Tasks and powers of ministerial inspectorates in Vietnam under the Law on Inspection 2022

Tasks and powers of ministerial inspectorates in Vietnam under the Law on Inspection 2022 (Internet image) 

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

1. Tasks and powers of ministerial inspectorates in Vietnam under the Law on Inspection 2022

Duties and powers of the Ministry Inspectorate according to Article 15 of the Law on Inspection 2022 are as follows:

- The ministerial inspectorates shall assist the ministers in performing state management of inspection and have the following tasks and powers:

+ Advise, develop and submit to the ministers for promulgation of regulations, guide and urge the implementation of regulations on organization and inspection under state management competence of ministries;

+ Develop draft plans for inspection of the ministries, guide the development of draft plans for inspection of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries to synthesize into annual inspection plans of the ministries for submission to the ministers for promulgation;

+ Organize implementation of annual inspection plans of ministerial inspectorates; monitor, urge and examine implementation of annual inspection plans of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries

+ Conduct administrative inspection for agencies, organizations and individuals under the management of the ministers; conduct specialized inspection in the sectors under state management of the ministries, except for sectors that the sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries have been assigned to implement;

+ Inspect contents relevant to many sectors under state management of the ministries;

+ Inspect other cases assigned by the ministers;

+ Re-inspect cases which the conclusions have been made by sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries; cases under state management of the ministries, which the conclusions have been made by inspectorates of provincial-level departments in case of detection of signs of law violations via consideration and handling of complaints, denunciations, recommendations and reflections;

+ Monitor, urge and examine the implementation of conclusions, recommendations of ministerial inspectorates and inspection-related decisions of the ministers;

+ Examine the accuracy and lawfulness of conclusions on inspection of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries and decisions on handling after inspection of the presidents of the People's Committees of provinces with regard to cases under the management of the ministries, if necessary;

+ Provide professional guidance on inspection for sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the ministries, and inspectorates of provincial-level departments;

+ Summarize and report the results of inspection.

- Assist the ministers in performing state management of reception of citizens, settlement of complaints and denunciations; perform tasks and exercise powers to receive citizens and settle complaints and denunciations in accordance with regulations of the law.

- Assist the ministers in performing state management of anti-corruption; perform tasks and exercise powers to organize anti-corruption in accordance with regulations of the law.

2. Position and functions of ministerial inspectorates in Vietnam

Position and functions of ministerial inspectorates in Vietnam according to Article 14 of the Law on Inspection 2022 are as follows:

- The ministerial inspectorate is an agency of the Ministry, which assists the Minister in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; conducts administrative inspection for agencies, organizations and individuals under the management of the Ministry; performs specialized inspection in sectors under state management of the Ministry according to regulations of the Minister and ensures no duplications with the functions and tasks of sub-ministerial inspectorates and other specialized authorities assigned to conduct inspection under the Ministry; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

- The ministerial inspectorates shall be subject to the direction and management of the ministers and the direction of inspection, professional guidance of the Government Inspectorate.

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