Regimes and policies for inspectors in Vietnam

Regimes and policies for inspectors in Vietnam (Internet image)

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

1. Who is an inspector?

According to Clause 1, Article 38 of the Law on Inspection 2022, 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.

In which, the inspector ranks include inspector, principal inspector and senior inspector.

(Clause 2, Article 38 of the Law on Inspection 2022)

2. Regimes and policies for inspectors in Vietnam

Specifically, in Article 16 of Decree 43/2023/ND-CP, the regimes and policies for inspectors in Vietnam are as follows:

(1) Occupational responsibility allowance for inspectors:

- Government Inspector Generals, Government Deputy Inspector Generals, and Senior Inspectors are entitled to responsibility allowances according to their profession equal to 15% of the current basic salary plus allowances for leadership positions and allowances for excess seniority (if any);

- Principal inspectors are entitled to a responsibility allowance according to the inspector's profession equal to 20% of the current basic salary plus the allowance for the leadership position and the allowance for overtime experience (if any);

- Inspectors are entitled to a responsibility allowance according to the inspector's profession equal to 25% of the current basic salary plus the allowance for leadership positions and allowances for overtime beyond the bracket (if any).

(2) In addition to the provisions of (1), Inspectors who are public servants shall enjoy the same benefits as other cadres and civil servants according to the provisions of the Law on Cadres and Civil Servants; be entitled to salary, seniority allowance, and other specific regimes and policies as prescribed by law.

(3) Inspectors who are officers in the People's Army, People's Public Security, or people doing cipher work are entitled to the regimes prescribed for the armed forces and the responsibility allowances according to the inspection profession as set forth in (1).

3. Cases of Dismissal of Inspectors

An inspector is dismissed in the following cases:

- Retiring, resigning and changing career;

- Dismissing the inspector who cannot complete the assigned tasks due to health, family circumstances or other reasons;

- Being convicted by the Court. The judgment or decision came into force;

- Committing violations specified in Article 8 of the Law on Inspection 2022;

- Falling to complete tasks while holding the current rank after 01 year;

- The inspector commits fraud in exam for promotion or makes declarations in a dishonest manner in the application for appointment;

- Other cases as prescribed by the law on officials and public employees.

(Clause 1, Article 42 of the Law on Inspection 2022)

4. Prohibited acts regarding inspection activities in Vietnam

Prohibited acts regarding inspection activities in Vietnam include:

- Abusing one's position or inspection powers to commit illegal acts and harassment, or cause difficulties or troubles to inspected entities and other agencies, organizations and individuals; abusing powers in the process of inspection.

- Conducting inspection beyond competence, contents of decision on inspection and detailed inspection plans that have been approved.

- Intentionally refraining from issuance of decisions on inspection in case of detection of signs of violations that must be inspected according to regulations of the law; intentionally making untruthful conclusions; covering up inspected entities; making conclusions, decisions or taking actions against the law; failing to propose prosecution and transfer the files of cases with signs of criminal offences detected during inspection to the investigation agencies, which will decide whether to initiate prosecution in accordance with regulations of the law.

- Giving, receiving or brokering bribes.

- Disclosing information or documents related to inspection before publishing official conclusions.

- Illegally intervening in inspection; falsifying inspection results, conclusions and recommendations.

- Failing to provide information or documents, or promptly provide accurate or truthful information or documents; appropriating or destroying documents or material evidences related to inspection contents.

- Opposing, obstructing, bribing, intimidating, taking revenge on or victimize inspection-conducting persons, supervisors, appraisers or persons who provide information or documents to the inspection-conducting authority; causing difficulties to inspection.

- Committing other acts prohibited by law.

(Article 8 of the Law on Inspection 2022)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE