Law on Inspection No. 11/2022/QH15

LAW

INSPECTION

 

||| Pursuant to the Constitution of the Socialist Republic of Vietnam; owner ||| promulgates this Inspection Law.

National Assembly ||| Scope of application

Chapter I

GENERAL PROVISIONS

 

Article 1. ||| Article 2. Interpretation of terms 2. NATIONAL UNIVERSITIES HAVE THE FUNCTION OF TRAINING ALL LEVELS OF HIGHER EDUCATION, SCIENTIFIC RESEARCH, AND TECHNOLOGY TRANSFER ACROSS MULTIPLE FIELDS AT A HIGH QUALITY; THEY LEAD IN CERTAIN FIELDS WITH HIGH RANKINGS BOTH DOMESTICALLY AND INTERNATIONALLY.

This Law stipulates on the organization and operation of inspection.

||| Term ||| refers to activities of inspection, evaluation, and handling according to procedures and formalities prescribed by law carried out by agencies performing inspection functions regarding the implementation of policies, laws, tasks, and authorities of agencies, organizations, and individuals. Inspection activities include administrative inspection and specialized inspection.

In this Law, the following terms shall be understood as follows:

1. Inspection ||| Administrative inspection

2. ||| refers to inspection of the implementation of policies, laws, tasks, and authorities assigned to agencies, organizations, and individuals under the management of state administrative agencies. ||| Specialized inspection

3. ||| refers to inspection of compliance with specialized laws, technical regulations, and management rules of agencies, organizations, and individuals within their respective sectors and fields of management. ||| Orientation plan for inspection program

4. Inspection program orientation ||| is a document determining the direction and focus of inspection activities for one year approved by the Prime Minister based on the proposal of the Inspector General.

5. Inspection plan ||| Annual inspection task plan

6. Inspection implementation plan ||| is a document determining the main tasks related to inspection for one year issued by competent state agencies to implement the Orientation Plan for Inspection Program and to serve management requirements.

7. Scope of inspection ||| Inspection plan

8. Inspection content ||| is a plan to conduct an inspection established by the Head of the Inspection Team and approved by the person issuing the inspection decision.

9. Inspection subject ||| Scope of inspection

10. Inspection period ||| refers to specific limits concerning the content, objects, and period of inspection determined in the inspection decision.

11. Duration of Inspection It is the period calculated from the date of announcing the inspection decision to the end date of direct inspection activities.

12. Inspection Conclusion ||| Inspection subject

13. ||| refers to agencies, organizations, and individuals subject to inspection as determined in the inspection decision. ||| Inspection period ||| refers to the time frame during which policies, laws, tasks, and authorities assigned, technical regulations, and management rules of the inspection subjects within their respective sectors and fields are examined and evaluated in an inspection. is the examination and evaluation to provide comments and recommendations to improve the draft inspection conclusion.

14. for rented houses and land in southern urban areas. oversight ||| Inspection conclusion Troupe inspection team ||| is a document signed and issued by the Head of the agency performing inspection functions to evaluate, conclude, and recommend on the inspected content.

15. policies for health sector officials and civil servants; standards, technical procedures; measures to implement state management functions in the field of health and other issues entrusted by the Government. ||| Draft inspection conclusion reason for inspection team ||| includes decisions made by the person conducting the inspection to exercise rights in inspection activities and decisions made by the Heads of competent state administrative agencies and the agency performing inspection functions to implement the inspection conclusions.

16. Inspectors ||| Inspection team members

17. ||| include the agency conducting inspections and agencies entrusted with specialized inspection functions. ||| Inspection agency

18. ||| is an agency established in accordance with this Law and other relevant laws, performing inspection tasks, receiving citizens' complaints, resolving complaints and petitions, and preventing and combating corruption and negative practices as prescribed by law. ||| Agency entrusted with specialized inspection function

19. ||| is an agency responsible for managing state affairs in its sector or field and performing specialized inspection functions. c) SUBMIT TO THE MINISTER OF EDUCATION AND TRAINING FOR APPROVAL OF THE NATIONAL UNIVERSITY COUNCIL AS PROVIDED BY THE PARTY AND RELEVANT LAWS; ||| Person entrusted with specialized inspection task ||| is a person assigned to perform inspection duties of the agency entrusted with specialized inspection functions.

20. ||| Purpose of inspection activities ||| aims to identify limitations and inadequacies in management mechanisms, policies, and laws to propose solutions and measures to address them; prevent, detect, and handle violations of laws; assist agencies, organizations, and individuals in complying with legal provisions; promote positive factors; contribute to enhancing the effectiveness of state management activities; protect the interests of the State, and the legitimate rights and interests of agencies, organizations, and individuals.

Article 3. Purpose of inspection activities

||| Within the scope of their tasks and powers, inspection agencies assist state administrative agencies in implementing state management over inspection work, citizen reception, complaint resolution, petition handling, and anti-corruption and anti-negative practice efforts; carry out inspections, citizen reception, complaint resolution, petition handling, and anti-corruption and anti-negative practice efforts in accordance with the law.

Article 4. Principles of inspection activities

1. Adhere to the law, democracy, transparency, objectivity, timeliness, and accuracy.

2. Do not hinder the normal operations of the inspected entity and other agencies, organizations, and individuals.

3. Avoid overlapping in scope and time between inspection agencies; avoid overlapping in exercising rights during inspections between inspection agencies and state audit agencies; avoid overlapping in exercising rights during inspections.

Article 5. Functions of inspection agencies

||| State administrative management in inspection and supervision work

Article 6. Responsibilities of press agencies towards citizens' freedom of press and freedom of speech through the press Prime Minister, Director subject, organization, unit under the People's Committee of the commune level ||| 1. Within the scope of their tasks and powers, the Heads of state administrative agencies are responsible for organizing and directing inspection and supervision activities to ensure the effectiveness of state management work.

||| 2. The Heads of state administrative agencies must regularly organize checks on the implementation of assigned tasks and authorities by agencies, organizations, and individuals under their management; compliance with policies and laws by agencies, organizations, and individuals within their respective sectors and fields to ensure the effectiveness of state management work.

||| 3. The Prime Minister, Ministers, and Heads of agencies at the level of ministries (hereinafter referred to as Ministers), Heads of government agencies, Chairpersons of provincial People's Committees, heads of specialized agencies under provincial People's Committees, Chairpersons of district People's Committees, and Heads of other state administrative agencies, within the scope of their tasks and powers, are responsible for organizing and directing inspection activities, promptly handling inspection conclusions and recommendations, and bearing legal responsibility for their decisions.

During the inspection process, if violations are discovered, measures shall be applied or recommended to the competent state agency to apply measures according to the law to promptly handle the violation; where necessary, request or propose the competent authority to conduct an audit; if there are signs of criminal offenses, recommend prosecution and transfer the case file and related documents to the investigation agency for consideration and decision on initiating criminal proceedings according to the law.

3. The Prime Minister, Ministers and Heads of ministerial-level agencies (hereinafter referred to collectively as Ministers), Heads of government agencies under the Government, Chairpersons of provincial People's Committees, heads of specialized agencies under provincial People's Committees, Chairpersons of district People's Committees, and Heads of other state management agencies, within their respective duties and powers, are responsible for organizing and directing audit activities, promptly handling conclusions and recommendations regarding audit contents, and bearing legal responsibility for their decisions.

Article 7. Responsibilities for coordination anti-corruption; gi12. Leather shoesa ofbetween inspection agencies and other organizations, individuals includes related

1. Within their duties and authority, inspection agencies shall be responsible for coordinating with public security agencies, People's Procuracy, State Audit Office, related agencies and persons with authority in preventing, detecting, and handling violations of laws.

2. Within their duties and authority, investigation agencies and People's Procuracy shall be responsible for reviewing prosecution recommendations for criminal cases transferred by inspection agencies and providing written responses on the handling of such recommendations.

3. Organizations and individuals related to inspections shall be responsible for implementing requests and recommendations from inspection agencies, decisions on inspection handling, and providing written responses on the implementation of these requests, recommendations, and decisions.

Article 8. Prohibited acts in inspection activities 1. Misusing inspection powers to commit illegal acts, harassment, causing difficulties and inconvenience to inspected entities and other organizations and individuals; overstepping authority during the inspection process.

2. Conducting inspections beyond authority, not in accordance with the content of approved inspection decisions and plans.

3. Intentionally failing to issue an inspection decision when there are signs of law violations that require an inspection according to the law; shielding inspected entities; intentionally making false conclusions; making unlawful decisions and handling; failing to recommend prosecution and transfer case files with signs of criminal offenses discovered through inspections to investigative agencies for consideration and decision on initiating criminal proceedings as prescribed by law.

4. Offering, accepting, or brokering bribes in inspection activities.

5. Disclosing information and documents related to inspections before inspection conclusions are publicly announced.

6. Illegally interfering with inspection activities; influencing inspection results, conclusions, and recommendations.

7. Failing to provide information and documents, or providing them untimely, incomplete, untruthfully, inaccurately; appropriating, destroying documents and evidence related to the inspection content.

8. Resisting, obstructing, bribing, threatening, retaliating against, persecuting inspectors, supervisors, assessors, and information providers to inspection agencies; hindering inspection activities.

9. Other prohibited acts as stipulated by law.

ORGANIZATION, DUTIES, AND LIMITS OF INSPECTION AGENCIES

 

Chapter II

Article 9. Inspection Agencies

 

1. Administrative-level inspection agencies include:

b) Provincial Inspectorate (hereinafter referred to as Provincial Inspectorate);

a) The Government Inspectorate;

c) District Inspectorate (hereinafter referred to as District Inspectorate);

d) Inspection agency at special administrative-economic units as prescribed by the National Assembly.

2. Sectoral and field-based inspection agencies include:

a) Ministry Inspectorate (hereinafter referred to as Ministry Inspectorate);

b) Inspectorate of General Departments and Bureaus under Ministries and equivalent bodies (hereinafter referred to as Inspectorate of General Departments and Bureaus);

c) Department Inspectorate.

3. Inspection agencies within government bodies.

4. Inspection agencies in the Vietnam People's Army, the Vietnam People's Public Security Force, the State Bank of Vietnam, and governmental cryptologic agencies.

5. Agencies assigned to perform specialized inspection functions.

5. Agencies assigned to perform specialized audit functions.

 

Section 1. GOVERNMENT INSPECTOR GENERAL

 

Article 10. Position and Functions of the Government Inspectorate

The Government Inspectorate is an agency of the Government, assisting the Government in implementing state management over inspection work, receiving citizens' visits, handling complaints and denunciations, and preventing and combating corruption and negative practices throughout the country; performing inspection tasks, receiving citizens' visits, handling complaints and denunciations, and preventing and combating corruption and negative practices in accordance with the provisions of the law.

Article 11. Tasks and Authorities of the Government Inspectorate

1. In the field of inspection, the Government Inspectorate assists the Government in implementing state management over inspection work and has the following duties and powers:

a) Formulating policies and laws on inspection;

b) Drafting the Inspection Program Orientation to submit to the Prime Minister for approval;

c) Drafting the inspection plan of the Government Inspectorate; guiding Ministries, ministerial-level agencies (hereinafter referred to collectively as "Ministries"), government agencies, and provincial People's Committees in drafting inspection plans;

d) Organizing the implementation and guiding Ministries, government agencies, and provincial People's Committees in organizing the implementation of inspection plans;

đ) Inspecting the implementation of policies, laws, tasks, and authorities of Ministries, government agencies, and provincial People's Committees;

e) Inspecting the management of State capital and assets by State-owned enterprises when assigned by the Prime Minister;

g) Inspecting complex cases involving the responsibility for management of multiple Ministries, government agencies, and provincial People's Committees;

h) Inspecting other cases when assigned by the Prime Minister;

i) Re-inspecting cases that have been concluded by Ministry Inspectors, inspectors of government agencies, or provincial inspectors but where signs of law violations are discovered;

k) Monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspections issued by the Prime Minister, the Government Inspectorate;

l) Checking the accuracy and legality of inspection conclusions of Ministry Inspectors, inspectors of government agencies, provincial inspectors, and post-inspection decisions made by Ministers, heads of government agencies, and provincial People's Committee Chairmen when necessary;

m) Coordinating with the State Audit Agency to handle overlaps and repetitions between inspection activities and State audit activities; guiding Ministry Inspectors and provincial inspectors in handling overlaps and repetitions between inspection activities and State audit activities;

n) Directing inspection work, training, and guiding inspection business, issuing inspection business certificates for inspector positions;

o) Summarizing and reporting the results of inspection work.

2. Assisting the Government in implementing state management over citizen reception work, complaint and denunciation handling; performing tasks and exercising powers in citizen reception work, complaint and denunciation handling in accordance with the provisions of the law.

3. Assisting the Government in implementing state management over anti-corruption and anti-negative practice work; performing tasks and exercising powers in anti-corruption and anti-negative practice work in accordance with the provisions of the law.

Article 12. Tasks and Authorities of the Chief Inspector General

1. The Chief Inspector General is a member of the Government, responsible before the National Assembly, the Government, and the Prime Minister for inspection work, citizen reception, complaint and denunciation handling, and anti-corruption and anti-negative practice work.

