Decree No. 217/2025/NĐ-CP On specialized inspection activities

DECREE

On specialized inspection activities

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Inspection Law No. 84/2025/QH15;

At the proposal of the Government Inspectorate;

The Government issues this Decree on specialized inspection activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates specialized inspection activities.

Article 2. Applicability

State management agencies, Heads of state management agencies; agencies, units authorized to carry out specialized inspections; Heads and members of specialized inspection teams; agencies, organizations, units, individuals subject to specialized inspections; other related agencies, organizations, and individuals.

Article 3. Purpose of specialized inspection activities

1. Specialized inspection is the examination, evaluation, and handling by agencies or persons with authority over the compliance with specialized laws by agencies, organizations, and individuals (hereinafter referred to as organizations and individuals) within the scope of state administration according to sectors and fields.

2. Specialized inspection activities aim to correct and enhance awareness of compliance with specialized laws; prevent, detect, stop, and apply or recommend authorities or persons with authority to apply measures prescribed by law to promptly address violations; contribute to enhancing the effectiveness of state administration. Through specialized inspections, requests or recommendations for competent audit authorities to conduct audits when necessary; if there are signs of criminal offenses, they shall report and transfer case files and relevant documents to investigative bodies for consideration and decision on initiating criminal cases in accordance with the law.

Article 4. Principles of specialized inspection activities

1. Compliance with the law, objectivity, timeliness, and accuracy.

2. Ensuring no overlap or duplication with audit activities and state audit activities of competent authorities; no overlap or duplication with specialized inspection activities of other competent specialized inspection authorities.

3. Ensuring coordination with related agencies; not obstructing or affecting the normal operations of specialized inspection subjects.

4. Inspection authority is determined based on the principles of sectoral and territorial state administration.

5. Prioritizing online or remote inspections based on electronic data.

6. Exempting actual inspections for businesses, households, and individual traders who strictly comply with legal regulations.

Article 5. Prohibited acts in specialized inspection activities

1. For persons with specialized inspection authority

a) Exploiting positions and powers to harass, inconvenience organizations and individuals subject to specialized inspections;

b) Illegally interfering with the activities of specialized inspection subjects;

c) Accepting bribes, gifts, or material and spiritual benefits in any form from specialized inspection subjects;

d) Illegally using information and materials collected during specialized inspections;

đ) Falsifying inspection records, forging documents;

e) Other prohibited acts as prescribed.

2. For specialized inspection subjects and related agencies, organizations, and individuals

a) Obstructing, opposing, threatening, or intimidating personnel performing their duties during specialized inspections;

b) Not complying with specialized inspection decisions or requirements of specialized inspection teams;

c) Concealing, destroying, or falsifying documents and evidence related to specialized inspections;

d) Not providing or providing incomplete, untimely, untruthful, or inaccurate information and materials to specialized inspection teams;

đ) Offering bribes, brokering bribes; influencing the results of specialized inspections;

e) Other prohibited acts as prescribed.

Chapter II

 INSPECTION AUTHORITY; TASKS, POWERS IN SPECIALIZED INSPECTION ACTIVITIES

POWERS AND LIMITATIONS IN SECTORAL INSPECTION ACTIVITIES

Article 6. Competence for specialized inspection

1. The Minister, Head of a ministerial-level agency shall have competence for specialized inspection within their scope of state management.

The head of units under the ministry or ministerial-level agency shall have competence for specialized inspection over organizations and individuals within the scope of delegated authority or authorization.

The Director of a branch office or equivalent under the unit of the ministry or ministerial-level agency shall have competence for specialized inspection over organizations and individuals within the scope of delegated management.

2. The Chairman of People's Committees at all levels shall have competence for specialized inspection over organizations and individuals within the scope of state management of the same-level People's Committee.

The heads of specialized agencies under People's Committees at all levels shall have competence for specialized inspection over organizations and individuals within the scope of advisory and assistance tasks assigned to manage state affairs.

