Directive No. 22/2001/CT-TTg on Rectifying Inspection and Supervision Work of Enterprises

DIRECTIVE

On Rectifying Inspection and Supervision Work for Enterprises

Since the Government issued Decree No. 61/1998/NĐ-CP on August 15, 1998 regarding inspection and supervision work for enterprises (hereinafter referred to as Decree No. 61), this work has shown positive changes, contributing to bringing production and business activities into order and discipline. However, inspection and supervision activities still overlap and intersect in content among agencies with functional responsibilities; or conduct inspections and supervisions without decisions, arbitrarily extending the duration of inspections and supervisions. The coordination between agencies with inspection and supervision functions remains loose. There are still cases where the right to inspect and supervise is abused to harass, extort, and cause difficulties and inconvenience for enterprises.

To address the shortcomings and deficiencies in inspection and supervision work for enterprises and continue to strictly implement Decree No. 61, the Prime Minister requests:

1. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of People's Committees of provinces and centrally governed cities shall focus on directing and deeply ingraining the viewpoint and purpose of inspection and supervision work for enterprises among the forces under their management with the aim of guiding and helping enterprises to produce and operate in accordance with the law effectively; stop the abuse and misuse of inspection and supervision to harass and cause difficulties and inconvenience for enterprises; directly direct the development of programs and plans for inspecting and supervising enterprises within their jurisdiction. The Heads of Inspection Departments of ministries, provinces, and centrally governed cities must perform their role as focal points and consolidate the programs and plans for inspection and supervision of agencies under their management; eliminate overlaps in inspection and supervision content from the planning stage. Inspections and supervisions at enterprises shall only be conducted when there are signs of law violations or when requested by higher-level state authorities with the authority to do so, and they must be carried out in accordance with Decree No. 61. For enterprises that require inspections and supervisions across multiple fields, inter-ministerial teams should be established to reduce the number of inspections and supervisions. Special attention must be given to strictly implementing the provisions of Decree No. 61: "Inspection and supervision of enterprises can only be carried out with the decision of the head of a state agency with the authority to do so; it cannot be repeated more than once in the same year for the same content for an enterprise (except in extraordinary circumstances); upon completion of inspection and supervision at an enterprise, a written conclusion about the inspected content must be issued." Inspectors and supervisors who violate the law and cause losses to enterprises must compensate the enterprises and be subject to strict disciplinary action.

2. Enterprises need to strengthen internal inspection and supervision work in accordance with the Enterprise Law. State agencies with the authority should enhance monitoring and guidance for enterprises to self-inspect and supervise. The head of the agency deciding on inspection and supervision is responsible for the conclusions of inspection and supervision at enterprises. Enterprises have the right to use the written conclusions of the inspection, supervision, and audit teams conducted in the year as a legal basis to request the agency issuing the inspection and supervision decision to remove overlapping inspection and supervision contents.

3. The Minister of Public Security shall direct the consolidation and rectification of the organization and operation of economic police, economic security, cultural security, fire prevention and firefighting police, administrative management police for public order and social safety. These forces need to strengthen professional measures in their operations. Direct inspections at enterprises or access to enterprise files and documents shall only be carried out when truly necessary and must be based on a decision of the competent public security agency head according to Decree No. 61. Stop conducting inspections of enterprises without decisions to avoid criminalizing administrative, civil, and economic relations. The head of the public security agency is responsible for violations in the inspection work of the public security force under their direct responsibility.

4. The Minister of Finance shall direct the coordination of activities related to financial and tax inspections; take the lead in coordinating with relevant ministries, sectors, and localities to develop programs and plans for financial inspections of enterprises, avoiding overlaps and intersections from the planning stage.

5. The State Audit Office shall plan to closely coordinate with the Minister of Finance and the State Inspector General to develop audit programs before submitting them to the Prime Minister for approval, avoiding overlaps and intersections in the content of financial inspection and supervision activities for enterprises.

6. The Minister of Trade shall direct market management forces to closely coordinate with relevant agencies, fulfill their assigned functions and tasks in accordance with the law, and not arbitrarily inspect enterprises on matters within the jurisdiction of other agencies.

7. The State Inspector General shall be responsible for guiding ministries, agencies equivalent to ministries, government agencies, provincial and centrally governed city people's committees in developing inspection and supervision programs and plans for enterprises; promptly issue guiding documents to clarify the conditions and procedures for direct inspections and supervisions at enterprises by each state agency according to Decree No. 61; distinguish the handling of complaints and reports from economic and social inspections; strengthen state management over inspection and supervision work; compile and evaluate the situation, propose measures to improve the effectiveness of inspection and supervision activities for enterprises.

8. The Minister of Justice shall take measures to strengthen activities for disseminating and popularizing laws on inspection and supervision, particularly for enterprises so that they correctly understand and strictly comply with the law.

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and Heads of relevant agencies shall promptly organize the implementation and instruct units under their management to effectively implement this Directive./.