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

a) Leading, directing, inspecting, and supervising inspection activities within the scope of national administration under the Government; leading the Government Inspectorate to perform its tasks and authorities as stipulated by this Law and other relevant laws;

a) Leading, directing, and inspecting inspection work within the scope of the Government's state management; leading the Government Inspectorate in performing tasks and exercising powers as prescribed by this Law and other relevant laws;

The Prime Minister approves the Inspection Program Orientation; issuing the Government Inspectorate's inspection plan and organizing its implementation;

c) Submitting to the Prime Minister for approval the Orientation Program of Inspection; promulgating the inspection plan of the Government Inspectorate and organizing and directing its implementation;

d) Deciding to conduct inspections when signs of law violations are detected;

đ) Proposing Ministers, heads of government agencies, and provincial People's Committee Chairmen to decide on conducting inspections for cases showing signs of law violations; if Ministers, heads of government agencies, and provincial People's Committee Chairmen do not implement, then deciding to conduct inspections or reporting to the Prime Minister for instructions;

e) Deciding to re-inspect cases that have been concluded by Ministry Inspectors, inspectors of government agencies, or provincial inspectors but where signs of law violations are discovered;

g) Handling overlaps and repetitions between inspection activities and State audit activities, and between activities of various inspection agencies as stipulated in Clause 1, Point b, and Point d Clause 2 and Clause 3 Article 55 of this Law;

h) Considering and handling issues related to inspection work that the Head of the Ministry Inspector does not agree with the direction of the Minister, or the Head of the Provincial Inspector does not agree with the direction of the Provincial People's Committee Chairman. If the Minister or the Provincial People's Committee Chairman disagrees, the Chief Inspector General reports to the Prime Minister for consideration and decision;

i) Recommending Ministers or provincial People's Committees to suspend the enforcement or revoke normative legal documents issued by them contrary to the Constitution, laws, higher-level normative legal documents, and normative legal documents of the Chief Inspector General discovered through inspections; if the recommendation is not accepted, submitting to the Prime Minister for consideration and decision;

k) Recommending the Prime Minister to suspend the enforcement of part or all of the resolutions of the provincial People's Councils contrary to the Constitution, laws, and higher-level normative legal documents discovered through inspections; reporting to the Prime Minister to request the Standing Committee of the National Assembly to revoke part or all of the resolutions of the provincial People's Councils containing content contrary to the Constitution, laws, and higher-level normative legal documents discovered through inspections;

l) Recommending competent state agencies to amend, supplement, or issue regulations in compliance with management requirements; recommending suspension, cancellation, or revocation of illegal regulations discovered through inspections, except in cases already recommended under Points i and k of this clause;

m) Proposing Ministers, heads of government agencies, and provincial People's Committee Chairmen to review, rectify, and correct violations in their respective sectors, fields, or areas under their jurisdiction discovered by the Government Inspectorate through inspections;

n) Recommend the Prime Minister, competent agencies, and organizations to consider responsibility and handle individuals under the management of the Prime Minister or competent agencies and organizations who violate laws discovered through inspections or fail to implement inspection conclusions, recommendations, and decisions on handling; request heads of other agencies and organizations to consider responsibility and handle individuals under their management who violate laws discovered through inspections or fail to implement inspection conclusions, recommendations, and decisions on handling.

Article 13. Organization of the Government Inspectorate

1. The Government Inspectorate consists of the Chief Inspector General, Deputy Chief Inspector General, Inspectors, and civil servants and officials.

2. The organization of the Government Inspectorate shall be implemented in accordance with the provisions of the law on government organization and other relevant laws.

 

Section 2. Ministry Inspection

 

Article 14. Position and Functions of the Ministry Inspector

1. The Ministry Inspector is an agency of the Ministry, assisting the Minister in state management of inspection work, citizen reception, complaint and denunciation resolution, and anti-corruption and anti-vices; performing administrative inspection tasks for agencies, organizations, and individuals under the management of the Ministry; performing specialized inspection tasks within the fields under the Ministry's state management as prescribed by the Minister, ensuring no overlap with the functions and tasks of the Inspectorate of the General Department, Bureau, and other agencies assigned to perform specialized inspection functions; performing citizen reception, complaint and denunciation resolution, and anti-corruption and anti-vices tasks according to the law.

2. The Ministry Inspector is subject to the direction and management of the Minister and the guidance on inspection work and business procedures from the Government Inspectorate.

Article 15. Tasks and Authorities of the Ministry Inspector

1. In the field of inspection, the Ministry Inspector assists the Minister in state management of inspection work and has the following tasks and authorities:

a) Advising and drafting regulations on organization and operation of inspection under the Ministry's state management authority for the Minister to issue and guide and urge implementation;

b) Drafting the Ministry's inspection plan, guiding the drafting of inspection plans by the Inspectorate of the General Department, Bureau, and other agencies assigned to perform specialized inspection functions to be consolidated into the Ministry's inspection plan for submission to the Minister for issuance;

c) Implementing the Ministry Inspector's inspection plan; monitoring, urging, and inspecting the implementation of inspection plans by the Inspectorate of the General Department, Bureau, and other agencies assigned to perform specialized inspection functions;

d) Conducting administrative inspections of agencies, organizations, and individuals under the Minister's management; conducting specialized inspections in fields under the Ministry's state management, except those delegated to the Inspectorate of the General Department, Bureau, and other agencies assigned to perform specialized inspection functions;

đ) Conducting inspections related to multiple fields under the Ministry's state management;

e) Conducting other inspections when assigned by the Minister;

g) Re-inspecting cases that have been concluded by the Inspectorate of the General Department, Bureau, or other agencies assigned to perform specialized inspection functions; cases within the Ministry's state management scope that have been concluded by the provincial inspectorate but show signs of law violations upon review of complaints, denunciations, recommendations, and reflections;

h) Monitoring, urging, and inspecting the implementation of the Ministry Inspector's inspection conclusions and recommendations and the Minister's decisions on handling inspections;

i) Checking the accuracy and legality of inspection conclusions and post-inspection decisions made by the Inspectorate of the General Department, Bureau, or other agencies assigned to perform specialized inspection functions, and the Chairman of the Provincial People's Committee's post-inspection decisions on cases within the Ministry's state management scope when necessary;

k) Providing business guidance on inspection to the Inspectorate of the General Department, Bureau, other agencies assigned to perform specialized inspection functions, and provincial inspectorates;

l) Summarizing and reporting the results of inspection work.

2. Assist the Minister in managing citizen reception, complaint and denunciation resolution work; performing tasks and authorities in citizen reception, complaint and denunciation resolution work according to the law.

3. Assist the Minister in managing anti-corruption and anti-vices work; performing tasks and authorities in anti-corruption and anti-vices work according to the law.

Article 16. Tasks and Authorities of the Inspector General of the Ministry

Within the field of inspection, the Inspector General of the Ministry shall have the following tasks and authorities:

1. Leading, directing, and inspecting inspection work within the scope of the Ministry's state management; leading the Ministry's Inspectorate to perform its tasks and authorities as prescribed by this Law and other relevant laws;

2. Deciding to conduct inspections when signs of law violations are detected;

3. Deciding to conduct inspections on cases involving multiple areas under the Ministry’s state management assigned by the Minister;

4. Deciding to re-inspect cases that have been concluded by the Inspectorate of the General Department, Department, or other agencies within the Ministry responsible for specialized inspection functions; cases under the Ministry’s state management that have been concluded by the Inspectorate of the provincial department but show signs of law violations upon review and handling of complaints, denunciations, recommendations, and reports;

5. Imposing administrative penalties or recommending competent authorities to impose administrative penalties according to the law on handling administrative violations;

6. Requesting the General Department Director, Department Director to direct the Inspectorate of the General Department, Department to conduct inspections within their respective management scopes; if the heads of these departments fail to comply with the request, report to the Minister for consideration and decision;

7. Handling overlapping and repetitive activities among inspection agencies as stipulated in point g, Clause 2, Article 55 of this Law; reporting to the Chief Inspector General of the Government for consideration and decision regarding overlapping and repetitive activities among inspection agencies as stipulated in point d, Clause 2, Article 55 of this Law;

8. Considering and resolving issues related to specialized inspection work where the Provincial Inspector does not agree with the Provincial Director, the General Department Inspector or Department Inspector does not agree with the General Department Director or Department Director; if the Provincial Director, General Department Director, or Department Director disagrees with the resolution, the Inspector General of the Ministry shall report to the Minister for consideration and decision;

9. Recommending the Minister to suspend, within his authority, the enforcement of decisions found to be contrary to the law through inspections within the Ministry’s state management;

10. Recommending the Minister to resolve issues related to inspection work;

11. Recommending competent state agencies to amend, supplement, or issue regulations in accordance with management requirements; recommending suspension, cancellation, or abolition of regulations found to be contrary to the law through inspections;

12. Recommending the Minister to consider responsibility and handle persons under his management who violate the law discovered through inspections or fail to implement inspection conclusions, recommendations, or decisions; requesting heads of other agencies or organizations to consider responsibility and handle persons under their management who violate the law discovered through inspections or fail to implement inspection conclusions, recommendations, or decisions.

Article 17. Organization of the Ministry's Inspectorate

1. The Ministry's Inspectorate consists of the Inspector General, Deputy Inspector General, Inspectors, and other civil servants.

The Inspector General of the Ministry is appointed, relieved of duty, dismissed, transferred, rotated, or detailed by the Minister after consulting with the Chief Inspector General of the Government.

2. The organization of the Ministry's Inspectorate shall be implemented in accordance with the law on the organization of the Government and other relevant laws.

 

Section 3. INSPECTORATE OF THE GENERAL DEPARTMENT, DEPARTMENT

 

Article 18. Position and Functions of the Inspectorate of the General Department/Central Department

1. The Inspectorate of the General Department/Central Department is an agency under the General Department/Central Department of the Ministry, responsible for specialized inspection tasks within the scope of state management that the General Department/Central Department is authorized to manage; it also performs tasks related to receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices in accordance with the provisions of the law.

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

a) As prescribed by law;

b) As prescribed by international treaties to which the Socialist Republic of Vietnam is a member;

c) At General Departments/Central Departments under the Ministry where the scope of objects of specialized state management in specific fields is large, complex, and important for socio-economic development, as prescribed by the Government.

The establishment of the Inspectorate of the General Department/Central Department shall not increase the number of subordinate units or the staffing of the General Department/Central Department under the Ministry.

3. The Inspectorate of the General Department/Central Department shall be subject to the direction and management of the Director-General/Director of the Department and shall be subject to guidance on inspection work and professional instruction from the Inspectorate of the Ministry.

Article 19. Tasks and Authorities of the Inspectorate of the General Department/Central Department

1. In the field of inspection, the Inspectorate of the General Department/Central Department assists the Director-General/Director of the Department in performing inspection work and has the following tasks and authorities:

a) Drafting the inspection plan of the Inspectorate of the General Department/Central Department, reporting to the Director-General/Director of the Department for consideration and decision before submitting to the Inspectorate of the Ministry for consolidation into the Ministry's inspection plan;

b) Organizing the implementation of the inspection tasks of the Inspectorate of the General Department/Central Department within the Ministry's inspection plan; conducting specialized inspections of agencies, organizations, and individuals within the scope of state management that the General Department/Central Department is authorized to manage;

c) Conducting other inspection cases when assigned by the Minister, Director-General, or Director of the Department;

d) Supervising, urging, and inspecting the implementation of conclusions and recommendations of the Inspectorate of the General Department/Central Department, and decisions on inspection handling by the Director-General or Director of the Department;

đ) Summarizing and reporting the results of inspection work.

2. Performing tasks and authorities in citizen reception, complaint, and denunciation handling work in accordance with the provisions of the law.

3. Performing tasks and authorities in anti-corruption and anti-negative practice work in accordance with the provisions of the law.

Article 20. Tasks and Authorities of the Chief Inspector of the General Department/Central Department

In the field of inspection, the Chief Inspector of the General Department/Central Department has the following tasks and authorities:

1. Leading, directing, and supervising inspection work within the scope of management of the General Department/Central Department; leading the Inspectorate of the General Department/Central Department to perform tasks and authorities as prescribed by this Law and other relevant laws;

2. Deciding to conduct inspections when signs of law violations are detected;

3. Imposing administrative penalties or recommending competent authorities to impose administrative penalties according to the law on administrative penalty enforcement;

4. Reporting to the Director-General/Director of the Department to recommend competent state agencies to amend, supplement, or promulgate regulations in line with management requirements; recommending suspension, revocation, or abolition of regulations found to be contrary to the law through inspection.

Article 21. Organization of the Inspectorate of the General Department/Central Department

1. The Inspectorate of the General Department/Central Department consists of the Chief Inspector, Deputy Chief Inspectors, Inspectors, and other civil servants.

The Chief Inspector of the Inspectorate of the General Department/Central Department is appointed, relieved of duty, dismissed, transferred, rotated, or seconded by the Director-General/Director of the Department after consulting with the Chief Inspector of the Ministry.

2. The organization of the Inspectorate of the General Department/Central Department shall be implemented in accordance with the law on government organization and other relevant laws.

 

Section 4. PROVINCE INSPECTORATE

 

Article 22. Position and Functions of the Provincial Inspectorate

1. The Provincial Inspectorate is a specialized agency under the provincial People's Committee, assisting the same-level People's Committee in state management of inspection work, receiving citizens' visits, handling complaints and denunciations, and preventing and combating corruption and negative practices; performing inspection tasks within the scope of state management of the provincial People's Committee; carrying out tasks of receiving citizens' visits, handling complaints and denunciations, and preventing and combating corruption and negative practices in accordance with the provisions of the law.

2. The Provincial Inspectorate is subject to the direction and management of the Chairman of the provincial People's Committee and is subject to guidance on inspection work and business guidance from the Government Inspectorate.

Article 23. Tasks and Authorities of the Provincial Inspectorate

1. In the field of inspection, the Provincial Inspectorate assists the same-level People's Committee in state management of inspection work and has the following tasks and authorities:

a) Drafting the provincial inspection plan (hereinafter referred to as the provincial inspection plan), guiding the Department Inspectorates and County Inspectorates in drafting inspection plans for consolidation into the provincial inspection plan to be submitted to the Chairman of the provincial People's Committee for issuance;

b) Organizing the implementation of the Provincial Inspectorate's inspection plan; monitoring, urging, and inspecting the implementation of the inspection plans of the Department Inspectorates and County Inspectorates;

c) Inspecting the implementation of policies, laws, and duties and powers of agencies and units under the provincial People's Committee and county People's Committees;

d) Inspecting the management of state capital and assets at state-owned enterprises where the provincial People's Committee is the representative owner upon assignment by the Chairman of the provincial People's Committee;

đ) Conducting administrative inspections and specialized inspections against agencies, organizations, and individuals within the scope of management of departments that have not established inspection agencies;

e) Inspecting other cases when assigned by the Chairman of the provincial People's Committee;

g) Re-inspecting cases of administrative inspections that have been concluded by Department Inspectorates and County Inspectorates but where signs of violations of the law have been discovered;

h) Monitoring, urging, and inspecting the implementation of conclusions, recommendations of the Provincial Inspectorate, and decisions on inspection handling by the Chairman of the provincial People's Committee;

i) Checking the accuracy and legality of inspection conclusions of Department Inspectorates and County Inspectorates and post-inspection handling decisions of Department Directors and Chairmen of county People's Committees when necessary;

k) Providing business guidance to Department Inspectorates and County Inspectorates; organizing training for inspection officials of the province;

l) Summarizing and reporting the results of inspection work.

2. Assisting the provincial People's Committee in implementing state management of citizen reception work, complaint and denunciation handling; performing tasks and authorities in citizen reception work, complaint and denunciation handling in accordance with the provisions of the law.

3. Assisting the provincial People's Committee in implementing state management of anti-corruption and anti-negative practice work; performing tasks and authorities in anti-corruption and anti-negative practice work in accordance with the provisions of the law.

Article 24. Tasks and Authorities of the Head of the Provincial Inspectorate

In the field of inspection, the Inspector-in-Chief of the Provincial Inspectorate has the following tasks and authorities:

1. Leading, directing, and inspecting inspection work within the scope of state management of the provincial People's Committee; leading the Provincial Inspectorate to perform tasks and authorities in accordance with this Law and other relevant legal provisions;

2. Deciding to conduct inspections when signs of law violations are detected;

3. Requesting the Department Director or County Chairman to direct the Department Inspectorate or County Inspectorate to conduct inspections when signs of violations of the law are detected; in case the Department Director or County Chairman does not implement or the department does not have an inspection agency, issuing an inspection decision or reporting to the Chairman of the provincial People's Committee for consideration and decision;

4. Deciding to re-inspect cases that have been concluded by the Department Inspectorate or County Inspectorate but where signs of violations of the law have been discovered;

5. Imposing administrative penalties or recommending competent authorities to impose administrative penalties according to the law on handling administrative violations;

6. Requesting the Department Director or County Chairman to consider, correct, and rectify violations in sectors, fields, and areas under the management of the Provincial Inspectorate through inspections;

7. Handling overlaps and repetitions in the activities of Department Inspectorates in accordance with point i, Clause 2, Article 55 of this Law;

8. Considering and handling issues related to administrative inspection work that the Department Inspectorate Heads do not agree with the Department Directors or County Inspectorate Heads do not agree with the County Chairmen; in case the Department Director or County Chairman does not agree with the handling decision of the Head of the Provincial Inspectorate, reporting to the Chairman of the provincial People's Committee for consideration and decision;

9. Recommending the Chairman of the provincial People's Committee to resolve issues related to inspection work;

10. Recommending competent state agencies to amend, supplement, or issue regulations in accordance with management requirements; recommending suspension, cancellation, or abolition of regulations found to be contrary to the law through inspections;

11. Recommending the Chairman of the provincial People's Committee to consider responsibility and handle persons under his/her management who violate the law discovered through inspections or fail to implement inspection conclusions and decisions; requesting heads of other agencies and organizations to consider responsibility and handle persons under their management who violate the law discovered through inspections or fail to implement inspection conclusions and decisions.

Article 25. Organization of Inspection ;

1. The provincial inspection has an Inspector General, Deputy Inspector General, Inspectors, and other civil servants.

The Inspector General of the province shall be appointed, dismissed, removed from office, transferred, rotated, or detailed by the Chairman of the People's Committee at the provincial level after consulting with the Inspector General of the Government.

2. The organization of the provincial inspection shall be implemented in accordance with the laws on local administrative organization and other relevant laws.

 

Section 5INSPECTION OF DEPARTMENT

 

Article 26. Position and functions of the departmental inspection

1. The departmental inspection is an organ of the department, performing inspection tasks within the scope delegated to assist the provincial People's Committee in state management; performing tasks related to receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negative practices in accordance with the law.

2. The departmental inspection shall be established in the following cases:

a) As prescribed by law;

b) In departments with a wide management scope and complex specialized management requirements as prescribed by the Government;

c) In departments decided by the provincial People's Committee based on the management needs at the locality and the assigned staffing.

3. In departments where no inspection organ is established, the Director of the department shall assign units under the department to perform tasks and powers related to receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negative practices.

4. The departmental inspection shall be subject to the direction and management of the Department Director; subject to the direction on inspection work and guidance on administrative inspection procedures by the provincial inspection; subject to guidance on specialized inspection procedures by the ministry-level inspection.

Article 27. Tasks and Powers of the Departmental Inspection

1. In the field of inspection, the departmental inspection assists the Department Director in conducting inspections and has the following tasks and powers:

a) Drafting the inspection plan of the departmental inspection, reporting to the Department Director for consideration and decision before submitting it to the provincial inspection for consolidation into the provincial inspection plan;

b) Implementing the inspection tasks of the departmental inspection within the provincial inspection plan; conducting administrative inspections of units and individuals under the department; conducting specialized inspections of agencies, organizations, and individuals within the scope delegated to assist the provincial People's Committee in state management;

c) Conducting other inspections assigned by the Department Director;

d) Supervising, urging, and inspecting the implementation of conclusions and recommendations of the departmental inspection and decisions on inspection by the Department Director;

đ) Summarizing and reporting the results of inspection work.

2. Performing tasks and authorities in citizen reception, complaint, and denunciation handling work in accordance with the provisions of the law.

3. Performing tasks and authorities in anti-corruption and anti-negative practice work in accordance with the provisions of the law.

Article 28. Tasks and powers of the Inspector General of the provincial inspection agency

In the field of inspection, the Head of the Departmental Inspection has the following tasks and powers:

1. Leading the departmental inspection to perform tasks and powers in accordance with this Law and other relevant laws;

2. Deciding to conduct inspections when signs of law violations are detected;

3. Recommending the Department Director to suspend the execution of decisions or illegal acts of units and individuals under the department;

4. Recommending the Department Director to resolve issues related to inspection work;

5. Imposing administrative penalties or recommending competent authorities to impose administrative penalties in accordance with the law on handling administrative violations.

Article 29. Organization of the Departmental Inspectionin

1. The departmental inspection has a Head of Inspection, Deputy Head of Inspection, Inspectors, and other civil servants.

The Head of Inspection of the department shall be appointed, dismissed, removed from office, transferred, rotated, or detailed by the Department Director after consulting with the Head of Inspection of the province.

2. The organization of the departmental inspection shall be implemented in accordance with the laws on local administrative organization and other relevant laws.

 

Chapter 6. INSPECTION OF DISTRICT

 

Article 30. Position and functions of the County Inspectorate

1. The County Inspectorate is a specialized agency under the People's Committee at the county level, assisting the same-level People's Committee in state management of inspection work, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices; implementing inspection tasks within the scope of state management of the People's Committee at the county level; performing tasks related to receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices in accordance with the law.

2. The County Inspectorate is subject to the direction and administration of the Chairman of the People's Committee at the county level and is directed regarding inspection work and guided on business procedures by the Provincial Inspectorate.

Article 31. Tasks and powers of the County Inspectorate

1. In the field of inspection, the County Inspectorate assists the same-level People's Committee in state management of inspection work and has the following tasks and powers:

a) Drafting the inspection plan of the County Inspectorate, reporting to the Chairman of the People's Committee at the county level for consideration and decision before submitting it to the Provincial Inspectorate for consolidation into the provincial inspection plan;

b) Organizing the implementation of the County Inspectorate's tasks within the provincial inspection plan; inspecting the implementation of policies, laws, and duties and powers of specialized agencies under the People's Committee at the county level and of the People's Committee at the commune level;

c) Inspecting other cases when assigned by the Chairman of the People's Committee at the county level;

d) Monitoring, urging, and checking the implementation of conclusions and recommendations of the County Inspectorate and decisions on inspections made by the Chairman of the People's Committee at the county level;

đ) Summarizing and reporting the results of inspection work.

2. Assisting the People's Committee at the county level in state management of citizen reception, complaint, and denunciation work; performing tasks and powers in citizen reception, complaint, and denunciation work in accordance with the law.

3. Assisting the People's Committee at the county level in state management of anti-corruption and anti-negative practice work; performing tasks and powers in anti-corruption and anti-negative practice work in accordance with the law.

Article 32. Tasks and THE Powers of the Head of the County Inspectorate

In the field of inspection, the Head of the County Inspectorate has the following tasks and powers:

1. Leading and directing inspection work within the scope of state management of the People's Committee at the county level; leading the County Inspectorate to perform tasks and powers as prescribed by this Law and other relevant laws;

2. Deciding to conduct inspections when signs of law violations are detected;

3. Recommending competent state agencies to amend, supplement, or promulgate regulations to meet management requirements; recommending suspension, cancellation, or abolition of regulations found to be contrary to the law through inspection;

4. Recommending the Chairman of the People's Committee at the county level to resolve issues related to inspection work;

5. Recommending the Chairman of the People's Committee at the county level to consider responsibility and handle persons under his/her management who have violated the law discovered through inspection or have not implemented inspection conclusions or decisions; requesting heads of other agencies and organizations to consider responsibility and handle persons under their management who have violated the law discovered through inspection or have not implemented inspection conclusions or decisions;

6. Requesting heads of specialized agencies under the People's Committee at the county level and the Chairman of the People's Committee at the commune level to review, rectify, and correct violations in sectors, fields, and areas within their management scope as identified by the County Inspectorate through inspection.

Article 33. Organization of the County Inspectorate

1. The County Inspectorate consists of the Chief Inspector, Deputy Chief Inspector, Inspectors, and other civil servants.

The Chief Inspector of the County Inspectorate is appointed, dismissed, relieved of duty, transferred, rotated, or detailed by the Chairman of the People's Committee at the county level after consulting with the Chief Inspector of the provincial inspectorate.

2. The organization of the County Inspectorate shall be implemented in accordance with the laws on local administrative organization and other relevant laws.

 

Section 7. INSPECTORATE AGENCIES IN GOVERNMENT BODIES

 

Article 34. Establishment of Inspectorate Agencies in government bodies1. The Government shall consider and decide on the establishment of inspectorate agencies in government bodies when the following conditions are met:

a) Being assigned to perform certain state management tasks;

b) Being assigned inspection tasks by law.

2. The organization of inspectorate agencies in government bodies shall be implemented in accordance with the laws on the organization of the Government and other relevant laws.

Article 35. Duties and Powers of Inspectorate Agencies in Government Bodies

1. Inspectorate agencies in government bodies shall carry out inspection tasks within the scope of management of government bodies.

2. The Government shall stipulate the duties, powers, and activities of inspectorate agencies in government bodies.

. AGENCY ASSIGNED TO PERFORM SPECIALIZED INSPECTION FUNCTIONS

 

Section 8Article 36. Assignment to Perform Specialized Inspection Functions

 

An agency assigned to perform specialized inspection functions in the following cases:

1. As prescribed by law;

2. Based on practical requirements, the Government may assign an agency responsible for state management in a specific sector or field to perform specialized inspection functions upon the proposal of the General Inspector of the Government, after reaching consensus with the Minister in charge of the relevant sector or field.

Article 37. Inspection Activities of Agencies Assigned to Perform Specialized Inspection Functions

1. An agency assigned to perform specialized inspection functions shall not establish an inspectorate agency except in the cases provided for in Clause 2, Article 18 and Clause 1, Article 34 of this Law; inspection activities shall be carried out by the person assigned to perform specialized inspection functions in accordance with this Law and other relevant laws.ê2. In inspection activities, the head of the agency assigned to perform specialized inspection functions shall perform the duties and powers of the head of an inspectorate agency; the person assigned to perform specialized inspection functions shall perform the duties and powers of an Inspector as a member of the inspection team in accordance with this Law and other relevant laws.

3. Based on the provisions of this Law, the Government shall stipulate the inspection activities and the implementation of inspection conclusions of agencies assigned to perform specialized inspection functions.

INSPECTORS AND PERSONS ASSIGNED TO PERFORM SPECIALIZED INSPECTION TASKS

Article 38. Inspectors and Persons Assigned to Perform Specialized Inspection Tasks

 

Chapter III

1. An Inspector is a person appointed to the Inspector rank to perform duties and powers in inspection activities in accordance with the law.

 

2. The Inspector rank includes Inspectors, Senior Inspectors, and Senior Inspectors of high rank.

3. A person assigned to perform specialized inspection tasks must be a civil servant of the agency assigned to perform specialized inspection functions, except in the case of being a staff member of a government body as prescribed by the Government.

A person assigned to perform specialized inspection tasks must have expertise and professional knowledge suitable to the specialized field, understand the law, have inspection skills, and have at least one year of work experience in the relevant field, excluding the probation period.

4. Inspectors and persons assigned to perform specialized inspection tasks must comply with the law, be accountable to the direct supervising authority and the law for the performance of their assigned duties and powers.

Persons assigned to perform specialized audit tasks must have appropriate expertise and professional qualifications in the relevant field, understand the law, possess audit skills, and have at least one year of work experience in the specialized field they are assigned to audit, excluding probationary periods.

4. Auditors and persons assigned to perform specialized audit tasks must comply with the law, be accountable to the Head of the directly supervising management agency and before the law for the performance of their assigned tasks and powers.

5. The Government shall provide detailed regulations on this matter.

Article 39. Criteria for appointment to the rank of Inspector

1. Is a civil servant, officer of the People's Army, officer of the People's Public Security, personnel engaged in confidential work, except where the Government provides otherwise for Inspectors of inspection agencies established in accordance with the law or international treaties to which the Socialist Republic of Vietnam is a party, or as provided for in Clause 3, Article 9 of this Law.

2. Loyal to the country and the Constitution of the Socialist Republic of Vietnam; having good moral qualities; having a sense of responsibility, integrity, honesty, fairness, and objectivity.

3. Having a bachelor’s degree or higher, possessing knowledge of state administration and understanding of laws; for Inspectors in specialized fields, they must also have specialized knowledge in that field.

4. Holding a certificate of inspector training and other certificates as prescribed by the law on cadres, civil servants, and public officials.

5. Having at least two years of inspection work experience, excluding probationary period, or having at least five years of work experience as a cadre, civil servant, public official, officer of the People's Army, officer of the People's Public Security, personnel engaged in confidential work transferred from another agency, organization, or unit to an inspection agency.

