Circular No. 06/2021/TT-TTCP provides detailed regulations on the organization and operation of inspection teams and the procedures for conducting inspections.

CIRCULAR

Regulations on the organization and operation of inspection teams

and procedures for conducting an inspection

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Based on the Inspection Law dated 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/NĐ-CP dated February 9, 2012 of the Government stipulating agencies assigned to perform specialized inspection functions and specialized inspection activities;

Pursuant to Decree No. 50/2018/NĐ-CP dated April 9, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Based on the proposal of the Head of the Legal Department and the Head of the Organizational and Cadre Affairs Department;

The General Inspector of the Government issues this Circular regulating the organization and operation of inspection teams, procedures for conducting inspections, supervision of inspection team activities, review of draft inspection conclusions, issuance and publicizing of inspection conclusions.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to heads of state management agencies, heads of state inspection agencies, heads of agencies assigned to perform specialized inspection functions, inspection team leaders, members of inspection teams, civil servants assigned to perform specialized inspection tasks, persons assigned to monitor situations, persons performing supervision, persons performing reviews, and related agencies, organizations, and individuals.

Article 2. Applicability

It specifies the specific content of inspections, inspection subjects, and inspection periods as the basis for conducting an inspection.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Scope of inspection It refers to the implementation of policies, laws, assigned tasks, and powers, or compliance with specialized laws, technical regulations, and management rules within the industry or field of the inspected subject.

2. Inspection content It refers to agencies, organizations, and individuals under the jurisdiction of state agencies at the same level as the agency tasked with conducting the inspection, and other agencies, organizations, and individuals specified in the Inspection Decision.

3. Inspection subject It refers to the period during which policies, laws, assigned tasks, and powers, or compliance with specialized laws, technical regulations, and management rules within the industry or field of the inspected subject are examined and evaluated in an inspection, as determined in the Inspection Decision.

4. Inspection period It refers to the period calculated from the date of publication of the Inspection Decision to the end of direct inspection activities at the inspected location, excluding days off as prescribed by law.

5. Duration of Inspection It refers to the monitoring, collection of information, and reporting on compliance with laws, adherence to ethical standards, conduct rules, discipline, and the performance of assigned tasks by the inspection team leader and team members.

6. Supervision of the Inspection Team's activities Person performing supervision

7. It refers to the Supervision Team and civil servants assigned by the person issuing the inspection decision to supervise the activities of the inspection team. It refers to the review and evaluation to propose recommendations for improving the draft inspection conclusion prepared by experts in fields relevant to the inspection content when assigned by the person issuing the inspection decision.

8. Review of draft inspection conclusions Article 4. Responsibilities of the Head of Administrative State Agencies

Within their scope of duties and authority, the head of administrative state agencies shall be responsible for organizing, directing, guiding, inspecting, urging the inspection agency and agencies under their management in inspection work; resolving difficulties and obstacles, promptly addressing inspection recommendations, and directing and organizing the implementation of inspection conclusions in accordance with the law.

Within the scope of their duties and authority, the Head of the State Administrative Agency shall be responsible for organizing, directing, guiding, inspecting, urging the inspection agency and other agencies under their administrative control to carry out inspection work; resolving difficulties and obstacles, promptly addressing inspection recommendations, and directing and organizing the implementation of Inspection Conclusions in accordance with the provisions of the law.

Article 5. Responsibilities of the Inspectorate Decision Maker, Head of the Inspection Team, and Heads of Agencies and Units Mainly in Charge of the Inspection

1. The Inspectorate Decision Maker shall be responsible for organizing and directing the Inspection Team, ensuring the principles of inspection activities, ensuring that the inspection is carried out in accordance with the law, its purpose, and requirements; promptly addressing any reports, recommendations from the Inspection Team; complaints, denunciations, recommendations, and reports related to the activities of the Inspection Team.

2. The Head of the Inspection Team shall be responsible for organizing and directing members of the Inspection Team to implement the inspection content and progress according to the Inspection Decision and the inspection plan; implementing information and reporting systems as required by the Inspectorate Decision Maker; being accountable to the Inspectorate Decision Maker for the activities of the Inspection Team.

3. The Head of the agency or unit mainly in charge of the inspection shall be responsible for proposing participants for the Inspection Team; supervising members of the Inspection Team belonging to their own agency or unit; performing other tasks assigned by the Inspectorate Decision Maker.

Article 6. Responsibilities of the Inspected Object and Relevant Agencies, Organizations, Units, and Individuals

1. Agencies, organizations, and individuals who are the inspected objects shall be responsible for reporting, explaining, and providing complete and timely information and documents related to the inspection content as prescribed by law; implementing requests, conclusions, recommendations, and decisions on handling inspections made by authorized persons.

2. Agencies, organizations, units, and individuals related to the inspection content shall be responsible for providing complete and timely information and documents as required by authorized persons conducting inspections according to the provisions of the law.

Article 7. Ensuring Discipline in Inspection Activities

1. Inspection activities shall be conducted under the head system. Members of the Inspection Team must comply with the decisions and directives of the Head of the Inspection Team; the Head of the agency or unit mainly in charge of the inspection and the Head of the Inspection Team must comply with the decisions and directives of the Inspectorate Decision Maker.

2. Members of the Inspection Team, the Head of the Inspection Team, and the Head of the agency or unit mainly in charge of the inspection have the right to reserve their opinions regarding matters related to the results of the assigned tasks.

Chapter II
ORGANIZATION OF THE INSPECTION TEAM

Article 8. Composition of the Inspection Team

The Inspection Team includes the Head of the Inspection Team, Deputy Head of the Inspection Team (if necessary), and members of the Inspection Team.

The Deputy Head of the Inspection Team is responsible for assisting the Head of the Inspection Team in carrying out assigned tasks, managing certain activities of the Inspection Team when delegated by the Head of the Inspection Team. Other provisions of this Circular concerning members of the Inspection Team also apply to the Deputy Head of the Inspection Team, except where there are specific provisions.

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

Article 9. Proposing Participants for the Inspection Team

1. The Head of the agency or unit mainly in charge of the inspection shall be responsible for proposing individuals with appropriate professional qualifications and expertise to serve as the Head of the Inspection Team, Deputy Head of the Inspection Team, and the number of participants in the Inspection Team for the Inspectorate Decision Maker to consider and decide.

2. The Head of the agency or unit mainly in charge of the inspection shall consult and agree with the proposed Head of the Inspection Team about the proposed members of the Inspection Team. The proposal for the Head and members of the Inspection Team must be notified to the direct management and usage units of the proposed individuals, the units responsible for organizational and personnel work, and the proposed members of the Inspection Team.

Article 10. Standards for the Head of Inspection Team

1. General Standards:

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

b) Have appropriate professional qualifications to meet the requirements and tasks of the inspection;

c) Be familiar with inspection procedures; have the ability to analyze, evaluate, and synthesize issues related to the content and field being inspected;

d) Have the ability to organize, manage, and guide members of the Inspection Team in performing assigned inspection tasks.

2. Specific Standards:

a) For Inspection Teams established by the Government Inspector General, the Head of Inspection Team must be at least a Department Head or a Senior Inspector;

b) For Inspection Teams established by Ministers, Chairpersons of Provincial People's Committees, Heads of Inspectors' Offices of Ministries, Heads of agencies responsible for specialized inspection functions at general bureaus and equivalent levels, or bureaus under ministries, or Heads of Inspectors' Offices of provinces, the Head of Inspection Team must be at least a Deputy Department Head, a Senior Inspector, or equivalent;

c) For Inspection Teams established by Directors of Departments, Heads of Inspectors' Offices of Departments, or Heads of agencies responsible for specialized inspection functions at bureaus under general bureaus or equivalent levels, the Head of Inspection Team must be at least an Inspector or equivalent;

d) For Inspection Teams established by Chairpersons of District People's Committees, Heads of Inspectors' Offices of districts, or Heads of agencies responsible for specialized inspection functions at branches under departments or bureaus or equivalent levels, the Head of Inspection Team must be at least an Inspector or equivalent.

Article 11. Situations Prohibiting Participation in Inspection Teams

1. Persons falling under any of the following circumstances shall not participate in the Inspection Team:

a) Individuals who hold shares in enterprises that are the subjects of inspection, except where otherwise provided by law;

b) Individuals whose spouse, father, mother, child, brother, sister, or full-blooded sibling is the head, deputy head, personnel management officer, accountant, cashier, or warehouse manager in the inspected agency, organization, or unit;

c) Individuals currently undergoing disciplinary review or criminal prosecution;

d) Individuals whose violations have been handled according to Clause 1 and Clause 2 of Article 51 of this Circular and whose disciplinary records or criminal records have not yet expired;

đ) Individuals who do not meet other conditions required for participation in Inspection Teams as stipulated by law.

2. Individuals falling into any of the following situations shall not serve as the Head of Inspection Team:

a) Falling into any of the situations specified in Clause 1 of this Article;

b) Individuals whose spouse, father, mother, father-in-law, mother-in-law, son, daughter, brother, sister, or full-blooded sibling of the spouse works in the inspected agency, organization, or unit.

3. The head of the agency or unit tasked with leading the inspection has the responsibility to check and review to identify individuals prohibited from participating in Inspection Teams before submitting the decision on inspection to the decision-maker.

If an individual proposed to be a member of the Inspection Team falls into any of the situations specified in Clause 1 and Clause 2 of this Article or other situations deemed to potentially compromise impartiality, they must report to the head of the agency or unit tasked with leading the inspection before the inspection decision is issued.

4. During the course of the inspection, if it is discovered that an individual falls into any of the situations specified in Clause 1 and Clause 2 of this Article, the decision-maker on the inspection shall consider and decide on changing the Head of Inspection Team or members of the Inspection Team.

During the inspection process, if an individual realizes they fall into any of the situations specified in Clause 1 and Clause 2 of this Article, they must report to the decision-maker on the inspection for consideration and decision.

Article 12. Changing Members of the Inspection Team, Chief Inspector

1. The decision maker for inspection shall consider and change members of the Inspection Team when a member falls under one of the following circumstances:

a) Engaging in any of the prohibited acts as stipulated in Article 13 of the Inspection Law;

b) Falling under one of the circumstances specified in Clause 1, Article 11 of this Circular discovered during the inspection process;

c) Not complying with the information reporting system, directives, and management of the Chief Inspector;

d) Failing to complete assigned tasks, lacking sufficient health, or due to other objective reasons, unable to continue performing inspection duties.

2. The decision maker for inspection shall consider and change the Chief Inspector in the following cases:

a) Falling under one of the circumstances specified in points a, b, and d of Clause 1 of this Article;

b) The Chief Inspector not complying with the information reporting system, directives, and management of the decision maker for inspection;

c) The decision maker for inspection has grounds to believe that the Chief Inspector lacks the capacity to complete inspection tasks;

d) The Chief Inspector being assigned another task at the request of the competent authority.

Article 13. Procedures and Formalities for Changing the Chief Inspector, Members of the Inspection Team, and Supplementing Members of the Inspection Team

1. Changing the Chief Inspector

a) In the case of changing the Chief Inspector as prescribed in Clause 2, Article 12 of this Circular, the decision maker for inspection requests the Head of the Directly Managing Agency or Unit of the Chief Inspector to submit a proposal for changing the Chief Inspector along with a draft Decision on changing the Chief Inspector and related documents (if any).

If the Chief Inspector concurrently serves as the Head of the Leading Agency or Unit of the inspection, the decision maker for inspection requests the Head of the Unit responsible for organizational and personnel work to submit a proposal for changing the Chief Inspector along with a draft Decision on changing the Chief Inspector;

b) The decision maker for inspection bases the decision on the proposal and other relevant information about the activities of the Inspection Team to issue a Decision on changing the Chief Inspector.

The Decision on changing the Chief Inspector is implemented according to Model Number 01 issued together with this Circular.

2. Changing Members of the Inspection Team

a) In the case of changing members of the Inspection Team as prescribed in Clause 1, Article 12 of this Circular, the Chief Inspector informs the Head of the Directly Managing Agency or Unit of the member and submits a proposal requesting the decision maker for inspection to change the member of the Inspection Team.

b) The decision maker for inspection bases the decision on the Chief Inspector's proposal, the results of monitoring the activities of the Inspection Team, and other relevant information about the activities of the Inspection Team to issue a Decision on changing the member of the Inspection Team. In case of disagreement, the decision maker for inspection responds to the proposer and provides specific reasons.

The Decision on changing the member of the Inspection Team is implemented according to Model Number 02 issued together with this Circular.

3. Supplementing Members of the Inspection Team

When deemed necessary based on the requirements of the inspection tasks, the Chief Inspector discusses and agrees with the Head of the Directly Managing or Using Agency on the person proposed to be added to the Inspection Team, submits a proposal and a draft Decision on supplementing a member of the Inspection Team to the decision maker for inspection. The proposal must clearly state the reason, name, and position of the person to be supplemented. If the decision maker for inspection disagrees with the proposal to supplement a member of the Inspection Team, they respond to the proposer and provide specific reasons.

The Decision on supplementing a member of the Inspection Team is implemented according to Model Number 03 issued together with this Circular.

4. Decisions on changing the Chief Inspector, changing members of the Inspection Team, and supplementing members of the Inspection Team must be sent to the inspected entity.

Chapter III
PREPARATION FOR INSPECTION

Article 14. Collection of Information and Documents for Inspection Preparation

1. Before issuing the Inspection Decision, based on their functions, tasks, and state management authority, the Heads of State Management Agencies, Heads of State Inspection Agencies, and Heads of agencies performing specialized inspection functions (collectively referred to as the Authority to Issue the Inspection Decision) shall direct the collection of information and documents to serve the issuance of the Inspection Decision, based on the proposal of the Head of the agency or unit expected to lead the inspection.

2. The collection of information and documents shall be carried out as follows:

a) Requesting agencies, organizations, and units within the scope of inspection to report according to the Outline for Providing Information and Documents as per Model No. 04 issued together with this Circular;

b) When necessary and with the written consent of the Authority to Issue the Inspection Decision, the person assigned to collect information and documents shall directly work with the agencies, organizations, and units expected to be inspected.

3. The person assigned to collect information and documents shall have the responsibility to report the results of collecting information and documents in writing to the Head of their agency or unit and the Authority to Issue the Inspection Decision. The report shall include the following contents:

a) An overview of the operational situation of the agencies, organizations, and units expected to be inspected; the compliance situation with policies and laws of related agencies, organizations, and units concerning the inspection content;

b) Results of inspections, audits, investigations conducted by competent authorities related to the expected inspection content (if any) and other relevant information;

c) Specific proposals on the content, objects, period, and duration of the inspection.

