Law on Inspection 2022, Law No. 11/2022/QH15

LAW ON INSPECTION^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Inspection.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for inspection organization and activities.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Inspection means activities of an agency performing the inspection function of reviewing, evaluating and handling according to the law-specified order and procedures the implementation of policies and laws, the performance of tasks and the exercise of powers by agencies, organizations and individuals. Inspection activities include administrative inspection and specialized inspection.

2. Administrative inspection means inspection of the implementation of policies and laws, the performance of tasks and the exercise of powers by agencies, organizations 
and individuals subject to management by state management agencies.

3. Specialized inspection means inspection of the observance of specialized laws, professional-technical regulations and management rules by agencies, organizations and individuals subject to sector-based management.

4. Orientations for an inspection program means a document setting orientations and focuses of inspection activities for 1 year which is approved by the Prime Minister at the proposal of the Government Inspector-General.

5. Inspection plan means a document defining key inspection-related tasks for 1 year which is issued by a competent state agency to implement orientations for an inspection program and serve management requirements.

6. Plan for conducting inspection means a plan for conducting an inspection which is formulated by the head of the inspection team and approved by the inspection decision issuer.

7. Scope of inspection means specific limits on inspection contents, inspected subject and inspection period identified in an inspection decision.

8. Inspection contents cover the implementation of policies and laws, the performance of tasks, the exercise of powers, and the implementation of professional-technical regulations and management rules in sectors and fields of operation of inspected subjects and related agencies, organizations and individuals.

9. Inspected subject means an agency, organization or individual subject to inspection as identified in an inspection decision.

10. Inspection period means a period of time of implementation of policies and laws, performance of tasks, exercise of powers, and implementation of professional-technical regulations and management rules in the sector or field of operation of an inspected subject which shall be considered and evaluated during an inspection.

11. Inspection duration means a duration counted from the date of announcement of an inspection decision to the date on which direct inspection is completed.

12. Inspection conclusion means a document signed by the head of the agency performing the inspection function to evaluate, conclude and make recommendations on inspected contents.

13. Appraisal of a draft inspection conclusion means consideration and evaluation to make comments and recommendations for finalizing the draft inspection conclusion.

14. Supervision of activities of an inspection team means monitoring, consideration and evaluation of the observance of law, the compliance with ethical standards, code of conduct and sense of discipline, and the performance of tasks by the head and other members of the inspection team in the inspection duration.

15.  Inspection-related handling decisions include decisions of persons conducting inspection to exercise their rights in inspection activities and decisions of heads of competent state management agencies or heads of agencies performing the inspection function to implement inspection conclusions.

16. Persons conducting inspection include inspection decision issuers, heads and other members of inspection teams.

17. Agencies performing the inspection function include inspection bodies and agencies assigned to perform the specialized inspection function.

18. Inspection body means an agency established in accordance with this Law and other relevant laws and performing the tasks of inspecting, receiving citizens, settling complaints and denunciations, and preventing and combating corruption and negative practices in accordance with law.

19. Agency assigned to perform the specialized inspection function means an agency performing state management tasks in the sectors and fields in which it is assigned to perform the specialized inspection function.

20. Person assigned to perform specialized inspection tasks means a person assigned to perform inspection tasks of an agency assigned to perform the specialized inspection function.

Article 3. Purposes of inspection activities

Inspection activities aim to detect limitations and inadequacies in existing management mechanisms, policies and laws in order to propose competent state agencies to seek solutions and remedies; prevent, detect and handle violations; help agencies, organizations and individuals strictly comply with law; promote positive factors; contribute to raising the effect and effectiveness of state management activities; and protect the interests of the State and the lawful rights and interests of agencies, organizations and individuals.

Article 4. Principles of inspection activities

1. Abiding by law, and ensuring democracy, publicity, objectivity, timeliness and accuracy.

2. Not obstructing the normal operation of inspected subjects and other agencies, organizations and individuals.

3. Not letting overlaps in terms of scope and time occur among inspection bodies or between inspection bodies and state audit offices; not letting overlaps occur in the exercise of rights when conducting inspection.

Article 5. Functions of inspection bodies

Within the ambit of their tasks and powers, inspection bodies shall assist competent state agencies in performing the state management of inspection work, reception of citizens, settlement of complaints and denunciations, and prevention and combat of corruption and negative practices; and conduct inspection, receive citizens, settle complaints and denunciations, and prevent and combat corruption and negative practices in accordance with law.

Article 6. Responsibilities of heads of state management agencies in inspection and examination activities

1. Within the ambit of their tasks and powers, heads of state management agencies shall organize and direct inspection and examination activities in order to ensure the effect and effectiveness of state management work.

2. Heads of state management agencies shall regularly examine the performance of tasks and the exercise of powers by agencies, organizations and individuals under their management; and the observance of policies and laws by agencies, organizations and individuals in sectors and fields falling under their management in order to ensure the effect and effectiveness of state management work.

In the course of inspection, if detecting violations, heads of state management agencies shall apply or propose competent state agencies to apply law-specified measures to promptly handle such violations; in case of necessity, they shall request or propose competent agencies to conduct inspection; if detecting signs of crime, they shall propose initiation of criminal cases and forward case or matter files and relevant documents to investigation bodies for the latter to consider and decide on the initiation of criminal cases in accordance with law.

3. The Prime Minister, ministers and heads of ministerial-level agencies (below collectively referred to as ministers), heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of specialized agencies under provincial-level People’s Committees, chairpersons of district-level People’s Committees and heads of other state management agencies shall, within the ambit of their tasks and powers, organize and direct inspection activities, promptly handle conclusions and recommendations on inspection contents and take responsibility before law for their decision.

Article 7. Responsibility for coordination between agencies performing the inspection function and related agencies, organizations and individuals

1. Within the ambit of their tasks and powers, agencies performing the inspection function shall coordinate with police offices, people’s procuracies, state audit offices, related agencies and organizations and competent persons in preventing, detecting and handling violations of law.

2. Within the ambit of their tasks and powers, investigation bodies and people’s procuracies shall consider proposals to initiate criminal cases which area received from agencies performing the inspection function and issue written replies on realization of such proposals.

3. Related agencies, organizations and individuals shall realize requests or proposals of agencies performing the inspection function and execute inspection-related handling decisions, and issue written replies on the realization or execution of such requests, recommendations and decisions.

Article 8. Prohibited acts in inspection activities

1. Abusing inspection positions and powers to commit illegal acts, harass for bribes, or cause difficulties or troubles to, inspected subjects and other agencies, organizations and individuals; abusing powers in the course of inspection.

2. Conducting inspection ultra vires or in contravention of inspection decisions or approved plans for conducting inspection.

3. Intentionally failing to issue inspection decisions when detecting signs of violation which are subject to inspection in accordance with law; covering up inspected subjects; intentionally making false conclusions; illegally making conclusions or decisions or taking handling measures; failing to propose criminal case initiation and forward files of cases showing signs of crime detected through inspection to investigation bodies for the latter to consider and decide on criminal case initiation in accordance with law.

4. Giving bribes, receiving bribes or brokering bribes in inspection activities.

5. Disclosing information and documents related to an inspection when the inspection conclusion has not been made public.

6. Illegally interfering in inspection activities; using influence to falsify inspection results, conclusions or recommendations.

7. Failing to provide information and documents or providing information and documents in an untimely, incomplete, untruthful or inaccurate manner; appropriating or destroying documents and evidences related to inspection contents.

8. Opposing, obstructing, bribing, threatening, retaliating against, or suppressing persons conducting inspection, persons performing supervision, persons performing appraisal, or persons providing information and documents to agencies performing the inspection function, thus causing difficulties to inspection activities.

9. Other acts prohibited in accordance with law.

Chapter II

ORGANIZATION, TASKS AND POWERS OF AGENCIES PERFORMING THE INSPECTION FUNCTION

Article 9. Agencies performing the inspection function

1. Inspection bodies classified by administrative level include:

a/ The Government Inspectorate;

b/ Inspectorates of provinces and centrally run cities (below collectively referred to as provincial Inspectorates);

c/ Inspectorates of districts, towns, provincial cities and municipal cities (below collectively referred to as district Inspectorates);

d/ Inspection bodies in special administrative-economic units as provided by the National Assembly.

2. Inspection bodies classified by sector or field include:

a/ Inspectorates of ministries and ministerial-level agencies (below collectively referred to as Ministerial Inspectorates);

b/ Inspectorates of General Departments/Directorates or Departments/Authorities/Agencies/Administrations under Ministries and the equivalent (below collectively referred to as General Department/Department Inspectorates);

c/ Inspectorates of provincial-level Departments (below referred to as provincial Department Inspectorates).

3. Inspection bodies in government-attached agencies.

4. Inspection bodies in the People’s Army, People’s Public Security Forces, State Bank of Vietnam and government cipher agencies.

5. Agencies assigned to perform the specialized inspection function.

Section 1

THE GOVERNMENT INSPECTORATE

Article 10. Position and functions of the Government Inspectorate

The Government Inspectorate is an agency of the Government, which shall assist the Government in performing the state management of inspection work, reception of citizens, settlement of complaints and denunciations, and prevention and combat of corruption and negative practices nationwide; and perform the tasks of inspection, reception of citizens, settlement of complaints and denunciations, and prevention and combat of corruption and negative practices in accordance with law.

Article 11. Tasks and powers of the Government Inspectorate

1. In the field of inspection, the Government Inspectorate shall assist the Government in performing the state management of inspection work and has the following tasks and powers:

a/ To formulate policies and laws on inspection;

b/ To formulate orientations for inspection programs and submit them to the Prime Minister for approval;

c/ To formulate its own inspection plans; to guide ministries and ministerial-level agencies (below collectively referred to as ministries), government-attached agencies and provincial-level People’s Committees in formulating inspection plans;

d/ To organize, and guide ministries, government-attached agencies and provincial-level People’s Committees in organizing, the implementation of inspection plans;

dd/ To inspect the implementation of policies and laws, the performance of tasks and the exercise of powers by ministries, government-attached agencies and provincial-level People’s Committees;

e/ To inspect the management of state capital and assets at state enterprises as assigned by the Prime Minister;

g/ To inspect complicated cases related to management responsibilities of multiple ministries, government-attached agencies and provincial-level People’s Committees;

h/ To inspect other cases as assigned by the Prime Minister;

i/ To re-inspect cases on which Ministerial Inspectorates, inspection bodies of government-attached agencies or provincial Inspectorates have made conclusions but which show signs of violation of law;

k/ To monitor, urge and examine the implementation of conclusions, recommendations and inspection-related handling decisions of the Prime Minister and Government Inspectorate;

l/ To check the accuracy and legality of inspection conclusions of Ministerial Inspectorates, inspection bodies of government-attached agencies and provincial Inspectorates and post-inspection handling decisions of ministers, heads of government-attached agencies and chairpersons of provincial-level People’s Committees when necessary;

m/ To coordinate with the State Audit Office of Vietnam to handle overlaps or duplications between inspection activities and state audit activities; to guide Ministerial Inspectorates and provincial Inspectorates in handling overlaps or duplications between inspection activities and state audit activities;

n/ To direct inspection work, provision of further training in and professional guidance on inspection operations, and grant of inspector certificates;

o/ To sum up and report on results of inspection work.

2. To assist the Government in performing the state management of the reception of citizens and settlement of complaints and denunciations; to perform tasks and exercise powers in the reception of citizens and settlement of complaints and denunciations in accordance with law.

3. To assist the Government in performing the state management of the prevention and combat of corruption and negative practices; to perform tasks and exercise powers in the prevention and combat of corruption and negative practices in accordance with law.

Article 12. Tasks and powers of the Government Inspector-General

1. The Government Inspector-General is a member of the Government and is responsible to the National Assembly, Government and Prime Minister for inspection work, reception of citizens, settlement of complaints and denunciations and prevention and combat of corruption and negative practices.

The Government Deputy Inspectors-General shall assist the Government Inspector-General in performing their tasks assigned by the latter.

2. In the field of inspection, the Government Inspector-General has the following tasks and powers:

a/ To lead, direct and examine the inspection work within the Government’s scope of state management; to lead the Government Inspectorate in performing tasks and exercising powers in accordance with this Law and other relevant laws;

b/ To promulgate legal documents according to his/her competence;

c/ To submit orientations for inspection programs to the Prime Minister for approval; to promulgate inspection plans of the Government Inspectorate and organize and direct the implementation thereof;

d/ To decide on the inspection when detecting signs of violation of law;

dd/ To propose ministers, heads of government-attached agencies and chairpersons of provincial-level People’s Committees to decide on the inspection of cases showing signs of violation of law; in case ministers, heads of government-attached agencies or chairpersons of provincial-level People’s Committees refuse to do so, to issue inspection decisions or report such to the Prime Minister for the latter to provide directions;

e/ To decide on re-inspection of cases on which Ministerial Inspectorates, inspection bodies of government-attached agencies or provincial Inspectorates have made conclusions but which show signs of violation of law;

g/ To handle overlaps or duplications between inspection activities and state audit activities or in activities of inspection bodies under Clause 1; Points b and d, Clause 2; and Clause 3, Article 55 of this Law;

h/ To consider and handle issues related to inspection work on which Chiefs of Ministerial Inspectorates disagree with directions of Ministers or on which Chiefs of provincial Inspectorates disagree with directions of chairpersons of provincial-level People’s Committees. In case ministers or chairpersons of provincial-level People’s Committees disagree, to report such to the Prime Minister for consideration and decision;

i/ To propose ministers and provincial-level People’s Committees to suspend the implementation of or annul legal documents promulgated by the latter which are contrary to the Constitution, laws or legal documents of superior state agencies or legal documents of the Government Inspector-General as detected through inspection; in case such proposal is rejected, to submit it to the Prime Minister for consideration and decision;

k/ To propose the Prime Minister to suspend the implementation of part or the whole of resolutions of provincial-level People’s Councils which is contrary to the Constitution, laws or legal documents of superior state agencies as detected through inspection; to report to the Prime Minister for proposing the National Assembly Standing Committee to annul part or the whole of resolutions of provincial-level People’s Councils which is contrary to the Constitution, laws or legal documents of superior state agencies as detected through inspection;

l/ To propose competent state agencies to amend, supplement or promulgate regulations so as to meet management requirements; to propose the suspension, cancellation or annulment of illegal regulations detected through inspection, unless the proposal has been made under Points i and k of this Clause;

m/ To request ministers, heads of government-attached agencies and chairpersons of provincial-level People’s Committees to consider, rectify and remedy violations in sectors, fields and geographical areas under their management which are detected by the Government Inspectorate through inspection;

n/ To propose the Prime Minister or competent agencies and organizations to consider responsibility of and handle individuals who are managed by the Prime Minister or such competent agencies and organizations and whose violations are detected through inspection or who fail to implement conclusions, recommendations and inspection-related handling decisions; to request heads of other agencies and organizations to consider responsibility of and handle persons who are managed by such agencies and organizations and whose violations are detected through inspection or who fail to implement conclusions, recommendations and inspection-related handling decisions.

Article 13. Organization of the Government Inspectorate

1. The Government Inspectorate shall be composed of the Government Inspector-General, Government Deputy Inspectors-General, inspectors and civil servants and public employees.

2. The organization of the Government Inspectorate must comply with the law on organization of the Government and other relevant laws.

Section 2

MINISTERIAL INSPECTORATES

Article 14. Position and functions of a Ministerial Inspectorate

1. A Ministerial Inspectorate is an agency of a ministry, which shall assist the minister in performing the state management of inspection work, reception of  citizens, settlement of complaints and denunciations and prevention and combat of corruption and negative practices; perform the task of administrative inspection of agencies, organizations and individuals under the Ministry’s management; perform the task of specialized inspection in the fields falling under the Ministry’s state management under the Minister’s regulations, ensuring that such tasks do not overlap with functions and tasks of General Department/Department Inspectorates, and other agencies under the Ministry which are assigned to perform the specialized inspection function; and perform the tasks of receiving citizens, settling complaints and denunciations and preventing and combating corruption and negative practices in accordance with law.

2. The Ministerial Inspectorate shall be subject to the Minister’s direction and administration and subject to the Government Inspectorate’s inspection-related direction and professional guidance.

Article 15. Tasks and powers of a Ministerial Inspectorate

1. In the field of inspection, the Ministerial Inspectorate shall assist the Minister in performing the state management of inspection work and has the following tasks and powers:

a/ To advise on, formulate and submit to the Minister for promulgation, and guide and urge the implementation of, regulations on inspection organization and activities falling under the Ministry’s state management;

b/ To formulate draft inspection plans of the Ministry, and guide the formulation of draft inspection plans of General Department/Department Inspectorates and other agencies under the Ministry which are assigned to perform the specialized inspection function for inclusion in the Ministry’s inspection plans and submission to the Minister for promulgation;

c/ To organize the implementation of its own inspection plans; to monitor, urge and examine the implementation of inspection plans of General Department/Department Inspectorates and other agencies under the Ministry which are assigned to perform the specialized inspection function;

d/ To conduct administrative inspection of agencies, organizations and individuals under the Minister’s management; to conduct specialized inspection in the fields falling under the Ministry’s state management, except the fields in which the specialized inspection is decentralized to General Department/Department Inspectorates and other agencies under the Ministry which are assigned to perform the specialized inspection function;

dd/ To inspect contents related to multiple fields falling under the Ministry’s state management;

e/ To inspect other cases as assigned by the Minister;

g/ To re-inspect the cases on which General Department/Department Inspectorates or other agencies under the Ministry which are assigned to perform the specialized inspection function have made conclusions; or the cases falling under the Ministry’s state management on which provincial Department Inspectorates have made conclusions but which show signs of violation of law through consideration and handling of complaints, denunciations, petitions and reports;

h/ To monitor, urge and examine the implementation of its own conclusions and recommendations and the Minister’s inspection-related handling decisions;

i/ To check the accuracy and legality of inspection conclusions of General Department/Department Inspectorates or other agencies under the Ministry which are assigned to perform the specialized inspection function and of post-inspection handling decisions of chairpersons of provincial-level People’s Committees for cases falling under the Ministry’s state management when necessary;

k/ To provide professional guidance on inspection for General Department/Department Inspectorates and other agencies under the Ministry which are assigned to perform the specialized inspection function and provincial Department Inspectorates;

l/ To sum up and report on results of inspection work.

2. To assist the Minister in performing the state management of the reception of citizens and settlement of complaints and denunciations; to perform tasks and exercise powers in the reception of citizens and settlement of complaints and denunciations in accordance with law.

3. To assist the Minister in performing the state management of the prevention and combat of corruption and negative practices; to perform tasks and exercise powers in the prevention and combat of corruption and negative practices in accordance with law.

Article 16. Tasks and powers of the Chief of a Ministerial Inspectorate

In the field of inspection, the Chief of the Ministerial Inspectorate has the following tasks and powers:

1. To lead, direct and examine the inspection work falling under the Ministry’s state management; to lead the Ministerial Inspectorate to perform tasks and exercise powers in accordance with this Law and other relevant laws;

2. To decide on inspection when detecting signs of violation of law;

3. To decide on inspection of the cases related to multiple fields falling under the Ministry’s state management as assigned by the Minister;

4. To decide on re-inspection of the cases on which General Department/Department Inspectorates or other agencies under the Ministry which are assigned to perform the specialized inspection function have made conclusions; or the cases falling under the Ministry’s state management on which provincial Department Inspectorates have made conclusions but which show signs of violation of law as detected through consideration and handling of complaints, denunciations, petitions and reports;

5. To sanction administrative violations or propose competent persons to sanction administrative violations in accordance with the law on handling of administrative violations;

6. To request General Directors/Directors to direct General Department/Department Inspectorates or request heads of other agencies under the Ministry which are assigned to perform the specialized inspection function to conduct inspection falling under such agencies’ management; in case heads of such agencies fail to comply with the request, to report such to the Minister for consideration and decision;

7. To handle overlaps or duplications in activities of inspection bodies as specified at Point g, Clause 2, Article 55 of this Law; to report to the Government Inspector-General for consideration and decision the handling of overlaps or duplications in activities of inspection bodies as specified at Point d, Clause 2, Article 55 of this Law;

8. To consider and handle issues related to specialized inspection work for which Chiefs of provincial Department Inspectorates disagree with provincial Departments’ Directors or for which Chiefs of General Department/Department Inspectorates disagree with General Directors/Directors; in case provincial Departments’ Directors or General Directors/Directors disagree with the handling solutions, to report such to the Minister for consideration and decision;

9. To propose the Minister to suspend according to his/her competence the implementation of illegal decisions in the fields falling under the Ministry’s state management as detected through inspection;

10. To propose the Minister to settle issues related to inspection work;

11. To propose competent state agencies to amend, supplement or promulgate regulations to meet management requirements; to propose the suspension, cancellation or annulment of illegal regulations detected through inspection;

12. To propose the Minister to examine responsibility of and handle persons under his/her management whose violations are detected through inspection or who fail to implement conclusions, recommendations and inspection-related handling decisions; to request heads of other agencies or organizations to examine responsibility of and handle persons managed by such agencies or organizations whose violations are detected through inspection or who fail to implement conclusions, recommendations and inspection-related handling decisions

Article 17. Organization of a Ministerial Inspectorate

1. The Ministerial Inspectorate shall be composed of the Chief, Deputy Chief(s), inspectors and other civil servants.

The Chief of the Ministerial Inspectorate shall be appointed, relieved from duty, dismissed, transferred, rotated or seconded by the Minister after consulting the Government Inspector-General.

2. The organization of the Ministerial Inspectorate must comply with the law on organization of the Government and other relevant laws.

Section 3

GENERAL DEPARTMENT/DEPARTMENT INSPECTORATES

Article 18. Position and functions of General Department/Department Inspectorates

1. The Inspectorate of a General Department/Department under a Ministry is an agency of the General Department/Department which shall perform specialized inspection tasks within the scope of state management assigned to the General Department/Department; and perform the tasks of receiving citizens, settling complaints and denunciations and preventing and combating corruption and negative practices in accordance with law.

2. The Inspectorate of a General Department/Department under a Ministry shall be established in the following cases:

a/ In accordance with law;

b/ In accordance with treaties to which the Socialist Republic of Vietnam is a contracting party;

c/ When the General Department/Department covers a large range of subjects of specialized or sectoral state management involving complicated issues that are important for socio-economic development under the Government’s regulations.

The establishment of the Inspectorate of a General Department/Department under a Ministry must not result in an increase in the number of subordinate units and state payroll of such General Department/Department.

3. The General Department/Department Inspectorate shall submit to the direction and administration by the General Director/Director and submit to the inspection-related direction and professional guidance by the Ministerial Inspectorate.

Article 19. Tasks and powers of General Department/Department Inspectorates

1. In the field of inspection, a General Department/Department Inspectorate shall assist the General Director/Director in performing inspection work and has the following tasks and powers:

a/ To formulate drafts of its own inspection plans and report them to the General Director/Director for consideration and decision before sending such plans to the Ministerial Inspectorate for inclusion in the Ministry’s inspection plans;

b/ To organize the performance of its own inspection tasks in the Ministry’s inspection plans; to conduct specialized inspection of agencies, organizations and individuals falling within the scope of state management decentralized to the General Department/Department;

c/ To inspect other cases as assigned by the Minister or General Director/Director;

d/ To monitor, urge and examine the implementation of its own conclusions and recommendations and inspection-related handling decisions of the General Director/Director;

dd/ To sum up and report on results of inspection work.

2. To perform tasks and exercise powers in the reception of citizens and settlement of complaints and denunciations in accordance with law.

3. To perform tasks and exercise powers in prevention and combat of corruption and negative practices in accordance with law.

Article 20. Tasks and powers of the Chief of a General Department/Department Inspectorate

In the field of inspection, the Chief of a General Department/Department Inspectorate has the following tasks and powers:

1. To lead, direct and examine inspection work falling under the General Department/Department’s management; to lead the General Department/Department Inspectorate in performing tasks and exercising powers in accordance with this Law and other relevant laws;

2. To decide on inspection when detecting signs of violation of law;

3. To sanction administrative violations or propose competent persons to sanction administrative violations in accordance with the law on handling of administrative violations;

4. To report to the General Director/Director for the latter to propose competent state agencies to amend, supplement or promulgate regulations to meet management requirements; to propose the suspension, cancellation or annulment of illegal regulations detected through inspection.

Article 21. Organization of a General Department/Department Inspectorate

1. The General Department/Department Inspectorate shall be composed of the Chief, Deputy Chief(s), inspectors and other civil servants.

The Chief of the General Department/Department Inspectorate shall be appointed, relieved from duty, dismissed, transferred, rotated or seconded by the General Director/Director after consulting the Chief of the Ministerial Inspectorate.

2. The organization of a General Department/Department Inspectorate must comply with the law on organization of the Government and other relevant laws.

Section 4

PROVINCIAL INSPECTORATES

Article 22. Position and functions of a provincial Inspectorate

1. The provincial Inspectorate is a specialized agency under the provincial-level People’s Committee, which shall assist the latter in performing the state management of inspection work, reception of citizens, settlement of complaints and denunciations, and prevention and combat of corruption and negative practices; perform inspection tasks within the scope of state management of the provincial-level People’s Committee; and perform the tasks of receiving citizens, settling complaints and denunciations, and preventing and combating corruption and negative practices in accordance with law.

2. The provincial Inspectorate shall submit to direction and administration by the Chairperson of the provincial-level People’s Committees and submit to inspection-related direction and professional guidance by the Government Inspectorate.

Article 23. Tasks and powers of a provincial Inspectorate

1. In the field of inspection, the provincial Inspectorate shall assist the same-level People’s Committee in performing the state management of inspection work and has the following tasks and powers:

a/ To formulate draft inspection plans of the province or centrally run city (below collectively referred to as provincial inspection plans), guide provincial Department Inspectorates and district Inspectorates in formulating draft inspection plans for inclusion in the provincial inspection plans and submit them to the chairperson of the provincial-level People’s Committee for issuance;

b/ To organize the implementation of its own inspection plans; to monitor, urge and examine the implementation of inspection plans of provincial Department Inspectorates and district Inspectorates;

c/ To inspect the implementation of policies and laws, the performance of tasks and the exercise of powers by agencies and units under the provincial-level People’s Committee and district-level People’s Committees;

d/ To inspect the management of state capital and assets at state enterprises in which the provincial-level People’s Committee acts as the owner’s representative as assigned by the chairperson of the provincial-level People’s Committee;

dd/ To conduct administrative inspection and specialized inspection of agencies, organizations and individuals managed by provincial Departments without inspection bodies;

e/ To inspect other cases as assigned by the chairperson of the provincial-level People’s Committee;

g/ To re-inspect the cases of administrative inspection on which provincial Department Inspectorates or district Inspectorates have made conclusions but which show signs of violation of law;

h/ To monitor, urge and examine the implementation of its own conclusions and recommendations and inspection-related handling decisions of the chairperson of the provincial-level People’s Committee;

i/ To check the accuracy and legality of inspection conclusions of provincial Department Inspectorates and district Inspectorates and post-inspection handling decisions of provincial Departments’ Directors and chairpersons of district-level People’s Committees when necessary;

k/ To provide professional guidance on inspection to provincial Department Inspectorates and district Inspectorates; to organize professional training for civil servants being inspectors of the province or centrally run city;

l/ To sum up and report on results of inspection work.

2. To assist the provincial-level People’s Committee in performing the state management of the reception of citizens and settlement of complaints and denunciations; to perform tasks and exercise powers in the reception of citizens and settlement of complaints and denunciations in accordance with law.

3. To assist the provincial-level People’s Committee in performing the state management of prevention and combat of corruption and negative practices; to perform tasks and exercise powers in the prevention and combat of corruption and negative practices in accordance with law.

Article 24. Tasks and powers of the Chief of a provincial Inspectorate

In the field of inspection, the Chief of the provincial Inspectorate has the following tasks and powers:

1. To lead, direct and examine inspection work falling within the scope of state management by the provincial-level People’s Committee; to lead the provincial Inspectorate in performing tasks and exercising powers in accordance with this Law and other relevant laws;

2. To decide on inspection when detecting signs of violation of law;

3. To request provincial Departments’ Directors or chairpersons of district-level People’s Committees to direct provincial Department Inspectorates and district Inspectorates in conducting inspection when detecting signs of violation of law; in case the Director of a provincial Department or the chairperson of a district-level People’s Committee fails to conduct inspection or a provincial Department has no inspection body, to issue an inspection decision or report such to the chairperson of the provincial-level People’s Committee for consideration and decision;

4. To decide on re-inspection of cases on which provincial Department Inspectorates or district Inspectorates have made conclusions but which show signs of violation of law;

5. To sanction administrative violations or propose competent persons to sanction administrative violations in accordance with the law on handling of administrative violations;

6. To request provincial Departments’ Directors or chairpersons of district-level People’s Committees to examine and remedy violations in sectors, fields and geographical areas falling under the latter’s management which are detected by the provincial Inspectorate through inspection;

7. To handle overlaps or duplications in activities of provincial Department Inspectorates under Point i, Clause 2, Article 55 of this Law;

8. To consider and handle issues related to administrative inspection work on which Chiefs of  provincial Department Inspectorates disagree with provincial Departments’ Directors or on which Chiefs of district Inspectorates disagree with chairpersons of district-level People’s Committees; in case the Director of a provincial Department or the chairperson of a district-level People’s Committees disagrees with the handling solutions of the Chief of the provincial Inspectorate, to report such to the chairperson of the provincial-level People’s Committee for consideration and decision;

9. To propose the chairperson of the provincial-level People’s Committee to settle issues related to inspection work;

10. To propose competent state agencies to amend, supplement or promulgate regulations to meet management requirements; to propose the suspension, cancellation or annulment of illegal regulations detected through inspection;

11. To propose the chairperson of the provincial-level People’s Committee to examine responsibility of and handle persons under the latter’s management whose violations are detected through inspection or who fail to implement conclusions or inspection-related handling decisions; to request heads of other agencies and organizations to examine responsibility of and handle persons managed by such agencies or organizations whose violations are detected through inspection or who fail to implement conclusions and inspection-related handling decisions.

Article 25. Organization of a provincial Inspectorate

1. The provincial Inspectorate shall be composed of the Chief, Deputy Chief(s), inspectors and other civil servants.

The Chief of the provincial Inspectorate shall be appointed, relieved from duty, dismissed, transferred, rotated or seconded by the chairperson of the provincial-level People’s Committee after consulting the Government Inspector-General.

2. The organization of the Provincial Inspectorate must comply with the law on organization of local administration and other relevant laws.

Section 5

PROVINCIAL DEPARTMENT INSPECTORATES

Article 26. Position and functions of a provincial Department Inspectorate

1. The provincial Department Inspectorate is an agency of a provincial Department, which shall perform inspection tasks within the scope in which it is assigned to advise and assist the provincial-level People’s Committee in performing state management work; and performs the tasks of receiving citizens, settling complaints and denunciations and preventing and combating corruption and negative practices in accordance with law.

2. A provincial Department Inspectorate shall be established in the following cases:

a/ In accordance with law;

b/ When the provincial Department covers a wide scope of management subject to complicated specialized management requirements under the Government’s regulations;

 c/ As decided by the provincial-level People’s Committee based on the state management requirements in the locality and assigned state payroll.

3. In a provincial Department without an inspection body, its Director shall assign one of its units to perform tasks and exercise powers in the reception of citizens, settlement of complaints and denunciations and prevention and combat of corruption and negative practices.

4. The provincial Department Inspectorate shall submit to direction and administration by the provincial Department’s Director; submit to inspection-related direction and professional guidance on administrative inspection by the provincial Inspectorate; and submit to professional guidance on specialized inspection by Ministerial Inspectorates.

Article 27. Tasks and powers of a provincial Department Inspectorate

1. In the field of inspection, the provincial Department Inspectorate shall assist the provincial Department’s Director in conducting inspection and has the following tasks and powers:

a/ To formulate drafts of its own inspection plans, and report them to the provincial Department’s Director for consideration and decision before sending such plans to the provincial Inspectorate for inclusion in provincial inspection plans;

b/ To organize the performance of its own inspection tasks in provincial inspection plans; to conduct administrative inspection for units and individuals under the provincial Department; to conduct specialized inspection of agencies, organizations and individuals within the scope in which the provincial Department is assigned to advise and assist the provincial-level People’s Committee in performing state management work;

c/ To inspect other cases as assigned by the provincial Department’s Director;

d/ To monitor, urge and examine the implementation of its own conclusions and recommendations of and inspection-related handling decisions of the provincial Department’s Director;

dd/ To sum up and report on results of inspection work.

2. To perform tasks and exercise powers in the reception of citizens and settlement of complaints and denunciations in accordance with law.

3. To perform tasks and exercise powers in the prevention and combat of corruption and negative practices in accordance with law.

Article 28. Tasks and powers of the Chief of a provincial Department Inspectorate

In the field of inspection, the Chief of the provincial Department Inspectorate has the following tasks and powers:

1. To lead the provincial Department Inspectorate to perform tasks and exercise powers in accordance with this Law and other relevant laws;

2. To decide on inspection when detecting signs of violation of law;

3. To propose the provincial Department’s Director to suspend the implementation of illegal decisions or acts of units and individuals under the Department;

4. To propose the provincial Department’s Director to settle issues related to inspection work;

5. To sanction administrative violations or propose competent persons to sanction administrative violations in accordance with the law on handling of administrative violations.

Article 29. Organization of a provincial Department Inspectorate

1. The provincial Department Inspectorate shall be composed of the Chief, Deputy Chief(s), inspectors and other civil servants.

The Chief of the provincial Department Inspectorate shall be appointed, relieved from duty, dismissed, transferred, rotated or seconded by the provincial Department’s Director after consulting the Chief of the provincial Inspectorate.

2. The organization of a provincial Department Inspectorate must comply with the law on organization of local administration and other relevant laws.

Section 6

DISTRICT INSPECTORATES

Article 30. Position and functions of a district Inspectorate

1. The district Inspectorate is a specialized agency under a district-level People’s Committee, which shall assist the latter in performing the state management of inspection work, reception of citizens, settlement of complaints and denunciations, and prevention and combat of corruption and negative practices; perform inspection tasks within the scope of state management of the district-level People’s Committee; and perform the tasks of receiving citizens, settling complaints and denunciations and preventing and combating corruption and negative practices in accordance
with law.

2. The district Inspectorate shall submit to direction and administration by the chairperson of the district-level People’s Committee and submit to inspection-related direction and professional guidance by the provincial Inspectorate.

Article 31. Tasks and powers of a district Inspectorate

1. In the field of inspection, the district Inspectorate shall assist the same-level People’s Committee in performing the state management of inspection work and has the following tasks and powers:

a/ To formulate drafts of its own inspection plans and report them to the chairperson of the district-level People’s Committee for consideration and decision before sending such plans to the provincial Inspectorate for inclusion in provincial inspection plans;

b/ To organize the performance of its own tasks in provincial inspection plans; to inspect the implementation of policies and laws, the performance of tasks and the exercise of powers by specialized agencies under the district-level People’s Committee and of commune-level People’s Committees;

c/ To inspect other cases as assigned by the chairperson of the district-level People’s Committee;

d/ To monitor, urge and examine the implementation of its own conclusions and recommendations and inspection-related handling decisions of the chairperson of the district-level People’s Committee;

dd/ To sum up and report on results of inspection work.

2. To assist the district-level People’s Committee in performing the state management of the reception of citizens and settlement of complaints and denunciations; and perform tasks and exercise powers in the reception of citizens and settlement of complaints and denunciations in accordance with law.

3. To assist the district-level People’s Committee in performing the state management of the prevention and combat of corruption and negative practices; to perform tasks and exercise powers in the prevention and combat of corruption and negative practices in accordance with law.

Article 32. Tasks and powers of the Chief of a district Inspectorate

In the field of inspection, the Chief of the district Inspectorate has the following tasks and powers:

1. To lead and direct the inspection work within the scope of state management of the district-level People’s Committee; to lead the District Inspectorate to perform tasks and exercise powers in accordance with this Law and other relevant laws;

2. To decide on inspection when detecting signs of violations of law;

3. To propose competent state agencies to amend, supplement or promulgate regulations to meet management requirements; to propose the suspension, cancellation or annulment of illegal regulations detected through inspection;

4. To propose the chairperson of the district-level People’s Committee to settle issues related to inspection work;

5. To propose the chairperson of the district-level People’s Committee to examine responsibility of and handle persons under his/her management whose violations are detected through inspection or who fail to implement conclusions and inspection-related handling decisions; to request heads of other agencies or organizations to examine responsibility of and handle persons managed by such agencies or organizations whose violations are detected through inspection or who fail to implement conclusions and inspection-related handling decisions;

6. To request heads of specialized agencies under the district-level People’s Committee and chairpersons of commune-level People’s Committees to consider and remedy violations in sectors, fields and geographical areas under their management which are detected by the district Inspectorate through inspection.

Article 33. Organization of a district Inspectorate

1. The district Inspectorate shall be composed of the Chief, Deputy Chief(s), inspectors and other civil servants.

The Chief of the district Inspectorate shall be appointed, relieved from duty, dismissed, transferred, rotated and seconded by the chairperson of the district-level People’s Committee after consulting the Chief of the provincial Inspectorate.

2. The organization of the district Inspectorate must comply with the law on organization of local administration and other relevant laws.

Section 7

INSPECTION BODIES IN GOVERNMENT-ATTACHED AGENCIES

Article 34. Establishment of inspection bodies in government-attached agencies

1. The Government shall consider and decide on the establishment of an inspection body in a government-attached agency when such government-attached agency fully satisfies the following conditions:

a/ Being assigned to perform a number of state management tasks;

b/ Being assigned inspection tasks under law.

2. The organization of inspection bodies in government-attached agencies must comply with the law on organization of the Government and other relevant laws.

Article 35. Tasks and powers of inspection bodies in government-attached agencies

1. Inspection bodies in government-attached agencies shall perform inspection tasks within the scope of management by government-attached agencies.

2. The Government shall define the tasks, powers and operation of inspection bodies in government-attached agencies.

Section 8

AGENCIES ASSIGNED TO PERFORM THE SPECIALIZED INSPECTION FUNCTION

Article 36. Assignment for performance of the specialized inspection function

Agencies shall be assigned to perform the specialized inspection function in the following cases:

1. In accordance with law;

2. Based on practical requirements, the Government shall assign agencies performing sector-based state management tasks to perform the specialized inspection function at the request of the Government Inspector-General after reaching agreement with the Ministers in charge of relevant sectors and fields.

Article 37. Inspection activities of agencies assigned to perform the specialized inspection function

1. Agencies assigned to perform the specialized inspection function may not establish inspection bodies, except the cases specified in Clause 2, Article 18 and Clause 1, Article 34 of this Law; inspection activities shall be conducted by persons assigned to perform specialized inspection tasks in accordance with this Law and other relevant laws.

2. In inspection activities, heads of agencies assigned to perform the specialized inspection function shall perform tasks and exercise powers of heads of inspection bodies; persons assigned to perform specialized inspection tasks shall perform tasks and exercise powers of members of inspection teams who are inspectors in accordance with this Law and other relevant laws.

3. In pursuance to this Law, the Government shall provide for inspection activities and the implementation of inspection conclusions by agencies assigned to perform the specialized inspection function.

Chapter III

INSPECTORS, PERSONS ASSIGNED TO PERFORM SPECIALIZED INSPECTION TASKS

Article 38. Inspectors, persons assigned to perform specialized inspection tasks

1. Inspector is a person who is appointed to the inspector rank to perform tasks and exercise powers in inspection activities in accordance with law.

2. Inspectors include inspectors, principal inspectors and senior inspectors.

3. Persons assigned to perform specialized inspection tasks must be civil servants of agencies assigned to perform the specialized inspection function, unless they are public employees in government-attached agencies under the Government’s regulations.