Article 40. Criteria Law No. 42/2024/QH15 for appointment to the rank of Inspector Article 2. General provisions on economic and technical standards main

1. Meeting the criteria stipulated in Article 39 of this Law.

2. Holding a certificate of senior inspector training and other certificates as prescribed by the law on cadres, civil servants, and public officials.

3. Having held the rank of Inspector or equivalent for a minimum of nine years.

4. Passing the examination for promotion to the rank of Senior Inspector or being considered for promotion from Inspector to Senior Inspector, or being considered for transfer to the rank according to the law on cadres, civil servants, and public officials.

Article 41. Criteria Law No. 42/2024/QH15 for appointment to the rank of Senior Inspector

1. Meeting the criteria stipulated in Article 39 of this Law.

2. Holding a certificate of high-level inspector training and other certificates as prescribed by the law on cadres, civil servants, and public officials.

3. Having held the rank of Senior Inspector or equivalent for a minimum of six years.

4. Passing the examination for promotion to the rank of High-Level Inspector or being considered for promotion from Senior Inspector to High-Level Inspector, or being considered for transfer to the rank according to the law on cadres, civil servants, and public officials.

Article 42. Removal of Inspectors

1. The removal of Inspectors shall be carried out in the following cases:

a) Retirement, resignation, or change of profession;

b) Due to health reasons, family circumstances, or other reasons that prevent them from fulfilling their assigned tasks;

c) Being convicted by a court and the judgment or decision has become legally binding;

d) Committing acts prohibited under Article 8 of this Law;

đ) Failing to complete assigned tasks for one year in the appointed rank;

e) The person appointed to the rank engages in cheating during the promotion examination or makes false declarations in the appointment dossier;

g) Other cases as prescribed by the law on cadres, civil servants, and public officials.

2. The Government shall prescribe the authority, procedures, and formalities for removing Inspectors.

Article 43. Uniforms, badges inspection team

1. Inspectors are issued uniforms and inspection badges as prescribed by the Government for use when performing inspection duties.

2. Personnel assigned to perform specialized inspection tasks are issued specialized inspection uniforms and badges as prescribed by the Minister or Head of a government agency for use when performing specialized inspection tasks.

 

Chapter IV

INSPECTION ACTIVITIES

Section 1. GENERAL PROVISIONS

 

Article 44. Construction and issuance of the Inspection Program Orientation inspection program inspection report

1. By September 30 each year at the latest, the Government Inspector General shall submit to the Prime Minister for approval the Inspection Program Orientation for the following year.

2. By October 15 each year at the latest, the Prime Minister shall be responsible for reviewing and approving the Inspection Program Orientation for the following year.

Article 45. Construction and issuance of the Inspection Plan account inspection plan

1. The construction and issuance of the inspection plan must be based on the Inspection Program Orientation, guidance from higher-level inspection agencies, requirements of economic and social development tasks, and management work within the scope of the industry, sector, and locality.

2. The inspection plan includes the inspection plan of the Government Inspectorate, the inspection plan of the Ministries, and the inspection plan of the provinces.

The inspection plan of the Ministry includes the inspection plans of the Ministry Inspectorate, the Inspectorate of the General Department, and the Bureau; ensuring no overlap or duplication in inspection activities between the Ministry Inspectorate, the Inspectorate of the General Department, and the Bureau.

The inspection plan of the province includes the inspection plans of the Provincial Inspectorate, the Department Inspectorate, and the County Inspectorate; ensuring no overlap or duplication in inspection activities between the Provincial Inspectorate, the Department Inspectorate, and the County Inspectorate.

3. By October 25 each year at the latest, based on the Inspection Program Orientation, the Government Inspector General shall be responsible for guiding the Ministry Inspectorate and the Provincial Inspectorate to draft the inspection plan of the Ministry and the inspection plan of the province.

By October 30 each year at the latest, based on the Inspection Program Orientation and guidance from the Government Inspectorate, the Ministry Inspectorate shall guide the Inspectorate of the General Department and the Bureau; the Provincial Inspectorate shall guide the Department Inspectorate and the County Inspectorate to draft the inspection plan of their respective agencies.

4. By November 15 each year at the latest, the Government Inspectorate shall be responsible for issuing the inspection plan of its own agency.

5. By November 10 each year at the latest, the Inspectorate of the General Department and the Bureau shall send their draft inspection plan to the Ministry Inspectorate for consolidation into the Ministry's inspection plan; the Department Inspectorate and the County Inspectorate shall send their draft inspection plan to the Provincial Inspectorate for consolidation into the province's inspection plan.

6. By November 30 each year at the latest, the Chief Inspector of the Ministry shall submit the Ministry's inspection plan to the Minister for issuance; the Chief Inspector of the province shall submit the province's inspection plan to the Chairman of the People's Committee of the provincial level for issuance.

By December 10 each year at the latest, the Minister shall be responsible for issuing the Ministry's inspection plan.

By December 20 each year at the latest, the Chairman of the People's Committee of the provincial level shall be responsible for issuing the province's inspection plan.

7. The inspection plan stipulated in Clause 4 and Clause 6 of this Article shall be immediately sent to the inspected entity, the State Audit Agency, and related agencies and organizations.

Article 46 |||. Forms of inspection

1. Inspection activities are carried out according to plans or unexpectedly.

2. Planned inspections shall be carried out according to the issued inspection plan.

3. Unplanned inspections shall be conducted when signs of violation of laws are detected in agencies, organizations, or individuals, or upon request for handling complaints, accusations, anti-corruption, or anti-neglect measures, or as assigned by the head of the competent state management agency.

Article 47. Inspection Period

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

a) An inspection conducted by the Government Inspectorate shall not exceed 60 days; in complex cases, it may be extended once for no more than 30 days; in particularly complex cases, it may be extended a second time for no more than 30 days;

b) An inspection conducted by the Inspectorate of a Ministry, Inspectorate of a General Department, Bureau, or Provincial Inspectorate shall not exceed 45 days; in complex cases, it may be extended once for no more than 30 days;

c) An inspection conducted by the Inspectorate of a Department, County Inspectorate shall not exceed 30 days; in complex cases or in mountainous areas, border regions, islands, remote and difficult-to-reach areas, it may be extended once for no more than 15 days.

2. The period during which the inspection is temporarily suspended as provided for in Article 70 of this Law shall not be counted within the inspection period.

Article 48. Extension of Inspection Period

1. Complex situations allowing for the extension of the inspection period include:

a) It is necessary to request an expert opinion or verification of matters involving foreign elements within the scope of the inspection;

b) It is necessary to verify acts of corruption or misconduct as prescribed by laws on preventing and combating corruption and misconduct;

c) When the inspected entity, agency, organization, or individual does not cooperate, obstructs, opposes, or creates difficulties for the inspection activities, affecting the inspection period.

2. Particularly complex situations allowing for the extension of the inspection period include:

a) Inspections involving multiple fields and regions;

b) The inspection has at least two factors specified in Clause 1 of this Article.

3. The extension of the inspection period shall be reviewed and decided upon by the person issuing the inspection decision.

The head of the inspection team must submit a document to the person who issued the inspection decision requesting an extension of the inspection period along with a draft decision extending the inspection period; the request must clearly state the reasons and duration of the extension.

4. The decision extending the inspection period shall be sent to the inspection team, the inspected entity, and related agencies, organizations, or individuals.

Article 49. Procedures and Formalities for Conducting an Administrative Inspection

1. Preparation for inspection, including the following steps:

a) Collecting information to prepare for the inspection;

b) Issuing an inspection decision;

c) Drafting and sending the outline requesting the inspected entity to submit a report;

d) Notifying about the issuance of the inspection decision.

2. Direct inspection, including the following steps:

a) Announcing the inspection decision;

b) Collecting information and documents related to the inspection content;

c) Checking and verifying information and documents;

d) Concluding the direct inspection process.

3. Completion of the inspection, including the following steps:

a) Reporting the inspection results;

b) Drafting the inspection conclusion;

c) Reviewing the draft inspection conclusion;

d) Issuing the inspection conclusion;

đ) Publicizing the inspection conclusion.

Article 50. Procedures and Formalities for Conducting a Specialized Inspection

1. The procedures and formalities for conducting a specialized inspection are stipulated as follows:

a) Preparation for inspection, including: issuing the inspection decision; announcing the issuance of the inspection decision, except in cases provided for in Clause 2 of Article 63 of this Law.

In cases where it is necessary to ensure that the inspection focuses on key issues, avoiding overlap and repetition, before issuing the inspection decision, the head of the inspection agency may decide to collect information as provided for in Article 58 of this Law;

b) Direct inspection, including: announcing the inspection decision, except in cases provided for in Clause 3 of Article 64 of this Law; collecting information and documents related to the inspection content; verifying information and documents; imposing administrative penalties during the inspection process (if applicable); concluding the direct inspection process;

c) Completion of the inspection, including: reporting the inspection results; drafting the inspection conclusion; reviewing the draft inspection conclusion, except in cases where review is unnecessary as provided for in Clause 1 of Article 77 of this Law; issuing the inspection conclusion; publicizing the inspection conclusion.

2. In cases where other laws provide different procedures and formalities for conducting a specialized inspection from those stipulated in Clause 1 of this Article, such provisions shall be followed.

3. In cases where special management requirements of a sector or field necessitate it, upon the proposal of the Minister or Head of a Government Agency, the Government may stipulate different procedures and formalities for conducting a specialized inspection from those stipulated in Clause 1 of this Article but must ensure at least the procedures for issuing the inspection decision, announcing the inspection decision, conducting inspections and verifications, issuing the inspection conclusion, and publicizing the inspection conclusion.

Article 51. Basis for issuing inspection decisions

An inspection decision must be based on one of the following grounds:

1. Inspection plan;

2. Requests from the head of the state administrative agency;

3. When signs of violation of laws are detected;

4. Requests for handling complaints, denunciations, anti-corruption, and anti-neglect;

5. Other relevant bases as prescribed by law.

Article 52. Responsibilities of the Head of the State Administrative Agency subject, organization, unit under the People's Committee of the commune level issuing inspection decisions, person leading the inspection team, Secretary of the Party Central Committee, Prime Minister; audit team

1. The Head of a State Management Agency shall have the following responsibilities:

a) Requesting the same-level inspection agency to conduct inspections when signs of law violations are detected or to meet the requirements for handling complaints, denunciations, anti-corruption, and anti-neglect;

b) Ensuring that the inspection team's activities are conducted according to their objectives, requirements, and principles of inspection; not interfering illegally with inspection activities;

c) Promptly addressing inspection recommendations and directing the implementation of inspection conclusions according to the law.

2. The person issuing the inspection decision 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 objectives, and requirements; promptly addressing recommendations of the inspection team and complaints, denunciations, recommendations, and reflections related to the activities of the inspection team.

3. The leader of the inspection team is the head of the inspection team, responsible for organizing and directing members of the inspection team to implement the scope, content, and progress of the inspection as stipulated in the inspection decision and the inspection implementation plan; implementing information and reporting systems as required by the person issuing the inspection decision; being accountable to the person issuing the inspection decision for the activities of the inspection team.

Article 53. Ensuring Discipline in Inspection Activities

1. Inspection activities are carried out under the chief executive system. Members of the inspection team must comply with the decisions and directives of the inspection team leader. The inspection team leader and other members of the inspection team must comply with the decisions and directives of the person issuing the inspection decision.

2. The inspection team leader and other members of the inspection team have the right to reserve opinions on the results of their inspections.

Article 54. Handling acts of violating the law by those conducting inspections investigate the illegal acts of the person conducting the audit

1. If the person issuing the inspection decision, the inspection team leader, the inspector, or other members of the inspection team fail to complete their inspection tasks, intentionally fail to detect or report acts of violation, or fail to recommend action against such violations, or engage in other acts that violate the law on inspections, they will be subject to disciplinary action or criminal liability, as appropriate, and if damage is caused, they must compensate according to the law.

2. In cases where, after the completion of the inspection, another competent authority discovers a violation of the law at an organization or unit that has been inspected for the same content, and the inspection team leader or other members of the inspection team are at fault, they will be held responsible; depending on the nature and severity of the violation, they will be subject to disciplinary action or criminal liability as prescribed by law.

3. In cases where the inspection team has discovered and reported signs of law violations but the person issuing the inspection decision does not handle them, the inspection team leader and other members of the inspection team will not be held responsible. In this case, the person issuing the inspection decision will be held responsible according to the law.

In cases where a member of the inspection team has discovered and reported signs of law violations but the inspection team leader does not handle them, that member will not be held responsible. In this case, the inspection team leader will be held responsible according to the law.

Article 55. Handling Overlap and Duplication in Inspection Activities

1. When conducting inspection activities, if overlapping or duplication is discovered, the inspection agency shall coordinate with the State Audit Agency to handle it according to the provisions of the Law on State Audit and this Law, ensuring that the activities of organizations and individuals are only the subject of one inspection agency or the State Audit Agency.

2. Overlapping and duplication in inspection activities among inspection agencies shall be handled as follows:

a) Overlapping and duplication between the activities of the Government Inspectorate and other inspection agencies shall be handled by the Government Inspectorate conducting the inspection.

b) Overlapping and duplication between the activities of various Ministry Inspectors shall be resolved through exchange among the Chief Inspectors of the Ministries; in cases where consensus cannot be reached, they shall report to the Chief Inspector General for consideration and decision.

c) Overlapping and duplication between the activities of the Ministry Inspector and the Provincial Inspector, Department Inspector, or District Inspector shall be resolved through exchange between the Chief Inspector of the Ministry and the Chief Inspector of the Province, Department, or District; in cases where consensus cannot be reached, the Ministry Inspector shall conduct the inspection.

d) Overlapping and duplication between the activities of the Ministry Inspector or the Inspector of the General Department or Bureau and the inspection agency of a government body shall be resolved through exchange between the Chief Inspector of the Ministry and the head of the inspection agency of the government body; in cases where consensus cannot be reached, the Chief Inspector of the Ministry shall report to the Chief Inspector General for consideration and decision.

