Vietnam: What is the components of inspectorate?

What is the components of inspectorate?

Pursuant to the provisions of Article 25 of Decree 43/2023/ND-CP (effective from August 15, 2023), the components of inspectorate includes:

- An inspectorate includes a chief, a deputy chief (if necessary) and other members.

- The deputy chief shall assist the chief in performing the assigned tasks and take charge of some activities assigned by the chief. Other members shall perform tasks as assigned by the chief.

Thus, the head of the agency or unit assigned to take charge of inspection shall be responsible for appointing people with professional qualifications in conformity with requirements of the inspection as the chief/the deputy chief and proposing the number of people participating in the inspectorate so that the person issuing the inspection decision considers making decision.

The head of the agency or unit assigned to take charge of inspection shall discuss and reach an agreement with the person expected to be the chief of the inspectorate about persons expected to be members of the inspectorate. The appointment of the chief and members of the inspectorate shall be notified to the unit directly managing and employing persons who have been appointed, the unit in charge of organization and personnel and persons expected to be members of the inspectorate

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 in Vietnam are specified in Article 29 of Decree 43/2023/ND-CP as follows:

(1) 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.

(2) 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;

(3) 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 (1) and (2) shall make report to the head of the agency or unit assigned to take charge of inspection before the inspection decision is issued.

(4) During the process of inspection, if it is detected that any person falls into one of the cases specified in (1) and (2), 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 (1) and (2).

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE