Vietnam: What are the contents of inspection conclusions to be published?

Vietnam: What are the contents of inspection conclusions to be published? (Internet image)

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

1. What are the contents of inspection conclusions to be published?

According to Article 48 of Decree 43/2023/ND-CP, the contents of inspection conclusions to be published are as follows:

The entirety of the inspection conclusion shall be published, except for contents that fall within state secrets, bank secrecy or trade secrets as prescribed by the law.

2. What are the forms of publishing inspection conclusions in Vietnam?

Forms of publishing inspection conclusions are prescribed as follows:

- Inspection conclusions shall be published on the web portal of the inspection agency, the specialized authority assigned to conduct inspection or the state management agency at the same level within at least 15 consecutive days.

- Other than the form of publishing inspection conclusions specified in Clause 1 of this Article, the person making the inspection conclusion may select at least one of the following methods:

(1) Organizing press conference or meeting to publish inspection conclusions. The participants include the person issuing inspection decision, authorized person, representative of inspectorate, the inspected entity, relevant agencies, organizations and individuals;

(2) Publishing inspection conclusions on mass media (including printed newspapers, talking newspapers, photo newspapers and online newspapers) An inspection conclusion shall be published on the printed newspaper, talking newspaper or photo newspaper at least 02 consecutive times; the inspection conclusion shall be published on online newspaper for at least 15 consecutive days;

(3) Inspection conclusions shall be publicly displayed by the inspected entities at their premises. The duration for public displaying is 15 consecutive days

(Article 49 of Decree 43/2023/ND-CP)

3. What are the regulations on issuance of inspection conclusions in Vietnam?

- Within 15 working days from the date of receipt of the draft inspection conclusion, the person who issues the decision on inspection shall sign and issue the draft inspection conclusion; and take responsibility for his/her conclusion and recommendations. The head of state management agency at the same level shall urge and examine to ensure the issuance of inspection conclusion before the deadline according to regulations.

With regard to the draft inspection conclusions on cases involved in national defense and security, important and complicated cases under the direction and monitoring of the Central Steering Committee for anti-corruption, the provincial-level Steering Committees for anti-corruption or upon the request of the head of the state management agency at the same level, the person who issues the decision on inspection shall make written report and send it to the head of the state management agency at the same level.

Within 30 days from the date of receipt of the written report, the head of the state management agency at the same level shall give his/her written opinion on the reported contents; if the head of the state management agency fails to respond or have opinions that are different from the draft inspection conclusion, the person who issues the decision on inspection shall immediately issue inspection conclusion.

If the head of the state management agency at the same level which gives written opinions requests amendment or clarification of the contents of draft inspection conclusion, within 30 days from the date of receipt of such written opinions, the person who issues the decision on inspection shall complete and issue inspection conclusion.

- The inspection conclusion shall ensure accuracy, objectivity and feasibility and include the following contents:

+ Assessment of the implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers of the inspected entity for administrative inspection; assessment of the observance of specialized laws,  professional-technical regulations and management rules of the inspected entity for specialized inspection.

+ Conclusion on contents of inspection;

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

+ Handling measures according to the competence and recommendations on solutions, handling and remedial measures (if any) for assurance about the interests of the State, the legal rights and interests of the inspected entity and relevant agencies, organizations and individuals;

+ Limitations and inadequacies of relevant management mechanisms, policies, laws and recommendations for remedy.

- In the process of inspection, the person who issues the decision on inspection may issue inspection conclusion for the examined and verified contents that have enough grounds for conclusion; and continue to inspect other contents in the decision on inspection. An inspection can have many inspection conclusions in order to promptly serve requirements for state management.

- Before publishing inspection conclusion, the person who issues the decision on inspection may amend the issued inspection conclusion to ensure accuracy, objectivity and feasibility.

- After publishing inspection conclusion, the inspection conclusion shall be sent to the head of the state management agency at the same level, the superior inspection authority, the inspected entity and other relevant agencies, organizations and individuals.

(Article 78 of the Law on Inspection 2022)

Nguyen Ngoc Que Anh

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