Decree No. 33/2015/ND-CP dated March 27, 2015 of the Government prescribing the implementation of inspection conclusions

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Decree No. 33/2015/ND-CP dated March 27, 2015 of the Government prescribing the implementation of inspection conclusions
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Official number: 33/2015/ND-CP Signer: Nguyen Tan Dung
Type: Decree Expiry date: Updating
Issuing date: 27/03/2015 Effect status:
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LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

THEGOVERNMENT

 

No. 33/2015/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom - Happiness

 

Hanoi, March 27, 2015

 

DECREE

Prescribing the implementation of
inspection conclusions[1]

 

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 15, 2010 Law on Inspection;

At the proposal of the Inspector General;

The Government promulgates the Decree prescribing the implementation of inspection conclusions.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes responsibilities of agencies, organizations and individuals for implementing inspection conclusions and supervising, urging and examining the implementation of inspection conclusions.

Article 2.Subjects of application

This Decree applies to:

1. State management agencies and their heads.

2. State inspection agencies and their heads; agencies assigned to perform specialized inspection and their heads.

3. Inspected subjects; heads of agencies or organizations directly managing inspected subjects; and agencies, organizations and individuals involved in the implementation of inspection conclusions.

Article 3.Principles of implementation of inspection conclusions

1. Inspection conclusions shall be strictly abided by inspected subjects and related agencies, organizations and individuals.

2. Violations clearly specified in inspection conclusions shall be promptly and strictly handled; propositions and requests in inspection conclusions shall be considered and promptly handled in accordance with law.

3. The implementation of inspection conclusions shall be supervised, urged and examined by competent state agencies and persons.

4. Contents being currently re-inspected or those of inspection conclusions pending instructions for handling from competent persons are not required to be implemented yet.

Chapter II

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS FOR IMPLEMENTING INSPECTION CONCLUSIONS

Section 1

RESPONSIBILITIES OF HEADS OF STATE MANAGEMENT AGENCIES OF THE SAME LEVEL WITH INSPECTION CONCLUSION ISSUING AGENCIES

Article 4.Direction of implementation of inspection conclusions

1. Within 15 days after receiving the inspection conclusion, the head of the state management agency of the same level with the inspection conclusion issuing agency shall promulgate a document guiding the implementation of the inspection conclusion in one of the following cases:

a/ The inspection conclusion has contents requiring directions for implementation;

b/ The inspection conclusion has contents involving foreign elements;

c/ Propositions in the inspection conclusion conform with law but are lawfully unenforceable.

d/ The inspection conclusion for which the head of the state management agency of the same level with the inspection conclusion issuing agency needs guiding documents for implementation.

2. A document guiding the implementation of the inspection conclusion must clearly show opinions about propositions in the inspection conclusion and the transfer of the case dossier showing criminal signs to an investigative agency; clearly specify implementation responsibilities, and time and the deadline for reporting on implementation results of the inspected subject, the inspection conclusion issuing agency, the agency directly managing the inspected subject and agencies, organizations and individuals involved in the implementation of the inspection conclusion.

3. Guiding contents or requests and propositions for implementation of inspection conclusions of the head of the state management agency of the same level with the inspection conclusion issuing agency shall be issued in a single document or in separate documents.

4. Documents guiding the implementation of inspection conclusions, handling decisions, written requests and propositions on inspection prescribed in this Article and Articles 5, 6 and 7 of this Decree shall be sent to the inspection conclusion issuing agency and agencies, organizations and individuals liable for implementation.

Article 5.Handling of administrative and economic violations

1. Within 15 days after receiving the inspection conclusion, the head of the state management agency of the same level with the inspection conclusion issuing agency shall:

a/ Request agencies, organizations and individuals under his/her management to suspend or terminate violations, recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations;

b/ Within his/her competence, carry out administrative violation sanctioning procedures; decide to recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations; take measures to remedy law violations in state management fields; and apply other managerial measures in accordance with law;

c/ Propose competent persons to sanction administrative violations; propose competent agencies, organizations and individuals to apply remedial measures to law violations in state management fields.

