Standards, regimes and policies applicable to persons summoned to participate in inspectorate in Vietnam

Standards, regimes and policies applicable to persons summoned to participate in inspectorate in Vietnam (Internet image) 

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

1. Standards, regimes and policies applicable to persons summoned to participate in inspectorate in Vietnam

Standards, regimes and policies applicable to persons summoned to participate in inspectorate according to Article 33 of Decree 43/2023/ND-CP are as follows:

- Persons summoned to participate in an inspectorate are inspectors of inferior inspection agencies or officials or public employees of state agencies or public service providers and such persons do not fall into one of the cases specified in Clause 1 of Article 29 of Decree 43/2023/ND-CP.

- A person summoned to participate in the inspectorate shall have good moral qualities and sense of responsibility; be upright, honesty, fair and objective; and have qualifications in conformity with requirements and tasks in inspection of the summoning agency.

- During the duration of participation in the inspectorate, the summoned persons shall be entitled to regimes and policies applicable to officials and public employees in accordance with the law; receive travel expenses and obtain assurance about working conditions and facilities and other benefits of members of the inspectorate.

- The summoning persons to participate in the inspectorate shall be done in writing. The summoning document shall clearly state grounds, summoning period, tasks, and regimes and policies applicable to summoned persons.

- At the end of the summoning period, the summoning agency shall make a written comment on the performance of tasks by the summoned persons and send it to the head of the agency directly managing such persons.

2. Cases where people must not be chiefs, deputy chiefs or other members of inspectorates in Vietnam

Cases where people must not be chiefs, deputy chiefs or other members of inspectorates according to Article 29 of Decree 43/2023/ND-CP are as follows:

- A person must not be a member of an inspectorate in any of the following cases:

+ Any person contributing capital to an enterprise and hold shares in such enterprise that is the inspected entity, unless otherwise provided for by law;

+ Any person whose spouse, father, mother, biological child, or biological sibling is the head, the deputy head, the person in charge of personnel, an accountant, a treasurer or a storekeeper in an agency, organization or unit that is the inspected entity;

+ Any person who is being considered for disciplinary action or criminal prosecution;

+ Any person who is facing disciplinary measure or criminal prosecution and the duration for repeal of disciplinary measures or conviction expungement has not yet expired.

- A person must not be a chief/deputy chief of an inspectorate in any of the following cases:

+ Any person under one of cases specified in Points a, c and d Clause 1 of Article 29 of Decree 43/2023/ND-CP;

+ Any person whose spouse, father, mother, mother-in-law, father-in-law, biological child, biological sibling or sibling-in-law is working in an agency, organization or unit that is the inspected entity;

- The head of the agency or unit assigned to take charge of inspection shall be responsible for check and review to detect cases where people must not be chiefs, deputy chiefs or other members of inspectorates before submitting them to the person issuing the inspection decision.

The person expected to be the chief or a member of the inspectorate in one of the cases specified in Clauses 1 and 2 of Article 29 of Decree 43/2023/ND-CP shall make report to the head of the agency or unit assigned to take charge of inspection before the inspection decision is issued.

- During the process of inspection, if it is detected that any person falls into one of the cases specified in Clauses 1 and 2 of Article 29 of Decree 43/2023/ND-CP, the person issuing the inspection decision shall consider deciding change of the chief or members of the inspectorate.

During the process of inspection, the chief, the deputy chief or other members of the inspectorate shall make report to the person issuing the inspection decision for consideration and decision if he/she/they find himself/herself/themselves falling into one of the cases specified in Clauses 1 and 2 of Article 29 of Decree 43/2023/ND-CP.

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