đ) Overlapping and duplication between the activities of the inspection agency of a government body and the Provincial Inspector, Department Inspector, or District Inspector shall be resolved through exchange between the head of the inspection agency of the government body and the Chief Inspector of the Province, Department, or District; in cases where consensus cannot be reached, the inspection agency of the government body shall conduct the inspection.

e) Overlapping and duplication between the activities of the Inspector of the General Department or Bureau and the Provincial Inspector, Department Inspector, or District Inspector shall be resolved through exchange between the Chief Inspector of the General Department or Bureau and the Chief Inspector of the Province, Department, or District; in cases where consensus cannot be reached, the Inspector of the General Department or Bureau shall conduct the inspection.

g) Overlapping and duplication between the activities of various General Department Inspectors or Bureau Inspectors within the same Ministry shall be resolved through exchange among the Chief Inspectors of the General Departments or Bureaus; in cases where consensus cannot be reached, they shall report to the Chief Inspector of the Ministry for consideration and decision.

h) Overlapping and duplication between the activities of the Provincial Inspector and the Department Inspector or District Inspector shall be resolved through exchange between the Chief Inspector of the Province and the Chief Inspector of the Department or District; in cases where consensus cannot be reached, the Provincial Inspector shall conduct the inspection.

i) Overlapping and duplication between the activities of various Department Inspectors shall be resolved through exchange among the Chief Inspectors of the Departments; in cases where consensus cannot be reached, they shall report to the Chief Inspector of the Province for consideration and decision.

k) Overlapping and duplication between the activities of the Department Inspector and the District Inspector shall be resolved through exchange between the Chief Inspector of the Department and the Chief Inspector of the District; in cases where consensus cannot be reached, the Department Inspector shall conduct the inspection.

l) The handling of overlapping and duplication between the activities of the inspection agency of a special administrative-economic unit and other inspection agencies shall be regulated by the Chief Inspector General when the special administrative-economic unit is established.

3. The handling of overlapping and duplication arising in the activities of inspection agencies not covered by the cases specified in Clause 2 of this Article shall be regulated by the Chief Inspector General or considered and handled by him.

Article 56. Re-inspection

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

a) There is a serious violation regarding the procedure and process during the inspection.

b) There is an error in applying the law when concluding the inspection;

c) The content in the inspection conclusion does not match the evidence collected during the inspection process;

d) The person conducting the inspection intentionally distorts the case file or intentionally concludes against the law;

đ) There are signs of serious violations by the inspected entity that have not been fully discovered through the inspection.

2. The statute of limitations for re-inspection is two years from the date of signing and issuing the inspection conclusion.

3. The re-inspection conclusion must include the contents stipulated in Clause 2 of Article 78 of this Law and must clearly determine the responsibility of the inspection agency and the person conducting the previous inspection.

4. The Government shall provide detailed regulations on this matter.

Article 57. Inspection File

1. The person issuing the decision to inspect is responsible for directing and checking the establishment and transfer of the inspection file.

2. The opening of the inspection file starts on the day the authorized person signs and issues the inspection decision and ends on the day the authorized person issues the document organizing the implementation of the inspection conclusion.

3. Within the latest fifteen days from the end date of the inspection file, the Head of the Inspection Team is responsible for completing the establishment and transfer of the inspection file to the inspection-conducting agency.

 

Section 2. PREPARATION FOR INSPECTION

 

Article 58. Collecting Information for Preparing Inspections

1. Before issuing the inspection decision, based on the assigned functions, tasks, and authorities, the Head of the Inspection Agency assigns a person to collect relevant information to clarify the necessity of conducting the inspection, ensuring that the inspection has a focus and avoids overlap and repetition.

2. In cases where it is necessary to clarify or supplement information to issue the inspection decision, the Head of the Inspection Agency requests the agency, organization, or individual expected to be the subject of the inspection to provide written information about the intended inspection content or to send a person to directly collect information from the agency, organization, or individual expected to be the subject of the inspection.

3. The personnel collecting information are responsible for reporting the results in writing to the Head of the Inspection Agency, clearly stating the contents that need to be inspected.

Article 59. Issuing the Inspection Decision

1. The Head of the Inspection Agency issues the inspection decision based on the provisions of Article 51 of this Law.

2. The inspection decision includes the following contents:

a) Grounds for issuing the inspection decision;

b) Scope, content, object, period, and tasks of the inspection;

c) Duration of the inspection;

d) Establishing the Inspection Team, including the Head of the Inspection Team, Deputy Head of the Inspection Team (if any), and other members of the Inspection Team.

3. For planned inspections, the inspection decision must be sent to the inspected entity and announced at least fifteen days before the direct inspection begins.

4. For surprise inspections, the inspection decision must be sent to the inspected entity and announced before the direct inspection begins, except in cases stipulated in Clause 3 of Article 64 of this Law.

Article 60. Inspection Team

1. The Inspection Team is established to perform inspection tasks and automatically dissolves after the Head of the Inspection Team transfers the inspection file to the inspection-conducting agency.

2. The Inspection Team consists of the Head of the Inspection Team and other members. Other members of the Inspection Team include Inspectors and other individuals participating in the Inspection Team but not being Inspectors.

When necessary, the Inspection Team may have a Deputy Head of the Inspection Team to assist the Head of the Inspection Team in performing assigned tasks and managing certain activities of the Inspection Team upon delegation by the Head of the Inspection Team.

The Head of the Inspection Team and the Deputy Head of the Inspection Team (if any) must be persons appointed to the Inspector rank.

Inspectors and other members of the Inspection Team perform their duties according to the assignment of the Head of the Inspection Team.

3. When necessary, the Head of the Inspection Agency may summon Inspectors from subordinate Inspection Agencies or persons with expertise and vocational skills from other agencies or units to participate in the Inspection Team. The summoning and standards, treatment, and policies for summoned persons are regulated by the Government.

4. The Head of the Inspection Team and other members of the Inspection Team must be persons with good moral character and expertise, without conflicts of interest when performing inspection tasks.

5. The person issuing the inspection decision may suspend or change the Head of the Inspection Team and other members of the Inspection Team if they fail to meet the requirements and tasks of the inspection, commit violations of the law, have conflicts of interest, or due to other objective reasons cannot perform the inspection tasks.

6. The Government shall provide detailed regulations for this Article.

Article 61. Construction and dissemination of the plan to conduct inspection

1. The Chief Inspector is responsible for leading the development of the inspection implementation plan and submitting it for approval by the person issuing the inspection decision.

2. The inspection implementation plan includes the following contents:

a) Objectives and requirements;

b) Scope, content, subjects, period of inspection, duration of inspection;

c) Methods of implementing the inspection;

d) Progress schedule;

đ) Information and reporting systems;

e) Use of equipment, funds, and other material conditions to serve the activities of the Inspection Team.

3. The head of the inspection team shall convene a meeting of the inspection team to disseminate the plan for conducting inspections and assign tasks to members of the inspection team.

Article 62. Drafting the outline requesting the inspected entity to submit reports

1. Based on the content of the inspection and the plan for conducting inspections, the head of the inspection team shall be responsible for drafting the outline requesting the inspected entity to submit reports.

2. At least five working days before announcing the decision to inspect, the head of the inspection team shall issue a document requesting the inspected entity to prepare reports on the content of the inspection according to the report outline. The request document must clearly state the content, format, and deadline for submitting the report.

Article 63. Notification of the announcement of the inspection decision

1. The head of the inspection team shall be responsible for issuing a written notification to the inspected entity regarding the announcement of the inspection decision; the notification document must clearly specify the location, time, and participants.

2. For specialized inspection activities, if violations are discovered that require immediate inspection, there is no need to notify the inspected entity about the announcement of the inspection decision.

 

Section 3. CONDUCTING INSPECTION ON THE SPOT

 

Article 64. Announcing the Inspection Decision

1. The head of the inspection team shall be responsible for chairing the announcement of the inspection decision. In necessary cases, the person who issued the inspection decision shall chair the announcement of the inspection decision.

2. Participants at the announcement of the inspection decision include: the inspection team, representatives from the leadership of the agency, organization, or individual being inspected. In necessary cases, the head of the inspection team may invite representatives from the leadership of the agency conducting the inspection, and representatives from agencies, organizations, or individuals related to the inspection to attend the announcement of the inspection decision.

The announcement of the inspection decision must be recorded in a minutes document.

3. For specialized inspection activities, if violations are discovered that require immediate inspection, the announcement of the inspection decision can be made after the violation record has been established; if the inspected entity deliberately fails to attend, the head of the inspection team shall establish a record with confirmation from the People's Committee of the commune and continue the inspection according to the plan.

Article 65. Location and Time of Work of the Inspection Team l1. The inspection team conducts work at the headquarters or workplace of the agency or organization being inspected, the headquarters of the agency conducting the inspection, or at the location where verification and investigation are carried out according to the plan for conducting inspections.

2. The inspection team works with the inspected entity, agencies, organizations, or individuals related to the inspection during regular working hours. If it is necessary to work outside regular working hours, the head of the inspection team shall decide on the specific time after discussing with the inspected entity and shall be responsible for their decision.

Article 66. Collection of Information and Documents Related to the Content of the Inspection

3. The location and time of work of the Inspection Team and any changes to these must be notified in advance to the subject of inspection and related agencies, organizations, or individuals.

1. During the inspection process, the head of the inspection team and the inspector shall request the inspected entity to submit reports 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.

2. For files and documents that do not need to be seized, the person receiving the files and documents shall be responsible for returning them to the inspected entity, agency, organization, or individual; the return time shall be no later than the end of the direct inspection process.

3. The handover and return of files and documents must be recorded in a protocol.

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

4. The management, exploitation, and use of audit information and materials shall be carried out in accordance with the laws on audit and other relevant laws.

Article 67. Inspection and verification of information and documents

1. The Head of the Inspection Team and other members of the Inspection Team shall be responsible for studying the collected information and documents; evaluating the implementation of policies, laws, tasks, and authorities of the inspected entity related to the assigned inspection content.

The Head of the Inspection Team and Inspectors have the right to request persons with responsibility or those involved to explain unclear issues; in cases where direct work with the inspected entity or those involved is necessary, Inspectors shall report to the Head of the Inspection Team for consideration and decision.

2. In cases where it is necessary to inspect and verify information and documents, clarify issues related to the inspection content, 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 the matter to work or request the inspected entity to report.

3. In cases where it is necessary to inspect and verify incidents or clarify issues related to incidents that have occurred or are ongoing, the person issuing the inspection decision, the Head of the Inspection Team, or the inspected entity may invite representatives of local authorities or others to witness.

Article 68. Handling violations during the inspection processinternational misconduct during the audit process

1. Persons conducting inspections must apply measures within their authority as prescribed by this Law and other relevant laws to stop the violation, promptly protect the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals; in cases where the violation of the inspected entity and related agencies, organizations, or individuals 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 handle the matter.

2. The Head of the Inspection Team and Inspectors who discover administrative violations shall compel the cessation of such violations, consider applying preventive measures and ensure the handling of administrative violations, and immediately impose penalties according to the provisions of the Law on Handling Administrative Violations without waiting for the inspection conclusion.

3. In cases where criminal offenses are suspected, the Head of the Inspection Team must report to transfer the case file, related documents, along with a proposal for prosecution to the competent investigative authority for examination and handling according to the law and notify the People's Public Prosecutor at the same level.

The Inspection Team continues the inspection according to the approved inspection plan; the person issuing the inspection decision shall issue the inspection conclusion in accordance with the law.

The investigative authority has the responsibility to inform the inspection authority about the results of the case resolution; if the deadline for considering the prosecution recommendation under the Criminal Procedure Code has expired and the inspection authority has not received a written notification or disagrees with the resolution result, they shall discuss with the investigative authority and the People's Public Prosecutor at the same level to clarify the reasons, and if still disagree, propose to the higher-level investigative authority and People's Public Prosecutor for consideration and resolution and report to the higher-level inspection authority.

4. The inspected entity, agencies, organizations, or individuals who commit prohibited acts or violate the obligations of the inspected entity as stipulated in this Law shall be subject to disciplinary action, administrative penalties, or criminal liability pursuit depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Article 69. Amending and supplementing the inspection plan contentđổamending and supplementing certain articles of the Civil Servants Law and the Civil Servants Law dated November 25, 2019;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP1. During the inspection process, the person issuing the inspection decision may amend and supplement the inspection plan content at the proposal of the Inspection Team Leader or upon the request of the head of the same-level state management agency.

2. The Inspection Team Leader is responsible for notifying the amended and supplemented inspection plan content to the members of the Inspection Team.

Article 70. Suspension of the inspection

1. The person issuing the inspection decision decides to suspend the inspection in the following cases:

b) The inspected entity requests to suspend the inspection with valid reasons and obtains the consent of the person issuing the inspection decision; in this case, the suspension period shall not exceed thirty days.

a) There is an unforeseeable event affecting the progress of the inspection;

2. When suspending the inspection, the person issuing the inspection decision is responsible for reviewing and revoking measures already applied or applying measures within their authority but must ensure that it does not hinder the normal operation of the inspected entity.

3. The person issuing the inspection decision decides to continue the inspection when the reason for suspending the inspection no longer exists or the suspension period specified in point b, Clause 1 of this Article has expired.

4. The decision to suspend the inspection and the decision to continue the inspection must be sent to the inspected entity.

Article 71. Termination of the inspection

1. The person issuing the inspection decision issues a decision to terminate the inspection in the following cases:

c) The investigation agency has issued a decision to initiate criminal proceedings on the same content of the inspection;

a) The inspected object is an individual who has died; an agency or organization that has been dissolved or declared bankrupt without any agency, organization, or individual taking over its rights and obligations;

b) The content of the inspection has been concluded by a higher-level inspection agency;

d) The head of the same-level state management agency has a document requesting the termination of the inspection;

đ) Belongs to overlapping or duplicate situations that have been handled according to Article 55 of this Law.

2. When terminating the inspection, the person conducting the inspection is responsible for revoking the measures already applied within their authority during the inspection process.

3. The decision to terminate the inspection must be sent to the inspected entity.

Article 72. Completion of direct inspection activities

Upon completion of direct inspection activities at the inspected location, the Inspection Team Leader is responsible for reporting in writing to the person issuing the inspection decision and notifying in writing the inspected entity; if necessary, organize a meeting with the inspected entity to announce the completion of direct inspection activities.