Persons assigned to perform specialized inspection tasks must have professional qualifications suitable to their specialties, be knowledgeable about law, have inspection expertise, and have at least 1 year’s experience in the fields in which they are assigned to perform specialized inspection tasks, excluding the probation period.

4. Inspectors and persons assigned to perform specialized inspection tasks shall comply with law and be held responsible to the heads of their managing agencies and before law for the performance of tasks and the exercise of powers.

5. The Government shall detail this Article.

Article 39. Criteria for a person to be appointed to the inspector rank

1. Being a civil servant, an officer of the People’s Army, an officer of the People’s Public Security forces, or a person engaged in cipher work, unless otherwise provided by the Government for inspectors of inspection bodies established in accordance with law or treaties to which the Socialist Republic of Vietnam is a contracting party or under Clause 3, Article 9 of this Law.

2. Being loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam; having good moral qualities; having a sense of responsibility, and being upright, honest, impartial and objective.

3. Possessing a university or higher degree, and being knowledgeable about state management and law; inspectors in specialized fields must also have professional knowledge of such specialties.

4. Possessing a certificate of professional training for inspectors and other certificates in accordance with the law on cadres, civil servants and public employees.

5. Having at least 2 years’ experience in inspection work, excluding the probation period, or at least 5 years’ working experience for cadres, civil servants, public employees, officers of the People’s Army, officers of the People’s Public Security forces, or persons engaged in cipher work in other agencies, organizations and units who are transferred to inspection bodies.

Article 40. Criteria for a person to be appointed to the rank of principal inspector

1. Satisfying the criteria specified in Article 39 of this Law.

2. Possessing a certificate of professional training for principal inspectors and other certificates in accordance with the law on cadres, civil servants and public employees.

3. Having been in the inspector rank or the equivalent for at least 9 years.

4. Having passed a rank promotion exam or being eligible for rank promotion consideration from the inspector rank to the rank of principal inspector or being eligible for rank change consideration in accordance with the law on cadres, civil servants and public employees.

Article 41. Criteria for a person to be appointed to the rank of senior inspector

1. Satisfying the criteria specified in Article 39 of this Law.

2. Possessing a certificate of professional training for senior inspectors and other certificates in accordance with the law on cadres, civil servants and public employees.

3. Having been in the rank of principal inspector or the equivalent for at least 6 years.

4. Having passed a rank promotion exam or being eligible for rank promotion consideration from the rank of principal inspector to the rank of senior inspector or being eligible for rank change consideration in accordance with the law on cadres, civil servants and public employees.

Article 42. Relief from duty of inspectors

1. An inspector shall be relieved from duty in the following cases:

a/ He/she retires, resigns, or is transferred to another sector;

b/ He/she cannot complete his/her assigned tasks due to poor health, family circumstances or other reasons;

c/ He/she is convicted by the court and the court judgment or ruling has taken legal effect;

d/ He/she commits one of the prohibited acts specified in Article 8 of this Law;

dd/ He/she has not fulfilled his/her tasks for 1 year while being in the current rank;

e/ After appointed to the current rank, he/she is detected to have committed fraudulent acts in the rank promotion exam or made untruthful declarations in the dossier for appointment to the rank;

g/ Other cases as specified by the law on cadres, civil servants and public employees.

2. The Government shall provide the competence, order and procedures for relief from duty of inspectors.

Article 43. Inspector uniforms and cards

1. Inspectors shall be supplied with inspector uniforms and cards under the Government’s regulations to wear when performing inspection tasks.

2. Persons assigned to perform specialized inspection tasks shall be supplied with specialized inspector uniforms and cards under regulations of ministers or heads of government-attached agencies to wear when performing specialized inspection tasks.

Chapter IV

INSPECTION ACTIVITIES

Section 1

GENERAL PROVISIONS

Article 44. Formulation and promulgation of orientations for inspection programs

1. By September 30 of a year at the latest, the Government Inspector-General shall submit to the Prime Minister for approval orientations for inspection programs for the following year.

2. By October 15 of a year at the latest, the Prime Minister shall consider and approve orientations for inspection programs for the following year.

Article 45. Formulation and promulgation of inspection plans

1. The formulation and promulgation of inspection plans must be based on orientations for inspection programs, guidance of superior inspection bodies, requirements of socio-economic development tasks, and management activities within the scope of management by sectors, fields and localities.

2. Inspection plans include inspection plans of the Government Inspectorate, ministerial inspection plans and provincial inspection plans.

Ministerial inspection plans include inspection plans of Ministerial Inspectorates and General Department/Department Inspectorates, ensuring that there are neither overlaps nor duplications in inspection activities of these Inspectorates.

Provincial inspection plans include inspection plans of provincial Inspectorates, provincial Department Inspectorates and district Inspectorates, ensuring that there are neither overlaps nor duplications in inspection activities of these Inspectorates.

3. By October 25 every year at the latest, based on orientations for inspection programs, the Government Inspector-General shall guide Ministerial Inspectorates and provincial Inspectorates in formulating drafts of ministerial and provincial inspection plans.

By October 30 every year at the latest, based on orientations for inspection programs and guidance of the Government Inspectorate, Ministerial Inspectorates shall guide General Department/Department Inspectorates, while provincial Inspectorates shall guide provincial Department Inspectorates and district Inspectorates in formulating draft inspection plans of their own agencies.

4. By November 15 every year at the latest, the Government Inspectorate shall promulgate its inspection plans.

5. By November 10 every year at the latest, General Department/Department Inspectorates shall send their draft inspection plans to Ministerial Inspectorates for inclusion in ministerial inspection plans; provincial Department Inspectorates and district Inspectorates shall send their draft inspection plans to provincial Inspectorates for inclusion in provincial inspection plans.

6. By November 30 every year at the latest, Chiefs of Ministerial Inspectorates shall submit ministerial inspection plans to Ministers for promulgation; Chiefs of provincial Inspectorates shall submit provincial inspection plans to provincial-level People’s Committee chairpersons for promulgation.

By December 10 every year at the latest, Ministers shall promulgate ministerial inspection plans.

By December 20 every year at the latest, provincial-level People’s Committee chairpersons shall promulgate provincial inspection plans.

7. Inspection plans specified in Clauses 4 and 6 of this Article shall be promptly sent to inspected subjects, state audit offices and related agencies and organizations.

Article 46. Inspection forms

1. Inspection activities shall be conducted in the form of scheduled inspection or unscheduled inspection.

2. Scheduled inspection shall be conducted under promulgated inspection plans.

3. Unscheduled inspection shall be conducted upon detection of signs of violation committed by agencies, organizations and individuals or to meet requirements of the settlement of complaints or denunciations, prevention and combat of corruption and negative practices or as assigned by heads of competent state management agencies.

Article 47. Inspection duration

1. The duration of an inspection is specified as follows:

a/ The duration of an inspection conducted by the Government Inspectorate must not exceed 60 days. In complicated cases, the inspection duration may be extended once for up to 30 days. In particularly complicated cases, the inspection duration may be extended for the second time for up to 30 days;

b/ The duration of an inspection conducted by a Ministerial Inspectorate, General Department/Department Inspectorate or provincial Inspectorate must not exceed 45 days. In complicated cases, the inspection duration may be extended once for up to 30 days;

c/ The duration of an inspection conducted by a provincial Department Inspectorate or district Inspectorate must not exceed 30 days. In complicated cases, the inspection duration may be extended once for up to 15 days.

2. The period of inspection suspension specified in Article 70 of this Law shall not be included in the inspection duration.

Article 48. Extension of inspection duration 

1. Complicated cases in which the inspection duration is eligible for extension include:

a/ It is necessary to solicit expert assessment or verify and clarify cases or matters involving foreign elements falling within inspection contents and scope;

b/ It is necessary to verify and clarify corruptive acts or negative practices in accordance with the law on prevention and combat of corruption and negative practices;

c/ Where inspected subjects and related agencies, organizations and individuals fail to cooperate in, or obstruct, oppose or cause difficulties to, inspection activities, thus affecting the inspection duration.

2. Particularly complicated cases in which the inspection duration is eligible for extension include:

a/ A complicated inspection relating to multiple fields or localities;

b/ An inspection involving at least 2 factors specified in Clause 1 of this Article.

3. The extension of inspection duration shall be considered and decided by inspection decision issuers.

Heads of inspection teams shall send to inspection decision issuers written requests for extension of inspection duration enclosed with draft decisions on extension of inspection duration. Such a request must clearly state the reason for extension and duration to be extended.   

4. Decisions on extension of inspection duration shall be sent to inspection teams, inspected subjects and related agencies, organizations and individuals.

Article 49. Order and procedures for conducting an administrative inspection

1. Inspection preparation, covering the following steps:

a/ Collection of information for inspection preparation;

b/ Issuance of an inspection decision;

c/ Formulation and sending of an outline requesting the inspected subject to report;

d/ Notification of the announcement of the inspection decision.

2. Performance of direct inspection, covering the following steps:

a/ Announcement of the inspection decision;

b/ Collection of information and documents related to inspection contents;

c/ Examination and verification of information and documents;

d/ Completion of direct inspection.

3. Completion of an inspection, covering the following steps:

a/ Reporting on inspection results;

b/ Formulation of draft inspection conclusions;

c/ Appraisal of draft inspection conclusions;

d/ Issuance of inspection conclusions;

dd/ Publicization of inspection conclusions.

Article 50. Order and procedures for conducting a specialized inspection

1. The order and procedures for conducting a specialized inspection are specified as follows:

a/ Inspection preparation, covering issuance of an inspection decision, and notification of the announcement of the inspection decision, except the case specified in Clause 2, Article 63 of this Law.

To ensure a focused inspection, avoiding overlaps and duplications, the head of the inspection body may, before issuing the inspection decision, decide on the collection of information under Article 58 of this Law;

b/ Performance of direct inspection, covering announcement of the inspection decision, except the case specified in Clause 3, Article 64 of this Law; collection of information and documents related to inspection contents; examination and verification of information and documents; sanctioning of administrative violations (if any) in the course of inspection; and completion of the direct inspection;

c/ Completion of an inspection, covering reporting on inspection results; formulation of draft inspection conclusions; appraisal of draft inspection conclusions, except the case specified in Clause 1, Article 77 of this Law in which it is unnecessary to appraise draft inspection conclusions; issuance of inspection conclusions; and publicization of inspection conclusions.

2. In case other laws contain provisions on the order and procedures for conducting a specialized inspection which are different from Clause 1 of this Article, such provisions shall prevail.

3. To meet special management requirements of sectors and fields, and at the request of ministers or heads of government-attached agencies, the Government may provide the order and procedures for conducting a specialized inspection differently from Clause 1 of this Article, which must have at least the procedures for issuance of an inspection decision, announcement of an inspection decision, examination and verification of information and documents, issuance of inspection conclusions, and publicization of inspection conclusions.

Article 51. Grounds for issuance of inspection decisions 

The issuance of an inspection decision must be based on one of the following grounds:

1. Inspection plan;

2. Request of the head of a state management agency;

3. When signs of violation are detected;

4. To meet requirements of the settlement of complaints or denunciations or prevention and combat of corruption and negative practices;

5. Other relevant grounds as specified by law.

Article 52. Responsibilities of heads of state management agencies, inspection decision issuers and heads of inspection teams

1. Heads of state management agencies shall:

a/ Request same-level inspection bodies to conduct inspection in case of detecting signs of violation or to meet requirements of the settlement of complaints and denunciations or prevention and combat of corruption and negative practices;

b/ Ensure that activities of inspection teams are carried out for proper purposes, meeting requirements and adhering to principles of inspection activities; refrain from illegally interfering in inspection activities;

c/ Promptly handle inspection-related recommendations and direct and organize the implementation of inspection conclusions in accordance with law.

2. Inspection decision issuers shall organize and direct inspection teams, ensuring adherence to principles of inspection activities and ensuring that an inspection is conducted lawfully and properly and meets requirements; promptly realize recommendations of inspection teams and settle complaints, denunciations, recommendations and reports related to activities of inspection teams.

3. Heads of inspection teams shall lead their teams and direct their team members in strictly observing the inspection scope, contents and schedule under inspection decisions and plans for conducting inspection; implement the information and reporting regime at the request of inspection decision issuers; and take responsibility before inspection decision issuers for activities of their inspection teams.

Article 53. Assurance of order and discipline in inspection activities

1. Inspection activities shall be carried out solely according to the headship regime. Members of inspection teams shall abide by decisions and direction of heads of inspection teams. Heads and other members of inspection teams shall abide by decisions and direction of inspection decision issuers.

2. Heads and other members of inspection teams may reserve their opinions on inspection results.

Article 54. Handling of violations committed by persons conducting inspection      

1. Inspection decision issuers, heads of inspection teams, inspectors, and other members of inspection teams who have not fulfilled their inspection tasks, or intentionally fail to detect violations or fail to handle violations or fail to propose handling of violations after detecting them, or commit other violations of the inspection law shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability; if causing damage, they shall pay compensation therefor in accordance with law.

2. After the inspection is completed, if another competent agency detects a case or matter involving violations occurring in the inspected agency, organization or unit concerning the same content for which the head or a member of the inspection team is at fault, he/she shall bear responsibility for such violation and, depending on the nature and severity of the violation, be disciplined or examined for penal liability in accordance with law.

