Circular No. 05/2014/TT-TTCP on the organization, operation, working relations of the Inspection Team and the procedures for conducting an inspection

 

CIRCULAR

Provisions on the organization, operation, work relations of inspection teams and the procedures for conducting an inspection

and the procedures for conducting an inspection

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BASED ON THE INSPECTION LAW NO. 56/2010/QH12 OF NOVEMBER 15, 2010;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 83/2012/NĐ-CP dated November 9, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Considering the proposals of the Head of the Legal Affairs Department and the Head of the Internal Affairs and Economic Inspection Department;

The Chief Inspector General issues this Circular stipulating the organization, operation, work relations of inspection teams and the procedures for conducting an inspection from the preparation stage, implementation stage, and conclusion stage of the inspection.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the organization, operation, work relations of inspection teams; the procedures for conducting an inspection from the preparation stage, implementation stage, and conclusion stage of the inspection.

Article 2. Applicability

This Circular applies to Heads of state management agencies, Heads of state inspection agencies, Heads of agencies assigned to perform specialized inspection functions, inspection teams, inspectors, members of inspection teams, civil servants assigned to perform specialized inspection tasks, and related agencies, organizations, and individuals.

Article 3. Principles of organizing inspection teams and conducting an inspection

1. The establishment of an inspection team must be based on the requirements, tasks, contents, and scope of the inspection. The head of the inspection team and members of the inspection team must meet the requirements regarding capacity, qualifications, expertise, and professional skills as prescribed.

2. The head of the inspection team is responsible for directing and managing the activities of the inspection team; he/she is accountable before the decision-maker of the inspection and the law for the results of the inspection.

Members of the inspection team carry out their tasks according to the division of labor by the head of the inspection team; they are accountable before the head of the inspection team, the decision-maker of the inspection, and the law for the results of the tasks assigned to them.

3. The head of the inspection team and members of the inspection team must implement information reporting systems and be subject to supervision and inspection as prescribed.

4. The activities of the inspection team must ensure principles of accuracy, objectivity, transparency, democracy, and timeliness; they must not hinder the normal operations of inspected agencies, organizations, and individuals.

5. Conducting inspections must comply with the contents, scope, objects, and timeframes set forth in the inspection decision; they must follow the procedures, formalities, and authorities prescribed in the Inspection Law, detailed decrees guiding the implementation of the Inspection Law, and this Circular.

Article 4. Location and Time of Work of the Inspection Team

1. During the inspection process, the inspection team works with the inspected entity, agencies, organizations, and individuals at their headquarters or at the location where the verification and investigation take place.

2. The inspection team works with the inspected entity, agencies, organizations, and individuals during regular working hours. In cases where it is necessary to work outside regular working hours with the inspected entity, agencies, organizations, and individuals, the head of the inspection team decides and bears responsibility for such decisions.

Article 5. Inspection Team's Logbook

1. The inspection team's logbook is a record of the activities of the inspection team and its members, and relevant contents related to the activities of the inspection team from the issuance of the inspection decision until the transfer of the inspection dossier to the competent authority.

The format of the Inspection Team's Logbook is prescribed by the Chief Inspector General.

2. The head of the inspection team is responsible for recording the logbook and confirming the recorded content. In cases where the inspection team is organized into groups, in addition to the head of the inspection team's logbook, the group leader is responsible for recording the activities of each member within the group and confirming the recorded content. The content recorded about the activities of each member within the group is an inseparable part of the inspection team's logbook.

3. The contents of the inspection team's logbook include:

a) Date, month, year; the tasks carried out by the group and each member of the inspection team; the name of the inspected agency, organization, individual, or related agency, organization, individual with whom the work, verification, and investigation were conducted;

b) Guidance opinions and management directives of the person issuing the inspection decision, the Head of the Inspection Team (if applicable);

c) Difficulties and obstacles arising during the inspection process (if any);

d) Other relevant contents related to the activities of the inspection team (if any).

4. Recording the inspection team's logbook must ensure accuracy, objectivity, truthfulness, clarity, and a full reflection of the activities occurring during the inspection process.

5. The Inspection Team's Logbook is managed, used, and stored like other inspection files and documents.

6. During the recording of the inspection team's logbook, if there is any mistake, the incorrect part should be crossed out and confirmed, without tearing out pages of the Inspection Team's Logbook or damaging or erasing the content of the Inspection Team's Logbook.

Article 6. Reissuing and Supplementing the Inspection Team's Logbook

1. In cases where the Inspection Team's Logbook is lost or damaged due to objective reasons, the Head of the Inspection Team must immediately report in writing to the person who issued the inspection decision for consideration and resolution. The report must clearly explain the reason for the loss of the Inspection Team's Logbook and request reissuing of the Logbook.

2. In cases where it is necessary to supplement the Inspection Team's Logbook due to the requirements of the inspection, the Head of the Inspection Team shall submit a written request to the person who issued the inspection decision for consideration and decision on the supplementation of the Inspection Team's Logbook.

