Regulations on report on the result of inspection in Vietnam under the Law on Inspection 2022

Regulations on report on the result of inspection in Vietnam under the Law on Inspection 2022 (Internet image)

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

1. Regulations on report on the result of inspection in Vietnam under the Law on Inspection 2022

Regulations on report on the result of inspection according to Article 73 of the Law on Inspection 2022 are as follows:

- After completion of direct inspection, the chief of inspectorate shall make report on the result of inspection and send to the person who issues the decision on inspection.  A report on the result of inspection shall contain the following contents:

+ Specific conclusions on each content that has been inspected;

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

+ Different opinions (if any) between the chief and other members of the inspectorate on the contents of the report on the result of inspection;

+ Adopted measures for handling and recommendations on solutions, handling and remedial measures (if any).

- In case of detection of corruption via inspection, the report on the result of inspection shall clearly state the responsibilities of the heads of agencies or organizations in which corruption occurs. To be specific:

+ Incapability of management;  

+ Irresponsibility in management;

+ Cover-up of corrupted persons.

- A report on the result of inspection shall clearly state legal regulations to serve as the basis for identification of the nature and extent of violations and recommendations on solutions, handling and remedial measures.

- The duration of development of the report on the result of inspection shall be calculated from the date on which the inspectorate completes the direct inspection and stipulated as follows:

+ With regard to inspection conducted by the Government Inspectorate, the duration for development of the report on the result of inspection must not exceed 30 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 45 days;

+ With regard to inspection conducted by the ministerial inspectorate, the sub-ministerial inspectorate, or the provincial inspectorate, the duration for development of the report on the result of inspection must not exceed 20 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 30 days;

+ With regard to inspection conducted by the inspectorate of provincial-level department, or the district inspectorate, the duration for development of the report on the result of inspection must not exceed 15 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 20 days;

2. Regulations on development of draft inspection conclusions in Vietnam

Regulations on development of draft inspection conclusions in Vietnam according to Article 75 of the Law on Inspection 2022 are as follows:

- Within 05 working days from the date of receipt of the report on the result of inspection, the person who issues the decision on inspection shall assign the chief of inspectorate to develop the draft inspection conclusion. The draft inspection conclusion include contents specified in Clause 2 Article 78 of the Law on Inspection 2022.

- During the process of development of the draft inspection conclusion, the person who issues the decision on inspection shall be entitled to request the chief and other members of the inspectorate to report, request the inspected entity or the relevant agency, organization or individual to explain and clarify the issues that are expected to be concluded about the contents of inspection.

- The explanation shall be recorded in writing. The information, documents and evidences shall be enclosed with such explanation to prove the contents of explanation. The chief of the inspectorate shall research and request the person who issues the decision on inspection to handle the contents of explanation of the inspected entity.

- The draft inspection conclusion shall be sent to other members of the inspectorate to make comments before submission to the person who issues the decision on inspection.

Other members of the inspectorate shall be entitled to have their opinions on contents of draft inspection conclusion recorded.  The chief of the inspectorate shall be entitled to have their opinions on contents of draft inspection conclusion recorded The recorded opinions shall be made in writing and enclosed with draft inspection conclusion

- The duration of development of draft inspection conclusion shall be calculated from the date on which the person who issues the decision on inspection assigns the development of draft inspection conclusion and prescribed as follows:

+ With regard to inspection conducted by the Government Inspectorate, the duration of development of the draft inspection conclusion must not exceed 30 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 45 days;

+ With regard to inspection conducted by the ministerial inspectorate, the sub-ministerial inspectorate, or the provincial inspectorate, the duration of development of the draft inspection conclusion must not exceed 20 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 30 days;

+ With regard to inspection conducted by the inspectorate of provincial-level department, or the district inspectorate, the duration of development of the draft inspection conclusion must not exceed 15 days. With regard to complicated cases, the duration can be prolonged but it must not exceed 20 days;

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