3. In case the inspection team has detected and reported on a case or matter showing a sign of violation but the inspection decision issuer fails to handle such violation, the head or a member of the inspection team will not have to bear responsibility. In this case, the inspection decision issuer shall bear responsibility in accordance with law.

In case a member of the inspection team has detected and reported on a case or matter showing a sign of violation but the head of the inspection team fails to handle such violation, such member will not have to bear responsibility. In this case, the head of the inspection team shall bear responsibility in accordance with law.

Article 55. Handling of overlaps or duplications in inspection activities

1. When conducting inspection and state audit activities, if detecting overlaps or duplications, inspection bodies shall coordinate with state audit offices in handling such overlaps or duplications in accordance with the Law on State Audit and this Law, ensuring that a specific activity of an organization or individual is the inspected subject of only one inspection body or state audit office.

2. Overlaps or duplications in activities of inspection bodies shall be handled as follows:

a/ In case of overlaps or duplications in activities of the Government Inspectorate and other inspection agencies, the Government Inspectorate shall conduct inspection;

b/ In case of overlaps or duplications in activities of Ministerial Inspectorates, the Chiefs of Ministerial Inspectorates shall exchange their opinions and reach agreement on handling the case. If no agreement is reached, they shall report the case to the Government Inspector-General for consideration and decision;

c/ In case of overlaps or duplications in activities of Ministerial Inspectorates and provincial Inspectorates, provincial Department Inspectorates or district Inspectorates, the Chiefs of Ministerial Inspectorates shall exchange opinions and reach agreement with the Chiefs of provincial Inspectorates, Chiefs of provincial Department Inspectorates or Chiefs of district Inspectorates on handling the case. If no agreement is reached, Ministerial Inspectorates shall conduct inspection;

d/ In case of overlaps or duplications in activities of Ministerial Inspectorates or General Department/Department Inspectorates and inspection bodies of government-attached agencies, the Chiefs of Ministerial Inspectorates shall exchange opinions and reach agreement with heads of such inspection bodies on handling the case. If no agreement is reached, the Chiefs of Ministerial Inspectorates shall report the case to the Government Inspector-General for consideration and decision;

dd/ In case of overlaps or duplications in activities of inspection bodies of government-attached agencies and provincial Inspectorates, provincial Department Inspectorates or district Inspectorates, heads of such inspection bodies shall exchange opinions and reach agreement with the Chiefs of provincial Inspectorates, Chiefs of provincial Department Inspectorates or Chiefs of district Inspectorates on handling the case. If no agreement is reached, inspection bodies of government-attached agencies shall conduct inspection;

e/ In case of overlaps or duplications in activities of General Department/Department Inspectorates and provincial Inspectorates, provincial Department Inspectorates or district Inspectorates, the Chiefs of General Department/Department Inspectorates shall exchange opinions and reach agreement with the Chiefs of provincial Inspectorates, Chiefs of provincial Department Inspectorates or Chiefs of district Inspectorates on handling the case. If no agreement is reached, General Department/Department Inspectorates shall conduct inspection;

g/ In case of overlaps or duplications in activities of General Department/Department Inspectorates in the same ministry, the Chiefs of General Department/Department Inspectorates shall exchange their opinions and reach agreement on handling the case. If no agreement is reached, they shall report the case to the Chiefs of Ministerial Inspectorates for consideration and decision;

h/ In case of overlaps or duplications in activities of provincial Inspectorates and provincial Department Inspectorates or district Inspectorates, the Chiefs of provincial Inspectorates shall exchange opinions and reach agreement with the Chiefs of provincial Department Inspectorates or Chiefs of district Inspectorates on handling the case. If no agreement is reached, provincial Inspectorates shall conduct inspection;

i/ In case of overlaps or duplications in activities of provincial Department Inspectorates, the Chiefs of provincial Department Inspectorates shall exchange their opinions and reach agreement on handling the case. If no agreement is reached, they shall report the case to the Chiefs of provincial Inspectorates for consideration and decision;

k/ In case of overlaps or duplications in activities of provincial Department Inspectorates and district Inspectorates, the Chiefs of provincial Department Inspectorates shall exchange opinions and reach agreement with the Chiefs of district Inspectorates in handling the case. If no agreement is reached, provincial Department Inspectorates shall conduct inspection;

l/ The handling of overlaps or duplications in activities of inspection bodies of special administrative-economic units and other inspection bodies shall be provided by the Government Inspector-General upon the establishment of such special administrative-economic units.

3. The handling of overlaps or duplications in activities of inspection bodies not falling into the cases specified in Clause 2 of this Article shall be provided or considered and conducted by the Government Inspector-General.

Article 56. Re-inspection

1. Re-inspection shall be conducted when there is one of the following grounds:

a/ A serious violation related to the order and procedures is committed in the course of inspection;

b/ An error is committed in the application of law for making inspection conclusions;

c/ A content in inspection conclusions is not conformable with evidences collected in the course of inspection;

d/ A person conducting inspection has intentionally falsified the case or matter file or intentionally made an illegal conclusion;

dd/ There is a sign of serious violation of the inspected subject which has not yet been fully detected through inspection.

2. The statute of limitations for re-inspection is 2 years from the date of signing for issuance of inspection conclusions.

3. Re-inspection conclusions must have the contents specified in Clause 2, Article 78 of this Law and clearly state responsibilities of inspection bodies and persons conducting inspection in the previous inspection.

4. The Government shall detail this Article.

Article 57. Inspection dossiers  

1. Inspection decision issuers shall direct and examine the compilation and handover of inspection dossiers.

2. An inspection dossier shall be opened on the date when a competent person signs for issuance the inspection decision and concluded on the date when a competent person issues a document on organization of the implementation of inspection conclusions.

3. Within 15 days after an inspection dossier is concluded, the head of the inspection team shall complete the compilation and handover of such dossier to the agency conducting inspection.

Section 2

INSPECTION PREPARATION

Article 58. Collection of information for inspection preparation

1. Before issuing inspection decisions, based on their functions, tasks and powers, heads of inspection bodies shall assign persons to collect relevant information to clarify the necessity for conducting inspection, thereby ensuring focused inspection and avoiding overlaps and duplications.

2. In case of necessity to clarify or add information for issuance of inspection decisions, heads of inspection bodies shall request to-be-inspected agencies, organizations and individuals to provide information on to-be-inspected contents or appoint information collectors to personally work with to-be-inspected agencies, organizations and individuals.

3. Information collectors shall report information collection results in writing to heads of inspection bodies, clearly stating contents that need to be inspected.

Article 59. Issuance of inspection decisions    

1. Heads of inspection bodies shall base themselves on Article 51 of this Law to issue inspection decisions.

2. An inspection decision must have the following contents:

a/ Grounds for issuance of the decision;

b/ Inspection scope, contents, subjects, period and tasks;

c/ Inspection duration;

d/ Formation of an inspection team, which shall be composed of its head, deputy head (if any), and other members.

3. For a scheduled inspection, the inspection decision shall be sent to the inspected subject and announced at least 15 days before the date of direct inspection.

4. For an unscheduled inspection, the inspection decision shall be sent to the inspected subject and announced before the direct inspection is conducted, except the case specified in Clause 3, Article 64 of this Law.

Article 60. Inspection teams 

1. Inspection teams shall be formed to perform inspection tasks and automatically dissolve after their heads hand over inspection dossiers to agencies conducting inspection.

2. An inspection team shall be composed of its head and other members. Other members of an inspection team include inspectors and other persons other than inspectors joining the inspection team.

In case of necessity, an inspection team may have its deputy head to assist its head in performing his/her assigned tasks and take charge of a number of activities of the inspection team when assigned by the head.

The head and deputy head (if any) of an inspection team must be those already appointed to the inspector rank.

Inspectors and other members of an inspection team shall perform their tasks as assigned by the head of the inspection team.

3. In case of necessity, heads of inspection bodies shall requisition inspectors of subordinate inspection bodies or persons having professional expertise in other agencies or units to join inspection teams. The requisitioning of inspectors and criteria, entitlements and policies applicable to requisitioned inspectors shall be provided by the Government.

4. Heads and other members of inspection teams must be those possessing good ethical qualities and professional qualifications and not in conflicts of interest while performing their inspection tasks.

5. Inspection decision issuers may suspend or replace heads and other members of inspection teams who fail to satisfy requirements of inspection tasks, commit violations, are in conflicts of interest, or are unable to perform their inspection tasks for objective reasons.

6. The Government shall detail this Article.

Article 61. Formulation and dissemination of plans for conducting inspection

1. Heads of inspection teams shall assume the prime responsibility for formulating plans for conducting inspection, and submit such plans to inspection decision issuers for approval.

2. A plan for conducting inspection must have the following contents:

a/ Purposes and requirements of inspection;

b/ Inspection scope, contents, subjects, period and duration;

c/ Method of conducting inspection;

d/ Implementation schedule;

dd/ Information and reporting regime;

e/ Use of means, funding sources and other physical conditions to serve activities of the inspection team.

3. Heads of inspection teams shall organize meetings of inspection teams to disseminate plans for conducting inspection and assign tasks to members of inspection teams.

Article 62. Formulation of outlines to request inspected subjects to report

1. Based on inspection contents and plans for conducting inspection, heads of inspection teams shall formulate outlines to request inspected subject to report.

2. At least 5 working days before the expected date of announcement of the inspection decision, the head of the inspection team shall send to the inspected subject a written request for preparation of a report on inspection contents according to the report outline. Such request must clearly state reporting contents, form and time limit.

Article 63. Notification of announcement of inspection decisions    

1. Heads of inspection teams shall send notices of announcement of inspection decisions to inspected subjects. Such a notice must clearly state the inspection place, time and participants.

2. For specialized inspection activities, in case of detecting a violation that needs to be immediately inspected, the announcement of the inspection decision may not be notified to the inspected subject.

Section 3

PERFORMANCE OF DIRECT INSPECTION

Article 64. Announcement of inspection decisions

1. Heads of inspection teams shall assume the prime responsibility for announcing inspection decisions. In case of necessity, inspection decision issuers shall assume the prime responsibility for announcing inspection decisions.

2. Participants in the meeting to announce an inspection decision include the inspection team and a representative of leaders of the inspected agency, organization or individual. In case of necessity, the head of the inspection team may invite representatives of leaders of the agency conducting inspection and related agencies, organizations and individual to participate in the meeting to announce the inspection decision.

The announcement of inspection decisions must be recorded in minutes.

3. For specialized inspection activities, in case of detecting a violation that needs to be immediately inspected, the announcement of the inspection decision may be conducted after the minutes of violation committed by the inspected subject is made. In case the inspected subject is intentionally absent, the head of the inspection team shall make a minutes of the absence, certified by the commune-level People’s Committee, and continue conducting inspection as scheduled.

Article 65. Working places and time of inspection teams

1. Inspection teams shall work at offices or workplaces of inspected agencies and organizations, offices of agencies conducting inspection or places where the examination and verification are conducted under plans for conducting inspection.

2. Inspection teams shall work with inspected subjects and related agencies, organizations and individuals within the law-specified working hours. In case it is necessary to work beyond the law-specified working hours, heads of inspection teams shall decide on a specific timeframe after exchanging opinions with inspected subjects and take responsibility for their decisions.

3. Working places and time of inspection teams and the change thereof shall be notified in advance to inspected subjects and related agencies, organizations and individuals.

Article 66. Collection of information and documents related to inspection contents

1. In the course of inspection, heads of inspection teams and inspectors shall request inspected subjects to report according to outlines; and request inspected subjects and related agencies, organizations and individuals to provide information and documents related to inspection contents.

2. Files and documents that do not need to be stored shall be returned by recipients to inspected subjects and related agencies, organizations and individuals no later than the date of completion of direct inspection.

3. The handover, receipt and return of files and documents shall be recorded in minutes.

4. The management, exploitation and use of inspection information and documents must comply with the inspection law and relevant regulations.

Article 67. Examination and verification of information and documents

1. Heads and other members of inspection teams shall study collected information and documents; evaluate inspected subjects in the observance of policies and laws, the performance of tasks and the exercise of powers related to inspection contents.

Heads of inspection teams and inspectors may request responsible persons and related persons to make explanations about unclear matters. In case of necessity to directly work with inspected subjects and related persons, inspectors shall report it to heads of inspection teams for consideration and decision.

2. In case of necessity to examine and verify information and documents or clarify matters related to inspection contents, heads of inspection teams or inspection decision issuers shall invite inspected subjects and representatives of related agencies, organizations and individuals to work or request inspected subjects to report.

3. In case of necessity to examine and verify facts or clarify matters related to facts that have occurred or are occurring, inspection decision issuers, heads of inspection teams or inspected subjects may additionally invite representatives of local administrations or other persons to act as witnesses.

Article 68. Handling of violations in the course of conducting inspection

1. Persons conducting inspection shall apply measures according to their competence provided in this Law and relevant regulations to stop violations and promptly protect interests of the State and lawful rights and interests of agencies, organizations and individuals. For violations of inspected subjects and related agencies, organizations and individuals falling beyond their competence, heads of inspection teams shall propose inspection decision issuers or heads of competent state agencies to handle them.

2. Heads of inspection teams and inspectors who detect administrative violations shall compel the termination of such violations, consider applying measures to prevent, and secure the handling of, administrative violations, and promptly impose sanctions in accordance with the Law on Handling of Administrative Violations without having to await inspection conclusions.