Chapter II

ORGANIZATION AND RELATIONSHIP OF THE INSPECTION TEAM'S WORK

Article 7. Organization of the Inspection Team

The Inspection Team consists of the Head of the Inspection Team and members of the Inspection Team.

The Head of the Inspection Team is the leader of the Inspection Team responsible for directing and managing the activities of the Inspection Team.

If necessary, the Inspection Team may have a Deputy Head of the Inspection Team. The Deputy Head assists the Head of the Inspection Team in performing assigned tasks and is responsible for certain activities of the Inspection Team when delegated by the Head of the Inspection Team.

Members of the Inspection Team perform their duties according to the assignment of the Head of the Inspection Team.

Article 8. Standards for the Head of the Inspection Team

1. Civil servants appointed by the General Inspector of the Government, Ministers, Heads of ministerial-level agencies, Inspectors of ministries and ministerial-level agencies, Heads of specialized inspection functions at the General Bureau level and equivalent, or Departments under ministries to serve as the Head of the Inspection Team must be at least a Department Head or Senior Inspector or equivalent, and must meet the following standards:

a) Possess good moral qualities, sense of responsibility, integrity, honesty, fairness, and objectivity;

b) Understanding of inspection procedures; having the ability to analyze, evaluate, and synthesize issues related to the content and scope of the inspection within the jurisdiction of the sector or locality;

c) Ability to organize and direct members of the Inspection Team to perform assigned inspection tasks.

2. Civil servants appointed by the Chairman of the People's Committee of provinces and centrally-administered cities, Inspectors of provinces and centrally-administered cities, Directors of departments, Inspectors of departments, or Heads of specialized inspection functions at the Bureau level under the General Bureau or equivalent to serve as the Head of the Inspection Team must be at least a Deputy Department Head at the provincial level or Inspector or equivalent, and must meet the standards specified in points a, b, and c of Clause 1 of this Article.

3. Civil servants appointed by the Chairman of the People's Committee of districts, counties, towns, and provincial cities, Inspectors of districts, counties, towns, and provincial cities, or Heads of specialized inspection functions at the Sub-department level under departments or Bureaus to serve as the Head of the Inspection Team must be at least a Deputy Sub-department Head at the district level or Inspector or specialist, and must meet the standards specified in points a, b, and c of Clause 1 of this Article.

Article 9. Selection of Participants in the Inspection Team

1. The head of the agency, organization, or unit entrusted with the main responsibility for conducting inspections has the responsibility to select individuals with appropriate qualifications, expertise, and experience in accordance with the requirements of the inspection for the person issuing the inspection decision to consider and arrange participation in the Inspection Team.

2. Individuals whose father, mother, father-in-law or father-in-law, mother-in-law or mother-in-law, spouse, biological child, son-in-law or daughter-in-law, brother, sister, or biological sibling is the subject of the inspection or has a close relationship with the subject of the inspection that would affect the objectivity of the inspection shall not be appointed as the Head of the Inspection Team or members of the Inspection Team.

Article 10. Changing the Head of the Inspection Team

1. The change of the Head of the Inspection Team shall be carried out when the Head of the Inspection Team fails to meet the requirements of the inspection, violates the law, or for objective reasons cannot perform the assigned tasks.

2. In case the Head of the Inspection Team requests a change, the Head of the Inspection Team shall report in writing, stating the reasons and send it to the person issuing the inspection decision. If the person issuing the inspection decision initiatively changes the Head of the Inspection Team, they shall notify the Head of the Inspection Team and state the reasons.

3. The change of the Head of the Inspection Team must be decided in writing by the person issuing the inspection decision; the decision on changing the Head of the Inspection Team shall be sent to the Inspection Team, the inspected entity, and relevant agencies, organizations, and individuals.

The decision on changing the Head of the Inspection Team shall be implemented according to Model No. 01-TTr issued together with this Circular.

Article 11. Changing and Supplementing Members of the Inspection Team

1. The change of members of the Inspection Team shall be carried out when the members of the Inspection Team fail to meet the requirements of the inspection, violate the law, or for objective reasons cannot perform the assigned tasks.

2. The supplementation of members of the Inspection Team shall be carried out when it is necessary to ensure the progress and quality of the inspection or to meet other requirements and tasks arising during the inspection process.

3. In case the Head of the Inspection Team proposes to change or supplement members of the Inspection Team, the Head of the Inspection Team shall report in writing, stating the reasons, name, position of the proposed member to be changed or supplemented, and submit it to the person issuing the inspection decision for consideration and decision.

If the person issuing the inspection decision initiatively changes or supplements members of the Inspection Team, they shall notify the Head of the Inspection Team and state the reasons.

4. The change and supplementation of members of the Inspection Team must be decided in writing by the person issuing the inspection decision; the decision on changing and supplementing members of the Inspection Team shall be sent to the Inspection Team, the inspected entity, and relevant agencies, organizations, and individuals.