Article 15. Issuance of the Inspection Decision

The Head of the agency or unit leading the inspection shall be responsible for proposing specific contents, objects, periods, durations, timeframes for conducting the inspection, members of the Inspection Team, and preparing a draft Inspection Decision. Based on the provisions of Article 38 of the Inspection Law, the Report on the Results of Collecting Information and Documents, and the proposal of the Head of the agency or unit leading the inspection, the Authority to Issue the Inspection Decision shall issue the Inspection Decision and instruct the Head of the Inspection Team to develop a plan to conduct the inspection.

The Inspection Decision shall be implemented according to Model No. 05 issued together with this Circular.

Article 16. Development, Approval, and Dissemination of the Plan to Conduct Inspections

1. The Head of the Inspection Team shall be responsible for leading the development of the plan to conduct inspections, including the following contents: Objectives and requirements; scope, content, objects, period, and duration of the inspection; methods of conducting the inspection; progress schedule, reporting system; use of equipment, funds, and necessary material conditions to support the activities of the Inspection Team.

The Head of the Inspection Team shall submit the plan to conduct inspections for approval by the Authority to Issue the Inspection Decision.

The time for developing and approving the plan to conduct inspections shall not exceed five working days from the date of issuance of the Inspection Decision. In cases of urgent inspections, the deadline shall not exceed three working days.

The plan to conduct inspections shall be implemented according to Model No. 06 issued together with this Circular.

2. The Head of the Inspection Team shall organize a meeting of the Inspection Team to disseminate the plan to conduct inspections, convey the objectives, requirements, contents, scope, periods, durations, timeframes, methods of conducting inspections, and assign tasks to members of the Inspection Team.

Article 17. Drafting the Outline of Requirements for the Inspected Entity to Report

1. Based on the Inspection Decision, the inspection plan, the Head of the Inspection Team shall be responsible for directing and organizing the drafting of the Outline of Requirements for the inspected entity to report.

2. Five working days prior to announcing the Inspection Decision, the Head of the Inspection Team shall send a document to the inspected entity along with the Outline of Requirements for Reporting. The document must clearly state the content, format, and deadline for reporting.

Article 18. Announcing the Inspection Decision

1. The Head of the Inspection Team shall be responsible for sending a written notice to the inspected entity regarding the announcement of the Inspection Decision; the notice must clearly specify the time, location, and participants.

2. In cases where necessary, the Head of the Inspection Team shall submit to the Inspector for signing a document announcing the announcement of the Inspection Decision.

Chapter IV
IMPLEMENTATION OF THE INSPECTION

Article 19. Announcing the Inspection Decision

1. The Inspection Decision must be announced in accordance with Clause 2 of Article 44 and Clause 2 of Article 52 of the Inspection Law.

The Head of the Inspection Team shall be responsible for announcing the Inspection Decision. In cases where necessary, the Inspector may chair the announcement or delegate the head of the agency or unit conducting the inspection to announce the Inspection Decision.

2. Participants at the announcement session of the Inspection Decision include:

a) For administrative inspection decisions: Representatives of the leading agency conducting the inspection, the Inspection Team, the person conducting supervision, the heads of agencies, organizations, and individuals who are the inspected entities. If necessary, the Head of the Inspection Team may invite representatives from related agencies, organizations, units, and individuals to attend the announcement session of the Inspection Decision;

b) For specialized inspection decisions: The inspected entity, other relevant agencies, organizations, units, and individuals as decided by the Inspector based on the report of the Head of the Inspection Team.

In cases where the inspected entity intentionally absents itself, the Head of the Inspection Team shall prepare a record confirmed by the People's Committee of the commune and continue to implement the inspection according to the plan.

In cases where violations are discovered, the announcement of the Inspection Decision can be conducted after preparing the violation record of the inspected entity.

3. The Head of the Inspection Team shall chair the announcement session of the Inspection Decision. The content of the announcement includes: The Head of the Inspection Team announces the Inspection Decision, the person conducting supervision announces the Supervision Decision (if applicable), the heads of agencies, organizations, units, and individuals who are the inspected entities report on the inspection contents as required by the Inspection Team's outline, other attendees at the announcement session of the Inspection Decision may express opinions related to the inspection content.

4. The announcement of the Inspection Decision must be recorded in a minutes document, signed by the Head of the Inspection Team and the heads of agencies, organizations, and individuals who are the inspected entities or their authorized representatives as stipulated by law.

The minutes of the announcement of the Inspection Decision shall be prepared according to Model No. 07 issued together with this Circular.

Article 20. Place and Time of Work of the Inspection Team

1. The Inspection Team shall work at the office of the inspected agency, organization, unit, the inspection agency's office, or at the location where the inspection plan is carried out.

2. The Inspection Team shall work with the inspected entity, agencies, organizations, units, and individuals related to the inspection during regular working hours. In cases where work must be conducted outside regular working hours, the Head of the Inspection Team shall decide on the specific time, notify the relevant parties, and bear responsibility for their decision.

Article 21. Collection of Information and Documents Related to the Inspection Content

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; request the inspected entity, agencies, organizations, units, and individuals related to provide information and documents related to the inspection content.

The document requesting the provision of information and documents shall be implemented according to Model No. 08 issued together with this Circular.

The handover of files and documents shall be recorded in a protocol. The protocol for handing over files and documents shall be implemented according to Model No. 09 issued together with this Circular.

2. For files and documents that do not need to be seized, the person receiving the files and documents shall return them to the inspected entity, agencies, organizations, units, and individuals related before the end of the direct inspection. The return of files and documents must be recorded in a handover protocol as stipulated in Clause 1 of this Article.

3. The management, exploitation, and use of inspection-related information and documents shall be implemented in accordance with the laws on inspection and other relevant laws.

Article 22. Verification and Clarification of Information and Documents

1. The Head of the Inspection Team and members of the Inspection Team shall be responsible for studying the collected information and documents; evaluate the implementation of policies, laws, tasks, and powers of the inspected entity related to the inspection content; request persons responsible and those related to explain unclear issues; in cases where it is necessary to directly work with the inspected entity or related persons, members 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 inspection content, the Head of the Inspection Team and the Decision Maker of the Inspection may invite the inspected entity, representatives of agencies, organizations, units, and individuals related to work or request the inspected entity to report. The document requesting the report shall be implemented according to Model No. 10 issued together with this Circular.

In cases where it is necessary to verify events or clarify issues related to ongoing events, the Head of the Inspection Team and the Decision Maker of the Inspection may invite additional representatives of the People's Committee of the commune where the event occurred or other witnesses.

2. The verification shall be recorded in a protocol according to Model No. 11 issued together with this Circular.

Article 23. Models of Documents Implementing Rights in Inspection Activities

1. The decision to seal documents shall be implemented according to Model No. 12, the protocol for sealing documents shall be implemented according to Model No. 13, the decision to open sealed documents shall be implemented according to Model No. 14, and the protocol for opening sealed documents shall be implemented according to Model No. 15 issued together with this Circular.

2. The decision to inventory assets shall be implemented according to Model No. 16, and the protocol for inventorying assets shall be implemented according to Model No. 17 issued together with this Circular.

3. The document requesting an appraisal shall be implemented according to Model No. 18 issued together with this Circular.

4. The decision to temporarily suspend shall be implemented according to Model No. 19, and the document requesting the suspension of activities causing damage shall be implemented according to Model No. 20 issued together with this Circular.