The Director of a branch office or equivalent under specialized agencies under provincial or municipal People's Committees shall have competence for specialized inspection over organizations and individuals within the scope of delegated management.

Article 7. Tasks and powers of the Heads of State Management Agencies in specialized inspection activities; heads of units implementing specialized inspections

1. The Minister, Head of a ministerial-level agency, Chairman of People's Committees at all levels

a) Direct, guide, organize, and implement specialized inspection activities within their scope of management;

b) Direct and coordinate to handle overlaps and duplications between specialized inspection activities and audit activities as stipulated in Clause 2, Article 58 of the Inspection Law; coordinate to handle overlaps and duplications with other agencies' specialized inspection activities according to the principle of exchange for consensus, and if consensus cannot be reached, report to the superior state management agency head for consideration and decision;

c) Propose the competent inspection agency to conduct an audit when the case involves complex content, related to the responsibility of multiple levels, sectors, or fields, or when necessary;

d) Promptly direct and handle according to their authority on recommendations from specialized inspection teams;

đ) Direct the summary, consolidation, and reporting on specialized inspection activities within the scope of management of the ministry, sector, or locality;

2. The head of units with specialized inspection authority under ministries or ministerial-level agencies, the head of specialized agencies under People's Committees at all levels

a) Conduct specialized inspections when there are signs of violations or when instructed by the Minister, Head of a ministerial-level agency, or Chairman of the provincial or municipal People's Committee;

In cases where it is necessary for state management, develop a specialized inspection plan to submit to the Minister, Head of a ministerial-level agency, or Chairman of the same-level People's Committee for approval; issue and organize the implementation of the plan;

Specialized inspection plans of ministries or ministerial-level agencies, and of provincial or municipal People's Committees must be sent to the Government Inspectorate and relevant inspection agencies to handle overlaps and duplications;

Specialized inspection plans of village-level People's Committees, and of specialized agencies under provincial or municipal People's Committees must be sent to provincial or municipal Inspectors and relevant inspection agencies to handle overlaps and duplications;

b) Advise and coordinate to handle overlaps and duplications between specialized inspection activities and audit activities; coordinate in handling overlaps and duplications in inspection activities with other agencies having specialized inspection authority;

Handle violations according to their authority or recommend the competent authority to promptly address violations by agencies, organizations, or individuals according to administrative violation laws; if there are criminal indications, transfer information to the investigation agency for examination and handling according to regulations;

If limitations or inadequacies in mechanisms, policies, or laws are discovered through specialized inspections, recommend the competent authority or person to amend and supplement them appropriately;

đ) Decide to temporarily suspend inspections in cases of force majeure that prevent continuing specialized inspections; decide to terminate inspections when the inspected object no longer exists, the inspection content has been audited, a prosecution decision has been made, or upon request of the competent state management agency head;

Issue a document requiring rectification and correction of deficiencies and limitations found after specialized inspections to be sent to the inspected objects;

Summarize, consolidate, and report on specialized inspection activities within the scope of state management.

Article 8. Duties and Authorities of the Head and Members of the Specialized Inspection Team

1. Request the inspected entity to provide information, files, documents, products, goods, and services for inspection purposes; request explanations and clarifications on relevant matters.

2. Recommend that the competent authority of the specialized inspection team, other agencies, or individuals with authority apply necessary measures according to laws on administrative violation handling to ensure the implementation of the inspection's requirements and objectives.

3. Record administrative violations, compel cessation of illegal acts, impose administrative penalties, and exercise other rights as prescribed by laws on administrative violation handling.

4. Report to the head of the competent agency or unit about the results of the specialized inspection.

5. Perform other duties and authorities as prescribed by law.

Article 9. Rights and Obligations of the Inspected Entity

1. Rights of the Inspected Entity

a) Explain issues related to the content of the specialized inspection;

b) Be protected from technological secrets, business secrets, and personal data as stipulated by law;

c) Refuse to provide information, documents, products, goods, and services unrelated to the content of the specialized inspection;

d) Lodge complaints, denunciations, recommendations, and reflections on the specialized inspection activities and decisions regarding such inspections as prescribed by law;

đ) Other rights as prescribed by law.