The decision on changing members of the Inspection Team shall be implemented according to Model No. 02-TTr issued together with this Circular.

The decision on supplementing members of the Inspection Team shall be implemented according to Model No. 03-TTr issued together with this Circular.

Article 12. Relationship between the Inspection Team and the Person Issuing the Inspection Decision

1. The Head of the Inspection Team and members of the Inspection Team must comply with directives, supervision, and monitoring; implement information and reporting systems according to the requirements of the person issuing the inspection decision.

2. The person issuing the inspection decision shall monitor, urge, direct activities, and promptly address recommendations from the Head of the Inspection Team and members of the Inspection Team.

Article 13. Relationship between the Head of the Inspection Team and Members of the Inspection Team, Relationship among Members of the Inspection Team

1. Members of the Inspection Team must comply with the directives and management of the Head of the Inspection Team regarding the performance of assigned tasks. In cases where issues arise beyond their authority, members of the Inspection Team shall promptly report to the Head of the Inspection Team and propose measures for handling.

2. Members of the Inspection Team have the responsibility to cooperate, support, and create conditions to help each other complete the assigned tasks.

Article 14. Relationship between the Head of the Inspection Team and Members of the Inspection Team with the Heads of Directly Managing Agencies and Units

1. The Head of the Inspection Team is a civil servant of the state inspection agency responsible for reporting to the Head of the directly managing agency or unit on the results of the inspection tasks performed.

2. The Head of the directly managing agency or unit of the Head of the Inspection Team and members of the Inspection Team shall create favorable conditions for the Head of the Inspection Team and members of the Inspection Team to complete their assigned tasks.

3. In cases where the Head of the State Management Agency is the person issuing the inspection decision, the Head of the State Inspection Agency and the Head of the unit under the State Inspection Agency directly managing the Head of the Inspection Team shall oversee, urge, and inspect the activities of the Inspection Team to ensure that the inspection is carried out according to the plan; participate in providing opinions on the draft report on the results of the inspection and the draft conclusion of the inspection when instructed by the person issuing the inspection decision.

Article 15. Relationship between the Head of the Inspection Team and Members of the Inspection Team with Supervisors and Persons Assigned to Carry Out Supervision Tasks of the Inspection Team

The Head of the Inspection Team and members of the Inspection Team are subject to supervision and inspection by supervisors and persons assigned to carry out supervision tasks of the Inspection Team in accordance with laws on supervising and inspecting the activities of the Inspection Team.

Chapter III

PROCEDURE AND PROCEDURES FOR CARRYING OUT AN INSPECTION

Section 1

PREPARATION FOR INSPECTION

Article 16. Collecting Information, Documents, Understanding the Situation to Issue an Inspection Decision

1. Before issuing an inspection decision, if necessary, the Head of the State Management Agency, the Head of the State Inspection Agency, or the Head of the agency performing specialized inspection functions (collectively referred to as the person assigning the task of understanding the situation) shall direct the collection of information, documents, and understanding of the situation to serve the issuance of the inspection decision.

The assignment of civil servants or Working Groups to collect information, documents, and understand the situation (collectively referred to as the person assigned to understand the situation) must be documented in writing by the person assigning the task of understanding the situation. The time for understanding the situation shall not exceed fifteen working days.

2. The person assigned to understand the situation, upon arriving at the agency, organization, or individual with information, must present:

a) A document from the State Inspection Agency regarding the assignment of the person to understand the situation, the duration, the content of work, and the information to be collected from agencies, organizations, or individuals within the scope of inspection authority;

b) A Civil Servant Card or an Inspection Card.

3. The person assigned to understand the situation shall not engage in harassment, causing difficulties, or inconvenience to the agency, organization, or individual required to provide information; nor shall they request information outside the scope of the assigned task.

4. The person assigned to understand the situation has the responsibility to study, analyze, evaluate, and compile all collected information and documents; no later than five working days from the end of the understanding process, the person assigned to understand the situation must submit a written report on the results of the understanding process to the person assigning the task of understanding the situation.

The report on the results of the understanding process includes the following main contents:

a) An overview of the functions, duties, powers, and relevant legal provisions related to the organization and operation of the agency, organization, or unit expected to be inspected;

b) The situation and results of the operations of the agency, organization, or unit expected to be inspected; the results of inspections, audits, investigations by competent authorities related to the content expected to be inspected (if any), and other related information;

c) Identification of prominent issues, signs of violations, proposals for inspection content, and methods of conducting the inspection.

5. Methods of collecting information, documents, and understanding the situation

a) Collecting information, documents, and understanding the situation at the agency, organization, or unit expected to be inspected; at agencies with management functions over the industry or field related to the inspection content;

b) Studying and compiling information from the press, complaints, suggestions, appeals, and reports related to the expected inspection content;

c) When necessary, conducting direct interviews with relevant individuals.