Article 73. Reporting the results of the inspection

 

Section 4. CONCLUSION OF THE INSPECTION

 

1. After completing direct inspection activities, the Inspection Team Leader is responsible for preparing a report on the inspection results to send to the person issuing the inspection decision. The report on the inspection results must include the following contents:

c) Different opinions (if any) between other members of the Inspection Team and the Inspection Team Leader regarding the content of the inspection result report;

a) Specific conclusions on each content that has been inspected;

b) Clearly identifying the nature, severity, and consequences of the violation; causes and responsibilities of agencies, organizations, and individuals committing violations (if any);

2. In cases where corruption or misconduct is discovered through the inspection, the report on the inspection results must also clearly state the responsibility of the heads of agencies or organizations for the occurrence of corruption or misconduct according to the following levels:

d) Measures taken and recommendations for solutions and measures to address and mitigate consequences (if any).

c) Shielding those who commit acts of corruption or misconduct.

a) Weaknesses in management capacity;

b) Lack of responsibility in management;

b) For inspections conducted by the Ministry's Inspectorate, General Department's Inspectorate, Bureau's Inspectorate, Provincial Inspectorate, the time to prepare the inspection result report shall not exceed twenty days, and in complex cases, it can be extended but not more than thirty days;

3. The inspection results report must clearly state the legal provisions serving as the basis for determining the nature and severity of the violation, recommendations for solutions and measures to address and mitigate consequences.

4. The time for preparing the inspection results report is calculated from the date the Inspection Team completes direct inspection activities and is specified as follows:

a) For inspections conducted by the Government Inspectorate, the time for preparing the inspection results report shall not exceed 30 days, and may be extended up to 45 days if complex;

c) For inspections conducted by the Inspectorate of the Department, County Inspectorate, the time to prepare the inspection result report shall not exceed fifteen days, and in complex cases, it can be extended but not more than twenty days.

c) For audits conducted by provincial inspectorates or district inspectorates, the time to prepare the audit result report shall not exceed fifteen days; in complex cases, it may be extended but shall not exceed twenty days.

Article 74. Review of Inspection Report Results

The person issuing the inspection decision reviews and evaluates the contents in the inspection report results submitted by the inspection team.

If necessary, the person issuing the inspection decision may request the head of the inspection team to clarify or supplement the contents in the inspection report results.

Article 75. Drafting the Inspection Conclusionn lto conclude the audit

1. Within five working days from the date of receiving the inspection report results, the person issuing the inspection decision assigns the head of the inspection team to draft the inspection conclusion. The draft inspection conclusion shall include the contents prescribed in Clause 2 of Article 78 of this Law.

2. During the process of drafting the draft inspection conclusion, the person issuing the inspection decision has the right to request the head of the inspection team, other members of the inspection team, or the inspected entity, agency, organization, or individual to provide explanations or clarifications on issues intended to be concluded regarding the inspection content.

3. Explanations must be made in writing accompanied by information, documents, and evidence to substantiate the explanation content. 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 provided by the inspected entity.

4. The draft inspection conclusion is sent to other members of the inspection team for comments before being submitted to the person issuing the inspection decision.

Other 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 also has the right to reserve their opinion on the content of the inspection conclusion before the person issuing the inspection decision. Reservations must be expressed in writing and attached to the draft inspection conclusion.

5. The time for drafting the draft inspection conclusion starts from the date the person issuing the inspection decision assigns the task of drafting the draft inspection conclusion and is regulated as follows:

a) For inspections conducted by the Government Inspectorate, the time for drafting the draft inspection conclusion shall not exceed thirty days, and may be extended up to forty-five days in complex cases;

b) For inspections conducted by the Ministry Inspectorate, General Inspectorate, Bureau, or Provincial Inspectorate, the time to draft the inspection conclusion shall not exceed twenty days, and in complex cases, it may be extended but not more than thirty days;

c) For inspections conducted by the Department Inspectorate or County Inspectorate, the time to draft the inspection conclusion shall not exceed fifteen days, and in complex cases, it may be extended but not more than twenty days.

Article 76. Seeking Opinions on the Draft Inspection Conclusionpoliciest conclusion of the audit

During the process of drafting the draft inspection conclusion, the person issuing the inspection decision may decide to seek opinions from relevant agencies, organizations, or individuals on one or several contents of the draft inspection conclusion. The agencies, organizations, or individuals requested must provide written responses on the content sought for opinions within the time limit proposed by the person issuing the inspection decision.

Article 77. Reviewing the Draft Inspection Conclusion

1. The draft inspection conclusion of the Government Inspectorate, the administrative inspection conclusion draft of the Ministry Inspectorate, and the Provincial Inspectorate must be reviewed before signing and promulgating. The review of the specialized inspection conclusion draft of the Ministry Inspectorate and the Provincial Inspectorate, as well as the draft inspection conclusion of other inspection agencies, shall be carried out when necessary.

2. The person issuing the inspection decision reviews and decides on the assignment of units or individuals to carry out the review of the draft inspection conclusion (hereinafter referred to as the reviewer) to ensure the purpose, requirements, and contents according to the inspection decision and the approved inspection implementation plan. The assignment of the review of the draft inspection conclusion must be in writing, clearly stating the content and deadline for the review.

3. The reviewer has the right to request the inspection team to provide necessary information and documents for the review; to prepare a report on the review results and bear responsibility before the person issuing the inspection decision for the review results.

4. The person issuing the inspection decision is responsible for directing the examination and adoption of the review opinions and the completion of the draft inspection conclusion.

Article 78. Issuing Inspection Conclusions

1. Within fifteen days from the date of receiving the draft inspection conclusion, the person issuing the inspection decision shall sign to issue the inspection conclusion and bear responsibility for their own conclusions and recommendations. The head of the state administrative agency at the same level shall be responsible for urging and inspecting to ensure that the issuance of the inspection conclusion is completed within the prescribed time limit.

For the draft inspection conclusion concerning cases related to national security and defense, important and complex cases under the direction and supervision of the Central Steering Committee on Anti-Corruption and Waste, the Provincial Steering Committee on Anti-Corruption and Waste, or upon request of the head of the state administrative agency at the same level, the person issuing the inspection decision must submit a report to the head of the state administrative agency at the same level.

At the latest thirty days from the date of receipt of the report, the head of the state administrative agency at the same level shall provide comments in writing on the reported content; if the head of the state administrative agency does not respond or does not have different opinions on the draft inspection conclusion, the person issuing the inspection decision shall immediately issue the inspection conclusion. If the head of the state administrative agency at the same level provides comments in writing requesting supplementation or clarification on the content of the draft inspection conclusion, the person issuing the inspection decision must complete and issue the inspection conclusion at the latest thirty days from the date of receipt of such document.

2. The inspection conclusion must ensure accuracy, objectivity, feasibility, and include the following main contents:

a) Evaluation of the implementation of policies, laws, tasks, and granted authorities of the inspected entity in administrative inspections; evaluation of compliance with specialized laws, technical regulations, and management rules of the inspected entity in specialized inspections;

b) Conclusion on the content of the inspection;

c) Clearly identifying the nature, extent, and consequences of the violation; causes and responsibilities of agencies, organizations, and individuals involved in the violation (if any);

d) Measures for handling within the authority and recommendations for solutions and measures to handle and mitigate consequences (if any) to ensure the interests of the State, rights and legitimate benefits of the inspected entity, and relevant agencies, organizations, and individuals;

đ) Limitations and inadequacies of management mechanisms, policies, and laws related thereto and recommendations for improvement.

3. During the course of conducting inspections, the person issuing the inspection decision may issue inspection conclusions on contents that have been examined and verified, with sufficient basis for conclusions, while continuing to conduct inspections on other contents specified in the inspection decision. An inspection may issue multiple inspection conclusions to promptly meet the needs of state administration.

4. Before making public the inspection conclusion, the person issuing the inspection decision may amend and supplement the issued inspection conclusion to ensure accuracy, objectivity, and feasibility.

5. After being made public, the inspection conclusion shall be sent to the head of the state administrative agency at the same level, the higher-level inspection agency, the inspected entity, and other relevant agencies, organizations, and individuals.

Article 79. Publicizing Inspection Conclusions

1. At the latest ten days from the date of signing to issue the inspection conclusion, the person issuing the inspection decision shall be responsible for publicizing the inspection conclusion according to the form prescribed in point a, Clause 3 of this Article and one of the forms prescribed in points b, c, and d, Clause 3 of this Article.

2. The inspection conclusion must be published in full, except for contents classified as state secrets or other secrets as prescribed by law.

3. Forms of publicizing inspection conclusions include:

a) Posting on the electronic portal of the inspection agency or the state administrative agency at the same level;

b) Organizing a meeting to announce the inspection conclusion with participants including the person issuing the inspection decision, the inspection team, the inspected entity, and relevant agencies, organizations, and individuals or organizing a press conference;

c) Announcing in at least one mass media outlet. For inspections conducted by the Government Inspectorate, Ministry Inspectorate, General Administration Inspectorate, or Bureau Inspectorate, the announcement shall be made in a central mass media outlet; for inspections conducted by provincial inspectorates, department inspectorates, or district inspectorates, the announcement shall be made in a local mass media outlet.

d) Posting at the workplace of the inspected agency or organization.

4. The Government shall provide detailed regulations on this matter.

 

Section 5. DUTIES AND AUTHORITY OF THE PERSON CONDUCTING INSPECTIONS

 

Article 80. Duties and powers of the person issuing the inspection decision1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.a) Directing, inspecting, and supervising the Inspection Team to implement the inspection decision correctly;

1. The person issuing the inspection decision shall have the following duties and powers:

b) Requesting the inspected entity to provide information, documents, and reports, and explanations regarding issues related to the inspection content; requesting relevant agencies, organizations, and individuals to provide information and documents related to the inspection content;

e) Requesting credit organizations to freeze the accounts of the inspected entity; proposing relevant asset control agencies, income control agencies, or other competent authorities to take measures to promptly prevent the inspected entity from destroying or disposing of assets, or to ensure the implementation of the decision to recover assets issued by the head of the inspection agency or the head of the state management agency;

c) Deciding on the request for expert appraisal on issues related to the inspection content;

d) Deciding or requesting the competent authority to decide on temporarily seizing assets, licenses, or certificates of practice being used illegally;

đ) Suspending or recommending the competent authority to suspend illegal acts;

i) Recommending the competent authority to temporarily suspend the enforcement of disciplinary decisions, job transfers, termination of employment, or retirement for the inspected entity or the provider of information and documents related to the inspection content if it is believed that such enforcement would hinder the inspection activities;

g) Deciding on inventorying assets;

h) Deciding on recovering assets that have been embezzled, retained, used illegally, or lost;

m) Resolving complaints, denunciations, recommendations, and reflections related to the responsibility of the Head of the Inspection Team and other members of the Inspection Team;

k) Recommending the competent authority to temporarily suspend the work and handle public officials, civil servants, or employees who intentionally obstruct the inspection process or fail to comply with inspection requests, recommendations, or decisions;

l) Deciding on handling within their authority or recommending the competent authority to handle the inspection results; supervising and urging the implementation of inspection handling decisions;

n) Suspending, changing the Head of the Inspection Team or other members of the Inspection Team;

p) Transferring case files, related documents, and the indictment request document to the investigation agency when signs of criminal offenses are discovered according to Clause 3, Article 68 of this Law;

o) Issuing the inspection conclusion;

q) Administering administrative penalties within their authority;

2. When the measures prescribed in Points d, đ, e, i, and k of Clause 1 of this Article are no longer necessary, the person issuing the inspection decision must immediately decide to revoke or recommend revoking the application of those measures.

r) Performing other duties and powers as prescribed by law;

Article 81. Duties and powers of the Head of the Inspection Team

a) Organizing and directing other members of the Inspection Team to implement the inspection decision correctly;

1. The Head of the Inspection Team shall have the following duties and powers:

c) Requesting the inspected entity to provide information, documents, and reports and explanations regarding issues related to the inspection content; requesting relevant agencies, organizations, and individuals to provide information and documents related to the inspection content;

b) Recommending the person issuing the inspection decision to apply measures within their authority according to this Law and other relevant laws to ensure the fulfillment of inspection requirements and objectives;

đ) Requesting credit organizations to freeze the accounts of the inspected entity; proposing relevant asset control agencies, income control agencies, or other competent authorities to take measures to promptly prevent the inspected entity from destroying or disposing of assets;

d) Requesting or recommending the competent authority to decide on temporarily seizing assets, licenses, or certificates of practice being used illegally; requesting the competent authority to carry out temporary asset seizure and inventory;

k) Administering administrative penalties within their authority;

e) Deciding on sealing documents;

g) Deciding on inventorying assets;

h) Suspending or recommending the competent authority to suspend illegal acts;

m) Resolving complaints, denunciations, recommendations, and reflections related to the responsibility of the Head of the Inspection Team and other members of the Inspection Team;

Article 82. Duties and powers of other members of the Inspection Team

l) Reporting the inspection results to the person issuing the inspection decision and bearing responsibility for the accuracy, truthfulness, and objectivity of the report;

m) Performing other duties and powers as prescribed by law;

2. When the application of measures provided for in points d, đ, e, h, and i of Clause 1 of this Article is no longer necessary, the Head of the Inspection Team must immediately decide to revoke or recommend revoking the application of those measures.

1. Other members of the Inspection Team who are Inspectors have the following duties and powers:

c) Administering administrative penalties within their authority;

a) Carry out tasks assigned by the head of the inspection team;

e) Requesting credit organizations to freeze the accounts of the inspected entity; proposing relevant asset control agencies, income control agencies, or other competent authorities to take measures to promptly prevent the inspected entity from destroying or disposing of assets, or to ensure the implementation of the decision to recover assets issued by the head of the inspection agency or the head of the state management agency;

d) Recommending the Head of the Inspection Team to apply measures within the duties and powers of the Head of the Inspection Team as prescribed in Clause 1 of Article 81 of this Law to ensure the completion of assigned tasks;

đ) Reporting to the Head of the Inspection Team on the results of assigned tasks, being responsible before the Head of the Inspection Team and the law for the accuracy, truthfulness, and objectivity of the reported content;

2. Other members of the Inspection Team who are not Inspectors have the duties and powers prescribed in Points a, d, đ, and e of Clause 1 of this Article.

e) Perform other duties and authorities as prescribed by law.