2. Obligations of the Inspected Entity

a) Comply with the decision on specialized inspection; not obstruct or create difficulties for the specialized inspection team during its performance of tasks;

b) Provide complete and timely information, files, documents, products, goods, and services related to the content of the specialized inspection when requested; bear responsibility for the legality, accuracy, and truthfulness of the provided information, files, documents, products, goods, and services;

c) Comply with decisions on handling specialized inspections.

Article 10. Responsibilities of Relevant Agencies, Organizations, and Individuals

1. Coordinate and implement requests, recommendations, and decisions on handling made by the specialized inspection team and persons with authority as prescribed by law.

2. Supervise the activities of the specialized inspection team; exercise rights to lodge complaints, denunciations, recommendations, and reflections as prescribed by law.

Chapter III

PROCEDURES AND FORMALITIES FOR SPECIALIZED INSPECTION

Article 11. Decision on Specialized Inspection

1. The person authorized under Article 6 of this Decree issues the decision on specialized inspection.

2. Basis for issuing the decision on specialized inspection:

a) When signs of law violations or incidents, events, or unusual circumstances as prescribed by specialized laws are discovered;

b) Upon directive of the head of the state management agency; upon request or recommendation of agencies or individuals with authority;

c) According to the special inspection plan (if any).

3. Content of the decision on specialized inspection

a) Basis for issuing the decision on specialized inspection;

b) Scope and content of specialized inspection;

c) Object of specialized inspection;

d) Time limit for specialized inspection;

đ) Composition of the specialized inspection team.

4. The decision on specialized inspection shall be announced to the inspected entity at the time of inspection, except in cases where law violations are discovered on the spot as stipulated in Clause 1, Article 15 of this Decree.

Article 12. Specialized Inspection Team

1. The specialized inspection team is established to carry out specialized inspection tasks according to the decision of the competent authority. The specialized inspection team consists of the Team Leader, Deputy Team Leader (if any), and members.

2. The Team Leader and members of the specialized inspection team must be individuals who are knowledgeable about the law, capable, and have expertise appropriate to the content of the specialized inspection; not within the period of disciplinary review, criminal prosecution; not in situations conflicting with the interests of the inspected entity as prescribed.

The Team Leader of the specialized inspection team shall be trained in specialized inspection procedures.

Article 13. Location and Time Limit for Specialized Inspections

1. The inspection team conducts work at the headquarters, workplace of the agency, organization, unit, or individual being inspected, the headquarters of the inspecting agency or unit, or at the location where the inspection or verification is carried out according to the inspection plan.

2. Time limit for specialized inspections

a) For specialized inspections conducted by units under ministries or ministerial-level agencies, the inspection period shall not exceed fifteen days; in complex cases or areas with difficult travel conditions, it may be extended once, not exceeding seven days;

b) For specialized inspections conducted by specialized agencies under provincial People's Committees, the inspection period shall not exceed ten days; in complex cases or areas with difficult travel conditions, it may be extended once, not exceeding five days;

c) For specialized inspections conducted by specialized agencies under district People's Committees, the inspection period shall not exceed seven days; in complex cases or areas with difficult travel conditions, it may be extended once, not exceeding three days;

d) The inspection period is calculated from the date of announcing the inspection decision.

Article 14. Plan for Conducting Specialized Inspections

1. The person assigned as the Team Leader of the specialized inspection team is responsible for drafting and issuing the plan for conducting specialized inspections for approval by the decision-making authority.

2. The plan for conducting specialized inspections includes: objectives, requirements, subjects, contents, time, locations, methods of inspection, assignment of tasks to team members, and anticipated resources for specialized inspection activities.