Article 17. Issuing Inspection Decisions

Based on the provisions of Article 38 of the Inspection Law and the report on the results of understanding the situation (if any), the Head of the State Administrative Management Agency, the Head of the State Inspection Agency, and the Head of the agency assigned to perform specialized inspection functions shall issue inspection decisions and instruct the Head of the Inspection Team to develop plans for conducting inspections.

The inspection decision shall be implemented in accordance with the provisions of Articles 44 and 52 of the Inspection Law and Model No. 04-TTr issued together with this Circular.

Article 18. Developing and Approving Plans for Conducting Inspections

The Head of the Inspection Team is responsible for organizing the development of plans for conducting inspections and submitting them for approval by the person issuing the inspection decision. The development and approval of plans for conducting inspections shall be carried out in accordance with the provisions of Article 22 of Government Decree No. 86/2011/ND-CP dated September 22, 2011 detailing and guiding the implementation of certain articles of the Inspection Law (hereinafter referred to collectively as Government Decree No. 86/2011/ND-CP); and Article 18 of Government Decree No. 07/2012/ND-CP dated February 9, 2012 regarding agencies assigned to perform specialized inspection functions and specialized inspection activities (hereinafter referred to collectively as Government Decree No. 07/2012/ND-CP).

The plan for conducting inspections shall be implemented according to Model No. 05-TTr issued together with this Circular and is internal documentation of the Inspection Team.

Article 19. Publicizing Plans for Conducting Inspections

1. The Head of the Inspection Team organizes meetings of the Inspection Team to publicize and assign tasks to groups and members of the Inspection Team; discuss methods for conducting inspections; coordination between groups, teams, and members of the Inspection Team.

2. Group leaders and members of the Inspection Team must develop plans for implementing assigned tasks and report to the Head of the Inspection Team.

3. When necessary, the Head of the Inspection Team organizes training sessions for members of the Inspection Team.

Article 20. Developing an Outline for Inspection Object Reports

1. Based on the content of the inspection and the plan for conducting inspections, the Head of the Inspection Team is responsible for leading together with members of the Inspection Team to develop an outline for inspection object reports.

2. The Head of the Inspection Team shall send a document to the inspection object (attached with the outline for the report request) at least five days before announcing the inspection decision; the document requesting must clearly state the method of reporting and the deadline for submitting the report.

Article 21. Announcing the Decision to Publish the Inspection Decision

1. The announcement of the administrative inspection decision publication is carried out in accordance with the provisions of Clause 1, Article 25 of Government Decree No. 86/2011/ND-CP.

2. The announcement of the specialized inspection decision publication is carried out in accordance with the provisions of Article 21 of Government Decree No. 07/2012/ND-CP.

Section 2

CONDUCTING INSPECTIONS

Article 22. Publishing the Inspection Decision

1. Not later than fifteen days from the date of signing the inspection decision, the Head of the Inspection Team is responsible for publishing the inspection decision to the inspection object.

2. Participants in the meeting to publish the administrative inspection decision shall be carried out in accordance with the provisions of Clause 2, Article 25 of Government Decree No. 86/2011/ND-CP; participants in the meeting to publish the specialized inspection decision include the inspection object and other participants determined by the person issuing the inspection decision based on the report of the Head of the Inspection Team.

3. The Head of the Inspection Team shall chair the meeting to publish the inspection decision; approve the work program; read the full text of the inspection decision; clarify the purpose, requirements, content, duration of the inspection; duties and powers of the Inspection Team; rights and responsibilities of the inspection object; the planned work schedule of the Inspection Team; the working relationship between the Inspection Team and the inspection object; other related matters concerning the activities of the Inspection Team.

4. The Head of the agency, organization, or individual who is the inspection object shall report on the inspection content as required by the Inspection Team's outline.

5. Other participants in the meeting to publish the inspection decision may express opinions related to the inspection content (if any).

6. The publication of the inspection decision must be recorded in a minutes document. The minutes of the meeting to publish the inspection decision shall be signed by the Head of the Inspection Team and the Head of the agency, organization, or individual who is the inspection object.

The minutes of the publication of the inspection decision shall be implemented according to Model No. 06-TTr issued together with this Circular.

Article 23. Collection of Information and Documents Related to the Content of Inspection

1. During the inspection process, the Head of the Inspection Team and members of the Inspection Team shall request the inspected entity to report according to the outline; they shall also request the inspected entity, agencies, organizations, or individuals related to provide information and documents related to the content of the inspection.

The request for provision of information and documents shall be carried out using Form No. 07-TTr issued together with this Circular.

The handover of information and documents must be recorded in a record. The record of handover of information and documents shall be carried out using Form No. 08-TTr issued together with this Circular.

2. For information and documents that do not need to be retained, the person receiving the files and documents must return them to the inspected entity, agencies, organizations, or individuals concerned; the latest time for returning the files and documents is at the end of the direct inspection. The return of files and documents must be recorded in a record of handover of information and documents as stipulated in Clause 1 of Article 23 of this Law.

