Decree No. 86/2011/ND-CP dated September 22, 2011 of the Government detailing and guiding the implementation of a number of articles of the Law on Inspection

INSPECTION CONCLUSIONS MUST BE PUBLICIZED WITHIN 10 DAYS

On September 22, 2011, the Government issued the Decree No. 86/2011/ND-CP detailing and guiding the implementation of a number of articles of the Law on Inspection on the principles of inspection activities. In this Decree, the Government regulates that inspection conclusions must be publicized, except inspection conclusion contents classified as state secrets.

Specifically, within 10 days after signing inspection conclusions, the issuer of inspection conclusions shall have the responsibility to publicize inspection conclusions. Inspection conclusions will be published at a meeting participated by the inspection decision issuer or an authorized person, a representative of the inspection team, the inspected subject, and related agencies, organizations and persons.

In addition to the publicization of inspection conclusions as above, the issuer of inspection conclusions shall select at least one of the following forms: announcement in the mass media; posting on the website of the inspection agency, the agency assigned to perform specialized inspection or the same-level state management agency; and display at the working office of the inspected agency, organization or person.

Also in this Decree, during inspection, when having a ground to conclude that money and assets are illegally appropriated or used or lost due to unlawful acts of the inspected subject, the inspection decision issuer shall issue a decision to retrieve them. A retrieval decision must be made in writing, clearly stating the money amount and assets to be retrieved, responsibilities of the retrieving agency, the retrieval time and responsibilities of the inspected subject.

When having a ground to believe that the inspected subject disperses assets or fails to comply with the money and asset retrieval decision of the state inspection agency or the head of the state management agency, the inspection decision issuer shall issue a written request for the credit institution at which the inspected subject has an account to block this account to serve inspection activities.

During inspection, if detecting the illegal use of money, objects or permits and finding it necessary to promptly prevent such use or to verify circumstances to serve as evidence for conclusion or handling, the head of an inspection team shall request the inspection decision issuer to issue a decision on temporary seizure of such money, objects or permits.