5. The decision to temporarily detain money, objects, and permits shall be implemented according to Model No. 21, and the document requesting the temporary detention of money, objects, and permits shall be implemented according to Model No. 22 issued together with this Circular.

6. The decision to recover money shall be implemented according to Model No. 23, and the decision to recover assets shall be implemented according to Model No. 24 issued together with this Circular.

7. The document requesting the temporary suspension of the execution of a decision shall be implemented according to Model No. 25 issued together with this Circular.

8. The document requesting the temporary suspension of duties for civil servants and public officials shall be implemented according to Model No. 26 issued together with this Circular.

9. The decision to revoke one of the Decisions specified in Points d, e, g, h, and i of Clause 1 of Article 46 or Points d, đ, e, g, and h of Clause 1 of Article 48 of the Inspection Law (for administrative inspections); Points g, h, i, k, and l of Clause 1 of Article 53 or Points d, đ, e, and g of Clause 1 of Article 55 of the Inspection Law (for specialized inspections) shall be implemented according to Model No. 27 issued together with this Circular.

Article 24. Handling violations during the inspection process

1. During the inspection process, if violations are discovered, the Head of the Inspection Team and members of the Inspection Team shall prepare a record of the violation to serve as the basis for handling according to the provisions of the law. For acts of violation that require administrative penalties, the Head of the Inspection Team and members of the Inspection Team shall prepare an administrative violation record to handle within their authority or transfer it to the competent authority for handling according to the provisions of the law.

The person issuing the inspection decision, the Head of the Inspection Team, and members of the Inspection Team must exercise the rights in inspection activities stipulated in Articles 46, 48, 53, and 55 of the Inspection Law to stop the act of violation, promptly protect the interests of the State, the legitimate rights and interests of agencies, organizations, units, and individuals.

2. In cases where the inspected object, agency, organization, unit, or individual's violation does not fall within their authority to handle, the Head of the Inspection Team shall propose to the person issuing the inspection decision or the head of the competent state agency to consider and handle.

3. When signs of criminal offenses are detected, the Head of the Inspection Team must report to the person issuing the inspection decision for consideration and decision to transfer information and case files to the competent investigative agency for handling according to the provisions of the law. In this case, the person issuing the inspection decision directs the Inspection Team to continue inspecting according to the approved inspection plan and issue the Inspection Conclusion according to the provisions of the law.

The transfer and handover of case files with signs of criminal offenses to the investigative agency must be documented and carried out according to Model No. 28 and Model No. 29 issued together with this Circular.

Article 25. Amending and Supplementing the Content of the Inspection Plan

The person issuing the inspection decision decides on amending and supplementing the content of the inspection plan based on the proposal of the Head of the Inspection Team or the request of the competent agency, organization, or individual. The amendment and supplementation of the inspection plan must not exceed the scope of inspection already determined in the Inspection Decision.

The Head of the Inspection Team must seek the opinion of the head of the main agency or unit conducting the inspection regarding the content of the amendment and supplementation of the inspection plan before submitting it to the person issuing the inspection decision for consideration and decision.

Article 26. Extension of the Inspection Period

1. The extension of the inspection period shall be implemented in the following cases:

a) Complex inspections, particularly complex inspections involving multiple fields, agencies, units, and areas;

b) Needing to obtain specialized opinions from agencies, organizations, units, or individuals, or conducting expert appraisals related to the inspection;

c) Needing to verify and clarify matters involving foreign elements within the scope of the inspection;

d) Needing to verify and clarify acts of corruption as defined in Clause 1 of Article 2 of the Anti-Corruption Law;

đ) When the inspected object, agency, organization, unit, or individual obstructs cooperation, resistance, or creates difficulties for the inspection activities affecting the inspection period;

e) There are unforeseen events affecting the progress of the inspection.

2. The extension of the inspection period shall be considered and decided by the person issuing the inspection decision. For the cases specified in points a, b, c, d, and đ of Clause 1 of this Article, the extension of the inspection period shall not exceed the maximum time limit prescribed in Article 45 of the Inspection Law and Article 16 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities.

The Head of the Inspection Team shall send a written request to the person issuing the inspection decision to extend the inspection period along with a draft Decision on extending the inspection period; the request must clearly state the reasons and duration of the extension. The Decision on extending the inspection period shall be carried out according to Model No. 30 issued together with this Circular.

3. The Decision on extending the inspection period shall be sent to the Inspection Team, the inspected object, and relevant agencies, organizations, units, and individuals.

Article 27. Reporting System, Inspection Team's Daily Log

1. Reporting System:

a) The Head of the Inspection Team shall assign tasks for inspection and verification to members of the Inspection Team in writing, specifying the content of work, time of execution, and deadline for reporting.

Members of the Inspection Team must complete their assigned tasks within the given timeframe and report to the Head of the Inspection Team on the completion of their tasks immediately upon completion.

In cases where issues arise outside the scope of assigned tasks or require immediate resolution, members of the Inspection Team must report to the Head of the Inspection Team for review and decision.

b) The Head of the Inspection Team must report on the progress and results of the assigned tasks to the Decision-Maker of the Inspection according to the schedule determined in the inspection plan or at the request of the Decision-Maker of the Inspection.

Reports on the progress and results of the assigned tasks by the Head of the Inspection Team shall be submitted to the person responsible for supervising the activities of the Inspection Team.

2. Inspection Team's Daily Log:

a) The Head of the Inspection Team is responsible for accurately, objectively, and truthfully recording in the Inspection Team's Daily Log all contents related to the activities of the Inspection Team from the date of announcement of the Inspection Decision until the issuance of the Inspection Conclusion. The Inspection Team's Daily Log shall be stored in the Inspection File.

The Head of the Inspection Team is responsible for managing the Inspection Team's Daily Log together with other documents during the inspection process.

b) The Inspection Team's Daily Log shall be provided to the Inspection Team by the Decision-Maker of the Inspection when issuing the Inspection Decision. In cases where the Inspection Team is established by the Head of the State Administrative Management Agency signing the establishment decision, the Inspection Team's Daily Log shall be provided by the Head of the Inspection Agency at the same level as the Head of the State Administrative Management Agency.

c) Printing and Distribution of the Inspection Team's Daily Log:

The Government Inspectorate shall organize the printing and distribution of the Inspection Team's Daily Log for the Government Inspectorate.

The Inspectorate of Ministries and Sectors shall organize the printing and distribution of the Inspection Team's Daily Log for the Inspectorate of Ministries, agencies entrusted with specialized inspection functions under their management, and the Inspectorate of the Ministry.

The Provincial Inspectorate shall organize the printing and distribution of the Inspection Team's Daily Log for the Provincial Inspectorate, Department Inspectorate, County Inspectorate, and agencies entrusted with specialized inspection functions under local management.

d) The Inspection Team's Daily Log shall be implemented according to Model No. 31 issued together with this Circular.

It is encouraged to apply information technology in recording the Inspection Team's Daily Log.

Article 28. Completion of Inspection at the Inspected Location

Prior to concluding the inspection at the inspected location, the Head of the Inspection Team shall report to the Decision-Maker of the Inspection and notify the inspected entity in writing about the conclusion of the direct inspection. If necessary, the Head of the Inspection Team shall organize a meeting with the inspected entity to announce the conclusion of the direct inspection.