3. Management, exploitation, and utilization of inspection-related information and documents shall be carried out in accordance with the laws on inspection and other relevant laws.

Article 24. Verification and Confirmation of Information and Documents

1. The Head of the Inspection Team and members of the Inspection Team have the responsibility to study the collected information and documents to clarify the content of the inspection; evaluate the compliance with policies, laws, tasks, and authorities of the inspected entity related to the assigned inspection content; request responsible persons or those related to explain unclear issues; if it is necessary to conduct work, verification, and confirmation to ensure the objectivity and accuracy of the evaluation, then the member of the Inspection Team shall report to the Head of the Inspection Team for consideration and decision.

In cases where it is necessary to verify information and documents or clarify issues related to the content of the inspection, the Head of the Inspection Team or the person issuing the inspection decision shall invite the inspected entity, representatives of agencies, organizations, or individuals related to work. The invitation letter shall be carried out using Form No. 09-TTr issued together with this Circular.

In cases where it is necessary to clarify issues related to the content of the inspection, the Head of the Inspection Team or the person issuing the inspection decision shall issue a letter requesting the inspected entity to report. The request for reporting letter shall be carried out using Form No. 10-TTr issued together with this Circular.

2. The results of verifying and confirming information and documents related to the content of the inspection must be reflected in writing by the agency, organization, or individual being verified and confirmed or recorded in a verification and confirmation record.

The verification and confirmation record shall be carried out using Form No. 11-TTr issued together with this Circular.

3. The results of working related to the content of the inspection must be reflected in writing by the agency, organization, or individual being worked with or recorded in a work record.

The work record shall be carried out using Form No. 12-TTr issued together with this Circular.

Article 25. Procedures for Exercising Rights During the Inspection Process

When exercising rights during the inspection process, the Head of the Inspection Team and the person issuing the inspection decision shall apply the procedures as follows:

1. If it is deemed necessary to ensure the original state of the documents as prescribed in Article 36 of Decree No. 86/2011/NĐ-CP, the Head of the Inspection Team shall issue a decision to seal the documents. The decision to seal the documents shall be carried out using Form No. 13-TTr; the decision to open sealed documents shall be carried out using Form No. 14-TTr; the record of sealing documents shall be carried out using Form No. 15-TTr; the record of opening sealed documents shall be carried out using Form No. 16-TTr issued together with this Circular.

2. If it is necessary to inventory assets as prescribed in Article 37 of Decree No. 86/2011/NĐ-CP, the Head of the Inspection Team and the person issuing the inspection decision shall decide to inventory the assets. The asset inventory shall be carried out using Form No. 17-TTr; the decision to revoke the asset inventory measure shall be carried out using Form No. 18-TTr issued together with this Circular.

3. If it is necessary to have an assessment of the content related to expertise and technology as a basis for concluding as prescribed in Article 38 of Decree No. 86/2011/NĐ-CP, the Head of the Inspection Team shall propose the person issuing the inspection decision to consider and decide. The decision to request an appraisal shall be carried out using Form No. 19-TTr; the letter regarding the request for an appraisal shall be carried out using Form No. 20-TTr issued together with this Circular.

4. If a violation act requiring suspension is discovered as prescribed in Article 39 of Decree No. 86/2011/NĐ-CP, the Head of the Inspection Team and the person issuing the inspection decision shall issue a decision to temporarily suspend the violation act. The decision to temporarily suspend the violation act shall be carried out using Form No. 21-TTr; the decision to revoke the temporary suspension decision shall be carried out using Form No. 18-TTr issued together with this Circular.

If necessary, the person with authority may be advised to temporarily suspend the violation act. The advice to suspend the violation act shall be carried out using Form No. 22-TTr issued together with this Circular.

5. If it is necessary to temporarily detain money, objects, or licenses issued as prescribed in Article 40 of Decree No. 86/2011/NĐ-CP, the Head of the Inspection Team shall propose the person issuing the inspection decision to issue a decision to temporarily detain money, objects, or issued licenses. The decision to temporarily detain money, objects, or issued licenses shall be carried out using Form No. 23-TTr issued together with this Circular.

If necessary, the person issuing the inspection decision may issue a document requesting the person with authority to temporarily detain money, objects, or issued licenses due to illegal acts. The request document shall be carried out using Form No. 24-TTr issued together with this Circular.

6. If it is necessary to recover money, property that has been embezzled, misused, or lost due to illegal acts as prescribed in Article 42 of Decree No. 86/2011/NĐ-CP, the person issuing the inspection decision shall issue a recovery decision. The decision to recover money shall be carried out using Form No. 25-TTr; the decision to recover property shall be carried out using Form No. 26-TTr issued together with this Circular.

7. In case of discovering the enforcement of disciplinary decisions, job transfers, or early retirement for individuals who are collaborating with inspection agencies or are subjects of inspection, if it is deemed that such enforcement would hinder the inspection process, the person issuing the inspection decision shall recommend to the competent authority to temporarily suspend the enforcement of such decisions. The recommendation for suspending the enforcement of decisions shall be carried out according to Model No. 27-TTr issued together with this Circular.