Article 15. Conducting Inspections and Handling Violations

1. Announcing the specialized inspection decision

The Team Leader announces the specialized inspection decision to the inspected entity and informs the work program.

In case of discovering violations on the spot, the inspection is conducted, an administrative violation record is made, and the matter is handled according to the law.

2. The inspection team collects, examines, and evaluates information, files, documents, products, goods, and services related to the inspection.

3. Preparing inspection records, administrative violation records, and handling the results of specialized inspections

a) The inspection team prepares an inspection record, clearly stating the composition of the inspection team, the inspected entity, relevant organizations and individuals, the content of the inspection, verification results, opinions of the inspected entity and relevant organizations and individuals (if any). The inspection record must be signed by the Team Leader, the inspected entity, and relevant organizations and individuals (if any). If the inspected entity does not sign the inspection record, the record must bear the signature of a representative of the local government authority where the violation occurred or of at least one witness confirming that the inspected entity did not sign the record;

b) In case of discovering organizations or individuals engaging in administrative violations, the inspection team prepares an administrative violation record and implements measures to handle the matter according to the law;

c) In case the inspection does not provide sufficient authority to review, assess, and clarify the situation, the Team Leader reports to the decision-making authority for requesting or proposing the competent inspection authority to conduct an audit;

d) In case of discovering signs of criminal offenses, the Team Leader reports to the decision-making authority for recommending the initiation of criminal proceedings and transferring the case file and related documents to the investigation authority for consideration and decision on initiating criminal proceedings according to the law;

e) When necessary or upon request of the decision-making authority, the Team Leader of the specialized inspection team prepares a report on the inspection results, a document requesting rectification and correction of deficiencies and limitations identified during the inspection, and submits it to the decision-making authority for approval;

4. The conduct of specialized inspections can be carried out directly or remotely based on electronic data.

The competent authority for specialized inspections is responsible for directing and implementing the application of information technology and digital transformation in specialized inspection activities; strengthening remote inspections based on electronic data to save time, costs, and resources; ensuring that inspections are timely, effective, and meet state management requirements.

Article 16. Implementation of Decisions on Specialized Inspection

1. The head of the agency or unit conducting specialized inspection shall be responsible for directing and organizing the monitoring and urging the implementation of administrative penalty decisions, other decisions as prescribed by laws on handling administrative violations and related laws, and documents requiring rectification and correction of deficiencies and limitations identified after specialized inspection (if any); where necessary, they shall report to the head of the higher-level state management agency for appropriate measures to ensure full and proper implementation of decisions on specialized inspection.

2. The inspected entity and related organizations and individuals shall be responsible for strictly and fully implementing decisions on specialized inspection.

Chapter IV

 VIOLATIONS AND IMPLEMENTATION PROVISIONS

Article 17. Handling Violations

1. If a person conducting specialized inspection violates the provisions of Clause 1, Article 5 of this Decree, they shall be subject to disciplinary action or criminal responsibility as provided by law depending on the nature and severity of the violation.

2. If the specialized inspection object and related organizations and individuals violate the provisions of Clause 2, Article 5 and Clause 2, Article 9 of this Decree, they shall be subject to disciplinary action, administrative penalties, or criminal responsibility; if damage is caused, compensation must be made in accordance with the law.

Article 18. Effectiveness and Responsibility for Enforcement

1. This Decree takes effect from the date of issuance.

2. Enforcement Responsibility

a) The General Inspector of the Government shall be responsible for guiding the enforcement of this Decree;

b) Where necessary, the Minister or Head of a ministerial-level agency shall issue inspection procedures according to the requirements of state management in their respective sectors or fields;

c) The Minister or Head of a ministerial-level agency; Chairpersons of People's Committees at all levels and relevant agencies, organizations, units, and individuals shall be responsible for enforcing this Decree.

Article 19. Transitional Provisions

Specialized inspections with inspection decisions issued before the effective date of this Decree shall continue to be implemented in accordance with the provisions of the law./.