The notification of the conclusion of the inspection at the inspected location shall be carried out according to Model No. 32 issued together with this Circular.

Chapter V
SUPERVISION OF INSPECTION TEAM ACTIVITIES

Article 29. Responsibilities of the Inspectorate Decision Maker, Head of the Directly Managing Agency or Unit of Inspectors Participating in the Inspection Team

1. The inspectorate decision maker shall be responsible for supervising the activities of the inspection team. In cases where the supervision is delegated to a civil servant within their authority or to a supervision team (collectively referred to as the supervisor), the inspectorate decision maker shall issue a supervision decision according to Model No. 33 issued together with this Circular.

2. The head of the agency or unit directly managing the civil servants participating in the inspection team shall be responsible for supervising their subordinates during the performance of inspection tasks.

3. The following persons shall not be assigned the task of supervising the activities of the inspection team:

a) As specified in Clause 2, Article 11 of this Circular;

b) Those who have a spouse, father, mother, child, brother, sister, or half-sibling serving as the Chief Inspector or member of the inspection team.

Article 30. Content of Supervision over the Activities of the Inspection Team

1. Compliance with legal provisions regarding the basis, jurisdiction, and procedures and formalities for exercising rights and obligations in the inspection activities of the Chief Inspector and members of the inspection team.

2. Compliance with directives from the inspectorate decision maker and implementation of the inspection decision, inspection plan, information and reporting systems, and other requirements of the inspection.

3. Adherence to ethical standards, conduct rules for inspection officials, and legal prohibitions on actions of the Chief Inspector and members of the inspection team.

4. Other contents as assigned by the inspectorate decision maker.

Article 31. Organization of Supervision

1. Within five working days from the date of issuing the supervision decision, the head of the supervision team or the civil servant tasked with supervision shall be responsible for drafting and submitting to the inspectorate decision maker for approval a supervision plan for the inspection team's activities.

The supervision plan must clearly state its objectives, requirements, content, form, progress, and division of responsibilities. The supervision plan shall be sent to the inspection team.

The supervision plan for the inspection team's activities shall be carried out according to Model No. 34 issued together with this Circular.

2. Supervision shall be conducted through reviewing reports from the inspection team and other collected information and documents.

When there are reports, suggestions, complaints, or accusations about violations of the provisions set forth in Clause 3, Article 30 of this Circular, the inspectorate decision maker shall consider and decide to assign the supervisor to work with the inspection team to clarify the reports, suggestions, complaints, or accusations.

The supervisor may only work with the inspected entity and related agencies, organizations, and individuals upon request from the inspectorate decision maker.

The minutes of the meeting shall be prepared according to Model No. 35 issued together with this Circular.

Article 32. Tasks and Authorities of the Supervisor

1. Work with the inspection team, inspected entities, and relevant agencies, organizations, units, and individuals concerning the supervision content.

2. Request the inspection team to provide the following information and documents:

a) Inspection decisions, decisions extending the inspection period, decisions supplementing or changing the Chief Inspector or members of the inspection team, inspection plans, and directives from the inspectorate decision maker;

b) Reports on the performance of duties by members of the inspection team to the Chief Inspector and by the Chief Inspector to the inspectorate decision maker;

c) The inspection team’s logbook;

d) Letters, petitions, complaints, or accusations related to the inspection team's activities (if any);

đ) Other documents as directed by the inspectorate decision maker.

3. Report to the inspectorate decision maker:

a) Regular reports according to the approved supervision plan for the inspection team's activities and ad hoc reports as required by the inspectorate decision maker;

b) Reports when discovering that the Chief Inspector or members of the inspection team have violated laws or conduct rules in inspection activities;

c) Reports when there is evidence that the inspection team's activities are inconsistent with the approved inspection plan;

d) Reports at the conclusion of the supervision activity.

4. Propose to the inspectorate decision maker to consider and decide on changing the Chief Inspector or members of the inspection team.

Article 33. Responsibilities of the Head of the Inspection Team and Members of the Inspection Team in Supervisory Activities

1. Provide promptly, fully, accurately, and objectively information and documents as prescribed in Clause 2, Article 32 of this Circular.

2. Explain and clarify issues related to the supervisory content upon request of the person conducting supervision.

3. Report to the Decision Maker on Inspection in cases where the person conducting supervision commits violations of laws during the supervision process.

4. Report the progress of inspection tasks to the Heads of the managing agencies or units directly responsible for implementing supervision as prescribed.

Article 34. Report on Supervision Results

1. Within the latest fifteen working days from the end date of direct inspection, the person conducting supervision shall be responsible for drafting the Report on Supervision Results to submit to the Decision Maker on Inspection. The Report on Supervision Results shall be prepared according to Model No. 36 issued together with this Circular.

2. The Report on Supervision Results includes the following contents:

a) Evaluation of the implementation of tasks by the Inspection Team as stipulated in Article 30 of this Circular;

b) Clarify any violations (if any) of the Head of the Inspection Team and members of the Inspection Team through reviewing information, reflections, recommendations, complaints; recommend measures for handling;

c) Other relevant contents (if any).

Article 35. Handling of Supervision Results

1. Based on information, reports during the supervision process and the Report on Supervision Results, the Decision Maker on Inspection shall be responsible for:

a) Timely considering and resolving within their authority any recommendations of the person conducting supervision related to the activities of the Inspection Team;

b) Applying measures to urge and correct the activities of the Inspection Team to ensure the purpose, requirements, and progress of the inspection;

c) Considering and deciding on changing the Head of the Inspection Team and members of the Inspection Team based on the proposal of the person conducting supervision.

2. In case of discovering that the Head of the Inspection Team, members of the Inspection Team, or the person conducting supervision commit violations of laws, depending on the nature and degree of violation, the Decision Maker on Inspection shall consider and handle within their authority, propose to the competent authority for handling, or transfer the case file to the investigation agency for criminal responsibility pursuit if there are signs of criminal offenses.

Article 36. Supervision by the Heads of Agencies or Units Directly Managing the Head of the Inspection Team and Members of the Inspection Team

The Heads of Agencies or Units Directly Managing the Head of the Inspection Team and Members of the Inspection Team shall conduct supervision over the civil servants under their direct management as follows:

1. Require the civil servants under their direct management to report on the implementation of assigned inspection tasks.

2. Review information, reflections, recommendations, complaints about compliance with laws on inspections and the implementation of inspection tasks by the civil servants under their direct management to apply measures for handling within their authority or report to the Decision Maker on Inspection for handling.

Article 37. Supervision Files

1. Supervision files include the following documents:

a) Decision on supervision, supervision plan;

b) Reports, documents recommending handling by the person conducting supervision;

c) Minutes of meetings with the Inspection Team and related agencies, organizations, units, and individuals (if any);

d) Reports, documents, materials of the Inspection Team sent to the person conducting supervision;

đ) Report on supervision results;

e) Other related documents.

2. The Report on Supervision Results shall be submitted to the Head of the Inspection Team for management and retention together with the Inspection File. In cases where the Report on Supervision Results contains accusations of violations by the Head of the Inspection Team and members of the Inspection Team, it shall be submitted after issuing the Inspection Conclusion.

Chapter VI
CONCLUSION OF THE INSPECTION

Section 1

REPORT ON INSPECTION RESULTS, CONSTRUCTION

 DRAFT INSPECTION CONCLUSION

Article 38. Report on the Results of the Duties Performed by Members of the Inspection Team

1. Within the latest five working days from the date of completion of the inspection at the inspected location, members of the inspection team shall be responsible for submitting a written report to the head of the inspection team regarding the results of the assigned tasks and shall bear responsibility for the accuracy, objectivity, and truthfulness of the contents of such reports.

