Decree No. 33/2015/ND-CP on the implementation of inspection conclusions

DECREE

Regulations on the Implementation of Inspection Conclusions

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On the basis of Law on Government Organization dated December 25, 2001;

On the basis of Law on Inspection dated November 15, 2010;

At the proposal of the Inspector General,

The Government promulgates this Decree on the implementation of inspection conclusions.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the responsibilities of agencies, organizations, and individuals in implementing inspection conclusions and monitoring, urging, and inspecting the implementation of inspection conclusions.

Article 2. Applicability

This Decree applies to:

1. State administrative agency; head of state administrative agency;

2. State inspection agency; head of state inspection agency; agency assigned to perform specialized inspection functions; head of agency assigned to perform specialized inspection functions;

3. Inspected entity; person in charge of the agency or organization directly managing the inspected entity; agency, organization, or individual related to the implementation of inspection conclusions.

Article 3. Principles for Implementing Inspection Conclusions

1. Inspection conclusions must be strictly implemented by the inspected entity, agencies, organizations, and individuals related to the implementation of inspection conclusions.

2. Specific and clear violations identified in inspection conclusions must be promptly and strictly addressed; recommendations and requirements in inspection conclusions must be timely considered and handled in accordance with the law.

3. Inspection conclusions must be monitored, urged, and inspected for implementation by state agencies and individuals with authority.

4. Content under re-inspection, content in inspection conclusions seeking instructions for which there has been no directive from the competent authority, shall not be mandatory to implement.

Chapter II
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

Section 1

 RESPONSIBILITIES OF HEADS OF STATE ADMINISTRATIVE AGENCIES AT THE SAME LEVEL AS THE AGENCY

ISSUING THE INSPECTION CONCLUSION

Article 4. Directing the Implementation of Inspection Conclusions

1. Within fifteen days from the date of receipt of the inspection conclusion, the head of the state administrative agency at the same level as the agency issuing the inspection conclusion shall issue a directive on the implementation of the inspection conclusion if any of the following circumstances exist:

a) The inspection conclusion contains content requesting instructions for implementation;

b) The content of the inspection conclusion involves foreign elements;

c) The recommendation for handling in the inspection conclusion complies with the provisions of the law but lacks feasibility;

d) The inspection conclusion requires a directive for implementation from the head of the state administrative agency at the same level as the agency issuing the inspection conclusion.

2. The directive on the implementation of the inspection conclusion must clearly express opinions on the recommendations in the inspection conclusion; on transferring case files with criminal indications to the investigative agency; specify responsibilities, timelines for implementation, and deadlines for reporting results of the implementation by the inspected entity, the agency issuing the inspection conclusion, the agency directly managing the inspected entity, and other relevant agencies, organizations, and individuals in the implementation of the inspection conclusion.

3. The content of the directive or requirement, recommendation for the implementation of the inspection conclusion issued by the head of the state administrative agency at the same level as the agency issuing the inspection conclusion may be included in one document or separate documents.

4. The directive on the implementation of the inspection conclusion, decision on handling, document requesting, and recommendation on inspection specified in this Article and Articles 5, 6, and 7 of this Decree must be sent to the agency issuing the inspection conclusion and the agencies, organizations, and individuals responsible for implementation.

4. Directing documents for the implementation of inspection conclusions, decisions on handling, request documents, and inspection recommendations as stipulated in this Article and Articles 5, 6, and 7 of this Decree shall be sent to the agency issuing the inspection conclusion and to the agencies, organizations, or individuals responsible for implementation.

Article 5. Handling Administrative and Economic Violations

1. Within fifteen days from the date of receiving the inspection conclusion, the head of the state administrative agency at the same level as the agency issuing the inspection conclusion shall be responsible for:

a) Requesting agencies, organizations, and individuals under their management to cease and terminate the violation, recover money, land use rights, other assets that have been misappropriated, illegally used, or lost due to unlawful acts;

b) Within their scope of authority, carry out administrative violation penalty procedures; decide to recover money, land use rights, other assets that have been misappropriated, illegally used, or lost due to unlawful acts; apply measures to mitigate consequences for violations of laws across various fields of state administration; apply other management measures as prescribed by law;

c) Recommend the competent authority to impose administrative penalties; recommend agencies, organizations, and individuals with the authority to apply measures to mitigate consequences for violations of laws across various fields of state administration.