2. The competence, order and procedures for sanctioning administrative violations, recovering money, land use rights and other assets and taking remedies for law violations in state management fields must comply with the law on sanctioning of administrative violations and relevant laws.

3. Within 2 days after the date of their issuance, documents handling administrative and economic violations prescribed in Clause 1 of this Article shall  be sent to the inspected subject, related agencies, organizations and individuals and the inspection conclusion issuing agency.

Article 6.Handling of violating cadres, civil servants, public employees and persons

1. Based on the decentralization of management and employment of cadres, civil servants and public employees, the head of the state management agency of the same level with the inspection conclusion issuing agency shall:

a/ Direct the review and clear determination of responsibilities of violating units and individuals;

b/ Carry out disciplining procedures, issue decisions disciplining cadres, civil servants and public employees and handling law violators under his/her direct management;

c/ Request agencies, organizations or individuals under his/her management to discipline cadres, civil servants and public employees and handle law violators under  the management of those agencies, organizations and individuals;

d/ Propose competent agencies, organizations or individuals to discipline cadres, civil servants and public employees and handle law violators under the management of those agencies or organizations.

2. The competence, order and procedures for disciplining cadres, civil servants and public employees and handling law violators must comply with the law on cadres, civil servants and public employees, the labor law, and relevant laws.

Article 7.Redressing of management loopholes and weaknesses and improvement of policies and laws

1. Within 15 days after receiving the inspection conclusion, the head of the state management agency of the same level with the inspection conclusion issuing agency shall:

a/ Direct agencies, organizations and individuals under his/her management to apply necessary measures to promptly redress management loopholes and weaknesses, suspend or terminate violations; cancel, annul or terminate the implementation of documents with illegal contents, and improve policies and laws;

b/ Within the scope of his/her responsibility, promptly apply measures to redress management loopholes and weaknesses; cancel, annul or terminate the implementation of documents with illegal contents, and improve policies and laws;

c/ Propose competent agencies, organizations and individuals to apply measures to redress management loopholes and weaknesses, suspend or terminate violations, promulgate or cancel, annul or terminate the implementation of documents with illegal contents, and improve policies and laws.

2. The order and procedures for suspension, cancellation, annulment, amendment, supplementation, and promulgation of legal documents, guiding and administering documents which contain illegal contents must comply with the law on the promulgation of legal documents and other relevant legal documents.

Section 2

RESPONSIBILITIES OF HEADS OF INSPECTION CONCLUSION ISSUING AGENCIES

Article 8.Decision on and request and proposition for implementation of inspection conclusions

1. Within 15 days after the date of issuing an inspection conclusion or the date of receiving the document guiding the implementation of the inspection conclusion, the head of the inspection conclusion issuing agency shall:

a/ Within his/her competence, conduct procedures for handling administrative violations; decide to recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations; apply remedial measures to law violations; consider the disciplining of cadres, civil servants and public employees and handling of law violators under his/her management; apply other managerial measures in accordance with law;

b/ Request the inspected subject, and related agencies, organizations and persons to terminate violations; recover money, land use rights, and other assets which are illegally used appropriated, or lost due to law violations; handle administrative violations according to his/her competence; handle according to his/her competence or propose competent authorities to discipline cadres, civil servants and public employees and handle law violators; apply measures to redress management loopholes and weaknesses, terminate violations; cancel, annul and suspend the implementation of documents with illegal contents, and improve policies and laws;

c/ Transfer the case dossier showing criminal signs to competent investigative agencies for handling in accordance with law.

2. The competence, order and procedures for handling administrative violations, recovering money, land use rights and other assets, remedying law violations in state management fields must comply with the law on handling of administrative violations and relevant laws.

Article 9.Supervision, urging and examination of implementation of inspection conclusions

Heads of inspection conclusion issuing agencies shall organize the supervision, urging and examination of inspected subjects, and agencies, organizations and individuals involved in the implementation of inspection conclusions.

The supervision, urging and examination of the implementation of inspection conclusions must comply with Chapter III of this Decree.