2. The report on the results of the duties performed by members of the inspection team must include the following contents:

a) The results of verification and investigation according to the assigned tasks;

b) Clear conclusions on correctness or incorrectness for each content that has been verified and investigated and the legal provisions serving as the basis for such conclusions; clearly state acts of corruption discovered through inspection (if any);

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

d) Propose recommendations and suggestions for economic, administrative, and criminal handling (if applicable) against agencies, organizations, units, and individuals who have violated the law; propose measures to address weaknesses and deficiencies in management work; suggest amendments and supplements to mechanisms, policies, and laws; clearly state the legal provisions and practical bases for these recommendations and suggestions.

3. In cases where the head of the inspection team finds that the contents of the report on the results of the duties performed by members of the inspection team are unclear or incomplete, the head of the inspection team shall require members of the inspection team to supplement and complete the report.

Article 39. Report on the Results of the Inspection by the Inspection Team

1. Based on the reports on the results of the duties performed by members of the inspection team and the files and documents of the inspection team, the head of the inspection team shall lead the preparation of the report on the results of the inspection by the inspection team. In cases where the head of the inspection team cannot continue to perform the task due to health reasons or other reasons, the person issuing the inspection decision shall assign the deputy head of the inspection team (in cases where the inspection team has a deputy head) or assign a member of the inspection team to prepare and submit the report on the results of the inspection until a decision to change the head of the inspection team is made.

2. The head of the inspection team must seek opinions from members of the inspection team on the draft report on the results of the inspection by the inspection team. Members of the inspection team have the right to reserve their opinions on the contents related to the results of the assigned tasks and other contents of the draft report before the head of the inspection team. Reserved opinions must be expressed in writing and attached to the report on the results of the inspection to be submitted to the person issuing the inspection decision and kept in the inspection file.

3. When necessary, the head of the inspection team may seek the opinions of relevant agencies, organizations, units, and individuals to ensure that observations, evaluations, conclusions, and recommendations for handling are accurate, objective, and bear responsibility for incorporating and perfecting the report on the results of the inspection by the inspection team.

4. The contents of the report on the results of the inspection include:

a) Report on the results of administrative inspections: Implemented in accordance with Clause 2, 3, and 4 of Article 49 of the Inspection Law;

b) Report on the results of specialized inspections: Implemented in accordance with Article 25 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of conducting specialized inspections and specialized inspection activities;

c) Report on the results of the inspection by the inspection team prepared in accordance with Model No. 37 issued together with this Circular.

Article 40. Reviewing the Report on the Results of the Inspection Team's Activities

1. The person issuing the inspection decision reviews and evaluates the contents in the Report on the Results of the Inspection.

2. In cases where it is necessary to clarify or supplement the contents of the Report on the Results of the Inspection, the person issuing the inspection decision requests the Head of the Inspection Team and other members of the Inspection Team to report or organize a meeting of the Inspection Team with the participation of the Heads of the main agencies or units conducting the inspection and the supervisory personnel to hear the direct report from the Inspection Team.

3. The Head of the Inspection Team organizes a meeting of the Inspection Team to discuss and clarify the Report on the Results of the Inspection, completing supplementary reports according to the guidance of the person issuing the inspection decision.

4. The Head of the Inspection Team submits the supplementary report and further clarifies the Report on the Results of the Inspection to the person issuing the inspection decision, along with differing opinions of the members of the Inspection Team (if any).

Article 41. Drafting the Inspection Conclusion

1. After receiving the Report on the Results of the Inspection and any supplementary reports (if any) from the Inspection Team, the person issuing the inspection decision directs the Head of the Inspection Team to draft the Inspection Conclusion for submission to the person issuing the inspection decision. In cases where the Head of the Inspection Team cannot continue due to health reasons or other reasons, the person issuing the inspection decision assigns the Deputy Head of the Inspection Team (if there is a Deputy Head) or another member of the Inspection Team to draft and submit the Inspection Conclusion draft until a decision to change the Head of the Inspection Team is made.

The draft Inspection Conclusion includes the following contents:

a) For the draft Administrative Inspection Conclusion: Follow the provisions set out in Clause 2, Article 50 of the Inspection Law;

b) For the draft Specialized Inspection Conclusion: Follow the provisions set out in Clause 1, Article 27 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government regarding specialized inspection agencies and specialized inspection activities.

2. During the drafting process of the Inspection Conclusion, the person issuing the inspection decision has the right to request the Head of the Inspection Team and other members of the Inspection Team to report, and to request the inspected entity to explain to further clarify issues intended to be concluded in the inspection content.

3. In cases where the inspected entity is requested to explain, the person issuing the inspection decision sends a written request accompanied by the draft Inspection Conclusion or certain parts of the draft Inspection Conclusion related to the explanation request.

The explanation of the inspected entity must be submitted in writing along with relevant information, documents, and evidence to support the explanation. The inspected entity has the obligation to keep confidential and must bear legal responsibility for disclosing the explanation content, leaking the draft Inspection Conclusion, or certain parts of the draft Inspection Conclusion.

The Head of the Inspection Team is responsible for studying and proposing to the person issuing the inspection decision on how to handle the explanation content of the inspected entity to perfect the draft Inspection Conclusion.

4. The draft Inspection Conclusion is submitted by the Head of the Inspection Team to the person issuing the inspection decision after soliciting the opinion of the Head of the main agency or unit conducting the inspection.

The application form for submitting the draft Inspection Conclusion must have the signature of the Head of the main agency or unit conducting the inspection. If the Head of the main agency or unit conducting the inspection has different opinions from the draft Inspection Conclusion, they should be clearly noted in the application form.

Members of the Inspection Team have the right to reserve their opinions on the content of the draft Inspection Conclusion. The Head of the Inspection Team has the right to reserve their opinions on the content of the draft Inspection Conclusion before the person issuing the inspection decision. Reserved opinions are expressed in writing and attached to the draft Inspection Conclusion and kept in the Inspection File.

The application form for submitting the draft Inspection Conclusion follows Model No. 38 issued together with this Circular.

5. The completed draft Inspection Conclusion based on the explanations of the inspected entity, the opinions of agencies, organizations, units, and individuals as stipulated in Clauses 2 and 3 of this Article must be compiled and reported in writing by the Head of the Inspection Team to the person issuing the inspection decision and kept in the Inspection File.

Section 2

REVIEWING THE DRAFT INSPECTION CONCLUSION

Article 42. Review and Soliciting Opinions

1. When receiving the draft Inspection Conclusion, the Inspector who issued the inspection decision shall organize the review of the draft Inspection Conclusion to ensure the issuance of the Inspection Conclusion is accurate and impartial. The review of the draft Inspection Conclusion by the inspection team at the district level or department level shall be carried out when necessary.

Where there is a specialized review unit within the inspection agency, this unit shall be responsible for conducting the review of the entire content of the draft Inspection Conclusion.

The Inspector who issued the inspection decision may assign one or more civil servants, including those responsible for supervising the implementation of the review, to review one or more contents of the draft Inspection Conclusion, specifying the scope and deadline for the review.

2. The person conducting the review must have expertise relevant to the content being reviewed and must not fall under any of the circumstances stipulated in Clause 3, Article 29 of this Circular.

