or recommendations on handling or commit other violations against regulations on inspection, according to the nature and danger of their violations, they shall incur disciplinary penalties or face criminal prosecution. In case of damage, they must pay compensation according to regulations of the law.

- After completion of inspection, if the competent agency detects violations committed by the chief or other members of the inspectorate at the agency, organization or unit that has undergone inspection covering the same contents, the chief or other members shall bear responsibility. According to the nature and danger of their violations, they shall incur disciplinary penalties or face criminal prosecution in accordance with the law.

- If the inspectorate has detected and reported cases with signs of law violations but the person who issues decision on inspection fails to handle, the chief and other members of the inspectorate shall not bear responsibility.

In this case, the person who issues decision on inspection shall bear responsibility according to regulations of the law.

If the members of inspectorate have detected and reported cases with signs of law violations but the chief of the inspectorate fails to handle, such members shall not bear responsibility. In this case, the chief of inspectorate shall bear responsibility according to regulations of the law.

3. Responsibilities of the heads of state management agencies, persons who issue decisions on inspection and the chiefs of inspectorates in Vietnam

Responsibilities of the heads of state management agencies, persons who issue decisions on inspection and the chiefs of inspectorates according to Article 52 of the Law on Inspection 2022 are as follows:

- The heads of the state management agencies shall:

+ Request inspection authorities at the same level to conduct inspection in case of detection of signs of law violations; or meet requirements for settlement of complaints and denunciations, anti-corruption;

+ Ensure inspection of inspectorates in accordance with the purposes, requirements and principles of inspection; fail to illegally interfere in inspection;

+ Promptly handle recommendations on inspection; direct and organize the implementation of inspection conclusion in accordance with the law.

- The person who issues decision on inspection shall be responsible for organization and provision of guidelines for inspectorate, assurance about the principles of inspection, assurance about compliance with the law, the intended purposes and requirements of inspection; promptly settle recommendations of inspectorates, complaints, denunciations, recommendations and reflections relevant to the operation of inspectorate.

- The chief of the inspectorate shall be responsible for organization and provision of guidance for members of inspectorate to properly implement the scope, contents and progress in inspection according to the decision on inspection and the detailed inspection plan; implement information and reporting regime upon the request of the person who issues decision on inspection; be responsible to the person who issues decision on inspection for the operation of the inspectorate.

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