3. In case of detecting cases or matters showing signs of crime, heads of inspection teams shall report thereon to inspection decision issuers for the latter to promptly forward case or matter files together with relevant documents and written proposals on initiation of criminal cases to competent investigation bodies for consideration and handling in accordance with law and notify such to same-level people’s procuracies.

Inspection teams shall continue the inspection under approved plans for conducting inspection; inspection decision issuers shall issue inspection conclusions in accordance with law.

Investigation bodies shall notify inspection bodies of results of the settlement of cases or matters. In case the time limit for consideration and settlement of criminal case initiation proposals specified in the Criminal Procedure Code has expired but inspection bodies that have made such proposals receive no notices of settlement results or disagree with such results, they shall exchange opinions with investigation bodies and same-level people’s procuracies for identification of reasons. If they still disagree with the settlement results after exchanging opinions, they shall propose investigation bodies and superior people’s procuracies to consider and settle the cases or matters, and report such to superior inspection bodies.

4. Inspected subjects and related agencies, organizations and individuals that commit prohibited acts or breach the obligations of inspected subjects specified in this Law shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensation therefor in accordance with law.

Article 69. Modification and supplementation of contents of plans for conducting inspection    

1. In the course of inspection, inspection decision issuers may modify or supplement contents of plans for conducting inspection at the request of heads of inspection teams or at the proposal of heads of same-level state management agencies.

2. Heads of inspection teams shall notify modified or supplemented contents of plans for conducting inspection to members of inspection teams.

Article 70. Suspension of an inspection

1. The inspection decision issuer shall decide to suspend an inspection in the following cases:

a/ A force majeure event occurs, affecting the progress of the inspection;

b/ The inspected subject requests suspension of the inspection for a plausible reason and such request is consented to by the inspection decision issuer. In this case, the period of suspension of the inspection must not exceed 30 days.

2. Upon suspension of an inspection, the inspection decision issuer shall consider cancellation of the applied measure or application of a measure according to his/her competence without obstructing the normal operation of the inspected subject.

3. The inspection issuer shall decide to resume the inspection as soon as the reason for suspension of the inspection no longer exists or the suspension period specified at Point b, Clause 1 of this Article expires.

4. Inspection suspension decisions and inspection resumption decisions shall be sent to inspected subjects.

Article 71. Termination of an inspection

1. The inspection decision issuer shall decide to terminate an inspection in the following cases:

a/ The inspected individual has died or the inspected agency or organization has been dissolved or gone bankrupt without any agency, organization or individual taking over his/her/its rights and obligations;

b/ Inspection contents have been concluded by a superior inspection body;

c/ The investigation body has issued a decision to initiate a criminal case on the same inspection contents;

d/ The head of the same-level state management agency requests in writing termination of the inspection;

dd/ The inspection falls into a case of overlaps or duplications in inspection activities and has been handled under Article 55 of this Law.

2. Upon termination of an inspection, the person conducting inspection shall cancel measures applied according to his/her competence in the course of inspection.

3. Inspection termination decisions shall be sent to inspected subjects.

Article 72. Completion of performance of direct inspection

Upon the completion of performance of direct inspection at places where the inspection is conducted, heads of inspection teams shall report thereon in writing to inspection decision issuers and notify such in writing to inspected subjects. In case of necessity, they shall organize working sessions with inspected subjects to notify the completion of performance of direct inspection.

Section 4

COMPLETION OF AN INSPECTION

Article 73. Reports on inspection results

1. After completing the performance of direct inspection, heads of inspection teams shall make and send reports on inspection results to inspection decision issuers. A report on inspection results must have the following contents:

a/ Specific conclusions on contents for which the inspection has been conducted;

b/ Contents clearly stating the nature, severity and consequences of violations (if any); causes of such violations and responsibilities of agencies, organizations and individuals committing such violations;

c/ Divergent opinions (if any) of the head and other members of the inspection team on contents of the report;

d/ Applied measures and proposed measures and solutions to handle and remedy consequences (if any).

2. In case a corruptive act or negative practice is detected through inspection, a report on inspection results must also clearly state responsibilities of the head of the agency or organization for letting such act or practice occur, clarifying the following levels:

a/ Inadequate management capacity;

b/ Irresponsibility in management;

c/ Concealment of the person(s) committing the corruptive act or negative practice.

3. Reports on inspection results must clearly cite regulations serving as a basis for determination of the nature and severity of violations, propose measures and solutions to handle such violations and remedy consequences.

4. The time limit for making a report on inspection results shall be counted from the date on which the inspection team completes the performance of direct inspection and specified as follows:

a/ Thirty days, for inspections conducted by the Government Inspectorate; for complicated cases, this time limit may be extended to 45 days;

b/ Twenty days, for inspections conducted by Ministerial Inspectorates, General Department/Department Inspectorates or provincial Inspectorates; for complicated cases, this time limit may be extended to 30 days;

c/ Fifteen days, for inspections conducted by provincial Department Inspectorates or district Inspectorates; for complicated cases, this time limit may be extended to 20 days.

Article 74. Consideration of reports on inspection results

Inspection decision issuers shall consider and evaluate contents of reports on inspection results of inspection teams.

In case of necessity, inspection decision issuers shall request heads of inspection teams to clarify or supplement contents of reports on inspection results.

Article 75. Formulation of draft inspection conclusions

1. Within 5 working days after receiving reports on inspection results, inspection decision issuers shall assign heads of inspection teams to formulate draft inspection conclusions. Draft inspection conclusions must have the contents specified in Clause 2, Article 78 of this Law.

2. In the course of formulating draft inspection conclusions, inspection decision issuers may request heads and other members of inspection teams to report and request inspected subjects or related agencies, organizations and individuals to explain and further clarify contents on which inspection conclusions are expected to be made.

3. The explanation shall be made in writing and supported by information, documents and evidences. Heads of inspection teams shall study and propose inspection decision issuers to handle contents explained by inspected subjects.

4. Draft inspection conclusions shall be sent to other members of inspection teams for opinion before being submitted to inspection decision issuers.

Other members of inspection teams may reserve their opinions on contents of draft inspection conclusions. Heads of inspection teams may reserve their opinions on contents of inspection conclusions before inspection decision issuers. Reserved opinions shall be presented in writing and enclosed with draft inspection conclusions.

5. The time limit for formulation of draft inspection conclusions shall be counted from the date on which inspection decision issuers assign the task of formulating draft inspection conclusions and specified as follows:

a/ Thirty days, for inspections conducted by the Government Inspectorate; for complicated cases, this time limit may be extended to 45 days;

b/ Twenty days, for inspections conducted by Ministerial Inspectorates, General Department/Department Inspectorates or provincial Inspectorates; for complicated cases, this time limit may be extended to 30 days;

c/ Fifteen days, for inspections conducted by provincial Department Inspectorates or district Inspectorates; for complicated cases, this time limit may be extended to 20 days.

Article 76. Solicitation of opinions on draft inspection conclusions

In the course of formulation of draft inspection conclusions, inspection decision issuers may decide on solicitation of opinions of related agencies, organizations and individuals on one or several of contents of draft inspection conclusions. The consulted agencies, organizations and individuals shall give their written opinions on contents of draft inspection conclusions within the specified time limit at the request of inspection decision issuers.

Article 77. Appraisal of draft inspection conclusions

1. Draft inspection conclusions of the Government Inspectorate, and draft administrative inspection conclusions of Ministerial Inspectorates and provincial Inspectorates shall be appraised before being signed for issuance. The appraisal of draft specialized inspection conclusions of Ministerial Inspectorates and provincial Inspectorates and draft inspection conclusions of other inspection bodies shall be conducted when necessary.

2. Inspection decision issuers shall consider and decide to assign units or individuals to conduct the appraisal of draft inspection conclusions (below referred to as appraisers) in order to ensure purposes, requirements and contents stated in approved inspection decisions and plans for conducting inspection. The assignment of the task to appraise draft inspection conclusions shall be made in writing, clearly stating appraisal contents and time limit.

3. Appraisers may request inspection teams to provide information and documents necessary for the appraisal; and formulate reports on appraisal results and take responsibility before inspection decision issuers for appraisal results.

4. Inspection decision issuers shall direct the consideration of and reply to appraisal opinions and finalization of draft inspection conclusions.

Article 78. Issuance of inspection conclusions  

1. Within 15 days after receiving draft inspection conclusions, inspection decision issuers shall sign for issuance such inspection conclusions and take responsibility for their conclusions and recommendations. Heads of same-level state management agencies shall urge and inspect to ensure the issuance of inspection conclusions within the specified time limit.

For draft inspection conclusions on cases or matters related to security or national defense or on important and complicated cases or matters subject to direction and monitoring by the Central Steering Committee for Corruption and Negative Practice Prevention and Combat or provincial-level Steering Committees for Corruption and Negative Practice Prevention and Combat or upon request of heads of same-level state management agencies, inspection decision issuers shall send written reports thereon to heads of same-level state management agencies.

Within 30 days after receiving written reports, heads of same-level state management agencies shall give their written opinions on reported contents. In case heads of same-level state management agencies make no replies or give no opinions different from draft inspection conclusions, inspection decision issuers shall promptly issue inspection conclusions. In case heads of same-level state management agencies request in writing the addition or clarification of contents of draft inspection conclusions, inspection decision issuers shall, within 30 days after receiving such requests, finalize and issue inspection conclusions.

2. Inspection conclusions must be accurate, objective and feasible and have the following principal contents:

a/ Evaluation of the implementation of policies and laws, the performance of tasks and the exercise of powers by inspected subjects, for administrative inspections; or evaluation of the observance of specialized laws, professional-technical regulations and management rules by inspected subjects, for specialized inspections;

b/ Conclusions on inspection contents;

c/ Contents clearly stating the nature, severity and consequences of violations (if any); causes of violations and responsibilities of agencies, organizations and individuals for such violations;

d/ Measures to handle violations according to competence and proposed solutions and measures to handle violations and remedy consequences (if any) in order to secure interests of the State and lawful rights and interests of inspected subjects and related agencies, organizations and individuals;

dd/ Limitations and inadequacies of management mechanisms and relevant policies and laws, and recommendations on improvement thereof.

3. In the course of conducting inspection, inspection decision issuers may issue inspection conclusions on contents which have been examined and verified and for which there are adequate grounds for conclusion, and shall continue inspecting other contents stated in inspection decisions. For an inspection, multiple inspection conclusions may be issued in order to promptly meet state management requirements.

4. Before publicizing inspection conclusions, inspection decision issuers may modify or supplement the issued inspection conclusions in order to ensure their accuracy, objectivity and feasibility.

5. After being publicized, inspection conclusions shall be sent to heads of same-level state management agencies, superior inspection bodies, inspected subjects and other related agencies, organizations and individuals.

Article 79. Publicization of inspection conclusions

1. Within 10 days after signing for issuance inspection conclusions, inspection decision issuers shall publicize such inspection conclusions in the form specified at Point a, Clause 3 of this Article and one of the forms specified at Points b, c and d, Clause 3 of this Article.

2. Inspection conclusions shall be publicized in full text, except contents classified as state secrets or other secrets as provided by law.

3. Forms of publicization of inspection conclusions include:

a/ Posting of inspection conclusions on portals of inspection bodies or same-level state management agencies;

b/ Holding of meetings to announce inspection conclusions with the participation of inspection decision issuers, inspection teams, inspected subjects and related agencies, organizations and individuals, or holding of press conferences;

c/ Notification of inspection conclusions on at least one mass medium. For inspections conducted by the Government Inspectorate, Ministerial Inspectorates or General Department/Department Inspectorates, inspection conclusions shall be notified on one central mass medium; for inspections conducted by provincial Inspectorates, provincial Department Inspectorates or district Inspectorates, inspection conclusions shall be notified on one local mass medium;

d/ Display of inspection conclusions at working offices of inspected agencies or organizations.

4. The Government shall detail this Article.

Section 5

TASKS AND POWERS OF PERSONS CONDUCTING INSPECTION

Article 80. Tasks and powers of inspection decision issuers

1. Inspection decision issuers have the following tasks and powers:

a/ To direct, examine and supervise inspection teams in implementing contents of inspection decisions;

b/ To request inspected subjects to provide information and documents and report on and explain matters related to inspection contents; to request related agencies, organizations and individuals to provide information and documents on inspection contents;

c/ To decide on solicitation of expert assessment of matters related to inspection contents;

d/ To decide or request competent persons to decide on temporary seizure of illegally used assets, licenses or practice certificates;

dd/ To stop or propose competent persons to stop violation acts;

e/ To request credit institutions to freeze accounts of inspected subjects; to propose asset and income control agencies and other competent agencies to take measures to promptly prevent inspected subjects from destroying or dispersing assets or to secure the execution of asset recovery decisions of heads of inspection bodies or heads of state management agencies;

g/ To decide on asset inventory;

h/ To decide on recovery of illegally appropriated, possessed or used assets or lost assets;

i/ To propose competent persons to suspend the execution of decisions on disciplining, transfer to other working positions or other agencies or permission for resignation or retirement of inspected subjects or persons providing information and documents on inspection contents if having grounds to believe that the execution of such decisions impedes inspection activities;

k/ To propose competent persons to suspend cadres, civil servants and public employees from work and handle those who intentionally obstruct inspection activities or fail to abide by inspection requests, proposals and decisions;

l/ To decide to handle according to their competence or propose competent persons to handle inspection results; to examine and urge the execution of inspection-related handling decisions;

m/ To settle complaints, denunciations, petitions and reports related to responsibilities of heads and other members of inspection teams;

n/ To dismiss or replace heads and other members of inspection teams;

o/ To issue inspection conclusions;

p/ To transfer case or matter files and relevant documents together with written proposals on criminal case initiation to investigation bodies upon detection of signs of crime under Clause 3, Article 68 of this Law;

q/ To sanction administrative violations according to their competence;

r/ To perform other obligations and exercise other powers in accordance with law.