Section 3

RESPONSIBILITIES OF INSPECTED SUBJECTS AND RELATED AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 10.Organization of implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection

1. After receiving the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection, the inspected subject and related agencies, organizations and individuals shall:

a/ Implement and organize the timely and full implementation of obligations clearly determined in the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection;

b/ In case the inspection conclusion contains contents involving responsibilities of many agencies, organizations and individuals, the inspected agency and organization shall elaborate a plan on inspection conclusion implementation.

This plan must clearly determine purposes, requirements, schedule, time and methods for implementation of contents of the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection and assign implementation responsibilities of each agency, organization and individual.

The inspection conclusion implementation plan shall be sent to the inspection conclusion issuing agency and related agencies, organizations and individuals.

2. Within the ambit of their tasks and powers, the heads of the inspected agency or  organization, and related agencies and organizations shall:

a/ Promptly direct and assign agencies, organizations, units and individuals to fully implement the contents prescribed in Clause 1 of this Article;

b/ Urge units and individuals under their management to implement inspection conclusions and guiding documents, requests, propositions and handling decisions on inspection;

c/ Within their competence,ensure conditions and adopt measures for units and individuals under their management to strictly, fully and promptly implement inspection conclusions and guiding documents, requests, propositions, and handling decisions on inspection;

d/ Examine and inspect agencies, organizations and individuals under their management according to inspection conclusions and guiding documents, requests, propositions, and handling decisions on inspection;

dd/ Handle violating agencies, organizations and individuals under their management in the implementation of the inspection conclusions and guiding documents, requests, propositions and handling decisions on inspections.

Article 11.Implementation of inspection conclusions, guiding documents, requests, propositions, decisions on handling of administrative and economic violations

Based on inspection conclusions, guiding documents, requests, propositions, and decisions on handling of administrative and economic violations, within the ambit of their responsibilities, the head of the inspected agency or organization and related agencies, organizations and individuals shall:

1. Fully and promptly implement decisions on handling of administrative and economic violations on schedule; suspend or terminate violations; recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations.

2. Promptly conduct procedures for sanctioningadministrative and economic violations; apply remedial measures to law violations; request agencies, organizations and individuals under their management to suspend or terminate violations; recover money, land use rights and other assets which are illegally appropriated or used or lost due to law violations; apply remedial measures to law violations.

3. Within their competence, apply managerial measures to implement inspection conclusions, guiding documents, requests, propositions, and handling decisions on inspection.

4. The competence, order and procedures for sanctioning administrative violations, recovering money, land use rights, other assets, remedying law violations in state management fields must comply with the law on handling of administrative violations and relevant laws.

Article 12.Implementation of inspection conclusions, guiding documents, requests and propositions, handling of violating cadres, civil servants, public employees and persons

1. Based on inspection conclusions, guiding documents, requests and propositions for handling violating cadres, civil servants, public employees and persons and within the ambit of their responsibilities, the head of the inspected agency or organization and related agencies, organizations and individuals shall:

a/ Review and clearly determine responsibilities and propose forms of handling of violating units and individuals;

b/ Issue disciplining decisions or propose competent authorities to discipline cadres, civil servants and public employees; or handle or propose competent agencies to handle violating persons;

c/ Request or propose agencies, organizations or individuals under their management to discipline cadres, civil servants and public employees and handle law violators under the management of those agencies, organizations or individuals.

2. The competence, order and procedures for disciplining cadres, civil servants and public employees, and handling law violators must comply with the law on cadres, civil servants and public employees; the labor law and relevant laws.

Article 13.Implementation of inspection conclusions, guiding documents, requests and propositions to redress management loopholes and weaknesses and improve policies and laws

1. Based on inspection conclusions, guiding documents, requests, and propositions to redress management loopholes and weaknesses, and improve policies and laws, within the ambit of their responsibilities, the head of the inspected agency or organization and related agencies, organizations and individuals shall:

a/ Promptly apply remedial measures to redress management loopholes and weaknesses, terminate violations; cancel, annul and suspend the implementation of documents with illegal contents; amend, supplement and improve policies and laws;

b/ Request agencies, organizations and individuals under their management to adopt necessary measures to promptly redress management loopholes and weaknesses, suspend and terminate violations; cancel, annul and suspend the implementation of documents with illegal contents, amend, supplement and improve policies and laws.