2. The authority, procedure, and process for imposing administrative penalties, recovering money, land use rights, other assets, and mitigating consequences for violations of laws across various fields of state administration shall be carried out in accordance with the provisions of the Law on Handling Administrative Violations and related laws.

3. At the latest two days from the date of issuance, the document handling administrative and economic violations as stipulated in Clause 1 of this Article must be sent to the inspected entity, relevant agencies, organizations, and individuals, and the agency issuing the inspection conclusion.

Article 6. Handling Civil Servants, Public Officials, and Individuals Engaged in Violations

1. Based on the management and utilization hierarchy of civil servants, public officials, and employees, the head of the state administrative agency at the same level as the agency issuing the inspection conclusion shall be responsible for:

a) Directing the organization to conduct self-criticism and clearly identify the responsibility of collectives and individuals involved in violations;

b) Proceeding with disciplinary action procedures, issuing decisions on disciplinary actions against civil servants, public officials, and employees within their direct management authority;

c) Requesting agencies, organizations, and individuals under their management to take disciplinary actions against civil servants, public officials, and employees, and handle individuals engaged in violations within their management authority;

d) Recommending agencies, organizations, and individuals with the authority to take disciplinary actions against civil servants, public officials, and employees, and handle individuals engaged in violations within their management authority.

2. The authority, procedure, and process for taking disciplinary actions against civil servants, public officials, and employees, and handling individuals engaged in violations of laws shall be carried out in accordance with the provisions of the Law on Civil Servants, Public Officials, and Employees, the Labor Law, and related laws.

Article 7. Addressing Weaknesses and Gaps in Management, Improving Policies and Laws

1. Within fifteen days from the date of receiving the inspection conclusion, the head of the state administrative agency at the same level as the agency issuing the inspection conclusion shall be responsible for:

a) Directing agencies, organizations, and individuals under their management to apply necessary measures to promptly address weaknesses and gaps in management, cease and terminate violations, revoke, abolish, suspend the implementation of documents containing illegal content, improve policies and laws;

b) Within their responsibility, promptly apply measures to address weaknesses and gaps in management; revoke, abolish, suspend the implementation of documents containing illegal content, improve policies and laws;

c) Recommending agencies, organizations, and individuals with the authority to apply measures to address weaknesses and gaps in management, cease and terminate violations, issue or revoke, abolish, suspend the implementation of documents containing illegal content, improve policies and laws.

2. The procedure and process for suspending, revoking, abolishing, amending, supplementing, issuing normative legal documents, directive and operational documents but containing illegal content shall be carried out in accordance with the provisions of the Law on Issuing Normative Legal Documents and other related laws.

Section 2

RESPONSIBILITIES OF THE HEAD OF THE AGENCY ISSUING

INSPECTION CONCLUSION

Article 8. Decisions, Requests, and Recommendations to Implement Audit Conclusions

1. Within fifteen days from the date of issuance of the audit conclusion or from the date of receipt of the directive on the implementation of the audit conclusion, the head of the agency issuing the audit conclusion shall be responsible for:

a) Within their authority, carry out administrative penalty procedures; decide to recover money, land use rights, other assets that have been misappropriated, illegally used, or lost due to unlawful acts; apply measures to mitigate consequences for violations of the law; consider disciplinary actions against civil servants, public officials, and employees within their management authority; apply other management measures as prescribed by law;

b) Request the audited entity, agencies, organizations, and individuals related to the audit to: Cease unlawful acts; recover money, land use rights, other assets that have been misappropriated, illegally used, or lost due to unlawful acts; impose administrative penalties within their authority; handle or recommend competent authorities to impose disciplinary actions against civil servants, public officials, and employees, and handle individuals who violate the law; apply measures to address weaknesses and deficiencies in management, cease unlawful acts; revoke, annul, or suspend the enforcement of documents containing illegal content, improve policies and laws;

c) Transfer case files with signs of criminal offenses to competent investigative agencies for handling according to the provisions of the law.

2. The authority, procedure, and process for imposing administrative penalties, recovering money, land use rights, other assets, and mitigating consequences for violations of laws across various fields of state administration shall be carried out in accordance with the provisions of the Law on Handling Administrative Violations and related laws.