2. Other members of the Audit Team who are not auditors have the duties and powers stipulated in points a, d, đ, and e of Clause 1 of this Article.

Article 83. Requesting the inspected entity to provide information, documents, and reports, explanations

1. During the inspection process, the person issuing the inspection decision, the Head of the Inspection Team, and other members of the Inspection Team who are Inspectors have the right to request the inspected entity to provide information, documents, and written reports, and to explain issues related to the content of the inspection.

2. The inspected entity that is requested has the obligation to provide timely, complete, and accurate information and documents, and shall be responsible under the law for the accuracy and truthfulness of the provided information and documents.

3. The person conducting the inspection shall be responsible for preserving, utilizing, and using the information and documents for their intended purpose. For original documents, the person conducting the inspection shall be responsible for returning them to the inspected entity after the inspection is completed.

Article 84. Requesting relevant agencies, organizations, and individuals to provide information and documents of1. During the inspection process, the person issuing the inspection decision, the Head of the Inspection Team, and other members of the Inspection Team who are Inspectors have the right to request relevant agencies, organizations, and individuals to provide information and documents related to the content of the inspection.

2. Agencies, organizations, and individuals that are requested have the responsibility to provide timely, complete, and accurate information and documents, and shall be responsible under the law for the accuracy and truthfulness of the provided information and documents.

3. The person conducting the inspection shall be responsible for preserving, utilizing, and using the information and documents for their intended purpose. For original documents, the person conducting the inspection shall be responsible for returning them to the agency, organization, or individual that provided them after utilization.

Article 85. Sealing Documents

1. The Head of the Inspection Team decides to seal part or all of the documents of the inspected entity when there is evidence indicating that such documents are related to violations of the law or require the preservation of their original state.

The decision to seal documents must be in writing, specifying the documents to be sealed, the sealing period, and the obligations of the inspected entity. Sealed documents must be listed in a detailed inventory signed by representatives of the Inspection Team and the inspected entity.

2. The sealing period for documents may not exceed the duration of the direct inspection at the inspected location. The exploitation and use of sealed documents must be approved by the Head of the Inspection Team.

Article 86. Inventory of Assets

1. The person issuing the inspection decision, the Head of the Inspection Team decides to inventory assets of the inspected entity related to the content of the inspection when discrepancies, inconsistencies, or signs of asset misappropriation or embezzlement are discovered between records and actual conditions.

2. The decision to inventory assets must be in writing, specifying the assets, time, and place of inventory, responsibilities of those conducting the inventory, and obligations of the entity with the assets being inventoried. An inventory record must be prepared during the asset inventory, and if the inventoried assets need to be temporarily detained, the Head of the Inspection Team shall propose this to the person issuing the inspection decision or the authorized authority according to Article 89 of this Law.

The inventory decision must be in writing, specifying the assets, the time and place of the inventory, the responsibilities of those conducting the inventory, and the obligations of the subjects whose assets are being inventoried. An inventory record must be established during the asset inventory. If the inventoried assets need to be temporarily detained, the Head of the Audit Team shall propose to the person issuing the audit decision or the person authorized to decide on temporary detention pursuant to Article 89 of this Law.

Article 87. Request for Expert Appraisal

1. When it is necessary to evaluate the content related to specialized technical matters as the basis for concluding the inspection, the Head of the Inspection Team shall request the person issuing the inspection decision to decide on requesting an expert appraisal. The request for expert appraisal must be in writing, specifying the requirements, content, time frame for implementation, and the appraisal agency or organization.

2. The agencies or organizations requested for expert appraisal must carry out the appraisal, report the results within the proposed timeframe by the inspection agency, and bear legal responsibility for the accuracy, objectivity, and timeliness of the appraisal results.

3. The costs of requesting an expert appraisal shall be borne by the inspection conducting agency. In cases where the inspected entity has committed violations, the appraisal costs shall be borne by the inspected entity, except as otherwise provided by law.

4. The Government shall provide detailed regulations on this matter.

Article 88. Cease Violating Acts无效 violation act

1. During the inspection process, when discovering acts of violation causing serious damage to the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals, the person issuing the inspection decision or the Head of the Inspection Team shall decide to cease such violating acts or recommend that the competent authority issue a decision to cease the violating acts.

2. The decision to suspend violation behavior must be in writing, specifying the reasons, content, duration, and responsible parties.

Article 89. Seizure of Assets, Licenses, and Professional Certificates

1. During the inspection process, when discovering illegal use of assets, licenses, or professional certificates that need to be immediately stopped or verified as evidence for concluding and handling the case, the Head of the Inspection Team shall request the person issuing the inspection decision or the competent authority to decide on seizing the assets, licenses, or professional certificates.

2. The seizure decision must be in writing, specifying the seized assets, licenses, or professional certificates, the duration of the seizure, the responsibilities of the person issuing the seizure decision, and the obligations of the entity with the seized assets, licenses, or professional certificates. The seizure must be recorded in a protocol.

3. The preservation and custody of seized assets, licenses, or professional certificates shall be carried out in accordance with the regulations of the Government.

Article 90. Requesting Financial Institutions to Freeze Accounts of Inspected Entitiesutedng audit

1. When there is evidence that the inspected entity is disposing of assets, failing to comply with the decision to seize assets, or the decision to recover assets as stipulated in Articles 89 and 91 of this Law, the person issuing the inspection decision shall request the financial institution where the inspected entity has an account to freeze the account to facilitate the inspection.

2. During the inspection process, if there is evidence that the inspected entity is disposing of assets, the Head of the Inspection Team shall request the financial institution where the inspected entity has an account to freeze the account to facilitate the inspection.

3. The request for freezing an account must be in writing, specifying the purpose of the freeze, the entity whose account is being frozen, the timing and duration of the freeze, and the responsibilities of the financial institution.

4. The financial institution where the inspected entity has an account is responsible for promptly and fully implementing the request to freeze the account and reporting in writing on the implementation of the freeze.

5. The Government shall provide detailed regulations on this matter.

Article 91. Recovery of Stolen, Illegally Held, or Misused Assets or Those Lost Due to Illegal Acts12. Leather shoesor illegal use, or lost due to illegal acts

1. The person issuing the inspection decision shall issue a decision to recover assets when the inspected entity has committed acts of theft, illegal holding, misuse, or loss of state assets without waiting for the inspection conclusion, except as otherwise provided by law.

2. The recovery decision must be in writing, specifying the assets to be recovered, the responsibilities of relevant agencies, organizations, or individuals, the time frame for implementation, and the responsibilities of the entity whose assets are being recovered. The entity whose assets are being recovered must strictly comply with the recovery decision.

The person issuing the recovery decision shall have the responsibility to monitor, inspect, and urge the implementation of the recovery decision.

3. The Government shall provide detailed regulations on this Article.

 

Chapter 6. RIGHTS AND OBLIGATIONS OF THE INSPECTED ENTITY; SETTLEMENT OF COMPLAINTS, REPORTS, PETITIONS, AND REFLECTIONS IN INSPECTION ACTIVITIES

 

Article 92. Rights of the inspected entity

1. The inspection object has the following rights:

a) To explain issues related to the content of the inspection;

b) To appeal against decisions and actions of the inspector during the inspection process; to appeal against inspection handling decisions according to the law on appeals; to propose regarding contents in the inspection conclusion when they believe such contents are inaccurate;

c) To request compensation for damages, restoration of lawful rights and interests according to the provisions of the law.

2. Individuals who are inspected entities have the right to report violations of the law by inspectors according to the provisions of the law on reporting.

Article 93. Obligations of the inspected entity

1. To comply with inspection decisions.

2. To provide timely, complete, accurate information and documents upon the request of the inspector and bear legal responsibility for the accuracy and truthfulness of the provided information and documents.

3. To implement requests, proposals, inspection conclusions, and inspection handling decisions of the inspector and competent authorities and individuals.

Article 94. Appeals and Proposals of Relevant Agencies, Organizations, and Individuals

Relevant agencies, organizations, and individuals have the right to appeal administrative decisions and actions of the inspector and inspection handling decisions according to the law on appeals if there is evidence that such decisions or actions are contrary to the law, infringing upon their lawful rights and interests; to propose regarding contents in the inspection conclusion when they believe such contents are inaccurate.

Article 95.rime Minister cEmpowerment, Procedures, and Processes for Handling Appeals in Inspection Activities

1. The head of the inspection agency resolves appeals against its own decisions and actions, those of the Chief Inspector, and other members of the Inspection Team.

2. The head of the state management agency resolves appeals against its own inspection handling decisions and those of directly managed agencies and individuals.

3. The procedures and processes for handling appeals in inspection activities are carried out according to the provisions of the law on appeals.

Article 96. Reporting, Proposals, Reflections, and Resolution of Reports, Proposals, and Reflections on Inspection Activitiesn l1. Reporting and resolving reports on inspection activities are carried out according to the provisions of the law on reporting.

2. The heads of state management agencies and inspection agencies are responsible for promptly and legally receiving and resolving proposals regarding contents in the inspection conclusion; notifying in writing the resolution results to the proposer.

3. The heads of state management agencies, inspection agencies, and Chief Inspectors are responsible for receiving and processing proposals and reflections on inspection activities.

4. The Government shall specify in detail the authority, procedures, and processes for resolving proposals regarding contents in the inspection conclusion and proposals and reflections on inspection activities.

SUPERVISION OF INSPECTION TEAM ACTIVITIES

 

Section 7. Article 97. Responsibilities of the Decision Maker for Inspection and Heads of Directly Managing Agencies and Units of Inspection Team Members

 

1. The decision maker for inspection has the responsibility to supervise the activities of the Inspection Team.Deputy ministers of ministerial-level agencies,In cases where necessary, the decision maker for inspection issues a decision to assign civil servants or establish a Supervision Group to carry out supervision of the Inspection Team's activities (hereinafter referred to collectively as the supervisor), clearly defining the scope, composition, time, and method of supervision. The supervision decision is issued simultaneously with the inspection decision or during the inspection process when there is information, reflection, proposal, or report about the Inspection Team's activities. of2. The heads of agencies and units directly managing the members of the Inspection Team have the responsibility to supervise them during the performance of inspection tasks.

1. The person issuing the audit decision is responsible for overseeing the activities of the Audit Team.

In cases where necessary, the person issuing the audit decision issues a decision to assign civil servants or establish a Supervision Team to oversee the activities of the Audit Team (collectively referred to as the supervisor), clearly defining the content, composition, time, and method of supervision. The supervision decision is issued simultaneously with the issuance of the audit decision or during the audit process when there is information, complaints, recommendations, or accusations about the Audit Team's activities.

2. The Heads of agencies or units directly managing the members of the Audit Team are responsible for supervising them during the audit process.

Article 98. Content of Supervision over the Activities of the Inspection Team

1. Compliance with legal provisions regarding the basis, authority, and procedures for performing tasks and exercising powers in inspection activities by the Head of the Inspection Team and other members of the Inspection Team.

2. Compliance with directives from the decision-making authority for inspections; implementation of inspection decisions and plans; compliance with information and reporting systems.

3. Compliance with legal provisions concerning prohibited acts of the Head of the Inspection Team and other members of the Inspection Team; acceptance of complaints, denunciations, suggestions, and reflections during the Inspection Team's activities.

Article 99. Tasks and Powers of the Person Implementing Supervision

1. Draft the supervision plan to be submitted for approval by the decision-making inspector.

2. Working with the Inspection Team and relevant agencies, organizations, and individuals related to the supervision content. The person implementing supervision shall only work with the inspected entity upon request of the decision-making authority for inspections.

3. Requesting the Inspection Team to provide the following information and documents:

a) Inspection decisions, decisions extending the inspection period, decisions suspending or changing the Head of the Inspection Team or other members of the Inspection Team, decisions amending or supplementing the inspection content, inspection plan, outline requesting the inspected entity to report, and directives from the decision-making authority for inspections;

b) Reports on the performance of duties by other members of the Inspection Team to the Head of the Inspection Team and by the Head of the Inspection Team to the decision-making authority for inspections;

c) Complaints, reports, recommendations, and reflections related to the activities of the Inspection Team (if applicable);

d) Other documents as directed by the decision-making inspector.

4. Reporting to the decision-making authority for inspections about the content according to the supervision plan of the Inspection Team’s activities and other content as required by the decision-making authority for inspections; in cases where the Inspection Team’s activities do not conform to the inspection plan or prohibited acts are discovered in the Inspection Team’s activities, the Head of the Inspection Team and other members must report to the decision-making authority for inspections for handling in accordance with the law.

Article 100. Responsibilities of the Head of the Inspection Team and Other Members of the Inspection Team in Supervisory Activitiesinng audit team, other memberDeputy ministers of ministerial-level agencies,1. Timely, fully, and accurately providing information and documents as stipulated in Clause 3 of Article 99 of this Law.

2. Explaining and clarifying issues related to the supervision content at the request of the person implementing supervision.

3. Reporting to the decision-making authority for inspections when discovering violations of the law by the person implementing supervision during the supervision process.

Article 101. Organizing Supervision and Reporting Supervision Results

1. Supervision is carried out based on the supervision plan of the Inspection Team approved by the decision-making authority for inspections.

2. The person implementing supervision reviews and evaluates the reports of the Inspection Team and other relevant information and documents within the supervision plan of the Inspection Team’s activities.

3. Not later than fifteen days from the end date of direct inspections, the person implementing supervision must submit a report on the supervision results to the decision-making authority for inspections; in cases of unscheduled supervision as requested by the decision-making authority for inspections, the deadline for submitting the report is determined by the decision-making authority for inspections.

4. The supervision results serve as one of the bases for the decision-making authority for inspections to review and issue inspection conclusions.

4. The results of supervision are one of the bases for the person issuing the audit decision to consider and issue the audit conclusion.

 

Chapter V

IMPLEMENTATION OF INSPECTION CONCLUSIONS

 

Article 102. Responsibilities of the Head of the Inspection Agency in Issuing Inspection Conclusions

Clause 1. The Head of the inspection agency must issue a recommendation letter to the Head of the management agency at the same level to direct the implementation of the contents of the inspection conclusion.