2. The order and procedures for suspension, cancellation, annulment, amendment, supplementation and promulgation of legal documents, and guiding and administering documents with illegal contents must comply with the law on promulgation of legal documents and other relevant legal documents.

Article 14. Reporting on implementation of inspection conclusions

1. The inspected subject and related agencies, organizations and individuals shall report on the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection at the request of the inspection conclusion issuing agency, the head of the state management agency of the same level with the inspection conclusion issuing agency or the head of the agency or organization directly managing the inspected subject.

2. A report of the inspected subject or related agencies, organizations or individuals must cover:

a/ The implementation and the organization of implementation of the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection;

b/ The progress and results of implementation of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection, and completed and uncompleted contents;

c/ Difficulties and problems; causes of difficulties and problems in the course of implementation of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection and propositions to competent agencies for consideration and settlement;

d/ Law violations and handling of law violations committed by related agencies, organizations and individuals in the implementation of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection.

Section 4

RESPONSIBILITIES OF HEADS OF AGENCIES AND ORGANIZATIONS DIRECTLY MANAGING INSPECTED SUBJECTS

Article 15. Implementation and guidance, examination of implementation of inspection conclusions

Within 15 days after receiving the inspection conclusion or guiding documents, requests, propositions and handling decisions on inspection, based on the contents of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection and within the ambit of their tasks and powers, the head of the agency or organization directly managing the inspected subject shall:

1. Fully and promptly implement on schedule requests, propositions and handling decisions on inspection within the ambit of their responsibilities.

2. Promptly direct the inspected subject to implement inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection.

3. Within their competence, apply measures to solve difficulties and problems for the inspected subject in the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection.

4. Examine the inspected subject in the implementation of inspection conclusions.

Article 16.Handling of violations of inspected subjects

1. Based on contents of the inspection conclusion, guiding documents, requests, propositions and handling decisions on inspection and within the ambit of their tasks and powers, the head of the agency or organization directly managing the inspected subject shall:

a/ Promptly handle administrative and economic violations;

b/ Carry out procedures, issue disciplining decisions or propose competent agencies to discipline cadres, civil servants and public employees; or handle or propose competent agencies to handle violators;

c/ Apply measures to force the inspected subject to redress loopholes and weaknesses management, terminate violations; cancel, annul and suspend the implementation of documents with illegal contents; amend, supplement and improve policies and laws;

d/ Handle violations committed by the inspected subject in the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection.

2. The competence, order and procedures for implementation of the contents specified in Clause 1 of this Article must comply with the laws on handling of administrative violations and disciplining of cadres, civil servants and public employees, the law on promulgation of legal documents and other relevant laws.

Chapter III

SUPERVISION, URGING AND EXAMINATION OF IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 17.Principles of supervision, urging and examination

Supervision, urging and examination of the implementation of inspection conclusions shall be carried out in a regular, prompt, objective, public, transparent and lawful manner; must not obstruct regular operations of supervising, urging and examining bodies;  shall be conducted on a case-by-case basis or concurrently for many cases and matters depending on the complexity of those cases and matters.

Article 18.Responsibilities for directing and organizing supervision, urging and examination

1. The head of the state management agency of the same level with the inspection conclusion issuing agency shall, within the powers prescribed by law, direct the supervision, urging and examination and promptly process the results of supervision, urging and examination of the implementation of inspection conclusions.

2. The heads of the inspection conclusion issuing agency shall, within the powers prescribed by law, organize the supervision, urging and examination of the implementation of inspection conclusions and promptly process the results of supervision, urging and examination of the implementation of inspection conclusions.

Article 19.Responsibilities of state inspection agencies and agencies assigned to perform specialized inspection

1. The Government Inspectorate shall supervise, urge and examine the implementation of his and the Prime Minister’s inspection conclusions and inspection handling decisions.

2. Inspectorates of ministries, provinces, departments and districts shall supervise, urge and examine the implementation of their inspection conclusions and inspection handling decisions and those of heads of state management agencies of the same level.

3. Agencies assigned to perform specialized inspection shall supervise, urge and examine the implementation of their inspection conclusions and handling decisions on inspection.

