Standards of participants in inspection and internal inspection teams for training establishments in Vietnam

Standards of participants in inspection and internal inspection teams for training establishments in Vietnam (Internet image)

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

On September 29, 2023, the Ministry of Education and Training issued Official Dispatch 5360/BGDDT-TTr on guidance on implementing internal inspection and examination tasks for training establishments.

Standards of participants in inspection and internal inspection teams for training establishments in Vietnam

Specifically, the conditions and standards of participants in inspection and internal inspection teams for training facilities are as follows:

- Conditions and standards of inspection team participants comply with Clause 1, Article 28, and Article 29 of Decree 43/2023/ND-CP.

- Conditions and standards of inspection team participants who are officials and civil servants of units under the School Department; the Department of Training, officials, and people in charge of inspection and examination of training establishments must ensure the following conditions and standards:

+ Have good political and moral qualities; have a sense of responsibility, integrity, honesty, fairness, and objectivity;

+ Have expertise appropriate to the requirements and content of the inspection;

+ Not be disciplined or prosecuted for criminal liability.

- People who are not allowed to join the inspection team

+ People whose relatives (father, mother, wife, husband, children, brothers, sisters, and spouses) are the head or deputy of the head, people in charge of human resources organization, accounting, treasurer, and warehouse keeper in agencies, organizations, and units are subject to inspection.

+ Those who have committed violations of inspection and examination and have been handled according to the law but whose disciplinary or criminal record clearance period has not yet expired are not allowed to join the inspection team.

Regulations on dossiers, inspection procedures, and internal audits for training establishments in Vietnam

According to Official Dispatch 5360/BGDDT-TTr dated September 29, 2023, the Ministry of Education and Training has issued guidance on regulations on documents, inspection procedures, and internal audits for training establishments as follows:

(1) Internal inspection and examination records

- Internal inspection records are carried out according to regulations issued by the Head of Investigation Police on the basis of the Law on Inspection 2022 and Decree 43/2023/ND-CP.

- Inspection records comply with the unit's inspection regulations (if any), including:

+ Inspection decision;

+ Plan to conduct inspection;

+ Report of the inspection subject; explanation report (if any);

+ Inspection minutes;

+ Documents proving receipt from inspection subjects and related subjects;

+ Report test results;

+ Notification of inspection results (if any);

+ Inspection team diary (if any).

(2) Order and procedures for conducting an internal inspection and examination

- For internal inspection activities

+ The head of the training facility, based on the functions, tasks, and management needs of the unit, organizes internal inspections to ensure compliance with policies, laws, and the implementation of assigned tasks and powers. according to the provisions of Articles 66, 67, 68 of Decree 43/2023/ND-CP detailing a number of articles and measures to implement the Law on Inspection 2022.

+ Order and procedures for conducting an internal inspection according to the unit's regulations and Decree 43/2023/ND-CP.

- Procedures for conducting an internal inspection:

Procedures for conducting an internal inspection and internal inspection forms and records comply with the unit's internal inspection regulations.

Refer to the steps to perform the test and the form issued with this Guide:

- Issue an inspection decision (Form No. 01);

- Develop an inspection plan (Form No. 02);

- Conduct inspection according to the approved plan. At the end of the direct inspection, the inspection team leader prepares an inspection record (Form No. 03);

- Develop inspection results report (Form No. 04);

- Prepare notice of inspection results (if any) (Form No. 05).

More details can be found in Official Dispatch 5360/BGDDT-TTr, dated September 29, 2023.

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