3. The person conducting the review is responsible for carrying out the review, preparing the Report on the Review Results, and bearing responsibility under the law and towards the Inspector who issued the inspection decision regarding the Report on the Review Results.

4. In cases where necessary, the Inspector who issued the inspection decision may direct the solicitation of opinions from other agencies or organizations on one or more contents in the draft Inspection Conclusion.

Article 43. Documents for the Review Process

1. Within three working days from the date the Inspector who issued the inspection decision decides to conduct the review, the Head of the Inspection Team shall be responsible for transferring the documents serving the review process. These documents include:

a) The Inspection Decision;

b) The Inspection Plan;

c) The Inspection Team's Report on the Inspection Results;

d) The Report on the Supervision Activities of the Inspection Team;

đ) The Reports and Explanatory Documents of the Inspected Entity (if any);

e) The Draft Inspection Conclusion;

g) Meeting Minutes and other related information and documents.

2. The transfer of documents for the review process must be recorded in a protocol, accompanied by a list of review documents. The management and use of documents for the review process shall be conducted in accordance with the procedures for inspection file documents.

Article 44. Conducting the Review

1. After receiving the documents for the review process, the reviewer shall study and examine to provide an evaluation of the implementation of policies and laws, duties, and powers of the inspected entity; legal basis, practicality, feasibility of recommendations; consistency between the contents of the inspection results and conclusions, recommendations in the draft Inspection Conclusion, and other necessary contents in the draft Inspection Conclusion.

2. If necessary, the reviewer may directly work with the Head of the Inspection Team and members of the Inspection Team to clarify further the contents of the draft Inspection Conclusion.

3. Upon completion of the review, the reviewer must prepare a Report on the Review Results. In cases where the review is assigned to multiple persons, each reviewer must prepare a Report on the Review Results for the assigned content. The Report on the Review Results shall be prepared according to Model No. 39 promulgated together with this Circular.

The Report on the Review Results shall be submitted to the Inspector who issued the inspection decision and the Head of the Inspection Team to finalize the draft Inspection Conclusion.

Article 45. Handling the Results of Review

1. Based on the Report on the Results of Review, the Inspector General directs the Head of the Inspection Team to explain, adopt the review opinions, and perfect the draft Inspection Conclusion.

2. The Head of the Inspection Team is responsible for preparing the report explaining, adopting the review opinions, and sending it to the Inspector General and the reviewer; if clarification of the review opinion is necessary, the report shall be submitted to the Inspector General to directly work with the reviewer.

3. In cases where there are differing opinions between the reviewer and the Head of the Inspection Team, the Inspector General requests the reviewer and the Head of the Inspection Team to explain and clarify for consideration and decision.

Section 3

ISSUANCE AND PUBLIC DISCLOSURE OF INSPECTION CONCLUSIONS;

MANAGEMENT AND USE OF INSPECTION FILES

Article 46. Issuance of Inspection Conclusions

1. Based on the Report on the Results of Inspection, the Report on the Results of Review, and the opinions of other relevant agencies, organizations, and individuals, the Inspector General directs the completion of the draft Inspection Conclusion, signs to issue the Inspection Conclusion, and bears responsibility for the conclusion and recommendations.

The Inspection Conclusion shall be implemented according to Model No. 40 issued together with this Circular.

2. An inspection may issue multiple Inspection Conclusions to promptly meet management needs.

The Inspector General may issue supplementary, amended, or replacement Inspection Conclusions when there is evidence that the Inspection Conclusion does not ensure completeness, accuracy, objectivity, affecting the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals, and bears responsibility for such decisions. The procedures and formalities for issuing and publicly disclosing supplementary, amended, or replacement Inspection Conclusions shall be carried out in accordance with the procedures and formalities for issuing and publicly disclosing Inspection Conclusions.

3. Administrative Inspection Conclusions shall be sent to the inspected entity and related agencies, organizations, units, and individuals in accordance with Clause 1, Article 50 of the Inspection Law and other relevant regulations.

4. Specialized Inspection Conclusions shall be sent to the inspected entity and related agencies, organizations, units, and individuals in accordance with Clause 4, Article 27 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government on specialized inspection agencies and specialized inspection activities.

a) For inspections conducted by the Ministry's Inspectorate, the Inspection Conclusion must be sent to the Minister, the Chief Inspector General of the Government, the inspected entity, the head of the direct superior supervisory agency of the inspected entity (if any), and related agencies, organizations, and individuals;

b) For inspections conducted by the General Department or Bureau under the Ministry assigned to perform specialized inspection functions, the Inspection Conclusion must be sent to the Ministry's Inspectorate, the inspected entity, the head of the direct superior supervisory agency of the inspected entity (if any), and related agencies, organizations, and individuals;

c) For inspections conducted by the Provincial Inspectorate, the Inspection Conclusion must be sent to the Provincial Director, the inspected entity, the head of the direct superior supervisory agency of the inspected entity (if any), and related agencies, organizations, and individuals;

d) For inspections conducted by the District Office under the Provincial Department assigned to perform specialized inspection functions, the Inspection Conclusion must be sent to the Provincial Inspectorate, the inspected entity, the head of the direct superior supervisory agency of the inspected entity (if any), and related agencies, organizations, and individuals.

5. If the Inspection Conclusion contains state secrets, the Inspector General determines the state secret and its level of confidentiality.

Article 47. Publicizing the Inspection Conclusion

1. The entire Inspection Conclusion must be publicly disclosed in accordance with the provisions of the law, except for contents classified as state secrets under the law.

The person issuing the inspection decision shall be responsible for organizing the publication of the Inspection Conclusion in accordance with the provisions of Clause 2, Article 31 of Decree No. 86/2011/ND-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain articles of the Inspection Law, and Clause 3, Article 27 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities.

2. The selection of methods for publicizing the Inspection Conclusion shall be carried out as follows:

Publicizing the Inspection Conclusion in the form prescribed in Point a, Clause 2, Article 39 of the Inspection Law must be recorded in a minutes document. The minutes of the publication of the Inspection Conclusion shall be conducted according to Model No. 41 issued together with this Circular.

In addition to the aforementioned method, the person issuing the inspection decision must implement one of the following publicity methods:

a) Announcing on at least one of the mass media channels, including radio, television, print media, and online media; the announcement on radio and television must be broadcasted at least twice; on print media, it must be published in at least one issue; on online media, it must be continuously displayed for at least five days;

b) Announcing on the website of the inspection agency, the agency assigned to perform specialized inspection functions, or the competent state management agency at the same level for at least five consecutive days;

c) Posting the Inspection Conclusion at the workplace of the inspected organization or unit for at least fifteen consecutive days.

3. Agencies, organizations, individuals who are the objects of inspection, those responsible for implementing the Inspection Conclusion, and other related agencies, organizations, and individuals must manage and use state secrets contained in the Inspection Conclusion in accordance with their purpose, authority, procedures, and formalities as stipulated by the law.

Article 48. Concluding Activities of the Inspection Team

1. Within five working days from the date the person issuing the inspection decision signs and issues the Inspection Conclusion, the Head of the Inspection Team shall organize a meeting to conclude 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 the concluding meeting of the Inspection Team includes:

a) Evaluating the inspection results against the objectives and requirements of the inspection;

b) Evaluating the performance of duties and tasks assigned, compliance with laws, directives of the person issuing the inspection decision, and adherence to ethical standards, conduct rules, information systems, and reporting procedures during the Inspection Team's activities;

c) Lessons learned from the inspection;

d) Other contents as required by the person issuing the inspection decision.