4. State inspection agencies and agencies assigned to perform specialized inspection shall directly examine inspected subjects and related agencies, organizations and individuals in implementing inspection conclusions and handling decisions on inspection.

Article 20.Supervised, urged and examined subjects

Bodies supervising, urging and examining the implementation of inspection conclusions are inspected subjects and their directly managing agencies, agencies, organizations and individuals liable for or involved in the implementation of inspection conclusions.

Article 21.Contents of supervision, urging and examination

1. Contents of supervising the implementation of inspection conclusions comprise:

a/ The process of directing the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection of the head of the state management agency or the head of the agency assigned to perform specialized inspection;

b/ The progress and results of implementation of contents of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection of the supervised, urged and examined subjects.

c/ Grasping difficulties and problems related to the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection.

2. Contents of urging the implementation of inspection conclusions comprise:

a/ The contents specified in Clause 1 of this Article;

b/ Reminding the implementation of the contents stated in inspection conclusions, guiding documents, requests, propositions, and handling decisions on inspection which have not been carried out;

c/ Requesting reporting on and explanation about the reasons for failing to complete the implementation of inspection conclusions, guiding documents, requests, propositions and handling decisions on inspection;

d/ Applying measures to have inspection conclusions, guiding documents, requests, propositions, and handling decisions on inspection implemented.

3. Contents of examining the implementation of inspection conclusions comprise:

a/ The contents specified in Clause 1 of this Article;

b/ Directing and organizing the implementation of inspection conclusions, requests, propositions and handling decisions on inspection;

c/ Results of implementation of inspection conclusions, requests, propositions, and handling decisions on inspection, including complete and incomplete contents and progress of implementation;

d/ Grasping objective and subjective difficulties in the course of implementation of inspection conclusions, requests, propositions and handling decisions on inspection;

dd/ Detecting law violations of subjects related to the implementation of inspection conclusions, requests, propositions and handling decisions on inspection;

e/ Responsibilities of related subjects and reasons of failing to complete the implementation of inspection conclusions, requests, propositions and handling decisions on inspection.

Article 22.Order and procedures for supervision

1. Within 15 days after announcing the inspection conclusion, the person assigned to the supervisory task shall open a supervision dossier. A supervision dossier must contain information related to the implementation of the inspection conclusion, comprising basic information on the supervised subject; responsibilities to be carried out by the supervised subject; specific statistics and summarization of requests, propositions, handling decisions; contents and deadlines stated in requests, propositions and handling decisions.

2. Supervision activities shall be conducted by requesting the supervised subject to report on the implementation of inspection conclusions and provide supporting documents. The head of the state inspection agency or agency assigned to perform specialized inspection shall assign persons to directly work with the supervised subject to verify information on the implementation of inspection conclusions.

3. Within 45 days after announcing the inspection conclusion, the person assigned to the supervisory task shall report on supervision results of the implementation of inspection conclusions to the head of the state inspection agency or the agency assigned to perform specialized inspection. The report must cover general information on inspection conclusions and implementation responsibilities of the supervising body; results of implementation of inspection conclusions; assessment of implementation of inspection conclusions; analysis of reasons and proposed solutions to the implementation of inspection conclusions.

4. Within 3 days after receiving a report on supervision results of the implementation of the inspection conclusion, the head of the state inspection agency or agency assigned to perform specialized inspection shall, based on such results, decide to end the supervision and keep the supervision dossier under current regulations if the implementation of the inspection conclusion has completed; and urging the implementation of the inspection conclusion according to this Decree if it has not been completed.

5. Results and processing of supervision results of the implementation of inspection conclusions shall be notified to the supervised subject and publicized in accordance with law.

Article 23.Order and procedures for urging

1. The implementation of inspection conclusions shall be urged in the form of sending urging documents or directly working with the concerned subject.

a/ In case of sending an urging document, within 5 days after being assigned to the urging task, the assigned person shall submit an urging document to the head of the state inspection agency or agency assigned to perform specialized inspection for sending to the concerned subject;

b/ In case of direct working, within 5 days after being assigned the urging task, the assigned person shall submit a working plan and a written notice to the head of the state inspection agency or agency assigned to perform specialized inspection for sending to the concerned subject.

