What are the inspection-conducting authorities in Vietnam?

What are the inspection-conducting authorities in Vietnam? (Internet image)

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

1. What are the inspection-conducting authorities in Vietnam?

Specifically, Article 9 of the Law on Inspection 2022 stipulates that inspection-conducting authorities in Vietnam include:

(1) Inspection authorities according to administrative divisions include:

- Government Inspectorate;

- Inspectorates of central-affiliated cities and provinces (hereinafter referred as ”provincial inspectorates”);

- Inspectorates of districts, district-level towns and cities (hereinafter referred as ”district inspectorates”);

- Inspection authorities at special administrative-economic units according to regulations of the National Assembly.

(2) Inspection authorities according to the sectors and domains include:

- Inspectorates of ministries and ministerial-level agencies (hereinafter referred to as “ministerial inspectorates”);

- Inspectorates of the Departments of the Ministries and equivalents agencies (hereinafter referred to as “sub-ministerial inspectorates”);

- Inspectorates of provincial-level departments.

(3) Inspection authorities of Governmental agencies

(4) Inspection authorities in the People's Army, the People's Public Security, the State Bank of Vietnam and cipher agencies of the Government.

(5) Specialized authorities assigned to conduct inspection.

2. Regulations on development and provision of annual inspection plans in Vietnam

Pursuant to Article 45 of the Law on Inspection 2022, regulations on development and provision of annual inspection plans are as follows:

- The development and provision of annual inspection plans shall follow inspection program orientations, guidelines of superior inspection agencies, requirements for socio-economic development and management within the scope of management of sectors, domains and local authorities.

- The annual inspection plans include the annual inspection plan of the Government Inspectorate, the annual inspection plan of the ministries and the annual inspection plan of provinces.

The annual inspection plans of the ministries include annual inspection plans of ministerial inspectorates, sub-ministerial inspectorates; ensure no overlaps and duplications in inspection between ministerial inspectorates and sub-ministerial inspectorates.

The annual inspection plans of provinces include annual inspection plans of provincial inspectorates, inspectorates of provincial-level departments and district inspectorates; ensure no overlaps and duplications in inspection between provincial inspectorates, inspectorates of provincial-level departments and district inspectorates.

- By October 25 every year, according to inspection program orientations, the Inspector General of the Government Inspectorate shall provide guidance for ministerial inspectorates and provincial inspectorates on development of the draft plans for inspection of ministries and annual inspection plans of provinces.

By October 30 every year, according to inspection program orientations and guidelines of the Government Inspectorate, the ministerial inspectorates shall provide guidance for sub-ministerial inspectorates and the provincial inspectorates shall provide guidance for inspectorates of provincial-level departments and district inspectorates on development of the draft plans for inspection of their authorities.

- By November 15 every year, the Government Inspectorate shall be responsible for provision of the annual inspection plans.

- By November 10 every year, the sub-ministerial inspectorates shall send the draft plans for inspection of their authorities to the ministerial inspectorates to synthesize into annual inspection plans of the ministries;

The inspectorates of provincial-level departments and district inspectorates shall send draft plans for inspection of their authorities to the provincial inspectorates to synthesize into annual inspection plans of provinces.

- By November 30 every year, the ministerial chief inspectors of the ministries shall submit to the ministers for provision of the annual inspection plans of the ministries; the provincial chief inspectors shall submit to the presidents of the People's Committees of provinces for provision of the annual inspection plans of provinces.

By December 10 every year, the ministers shall be responsible for provision of annual inspection plans of the ministries

By December 20 every year, the presidents of the People's Committees of provinces shall be responsible for provision of annual inspection plans of provinces.

- The annual inspection plans specified in Clauses 4 and 6 of Article 45 of the Law on Inspection 2022 shall be immediately sent to the inspected entities, state audit agencies and relevant agencies and organizations.

3. Prohibited acts during inspection activities in Vietnam

According to Article 8 of the Law on Inspection 2022, prohibited acts in inspection activities include:

- Abusing one's position or inspection powers to commit illegal acts and harassment, or cause difficulties or troubles to inspected entities and other agencies, organizations and individuals; abusing powers in the process of inspection.

- Conducting inspection beyond competence, contents of decision on inspection and detailed inspection plans that have been approved.

- Intentionally refraining from issuance of decisions on inspection in case of detection of signs of violations that must be inspected according to regulations of the law; intentionally making untruthful conclusions; covering up inspected entities; making conclusions, decisions or taking actions against the law; failing to propose prosecution and transfer the files of cases with signs of criminal offences detected during inspection to the investigation agencies, which will decide whether to initiate prosecution in accordance with regulations of the law.

- Giving, receiving or brokering bribes.

- Disclosing information or documents related to inspection before publishing official conclusions.

- Illegally intervening in inspection; falsifying inspection results, conclusions and recommendations.

- Failing to provide information or documents, or promptly provide accurate or truthful information or documents; appropriating or destroying documents or material evidences related to inspection contents.

- Opposing, obstructing, bribing, intimidating, taking revenge on or victimize inspection-conducting persons, supervisors, appraisers or persons who provide information or documents to the inspection-conducting authority; causing difficulties to inspection.

- Committing other acts prohibited by law.

Ho Quoc Tuan

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