The recommendation letter must be sent simultaneously with the inspection conclusion, proposing methods and measures for organizing the implementation of recommendations in the inspection conclusion that fall within the jurisdiction of the Head of the management agency at the same level.

2. The head of the inspection agency must report the results of implementing the inspection conclusion to the head of the state management agency at the same level.

Article 103. Responsibilities of the Head ofof the State Management Agency

Clause 1. The Prime Minister, Ministers, Chairpersons of Provincial People's Committees, Chairpersons of District People's Committees are responsible for directing the implementation of the inspection conclusions of the Government Inspectorate, Ministry Inspectorates, Provincial Inspectorates, and District Inspectorates.

General Bureau Chiefs, Directors, and Department Heads are responsible for directing the implementation of the inspection conclusions of the Inspectorates of General Bureaus, Directorates, and Department Inspectorates.

Clause 2. Within fifteen days from the date of receipt of the inspection conclusion, the Head of the state management agency at the same level must issue an implementation document for the inspection conclusion of the inspection agency. For the conclusions of the Government Inspectorate, the Prime Minister must issue an implementation document within thirty days from the date of receipt of the inspection conclusion. The implementation document shall include the following contents:

a) Handling or requesting, recommending the competent state agency to handle economic violations;

b) Handling or requesting, recommending the competent state agency to handle civil servants and public officials who have violated the law;

c) Applying or requesting, recommending the competent state agency to apply measures to rectify and improve mechanisms, policies, and laws.

Clause 3. When directing the implementation of the inspection conclusion, the Prime Minister, Ministers, General Bureau Chiefs, Directors, Chairpersons of Provincial People's Committees, Department Heads, and Chairpersons of District People's Committees may require the inspected entity to present a remediation plan for economic violations, assign the inspector who issued the inspection conclusion and the Heads of related agencies and units to examine and submit for approval a remediation plan ensuring the full recovery of state funds and assets, and creating conditions for the inspected entity to continue maintaining and developing production and business operations.

Clause 4. The Prime Minister, Ministers, General Bureau Chiefs, Directors, Chairpersons of Provincial People's Committees, Department Heads, and Chairpersons of District People's Committees assign the agency or unit responsible for organizational and personnel work to take the lead and coordinate with the competent agency managing civil servants and public officials to proceed with handling civil servants and public officials who have violated the law as stated in the inspection conclusion; assign the Government Inspectorate, Ministry Inspectorates, Provincial Inspectorates, and District Inspectorates to monitor and urge the implementation.

In case the Head of the competent agency managing civil servants and public officials does not handle or handles improperly the civil servants and public officials who have violated the law, the Prime Minister, Ministers, Chairpersons of Provincial People's Committees, and Chairpersons of District People's Committees shall examine and hold accountable the Head of the competent agency managing civil servants and public officials.

Article 104. Responsibilities of the inspected entity and the person in charge of the inspecting agency or organization ofdirectly overseeing the inspected entity andn lforeign eintention other agencies, organizations, and individuals related to the inspection ofơ quan, tổ chức, cá nhân có liên quan

Clause 1. The inspected entity must fully and promptly implement the inspection conclusion within the specified time limit.

For contents in the inspection conclusion that cannot be immediately implemented, the inspected entity must develop an implementation plan for the inspection conclusion and submit it to the competent authority within ten days from the date of publicizing the inspection conclusion, clearly stating the progress and explaining the reasons.

Clause 2. Within fifteen days from the date of publicizing the inspection conclusion, based on the content of the inspection conclusion, the document organizing the implementation of the inspection conclusion, requests, recommendations, and decisions on handling the inspection, the head of the agency or organization directly managing the inspected entity shall have the following responsibilities:

a) Fully, promptly, and timely implement requests, recommendations, and decisions on handling inspections within their scope of responsibility;

b) Promptly direct the inspected object to organize the implementation of the inspection conclusion, requests, recommendations, and decisions on handling inspections;

c) Apply measures within their authority to resolve difficulties and obstacles of the inspected object during the implementation of the inspection conclusion, requests, recommendations, and decisions on handling inspections;

d) Check the development of plans to implement the inspection conclusion by the inspected object.

Clause 3. The inspected entity, the head of the agency or organization directly managing the inspected entity, and other agencies, organizations, and individuals related to the inspection shall have the responsibility to report the results of implementing the inspection conclusion to the competent authority and the head of the inspection agency.

Article 1Section 5. Supervision, Urging, and Inspection of the Implementation of the Inspection Conclusion

Clause 1. Within their scope of duties and powers, the head of the inspection agency and the head of the state administrative agency at the same level shall be responsible for directing the supervision, urging, inspection, and publicizing the implementation of the inspection conclusion and timely addressing arising issues.

Clause 2. The Government Inspectorate shall be responsible for supervising, urging, and inspecting the implementation of the inspection conclusion and decisions on handling the inspection made by itself and by the Prime Minister.

The Ministry Inspectorate, General Inspectorate, Bureau Inspectorate, Provincial Inspectorate, Department Inspectorate, and County Inspectorate shall be responsible for supervising, urging, and inspecting the implementation of the inspection conclusion and decisions on handling the inspection made by themselves and by the head of the state administrative management agency at the same level.

The inspection agency shall conduct direct inspections of the implementation of the inspection conclusion and decisions on handling the inspection by the inspected entity and related agencies, organizations, and individuals.

4. The Government shall provide detailed regulations on this matter.

Article 106. Handling Violations in Implementing the Inspection Conclusion

Clause 1. A person responsible for supervising, urging, and inspecting the implementation of the inspection conclusion who does not organize its implementation or implements it incompletely shall be subject to responsibility according to the provisions of the law.

Clause 2. The inspected entity, agencies, organizations, and individuals responsible for implementing the inspection conclusion and decisions on handling the inspection who do not implement them or implement them incompletely and untimely shall be subject to disciplinary action, administrative penalties, or criminal liability pursuit, if causing damage, they must compensate according to the provisions of the law, depending on the nature and degree of violation.

Clause 3. The Government shall provide detailed regulations on handling violations in implementing the inspection conclusion.

 

Chapter VI

COOPERATION IN STATE INSPECTION, AUDITING, AND INVESTIGATION ACTIVITIES

 

Article 1Section 7. Responsibilities for Cooperation in State Inspection, Auditing, and Investigation Activities

Agencies performing inspection functions, state auditing agencies, and investigation agencies shall cooperate to enhance the effectiveness of state inspection, auditing, and investigation activities, contributing to preventing and combating crimes and other violations of the law in state administration.

Article 108. Responsibilities of the Government Inspector General and the State Audit ChiefNo.pursuant to Decisionnational1. The Government Inspector General shall be responsible for coordinating with the State Audit Chief in accordance with the provisions of the Law on State Audit and this Law to ensure the effectiveness of inspection activities and state audit activities.

2. Coordination shall be carried out during the process of drafting and implementing inspection and audit plans; handling overlaps and duplications between inspection activities and state audit activities; providing and exchanging information on inspections and audits; utilizing inspection and audit results; training and professional development in inspection and audit.

3. Annually, the Government Inspectorate and the State Audit shall evaluate and summarize the handling of overlaps and duplications between inspection activities and state audit activities to address them when drafting plans and conducting inspection and state audit activities for the following year.

Article 109. Responsibilities of Heads of Inspection Agencies and Regional and Sectoral State Audit Chiefs

Heads of agencies performing inspection functions and regional and sectoral State Audit Chiefs shall be responsible for coordinating in their activities, regularly exchanging information to avoid overlaps and duplications when conducting inspections and audits.inIn cases where overlaps and duplications are found in the scope of inspection with other inspection agencies or state audit agencies, the Head of the agency performing inspection functions must immediately report to the Head of the same-level management agency, the higher-level inspection agency, and notify the state audit agency, relevant agencies, organizations, and units to take appropriate measures to avoid overlaps and duplications and ensure continuity in operations among agencies, organizations, and units.

Article 110. Seeking Opinions and Utilizing Results in Inspection and State Audit Activities

1. During the conduct of inspection and state audit activities or before issuing inspection conclusions and audit reports, agencies performing inspection functions and state audit agencies may seek opinions from each other on necessary contents to ensure accurate, objective, and comprehensive inspection conclusions and audit reports.

2. Inspection agencies have the right to use information, data, and conclusions in state audit reports to serve inspection conclusions. State audit agencies are responsible for providing audit results, audit conclusions, and recommendations to inspection agencies and bear responsibility for the accuracy of the provided information and documents.

Article 111. Responsibilities of Investigative Agencies

Investigative agencies shall be responsible for receiving prosecution recommendation documents and case files with criminal indications, related materials transferred by agencies performing inspection functions for handling in accordance with the Criminal Procedure Law.

Article 112. Operating Expenses of Inspection Agencies; Regulations and Policies for Inspectors

3. Inspection agencies are allowed to allocate a portion of the recovered funds identified through inspections, after depositing them into the state budget as stipulated by the Standing Committee of the National Assembly, to support enhancing inspection capacity, strengthening material infrastructure, and rewarding and motivating individuals and organizations with achievements in inspection work.

 

Chapter VII

CONDITIONS FOR INSPECTION ACTIVITIES

 

4. Regulations, policies, allowances, and special provisions for Inspectors are prescribed by the Government.

1. The budget for inspection agency operations shall be guaranteed by the state budget.

2. Management, allocation, and use of the budget for inspection agencies shall be carried out in accordance with the provisions of the state budget law.

3. Audit agencies may allocate a portion of the funds recovered through audits and deposited into the State budget according to the regulations of the Standing Committee of the National Assembly to support the enhancement of audit activity capacity, strengthen material foundations, and reward and motivate organizations and individuals with outstanding achievements in audit work.

4. The system, policies, allowances, and special regimes for Auditors are prescribed by the Government.

Article 113. Investment in modernizing inspection activities

1. The State shall have policies on investment and development of science and technology, and other means to ensure the organization and operation of agencies performing inspection functions; building databases to serve inspection work; applying information technology and digital technology in inspection activities; establishing inspection standards to ensure that inspection activities are of high quality, effective, feasible, lawful, transparent, and open.

2. Bộ trưởng, Chủ tịch Ủy ban nhân dân cấp tỉnh có trách nhiệm bảo đảm các điều kiện để tăng cường hoạt động thanh tra và thúc đẩy hoạt động thanh tra theo hướng chuyên nghiệp, chính quy, từng bước hiện đại, góp phần nâng cao hiệu lực, hiệu quả quản lý nhà nước.

 

Chương VIII

ĐIỀU KHOẢN THI HÀNH

 

Điều 114. Tổ chức và hoạt động thanh tra trong Quân đội nhân dân, Công an nhân dân, Ngân hàng Nhà nước Việt Nam, cơ quan cơ yếu Chính phủ

1. Tổ chức và hoạt động thanh tra trong Quân đội nhân dân, Công an nhân dân do Chính phủ quy định.

2. Tổ chức và hoạt động thanh tra trong Ngân hàng Nhà nước Việt Nam được thực hiện theo quy định của Luật này và pháp luật về ngân hàng.

3. Tổ chức và hoạt động thanh tra trong cơ quan cơ yếu Chính phủ được thực hiện theo quy định của Luật này, pháp luật về cơ yếu và quy định khác của pháp luật có liên quan.

Điều 115. Tổ chức, hoạt động thanh tra nội bộ

1. Cơ quan thanh tra của Tòa án nhân dân tối cao, Viện kiểm sát nhân dân tối cao, Kiểm toán nhà nước được thành lập theo quy định của pháp luật, giúp Chánh án Tòa án nhân dân tối cao, Viện trưởng Viện kiểm sát nhân dân tối cao, Tổng Kiểm toán nhà nước thực hiện nhiệm vụ thanh tra theo quy định của pháp luật.

2. Căn cứ vào quy định của Luật này và quy định khác của pháp luật có liên quan, trong phạm vi nhiệm vụ, quyền hạn của mình, cơ quan khác của Nhà nước, đơn vị sự nghiệp công lập thành lập tổ chức thanh tra nội bộ hoặc bố trí cán bộ làm công tác thanh tra nội bộ theo quy định của Chính phủ để giúp Thủ trưởng cơ quan, đơn vị thực hiện công tác thanh tra trong phạm vi quản lý của mình. Thủ trưởng cơ quan, đơn vị có trách nhiệm tổ chức và chỉ đạo hoạt động thanh tra nội bộ trong cơ quan, đơn vị mình.

Điều 116. Sửa đổi, bổ sung một số điều của các luật có liên quan đến thanh tra

1. Sửa đổi, bổ sung một số khoản của Điều 46 của Luật Xử lý vi phạm hành chính số 15/2012/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 54/2014/QH13, Luật số 18/2017/QH14 và Luật số 67/2020/QH14 như sau:

a) Bổ sung cụm từ “Chánh Thanh tra Tổng cục, Cục khác thuộc Bộ và tương đương;” vào sau cụm từ “Chánh Thanh tra Ủy ban Chứng khoán Nhà nước;” tại đoạn mở đầu khoản 2;

b) Bổ sung cụm từ “Chánh Thanh tra cơ quan thuộc Chính phủ, Chánh Thanh tra tỉnh,” vào trước cụm từ “Cục trưởng Cục Thống kê,” tại đoạn mở đầu khoản 3.

2. Sửa đổi, bổ sung điểm a khoản 2 Điều 160 của Luật Bảo vệ môi trường số 72/2020/QH14 như sau:

“a) Thanh tra theo kế hoạch;”.

Điều 117. Hiệu lực thi hành

1. Luật này có hiệu lực thi hành từ ngày 01 tháng 7 năm 2023.

2. Luật Thanh tra số 56/2010/QH12 hết hiệu lực kể từ ngày Luật này có hiệu lực thi hành.

Điều 118. Quy định chuyển tiếp

Các cuộc thanh tra có quyết định thanh tra được ban hành trước ngày Luật này có hiệu lực thi hành thì tiếp tục thực hiện theo quy định của Luật Thanh tra số 56/2010/QH12.

Luật này được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XV, kỳ họp thứ 4 thông qua ngày 14 tháng 11 năm 2022.