Tasks and powers of the Inspector General of the Government Inspectorate in Vietnam

Is the Inspector General of the Government Inspectorate a member of the Government in Vietnam?

Pursuant to Clause 1, Article 12 of the Law on Inspection 2022, the Inspector General of the Government Inspectorate is a member of the Government. The Inspector General shall be responsible to the National Assembly, the Government and the Prime Minister for inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption.

Deputy Inspectors General shall assist the Inspector General in performing duties under assignment of the Inspector General.

Tasks and powers of the Inspector General of the Government Inspectorate in Vietnam (Internet image)

Tasks and powers of the Inspector General of the Government Inspectorate in Vietnam

Pursuant to Clause 2, Article 12 of the Law on Inspection 2022, the Inspector General shall have the following tasks and powers:

- Lead, direct and examine inspection within the scope of state management of the Government; direct the Government Inspectorate to perform its tasks and powers under the Law on Inspection 2022 and other regulations of relevant laws;

- Promulgate legal documents according to its competence;

- Submit to the Prime Minister for approval for inspection program orientations; make annual inspection plans of the Government Inspectorate, organize and direct the implementation;

- Decide inspection in case of detection of signs of law violation;

- Request ministers, the heads of Governmental agencies and the presidents of the People's Committees of provinces to decide inspection of cases with signs of law violation; in case the Ministers, the heads of Governmental agencies and the presidents of the People's Committees of provinces fail to decide inspection, the Inspector General shall issue decision on inspection or report to the Prime Minister for direction;

- Decide re-inspection of cases which the conclusions have been made by the ministerial inspectorates, the inspection authorities of Governmental agencies or the provincial inspectorates in case of detection of signs of law violation;

- Handle overlaps and duplications between inspection and state audit; among inspection of inspection authorities specified in Clause 1, points b and d Clauses 2 and 3 of Article 55 of the Law on Inspection 2022;

- Consider and settle inspection-related matters which opinions of the ministerial chief inspectors are different from direction of ministers or opinions of the provincial chief inspectors are different from direction of the presidents of the People's Committees of provinces.

In case the ministers and the presidents of the People's Committees of provinces disagree with the Inspector General, the Inspector General shall report to the Prime Minister for consideration and decision.

- Recommend the ministers and the presidents of the People's Committees of provinces to terminate the implementation or annul legal documents issued by those which are contrary to Constitution, laws, legal documents of superior state agencies or the Inspector General in case of detection via inspection. Request the Prime Minister to considerate and decide in case of refusal of recommendation;

- Recommend the Prime Minister to terminate the implementation of a part or the whole of Resolution of the People's Council of province which is contrary to the Constitution, laws and legal documents of superior state agencies in case of detection via inspection; report to the Prime Minister to request the Standing Committee of National Assembly to annul a part or the whole of Resolution of the People's Council of province which is contrary to the Constitution, laws and legal documents of superior state agencies in case of detection via inspection;

- Recommend competent state agencies to amend or promulgate regulations to meet management requirements; recommend the termination of implementation or annulment of unlawful regulations that have been detected via inspection, except for cases that have been recommended at points i and k of Clause 2, Article 12 of the Law on Inspection 2022.

- Request ministers, the heads of Governmental agencies and the presidents of the People's Committees of provinces to consider, rectify and correct mistakes in sectors, domains and local areas under their management that have been detected by the Government Inspectorate via inspection;

- Recommend the Prime Minister, competent agencies and organizations to consider liability and handle individuals under the management of the Prime Minister, competent agencies and organizations, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions; request the heads of other agencies or organizations to consider liability and handle individuals under their management, who commit violations that have been detected via inspection or fail to comply with conclusions, recommendations and inspection-related decisions.

Mai Thanh Loi

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