2. When it is no longer necessary to apply the measures specified at Points d, dd, e, i and k, Clause 1 of this Article, inspection decision issuers shall decide on or propose immediate cancellation of such measures.

Article 81. Tasks and powers of heads of inspection teams        

1. Heads of inspection teams have the following tasks and powers:

a/ To organize the implementation of, and direct members of inspection teams to strictly implement, contents of inspection decisions;

b/ To propose inspection decision issuers to apply measures falling under the latter’s competence as specified in this Law and relevant regulations to ensure satisfaction of inspection requirements and achievement of inspection purposes;

c/ To request inspected subjects to provide information and documents and report on and explain matters related to inspection contents; to request related agencies, organizations and individuals to provide information and documents on inspection contents;

d/ To request or propose competent persons to decide on temporary seizure of illegally used assets, licenses or practice certificates; to request competent agencies to temporarily seize inventoried assets;

dd/ To request credit institutions to freeze accounts of inspected subjects; to propose asset and income control agencies and other competent agencies to take measures to promptly prevent inspected subjects from destroying or dispersing assets;

e/ To decide on sealing of documents;

g/ To decide on inventory of assets;

h/ To stop or propose competent persons to stop violation acts;

i/ To propose competent persons to suspend the execution of decisions on disciplining, transfer to other working positions or other agencies or permission for resignation or retirement of inspected subjects or persons providing information and documents on inspection contents if having grounds to believe that the execution of such decisions impedes inspection activities;

k/ To sanction administrative violations according to their competence;

l/ To report to inspection decision issuers on inspection results and take responsibility for the accuracy, truthfulness and objectivity of such reports;

m/ To perform other obligations and exercise other powers in accordance with law.

2. When it is no longer necessary to apply the measures specified at Points d, dd, e, h and i, Clause 1 of this Article, heads of inspection teams shall decide on or propose immediate cancellation of such measures.

Article 82. Tasks and powers of other members of inspection teams

1. Other members of inspection teams who are inspectors have the following tasks and powers:

a/ To perform their tasks as assigned by heads of inspection teams;

b/ To request inspected subjects to provide information and documents and report on and explain matters related to inspection contents; to request related agencies, organizations and individuals to provide information and documents on inspection contents;

c/ To sanction administrative violations according to their competence;

d/ To propose heads of inspection teams to apply measures falling within the ambit of the latter’s tasks and powers provided in Clause 1, Article 81 of this Law to facilitate the performance of their assigned tasks;

dd/ To report to heads of inspection teams on results of the performance of their assigned tasks and take responsibility before heads of inspection teams and before law for the accuracy, truthfulness and objectivity of reported contents;

e/ To perform other obligations and exercise other powers in accordance with law.

2. Other members of inspection teams who are not inspectors have the tasks and powers provided at Points a, d, dd and e, Clause 1 of this Article.

Article 83. Requests for inspected subjects to provide information and documents and report and explain

1. In the course of inspection, inspection decision issuers, heads of inspection teams and other members of inspection teams who are inspectors may request inspected subjects to provide information and documents and make written reports on and explanations about matters related to inspection contents;

2. The requested inspected subjects shall promptly, fully and accurately provide information and documents and take responsibility before law for the accuracy and truthfulness of provided information and documents.

3. Persons conducting inspection shall preserve, exploit and use information and documents for proper purposes. Persons conducting inspection shall return original documents to inspected subjects after the inspection is completed.

Article 84. Requests for related agencies, organizations and individuals to provide information and documents

1. In the course of inspection, inspection decision issuers, heads of inspection teams and other members of inspection teams who are inspectors may request related agencies, organizations and individuals to provide information and documents on inspection contents.

2. The requested agencies, organizations and individuals shall promptly, fully and accurately provide information and documents and take responsibility before law for the accuracy and truthfulness of provided information and documents.

3. Persons conducting inspection shall preserve, exploit and use information and documents for proper purposes. Persons conducting inspection shall return original documents to agencies, organizations and individuals that have provided such documents after they are exploited and used.   

Article 85. Sealing of documents

1. Heads of inspection teams may decide to seal some or all of documents of inspected subjects when having grounds to believe that such documents are related to violations or it is necessary to keep such documents intact.

A decision on sealing of documents shall be made in writing, clearly stating documents to be sealed, sealing duration, and obligations of the inspected subject. Sealed documents shall be included in a list bearing signatures of a representative of the inspection team and the inspected subject.

2. The document-sealing duration must not exceed the period of direct inspection at the inspected place. The exploitation and use of sealed documents must be approved by the head of the inspection team.

Article 86. Asset inventory

1. If detecting disparity or irrationality between books or documents and reality or detecting signs or acts of asset appropriation, inspection decision issuers or heads of inspection teams shall decide to inventory inspected subjects’ assets related to inspection contents.

2. An asset inventory decision shall be made in writing, clearly stating the assets to be inventoried, time and place of inventory, responsibilities of inventorying persons, and obligations of the subject with assets to be inventoried. The asset inventory shall be recorded in writing. For inventoried assets that need to be temporarily seized, the head of the inspection team shall request the inspection decision issuer or a competent person to decide on temporary seizure of the assets under Article 89 of this Law.

Article 87. Solicitation of expert assessment

1. When finding it necessary to evaluate professional-technical matters for use as a ground for making conclusions, the head of an inspection team shall request the inspection decision issuer to decide on solicitation of expert assessment. The solicitation of expert assessment shall be made in writing, clearly stating requirements, contents and duration of expert assessment, and the assessment agency or organization.

2. Agencies or organizations solicited for expert assessment shall conduct the expert assessment and notify expert assessment results within a specified time limit at the request of the inspection body and take responsibility before law for the accuracy, objectivity and timeliness of expert assessment results.

3. Assessment expenses shall be paid by inspection-conducting agencies. In case inspected subjects commit violations, assessment expenses shall be paid by such inspected subjects, unless otherwise provided by law.

4. The Government shall detail this Article.

Article 88. Termination of violations

1. In the course of inspection, if detecting violations that cause serious damage to interests of the State or the lawful rights and interests of agencies, organizations and individuals, inspection decision issuers or heads of inspection teams shall issue decisions to terminate such violations or propose competent persons to issue decisions to terminate such violations.

2. Decisions on termination of violations shall be made in writing, clearly stating termination reasons, contents and duration and subjects responsible for executing such decisions.

Article 89. Temporary seizure of assets, licenses and practice certificates

1. In the course of inspection, if detecting illegal use of assets, licenses or practice certificate and finding it necessary to promptly stop such use or to verify circumstances for use as evidences for making conclusions or handling violations, heads of inspection teams shall request inspection decision issuers or competent persons to issue decisions on temporary seizure of such assets, licenses or practice certificate.

2. Decisions on temporary seizure of assets, licenses or practice certificates shall be made in writing, clearly stating assets, licenses or practice certificates to be seized, seizure duration, responsibility of decision issuers, and obligations of the subjects having their assets, licenses or practice certificates temporarily seized. The seizure must be recorded in writing.

3. The preservation of assets, licenses and practice certificates must comply with the Government’s regulations.

Article 90. Request for credit institutions to freeze accounts of inspected subjects

1. When having grounds to believe that inspected subjects disperse assets or fail to execute decisions on temporary seizure of assets or asset recovery decisions of competent persons under Articles 89 and 91 of this Law, inspection decision issuers shall request credit institutions at which inspected subjects open their accounts to freeze such accounts to serve inspection activities.

2. In the course of inspection, when having grounds to believe that inspected subjects disperse assets, heads of inspection teams shall request credit institutions at which such inspected subjects open their accounts to freeze such accounts to serve inspection activities.

3. Requests for account freezing shall be made in writing, clearly stating the purpose of freezing, subjects having accounts to be frozen, time and duration of freezing, and responsibility of credit institutions to realize requests.

4. Credit institutions at which inspected subjects open their accounts shall promptly and fully realize account-freezing requests and report in writing on realization of account-freezing requests.

5. The Government shall detail this Article.

Article 91. Recovery of assets illegally appropriated or used or lost due to illegal acts

1. Inspection decision issuers shall issue asset recovery decisions when inspected subjects commit acts of illegally appropriating or using or causing loss of state assets without having to await inspection conclusions, unless otherwise provided by law.

2. Asset recovery decisions shall be made in writing, clearly stating assets to be recovered, responsibility of related agencies, organizations and individuals, effective duration of decisions, and responsibility of subjects having their assets recovered. Subjects with recovered assets shall strictly abide by recovery decisions.

Issuers of asset recovery decisions shall monitor, examine and urge the execution of such decisions.

3. The Government shall detail this Article.

Section 6

RIGHTS AND OBLIGATIONS OF INSPECTED SUBJECTS; SETTLEMENT OF COMPLAINTS, DENUNCIATIONS, RECOMMENDATIONS AND REPORTS IN INSPECTION ACTIVITIES

Article 92. Rights of inspected subjects

1. Inspected subjects have the following rights:

a/ To explain matters related to inspection contents;

b/ To complain about decisions or acts of persons conducting inspection in the course of inspection; to complain about inspection-related handling decisions in accordance with the law on complaints; to make recommendations on contents of inspection conclusions when finding such contents inaccurate;

c/ To claim compensation for damage and restoration of other lawful rights and interests in accordance with law.

2. Individuals being inspected subjects have the right to denounce law-breaking acts of persons conducting inspection in accordance with the law on denunciations.

Article 93. Obligations of inspected subjects

1. To abide by inspection decisions.

2. To provide in a timely, full and accurate manner information and documents at the request of persons conducting inspection and be held responsible before law for the accuracy and truthfulness of the provided information and documents.

3. To realize inspection requests, recommendations and conclusions and execute inspection-related handling decisions of persons conducting inspection and competent agencies and individuals.

Article 94. Complaints and recommendations of related agencies, organizations and individuals

Related agencies, organizations and individuals have the right to complain about administrative decisions or administrative acts of persons conducting inspection and inspection-related handling decisions in accordance with the law on complaints when they have grounds to believe that such decisions or acts are illegal or infringe upon their lawful rights and interests; and make recommendations on contents of inspection conclusions when finding such contents inaccurate.

Article 95. Competence, order and procedures for settling complaints in inspection activities

1. Heads of inspection bodies shall settle complaints about their decisions and acts, and about those of heads and other members of inspection teams.

2. Heads of state management agencies shall settle complaints about their inspection-related handling decisions and about those of agencies and individuals under their management.

3. The order and procedures for settling complaints in inspection activities must comply with the law on complaints.

Article 96. Denunciations, recommendations and reports and settlement of denunciations, recommendations and reports on inspection activities

1. The filing and settlement of denunciations about inspection activities must comply with the law on denunciations.

2. Heads of state management agencies and heads of inspection bodies shall receive and promptly and lawfully settle recommendations on contents of inspection conclusions; and notify in writing the settlement results to recommendation-making persons.

3. Heads of state management agencies, heads of inspection bodies and heads of inspection teams shall receive and handle recommendations and reports on inspection activities.

4. The Government shall provide in detail the competence, order and procedures for settling recommendations about contents of inspection conclusions and recommendations and reports on inspection activities.

Section 7

SUPERVISION OF ACTIVITIES OF INSPECTION TEAMS

Article 97. Responsibilities of inspection decision issuers and heads of agencies or units directly managing persons who are members of inspection teams

1. Inspection decision issuers shall supervise activities of inspection teams.

In case of necessity, the inspection decision issuer shall issue a decision to assign a civil servant or form a supervision team to supervise activities of the inspection team (below referred to as supervisor), clearly specifying supervision contents, participants, time and method. The supervision decision shall be issued at the same time with the inspection decision or in the course of inspection when there are information, reports, recommendations or denunciations about activities of the inspection team.

2. Heads of agencies or units directly managing persons who are members of inspection teams shall supervise such persons in the course of performance of inspection tasks.

Article 98. Contents of supervision of activities of inspection teams

1. Observance of regulations on grounds, competence, order and procedures for performing tasks and exercising powers in inspection activities by heads and other members of inspection teams.

2. Observance of direction of inspection decision issuers; implementation of inspection decisions or plans for conducting inspection; and implementation of the information and reporting regime.

3. Observance of regulations on prohibited acts applicable to heads and other members of inspection teams; and receipt of complaints, denunciations, recommendations and reports in activities of inspection teams.

Article 99. Tasks and powers of supervisors

1. To formulate and submit supervision plans to inspection decision issuers for approval.

2. To work with inspection teams and agencies, organizations and individuals related to supervision contents. Supervisors shall work with inspected subjects only when inspection decision issuers so request.

3. To request inspection teams to provide the following information and documents:

a/ Inspection decisions, decisions to extend inspection duration, decisions to suspend or replace heads or other members of inspection teams, decisions to modify or supplement inspection contents, plans for conducting inspection, outlines of requesting inspected subjects to report, and written directions of inspection decision issuers;

b/ Reports on the performance of tasks by other members of inspection teams to heads of inspection teams and by heads of inspection teams to inspection decision issuers;

c/ Complaints, denunciations, recommendations and reports related to activities of inspection teams (if any);

d/ Other documents as directed by inspection decision issuers.