8. In cases where it is necessary to suspend work and handle officials, civil servants, or public employees who intentionally obstruct inspections or fail to comply with inspection requests, recommendations, or decisions, the person issuing the inspection decision shall recommend to the competent authority to temporarily suspend the work of the offending officials, civil servants, or public employees. The recommendation for suspending the work of officials, civil servants, or public employees shall be carried out according to Model No. 28-TTr issued together with this Circular.

Article 26. Handling violations discovered during inspections

1. When conducting inspections, if violations are found that require immediate handling, the Head of the Inspection Team or members of the Inspection Team must prepare a record of the violation as a basis for handling.

Handling violations shall be carried out in accordance with the laws on inspections and other relevant laws.

2. When violations with signs of criminal offenses are discovered, the Head of the Inspection Team shall report to the person issuing the inspection decision for review and decision.

Article 27. Reporting progress and results of inspection tasks

1. According to the approved inspection plan or at the request of the Head of the Inspection Team, each member of the Inspection Team or the Group Leader (if any) shall report progress and results of assigned tasks to the Head of the Inspection Team. If immediate action is required due to issues discovered, they shall promptly report to the Head of the Inspection Team for review and decision.

The Head of the Inspection Team is responsible for reviewing and providing specific, direct guidance on progress reports and task completion results, promptly addressing recommendations from Inspection Team members; in cases exceeding their authority, they shall report to the person issuing the inspection decision for review and decision.

2. The Head of the Inspection Team shall report progress and results of assigned tasks to the person issuing the inspection decision according to the approved inspection plan or at the request of the person issuing the inspection decision.

Progress and result reports of the Head of the Inspection Team on assigned tasks shall be sent to the individual tasked with supervising the Inspection Team's activities.

The person issuing the inspection decision is responsible for reviewing and providing specific, direct guidance on progress and result reports, promptly addressing recommendations from the Head of the Inspection Team.

3. Progress reports of Inspection Team members, Group Leaders, and the Head of the Inspection Team shall be in writing and include the following contents: progress in completing inspection tasks up to the date of the report; completed inspection content and results, ongoing inspection content; planned work for the upcoming period; difficulties, obstacles, and recommendations, proposals (if any).

Article 28. Amending and supplementing the inspection plan

1. In cases where the Head of the Inspection Team proposes to amend and supplement the inspection plan, the person who decides on the inspection shall examine and decide on amending and supplementing the inspection plan.

2. In cases where the person deciding on the inspection decides to amend and supplement the inspection plan, the person deciding on the inspection shall issue a document regarding the amendment and supplementation of the inspection plan and request the Head of the Inspection Team to implement it.

3. The Head of the Inspection Team is responsible for notifying members of the Inspection Team, the inspected entity, and related agencies, organizations, and individuals (if necessary) about the contents of the amended and supplemented inspection plan; organizing its implementation according to the amended and supplemented inspection plan.

Article 29. Extending the Inspection Period

1. In cases where the inspection content is complex and involves the responsibility of many agencies, organizations, and individuals, requiring an extension of the inspection period, the Head of the Inspection Team shall issue a document requesting the person deciding on the inspection to extend the inspection period. The document requesting an extension of the inspection period must clearly state the reasons and the extended period.

2. Based on the Head of the Inspection Team's proposal, the person deciding on the inspection shall examine and decide to extend the inspection period.

The decision to extend the inspection period shall be implemented according to Model No. 29-TTr issued together with this Circular.

3. The decision to extend the inspection period shall be sent to the Inspection Team, the inspected entity, and related agencies, organizations, and individuals.

Article 30. Transferring Case Files to Investigative Agencies

In cases where the person deciding on the inspection decides to transfer case files indicating criminal offenses to Investigative Agencies, the Head of the Inspection Team shall direct the collection of case files and documents for transfer to Investigative Agencies. The handover of case files indicating criminal offenses to Investigative Agencies must be recorded in a protocol.

The transfer of case files indicating criminal offenses shall be carried out in accordance with the regulations on the coordination relationship between Inspection Agencies and functional agencies in detecting, investigating, and handling cases indicating criminal offenses proposed for prosecution by Inspection Agencies.

The document on transferring case files indicating criminal offenses to Investigative Agencies shall be implemented according to Model No. 30-TTr issued together with this Circular.

The protocol for the handover of case files between Inspection Agencies and Investigative Agencies shall be implemented according to Model No. 31-TTr issued together with this Circular.

Article 31. Concluding the Inspection at the Inspected Location

1. Before concluding the inspection at the inspected location, the Head of the Inspection Team shall organize a meeting of the Inspection Team to unify the work contents that need to be completed until the expected date of the direct inspection conclusion.