3. The Head of the Inspection Team shall report the results of the meeting to the person issuing the inspection decision and the head of the main conducting agency or unit.

4. The Head of the Inspection Team concludes the execution of the mission after the Inspection Conclusion has been made public.

Article 49. Inspection File

The inspection file includes:

1. Group 1 on main documents, including:

- Decision on inspection, decision to extend the inspection period, decision to supplement or change the Head of the Inspection Team or members of the Inspection Team (if applicable);

- Plan for conducting the inspection;

- Documents and directives from the competent authority serving as the basis for the Inspection Decision;

- Inspection conclusion; Report on the results of the inspection by the Head of the agency issuing the Inspection Decision to the superior authority (if applicable);

- Documents containing conclusions, directives, and decisions on handling issued by the person issuing the Inspection Decision or the competent authority;

- Inspection Team's logbook.

2. Group 2 on documents and materials prepared and issued by the Inspection Team, members of the Inspection Team, or persons assigned to draft documents during the inspection process, including:

- Survey report and understanding of the inspected entity's activities before conducting the inspection (if applicable);

- Documents and outline drafted by the Inspection Team requesting the inspected entity to report on the inspection contents;

- Minutes recorded by the Head of the Inspection Team or members of the Inspection Team when working with the inspected entity and related individuals;

- Reports on progress and implementation of inspection tasks to the person issuing the Inspection Decision;

- Documents and decisions on handling during the inspection process;

- Documents and reports verifying the inspection contents by the Inspection Team or its members;

- Reports on the performance of Inspection Team members' tasks, Inspection Team's inspection results report;

- Minutes of meetings and work sessions of the Inspection Team regarding the Inspection Results Report;

- Minutes of meetings and work sessions between the person issuing the Inspection Decision, the Head of the leading agency or unit, and the Inspection Team, and the announcement of the meeting chairperson's concluding opinions (if applicable);

- Documents and materials provided and explained by the inspected entity concerning the contents of the Inspection Conclusion (if applicable);

- Documents preserving the opinions of the Head of the Inspection Team or members of the Inspection Team.

3. Group 3 on documents and materials collected from the inspected entity as evidence for the Inspection Conclusion, including:

- Documents and reports from the inspected entity according to the outline and requirements of the Inspection Team;

- Documents and reports from the inspected entity providing information relevant to the inspection contents.

4. Group 4 on other related documents and materials, including:

- Complaints, suggestions, and accusations related to the inspection contents;

- Reports on monitoring the Inspection Team's activities (if applicable);

- Reports on reviewing the draft Inspection Conclusion, explanations and adoption of review comments, and working documents and minutes (if applicable);

- Draft Inspection Conclusions seeking opinions; documents sent for opinions on draft Inspection Conclusions; request for appraisal documents (if applicable);

- Documents from agencies, organizations, and individuals participating in opinions on draft Inspection Conclusions; appraisal documents (if applicable);

- Other related documents to the inspection.

Article 50. Establishment, Transfer, Management, and Use of the Inspection File

1. The Inspection File includes the documents specified in Article 59 of the Inspection Law and Article 49 of this Circular. The Head of the Inspection Team is responsible for organizing and directing the establishment and transfer of the Inspection File to the agency that issued the Inspection Decision. Inspectors and civil servants assigned to conduct independent specialized inspections are responsible for establishing and transferring the Inspection File to the agency that issued the Inspection Decision or the document assigning the task of conducting independent inspections.

The Inspection File must be transferred to the storage unit within 15 working days from the date of closing the Inspection File. The transfer of the Inspection File must be documented in a record. The record of transferring the Inspection File to the storage unit shall be carried out according to Model No. 42 attached to this Circular.

2. The person issuing the Inspection Decision or the document assigning the task of conducting independent inspections must urge, direct, and inspect the Head of the Inspection Team, members of the Inspection Team, and civil servants assigned to conduct independent specialized inspections in the establishment and transfer of the Inspection File.

3. Opening the file starts from the issuance date of the Inspection Decision and closing the file on the date the authorized person issues a directive or decision on handling the inspection results.

Chapter VII
Article 20. Handling Violations

Article 51. Handling Violations by the Head of the Inspection Team and Members of the Inspection Team

1. The Head of the Inspection Team and members of the Inspection Team shall be subject to disciplinary action or criminal liability prosecution depending on the nature and severity of the violation, and must compensate for losses caused according to the law when committing any of the following acts:

a) Exploiting their position and authority to commit unlawful acts, harassment, causing difficulties, or inconvenience to the inspected entity;

b) Conducting inspections beyond their authority, expanding or narrowing the scope and content of the inspection as determined in the Inspection Decision or inspection plan;

c) Altering the Inspection File, forging, modifying, or destroying documents and evidence to make false conclusions or reports; appropriating the Inspection File;

d) Shielding agencies, organizations, or individuals who violate the law;

đ) Disclosing information or documents about the content of the inspection during the inspection process before an official conclusion is made; improperly managing or using inspection files and documents;

e) Failing to report discovered violations of the law; reporting or concluding inaccurately with respect to the nature and severity of the violation;

g) Other violations as prescribed by law.

2. Individuals responsible for supervision who shield violations committed by the Head of the Inspection Team or members of the Inspection Team shall be subject to disciplinary action or criminal liability prosecution according to the law based on the degree of the violation.

3. In cases where the Head of the Inspection Team commits a violation during inspection activities, the person issuing the inspection decision must take the lead in reviewing and clarifying the responsibility of that individual and recommending disciplinary action according to the law.

In cases where members of the Inspection Team violate regulations during inspection activities, the Head of the Inspection Team must take the lead in reviewing and clarifying the violation and recommending appropriate handling according to the law. The Head of the Inspection Team must submit a written report to the person issuing the inspection decision, the head of the agency or unit managing the member of the Inspection Team for guidance and consideration of disciplinary action according to the law.

In cases where individuals responsible for supervision commit violations during supervision, the head of the inspection agency must take the lead in reviewing and clarifying the violation for appropriate handling according to the law.

The procedures, formalities, and authority for disciplinary actions shall be carried out according to the law on disciplinary actions for civil servants.

Article 52. Effectiveness and Implementation

1. This Circular takes effect from November 15, 2021.

2. The following documents cease to be effective from the date this Circular takes legal effect:

a) Circular No. 05/2014/TT-TTCP dated October 16, 2014, issued by the Government Inspectorate, stipulating the organization, operation, working relations of the Inspection Team, and the procedures and formalities for conducting an inspection;

b) Circular No. 05/2015/TT-TTCP dated September 10, 2015, issued by the Government Inspectorate, stipulating the supervision of the Inspection Team's activities;

c) Circular No. 08/2015/TT-TTCP dated December 15, 2015, issued by the Government Inspectorate, stipulating the Inspection Team's daily logbook;

d) Decision No. 2316/QĐ-TTCP dated October 10, 2013, issued by the Government Inspectorate, promulgating the procedure for reviewing draft inspection conclusions.

3. Where necessary, within the scope of their functions, tasks, and powers, the Minister, the head of a ministry or equivalent agency may, based on this Circular, prescribe procedures and forms to be used when conducting inspections that are suitable to the nature and characteristics of inspection activities in their respective sectors or fields.

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