4. To report to inspection decision issuers on contents stated in plans on supervision of activities of inspection teams and other contents at the request of inspection decision issuers; in case activities of inspection teams are conducted at variance with plans for conducting inspection or prohibited acts are detected in inspection activities committed by heads or other members of inspection teams, to report such to inspection decision issuers for handling in accordance with law.

Article 100. Responsibilities of heads and other members of inspection teams in supervision activities

1. To provide in a timely, full and accurate manner the information and documents specified in Clause 3, Article 99 of this Law.

2. To explain and clarify matters related to supervision contents at the request of supervisors.

3. To report to inspection decision issuers when detecting violations committed by supervisors in the course of performance of the supervision task.

Article 101. Organization of supervision and reporting on supervision results

1. The supervision shall be conducted on the basis of plans on supervision of activities of inspection teams approved by inspection decision issuers.

2. Supervisors shall consider and evaluate reports of inspection teams and other information and documents related to contents of plans on supervision of activities of inspection teams.

3. Within 15 days after the direct inspection is completed, supervisors shall send reports on supervision results to inspection decision issuers; in case of extraordinary supervision at the request of inspection decision issuers, the time limit for sending reports shall be decided by inspection decision issuers.

4. Supervision results serve as a basis for inspection decision issuers to consider and issue inspection conclusions.

Chapter V

IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 102. Responsibilities of heads of inspection bodies for issuing inspection conclusions

1. Heads of inspection bodies shall send written proposals to heads of the same-level management agencies to direct the implementation of contents of inspection conclusions.

Written proposals shall be sent simultaneously with inspection conclusions, proposing methods and measures to organize the implementation of recommendations in inspection conclusions falling within the competence of heads of same-level management agencies.

2. Heads of inspection bodies shall report on results of the implementation of inspection conclusions to heads of same-level state management agencies.

Article 103. Responsibilities of heads of state management agencies

1. The Prime Minister, ministers, chairpersons of provincial-level People’s Committees and chairpersons of district-level People’s Committees shall direct the implementation of inspection conclusions of the Government Inspectorate, Ministerial Inspectorates, provincial Inspectorates and district Inspectorates.

General Directors of General Departments, Directors of Departments and provincial Department Directors shall direct the implementation of inspection conclusions of General Department/Department Inspectorates and provincial Department Inspectorates.

2. Within 15 days after receiving inspection conclusions, heads of same-level state management agencies shall issue documents on organization of the implementation of inspection conclusions of inspection bodies. For conclusions of the Government Inspectorate, the Prime Minister shall issue documents on organization of the implementation thereof within 30 days after receiving the inspection conclusions. A document on organization of implementation of inspection conclusions must have the following contents:

a/ The content on the handling of, or request or proposal for a competent state agency to handle, economic violations;

b/ The content on the handling of or request or proposal for a competent state agency to handle, violating cadres, civil servants or public employees;

c/ Application of, or request or proposal for a competent state agency to apply, measures to remedy or improv mechanisms, policies and laws.

3. When directing the implementation of inspection conclusions, the Prime Minister, Ministers, General Directors of General Departments, Directors of Departments, chairpersons of provincial-level People’s Committees, provincial Department Directors or chairpersons of district-level People’s Committees may request inspected subjects to submit their plans to remedy economic violations, assign inspection conclusion issuers and heads of related agencies and units to consider and submit such plans for approval, ensuring the complete recovery of state money and assets and creating conditions for inspected subjects to maintain and develop their production and business activities.

4. The Prime Minister, Ministers, General Directors of General Departments, Directors of Departments, chairpersons of provincial-level People’s Committees, provincial Department Directors or chairpersons of district-level People’s Committees shall assign agencies or units in charge of organization and personnel to assume the prime responsibility for, and coordinate with agencies competent to manage cadres, civil servants and public employees in handling the violating cadres, civil servants and public employees stated in inspection conclusions; and assign the Government Inspectorate, Ministerial Inspectorates, provincial Inspectorates and district Inspectorates to monitor and urge the implementation.

In case heads of agencies competent to manage cadres, civil servants and public employees fail to handle the violating cadres, civil servants and public employees or handle them not based on the nature and severity of their violations, the Prime Minister, Ministers, chairpersons of provincial-level People’s Committees or chairpersons of district-level People’s Committees shall consider and examine responsibility of heads of agencies competent to manage cadres, civil servants and public employees.

Article 104. Responsibilities of inspected subjects, heads of agencies or organizations directly managing inspected subjects and related agencies, organizations and individuals

1. Inspected subjects shall fully and promptly implement inspection conclusions.

For contents of inspection conclusions that cannot be immediately implemented, within 10 days after such inspection conclusions are publicized, inspected subjects shall formulate and submit plans on implementation of inspection conclusions to competent persons, stating implementation schedule and reasons for the delay in implementation.

2. Within 15 days after inspection conclusions are publicized, based on contents of such inspection conclusions, documents on organization of the implementation of inspection conclusions, and requests, recommendations and inspection-related handling decisions, heads of agencies or organizations directly managing inspected subjects shall:

a/ Fully and promptly realize requests, recommendations and inspection-related handling decisions within the ambit of their responsibility;

b/ Promptly direct inspected subjects in organizing the implementation of inspection conclusions, requests, recommendations and inspection-related handling decisions;

c/ Apply measures according to their competence to solve difficulties and problems facing inspected subjects in the course of implementation of inspection conclusions, requests, recommendations and inspection-related handling decisions;

d/ Examine the formulation of plans on implementation of inspection conclusions by inspected subjects.

3. Inspected subjects, heads of agencies or organizations directly managing inspected subjects and related agencies, organizations and individuals shall report on results of the implementation of inspection conclusions to competent authorities and heads of inspection bodies.

Article 105. Monitoring, urging and examination of the implementation of inspection conclusions

1. Within the ambit of their tasks and powers, heads of inspection bodies and heads of same-level state management agencies shall direct the monitoring, urging, examination and publicization of the implementation of inspection conclusions and promptly solve arising problems.

2. The Government Inspectorate shall monitor, urge and examine the implementation of inspection conclusions and inspection-related handling decisions of its own and of the Prime Minister.

Ministerial Inspectorates, General Department/Department Inspectorates, provincial Inspectorates, provincial Department Inspectorates and district Inspectorates shall monitor, urge and examine the implementation of inspection conclusions and inspection-related handling decisions of their own and of heads of same-level state management agencies.

3. Inspection bodies shall directly examine the implementation of inspection conclusions and inspection-related handling decisions by inspected subjects and related agencies, organizations and individuals.

4. The Government shall detail this Article.

Article 106. Handling of violations in the implementation of inspection conclusions

1. Persons responsible for monitoring, urging and examining the implementation of inspection conclusions but failing to organize or failing to fully organize the implementation shall be considered for being handled in accordance with law.

2. Inspected subjects, agencies, organizations and individuals responsible for implementing inspection conclusions or inspection-related handling decisions but failing to do so or failing to fully and promptly to do so shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability, and, if causing damage, pay compensation in accordance with law.

3. The Government shall provide in detail the handling of violations in the implementation of inspection conclusions.

Chapter VI

COORDINATION IN INSPECTION, STATE AUDIT AND INVESTIGATION ACTIVITIES

Article 107. Responsibility for coordination in inspection, state audit and investigation activities

Agencies performing the inspection function, state audit offices and investigation bodies shall coordinate with one another in improving the efficiency of inspection, state audit and investigation activities, contributing to the prevention and combat of crimes and violations in state management.

Article 108. Coordination responsibility of the Government Inspector-General and the State Auditor-General

1. The Government Inspector-General shall coordinate with the State Auditor-General in accordance with the Law on State Audit and this Law in ensuring the effectiveness and efficiency of inspection and state audit activities.

2. The coordination shall be carried out in the course of formulation and implementation of inspection and audit plans; handling of overlaps or duplications between inspection activities and state audit activities; provision and exchange of information on inspection and audit; use of inspection and audit results; and professional training and further training in inspection and audit.

3. Every year, the Government Inspectorate and the State Audit Office of Vietnam shall evaluate and sum up the handling of overlaps or duplications between inspection activities and state audit activities when formulating plans for, and implementing, inspection and state audit activities for the subsequent year.

Article 109. Responsibilities of heads of agencies performing the inspection function and chief auditors of regional and specialized state audit offices

Heads of agencies performing the inspection function and chief auditors of regional and specialized state audit offices shall coordinate with one another in their activities and regularly exchange their opinions in order to avoid overlaps or duplications when conducting inspection and audit.

In case of detecting overlaps or duplications in inspection contents and scope of his/her agency with those of another inspection body or of a state audit office, the head of the agency performing the inspection function shall immediately report such to the head of the same-level management agency and superior inspection body and notify such to the state audit office and related agencies, organizations and units for application of appropriate solutions to avoid overlaps or duplications and ensure succession in activities of agencies, organizations and units.

Article 110. Consultation and use of results in inspection and state audit activities

1. In the course of conducting inspection and state audit activities or before issuing inspection conclusions and audit reports, agencies performing the inspection or state audit function may consult one another on necessary contents to ensure the accuracy, objectivity and completeness of inspection conclusions and audit reports.

2. Agencies performing the inspection function may use information, data and conclusions in audit reports of state audit offices for making inspection conclusions. State audit offices shall provide audit results, conclusions and recommendations to agencies performing the inspection function and take responsibility for the accuracy of the provided information and documents.

Article 111. Responsibilities of investigation bodies

Investigation bodies shall receive written proposals for institution of criminal cases and files of cases or matters showing signs of crime and relevant documents from agencies performing the inspection function for processing in accordance with the criminal procedure law.

Chapter VII

CONDITIONS FOR ENSURING INSPECTION ACTIVITIES

Article 112. Operating funds of inspection bodies; regimes and policies for inspectors

1. Operating funds of inspection bodies shall be covered by the state budget.

2. The management, allocation and use of budget funds of inspection bodies must comply with the law on the state budget.

3. Inspection bodies may deduct part of recovered money amounts detected through inspection after making remittances into the state budget under regulations of the National Assembly Standing Committee to support the improvement of inspection capacity and physical foundations and reward organizations and individuals that have recorded achievements in inspection work.

4. Regimes, policies, allowances and special entitlements for inspectors shall be provided by the Government.

Article 113. Investment in modernization for inspection activities

1. The State shall adopt policies to invest in and develop science and technology and other means to facilitate the organization and operation of agencies performing the inspection function; develop a database to serve inspection work; apply information technology and digital technology in inspection activities; and set inspection standards to ensure quality, efficient, feasible, lawful, public and transparent inspection activities.

2. Ministers and chairpersons of provincial-level People’s Committees shall ensure conditions for enhancing and promoting inspection activities in a professional, regular and gradually modernized manner, thus contributing to improving the effectiveness and efficiency of state management work.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 114. Inspection organization and activities in the People’s Army, People’s Public Security forces, State Bank of Vietnam and Government Cipher agencies

1. Inspection organization and activities in the People’s Army and People’s Public Security forces shall be provided by the Government.

2. Inspection organization and activities in the State Bank of Vietnam must comply with this Law and the banking law.

3. Inspection organization and activities in Government Cipher agencies must comply with this Law, the law on cipher and other relevant laws.

Article 115. Organization and operation of internal inspection

1. Inspection bodies of the Supreme People’s Court, Supreme People’s Procuracy and State Audit Office of Vietnam shall be established in accordance with law, assisting the Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy and State Auditor-General in performing inspection tasks in accordance with law.

2. In pursuance to the provisions of this Law and other relevant laws, the State’s other agencies and public non-business units shall, within the ambit of their tasks and powers, establish internal inspection organizations or assign personnel to take charge of internal inspection under the Government’s regulations so as to assist their heads in conducting inspection work falling under their respective management. Heads of agencies and units shall organize and direct internal inspection activities within their respective agencies and units.

Article 116. To amend and supplement a number of articles of the laws concerning inspection

1. To amend and supplement a number of clauses of Article 46 of Law No. 15/2012/QH13 on Handling of Administrative Violations, which has a number of articles amended and supplemented under Law No. 54/2014/QH13, Law No. 18/2017/QH14, and Law No. 67/2020/QH14, as follows:

a/ To add the phrase “Chiefs of Inspectorates of other General Departments/Departments of Ministries and the equivalent;” below the phrase “Chief of the Inspectorate of the State Securities Commission of Vietnam;” in the opening paragraph of Clause 2;

b/ To add the phrase “Chiefs of Inspectorates of government-attached agencies and Chiefs of provincial Inspectorates,” before the phrase “Directors of provincial Statistics Offices,” in the opening paragraph of Clause 3.

2. To amend and supplement Point a, Clause 2, Article 160 of Law No. 72/2020/QH14 on Environmental Protection as follows:

“a/ Inspection under plans;”.

Article 117. Effect

1. This Law takes effect on July 1, 2023.

2. Law No. 56/2010/QH12 on Inspection ceases to be effective on the effective date of this Law.

Article 118. Transitional provision

Inspections under inspection decisions issued before the effective date of this Law must continue to comply with Law No. 56/2010/QH12 on Inspection.

This Law was passed on November 14, 2022, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 4^th session.-

Chairman of the National Assembly
VUONG DINH HUE