2. The Head of the Inspection Team shall report to the person deciding on the inspection about the expected conclusion of the inspection at the inspected location.

3. The Head of the Inspection Team shall notify in writing the time of concluding the inspection at the inspected location and send it to the inspected entity. If necessary, a meeting may be organized with the inspected entity to announce the conclusion of the direct inspection. The content of the meeting shall be recorded in a protocol concluding the inspection at the inspected location.

The notification document concluding the inspection at the inspected location shall be implemented according to Model No. 32-TTr issued together with this Circular.

4. The conclusion of the inspection at the inspected location shall be concluded when the inspection period has expired or when the inspection period has not yet expired but all inspection contents have been completed according to the approved inspection plan.

Section 3

CONCLUSION OF INSPECTION

Article 32. Report on the Results of the Inspection Task of the Inspector Team Member

1. Within the latest five working days from the date of completion of the inspection at the inspected location, the inspector team member shall be responsible for reporting in writing to the Chief Inspector about the results of the assigned tasks and shall bear responsibility for the accuracy, objectivity, and truthfulness of the contents of such report.

2. The report on the results of the inspection task of the inspector team member must include the following main contents:

a) Assigned tasks, results of checking and verifying each inspection content;

b) Clear conclusions on correctness or incorrectness of each verified content, clearly stating acts of corruption discovered through inspection (if any), specifying legal provisions serving as the basis for such conclusions;

c) Clearly identifying the nature, degree of violation, causes, and responsibilities of agencies, organizations, and individuals who violated the law;

d) Proposing recommendations and suggestions for handling economic, administrative, and criminal matters (if any) against agencies, organizations, and individuals who violated the law; proposing measures to address weaknesses and deficiencies in management work, amending and supplementing mechanisms, policies, and laws; clearly stating legal provisions and practical bases for such proposals and suggestions.

3. In case the Chief Inspector finds that the report on the results of the inspection task of the inspector team member is incomplete, inaccurate, or unclear, the Chief Inspector shall require the inspector team member to provide additional reports and clarify the issues.

Article 33. Report on the Results of the Inspector Team's Inspection

1. Based on the report on the results of the inspection task of the inspector team member and the results of studying files and documents, the Chief Inspector shall lead the preparation of the report on the results of the Inspector Team's inspection.

2. The report on the results of the administrative inspection of the Inspector Team shall be implemented according to the provisions of Clause 2, Article 49 of the Inspection Law and Article 29 of Decree No. 86/2011/NĐ-CP.

3. The report on the results of the specialized inspection of the Inspector Team shall be implemented according to the provisions of Article 25 of Decree No. 07/2012/NĐ-CP.

4. During the process of preparing the report on the results of the Inspector Team's inspection, when necessary, the Chief Inspector may seek opinions from relevant agencies, organizations, and individuals to ensure that comments, evaluations, conclusions, and recommendations for handling are accurate and objective.

The report on the results of the Inspector Team's inspection shall be prepared according to Model No. 33-TTr issued together with this Circular.

Article 34. Reviewing the Report on the Results of the Inspector Team's Inspection

1. The person who made the inspection decision shall directly study or assign a specialized agency or unit to assist in researching and reviewing the contents of the report on the inspection results.

2. In cases where it is necessary to clarify or supplement the contents in the report on the results of the inspection, the person issuing the inspection decision shall convene a meeting of the Inspector Team to hear direct reports or provide written guidance, requiring the Chief Inspector and members of the Inspector Team to report.

3. The head of the inspection team shall implement the instructions of the person who made the inspection decision; convene a meeting of the inspection team to discuss and complete supplementary reports, clarifying the report on the inspection results.

4. The Head of the inspection team shall present the supplementary report and provide additional clarification of the inspection result report to the person who issued the inspection decision, along with differing opinions of the members of the inspection team (if any).

Article 35. Drafting the Inspection Conclusion

1. After receiving the report on the results of the inspection and any supplementary reports (if any) from the Inspector Team, the person issuing the inspection decision shall instruct the Chief Inspector to lead the drafting of the draft inspection conclusion to be submitted to the person issuing the inspection decision.

The content of the draft administrative inspection conclusion shall be implemented according to the provisions of Clause 2, Article 50 of the Inspection Law.

The content of the draft specialized inspection conclusion shall be implemented according to the provisions of Article 27 of Decree No. 07/2012/NĐ-CP.

2. The person issuing the inspection decision shall review or assign a specialized agency to study the draft inspection conclusion to advise and propose improvements to the draft inspection conclusion. The advisory and proposal opinions of the specialized agency to the person issuing the inspection decision shall be documented in writing and kept in the inspection file.

3. During the process of drafting the inspection conclusion, the person issuing the inspection decision has the right to request the Chief Inspector, members of the Inspector Team, and the inspected entity to explain to clarify further issues intended to be concluded regarding the inspection content.

4. If necessary, to ensure that comments, evaluations, conclusions, and recommendations for handling are accurate and objective, the person issuing the inspection decision may decide to conduct supplementary inspections, request expert appraisals, or seek opinions from relevant agencies, organizations, and individuals.

