Law on Inspection, No. 56/2010/QH12

SOME MAJOR CONTENTS OF INSPECTION LAW

On November 15, 2010, the National Assembly of the Socialist Republic of Vietnam passed the Law on Inspection No. 56/2010/QH12 on November 15, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.

This Law include 7 Chapters, 78 Articles and agencies performing the inspection function  including the Government Inspectorate; Inspectorates of ministries and ministerial-level agencies (below collectively referred to as ministerial inspectorates); Inspectorates of provinces and centrally run cities (below collectively referred to as provincial inspectorates); Inspectorates of provincial-level departments; Inspectorates of rural districts, urban districts, towns and provincial cities (below collectively referred to as district inspectorates).

Agencies assigned to perform the specialized inspection function shall not establish independent inspectorates. Specialized inspection activities shall be conducted by persons assigned to perform the specialized inspection task under this Law and other relevant laws. When conducting inspection, persons assigned to perform the specialized inspection task may sanction administrative violations and perform other tasks and exercise other powers under law.

Besides, this Law defines clearly responsibilities in building inspection program orientations and inspection plans. By October 15 every year at the latest, the Inspector General shall submit to the Prime Minister for approval inspection program orientations. The Prime Minister shall examine and approve inspection program orientations no later than October 30 every year.  After inspection program orientations are approved, they shall be sent by the Government Inspectorate to ministers and chairpersons of provincial-level People’s Committees. Based on the inspection program orientations, the Inspector General shall elaborate an inspection plan of the Government Inspectorate and guide ministerial inspectorates and provincial inspectorates in elaborating their own inspection plans.

At the same time, by November 15 every year, ministerial chief inspectors, heads of ministries’ agencies assigned to perform the specialized inspection function and provincial chief inspectors shall base themselves on the inspection program orientations, guidance of the Inspector General and management requirements of ministries, their agencies assigned to perform the specialized inspection function and provincial-level People’s Committees to submit inspection plans to heads of state management agencies of the same level for approval.