2. Within 25 days after being assigned the urging task, the assigned person shall report on urging results to the head of the state inspection agency or the agency assigned to perform specialized inspection. The report must cover the urging process; the situation and process of implementation of the inspection conclusion; results of implementation of the inspection conclusion after being urged; general assessment and proposed solutions for implementation of the inspection conclusion.

3. Within 3 days after receiving a report on results of urging the implementation of inspection conclusions, the head of the state inspection agency or agency assigned to perform specialized inspection shall, based on such results, decide to end the urging work and keep the urging dossier under current regulations if the implementation of the inspection conclusion has been completed or conduct examination as prescribed in this Decree if the implementation of the inspection conclusion has not been completed.

4. Results and processing of results of urging the implementation of inspection conclusions shall be notified to the urged subject and publicized in accordance with law.

Article 24.Order and procedures for examination

1. The head of the state inspection agency or agency assigned to perform specialized inspection shall issue an examination decision based on one of the following grounds:

a/ Past the time limit for the implementation of the inspection conclusion, requests, propositions and handling decisions on inspection, the urged subject fails to complete the implementation;

b/ The urged subject fails to report on results of implementation of the inspection conclusion as prescribed by law;

c/ In the course of supervision and urging, the supervised and urged subject shows signs of dispersing assets, destroying documents or non-cooperation, obstruction or other law violations.

2. The examination shall be conducted when there is an examination decision of the head of the state inspection agency or the agency assigned to perform specialized inspection. The decision must clearly state grounds for issuing the decision; subjects, contents, scope and duration of the examination; and the person assigned to the examination task. Within 3 days after its signing, the examination decision shall be sent to the person assigned to the examination task and the examined subject. Within 5 working days after signing the decision, the person assigned to the examination task shall conduct examination.

3. The time limit for the examination of the implementation of the inspection conclusion must be 5 days from the start of the examination. If the contents of the inspection are complicated and the scope of the examination is broad, the examination time limit must be 10 days from the start of the examination.

The time limit for examination of the implementation of different inspection conclusions must be 10 days from the start of the examination. If the contents of such inspections are complicated and the scope of the examination is broad, the examination time limit must be 20 days from the start of examination.

4. Within 3 days after completing the examination, the person assigned to the examination task shall report on examination results to the head of the state inspection agency or the agency assigned to perform specialized inspection. The report must contain the following contents: assessment of the situation and examination results; conclusions of examination contents; propositions of measures to handle law violations and related contents to ensure the implementation of the inspection conclusion.

5. Based on examination results, the head of the state inspection agency or agency assigned to perform specialized inspection shall:

a/ Request the head of the agency directly managing the examined subject, within their competence, to apply measures to force the examined subject to complete the implementation of the inspection conclusion;

b/ Within their competence, apply or propose competent agencies to apply handling measures in accordance with law;

c/ Transfer the case dossier to competent investigative agencies for consideration and institution of the case when detecting criminal signs related to the implementation of the inspection conclusion;

d/ Decide on re-inspection or request the head of the state management agency of the same level to decide on re-inspection in accordance with the law on inspection when detecting signs of law violations in the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection;

dd/ Report and propose the head of the competent state management agency to consider and handle the case when there are grounds to determine that the examined subject is incapable of implementing the inspection conclusion, guiding documents, requests, propositions, and handling decisions on inspection.

6. The results and processing of examination results of the implementation of  inspection conclusions shall be notified to the examined subject and publicized in accordance with law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 25.Handling of violations

Agencies, organizations and individuals committing violations in implementing, supervising, urging and examining the implementation of inspection conclusions and inspection handling decisions prescribed in this Decree shall, depending on the nature and severity of their violations, be handled in accordance with relevant laws.

Article 26.Effect

1. This Decree takes effect on May 15, 2015.

2. To annul Articles 56 and 57 of the Government’s Decree No. 86/2011/ND-CP of September 22, 2011, detailing and guiding the implementation of a number of articles of the Law on Inspection.

Article 27.Implementation responsibilities

Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

 



[1]Công Báo Nos 467-468 (08/4/2015)

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