5. When sending the draft inspection conclusion to the inspected entity for explanation, the explanation provided by the inspected entity must be in writing and accompanied by information, documents, and evidence to support the explanation.

The Chief Inspector shall be responsible for researching and proposing to the person issuing the inspection decision how to handle the explanations provided by the inspected entity to complete and submit the draft inspection conclusion to the reviewing unit.

The content of incorporating the explanations provided by the inspected entity, the opinions of the reviewing unit, and the opinions of relevant agencies, organizations, and individuals as stipulated in Clause 4 of this Article (if any) must be reported in writing by the Chief Inspector to the person issuing the inspection decision and kept in the inspection file.

Article 36. Signing and Issuing Inspection Conclusions

1. The person issuing the inspection decision shall examine and handle the report of the Head of the Inspection Team, instruct the Head of the Inspection Team to continue perfecting the draft inspection conclusion for submission to the person issuing the inspection decision to sign and issue.

2. Administrative inspection conclusions shall be sent to the inspected entity and relevant agencies, organizations, and individuals in accordance with Clause 1 of Article 50 of the Inspection Law and other related provisions.

3. Specialized inspection conclusions shall be sent to the inspected entity and relevant agencies, organizations, and individuals in accordance with Clause 4 of Article 27 of Decree No. 07/2012/NĐ-CP and other related provisions.

Inspection conclusions shall be implemented according to Model No. 34-TTr issued together with this Circular.

Article 37. Publicizing Inspection Conclusions

1. Within ten days from the date of signing the inspection conclusion, the person issuing the inspection decision shall be responsible for publicizing the inspection conclusion in accordance with Article 39 of the Inspection Law and Article 46 of Decree No. 86/2011/NĐ-CP.

2. The Head of the Inspection Team shall be responsible for assisting the person issuing the inspection decision in preparing the content for publicizing the inspection conclusion.

Article 38. Summarizing the Activities of the Inspection Team

1. The Head of the Inspection Team shall be responsible for organizing a meeting of the Inspection Team to summarize and draw lessons from the activities of the Inspection Team. The content of the Inspection Team meeting shall be recorded in minutes and kept in the inspection file.

2. The content of summarizing the activities of the Inspection Team includes:

a) Evaluating the inspection results compared to the purpose and requirements of the inspection;

b) Evaluating the results of performing assigned responsibilities, compliance with regulations on the operation and work relations of the Inspection Team, procedures and processes for conducting an inspection, supervision and inspection regulations for the Inspection Team, conduct rules for inspection officers, and other relevant regulations concerning the activities of the Inspection Team;

c) Lessons learned from the inspection;

d) Proposing rewards for the Head of the Inspection Team, members of the Inspection Team, and individuals with outstanding achievements in inspection activities (if any);

đ) Reviewing and clarifying the responsibility of the Head of the Inspection Team, members of the Inspection Team who violate regulations during inspection activities (if applicable);

e) Other recommendations and proposals of the Inspection Team (if any).

3. Upon completion of summarizing the activities of the Inspection Team, the Head of the Inspection Team must submit a written report to the person issuing the inspection decision and the head of the main agency or unit conducting the inspection.

Article 39. Establishing, Handing Over, Managing, and Using Inspection Files

The establishment, handover, management, and use of inspection files shall be carried out in accordance with Article 43 of Decree No. 86/2011/NĐ-CP and other related provisions.

The handover of inspection files to the storage unit must be recorded in a Protocol. The Protocol for handing over inspection files to the storage unit shall be implemented according to Model No. 35-TTr issued together with this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 40. Effectiveness and Implementation

1. This Circular takes effect from December 1, 2014.

2. This Circular abolishes Circular No. 02/2010/TT-TTCP dated March 2, 2010, issued by the General Inspectorate on Procedures for Conducting an Inspection; Decision No. 2151/2006/QĐ-TTCP dated November 10, 2006, issued by the General Inspectorate on the Operation Regulations of the Inspection Team; Decision No. 2894/2008/QĐ-TTCP dated December 23, 2008, issued by the General Inspectorate amending and supplementing certain articles of the Operation Regulations of the Inspection Team issued by Decision No. 2151/2006/QĐ-TTCP dated November 10, 2006, of the General Inspectorate; Decision No. 1131/2008/QĐ-TTCP dated June 17, 2008, issued by the General Inspectorate on Forms and Models in Inspection Activities, Complaints, and Petitions Resolution.

3. Within the scope, functions, duties, and powers prescribed by law and when necessary, the Minister or the head of a ministerial-level agency may stipulate procedures and processes for conducting specialized inspections in accordance with the nature and characteristics of specialized inspection activities.

4. During implementation, if there are difficulties, obstacles, or new issues arise, agencies, organizations, and units shall promptly reflect them to the Government Inspectorate for research, amendment, and supplementation./.