Article 9. Supervision, Urging, and Inspection of the Implementation of Audit Conclusions

The head of the agency issuing the audit conclusion shall be responsible for organizing supervision, urging, and inspection of the audited entity, agencies, organizations, and individuals related to the implementation of the audit conclusion.

Activities of supervision, urging, and inspection of the implementation of audit conclusions shall be carried out according to the provisions of Chapter III of this Decree.

Section 3

RESPONSIBILITIES OF THE AUDITED ENTITY AND AGENCIES,

ORGANIZATIONS AND INDIVIDUALS INVOLVED

Article 10. Implementation of Audit Conclusions, Directives, Requests, Recommendations, and Decisions on Handling Audits

1. After receiving the audit conclusion, directives, requests, recommendations, and decisions on handling audits, the audited entity, agencies, organizations, and individuals related to the audit shall be responsible for:

a) Timely and fully implement and organize the implementation of all obligations clearly defined in the audit conclusion, directives, requests, recommendations, and decisions on handling audits within the specified deadlines;

b) In cases where the audit conclusion contains multiple contents related to the responsibilities of many agencies, organizations, and individuals, the audited entity must establish a Plan to Implement the Audit Conclusion.

The Plan to Implement the Audit Conclusion must clearly define the objectives, requirements, timeline, methods for implementing the contents in the audit conclusion, directives, requests, recommendations, and decisions on handling audits, and assign clear responsibilities for each agency, organization, and individual.

The Plan to Implement the Audit Conclusion must be sent to the agency issuing the audit conclusion and relevant agencies, organizations, and individuals involved in its implementation.

2. The heads of agencies and organizations that are audited entities, the heads of agencies and organizations related to the audit, within their scope of duties and powers, shall be responsible for:

a) Promptly directing and assigning agencies, organizations, units, and individuals responsible for fully implementing the contents stipulated in Clause 1 of this Article;

b) Urging units and individuals under their management to implement the audit conclusion, directives, requests, recommendations, and decisions on handling audits;

c) Ensuring conditions and implementing measures within their authority to ensure that units and individuals under their management strictly, fully, and promptly implement the audit conclusion, directives, requests, recommendations, and decisions on handling audits;

d) Conducting inspections and audits of agencies, organizations, and individuals under their management according to the audit conclusion, directives, requests, recommendations, and decisions on handling audits;

e) Handling agencies, organizations, and individuals under their management who commit violations in the implementation of the audit conclusion, directives, requests, recommendations, and decisions on handling audits.

Article 11. Implementation of audit conclusions, directive documents, requests, recommendations, decisions on administrative and economic violations

Based on audit conclusions, directive documents, requests, recommendations, and decisions on administrative and economic violations within their scope of responsibility, the heads of inspected agencies and organizations, relevant agencies, organizations, and individuals must:

1. Fully, promptly, and within the prescribed time limit comply with decisions on handling administrative and economic violations; cease and terminate unlawful acts; return money, land use rights, other assets that have been misappropriated, illegally used, or caused losses due to unlawful acts.

2. Promptly carry out administrative and economic penalty procedures; apply measures to mitigate consequences for unlawful acts; require subordinate agencies, organizations, and individuals to cease and terminate unlawful acts; return money, land use rights, other assets that have been misappropriated, illegally used, or caused losses due to unlawful acts; apply measures to mitigate consequences for unlawful acts.

3. Apply management measures within their authority to implement audit conclusions, directive documents, requests, recommendations, and decisions on handling audits.

4. The authority, procedure, and process for imposing administrative penalties, recovering money, land use rights, other assets, and mitigating consequences for unlawful acts in various fields of state administration shall be carried out in accordance with laws on handling administrative violations and related laws.

Article 12. Implementation of audit conclusions, directive documents, requests, recommendations for handling civil servants, public officials, employees, and individuals who have committed violations

1. Based on audit conclusions, directive documents, requests, and recommendations for handling civil servants, public officials, employees, and individuals who have committed violations within their scope of responsibility, the heads of inspected agencies and organizations, relevant agencies, organizations, and individuals must:

a) Organize self-criticism, clearly identify responsibilities, and propose disciplinary measures for groups and individuals who have committed violations;

b) Issue disciplinary decisions or recommend competent authorities to impose disciplinary actions on civil servants, public officials, and employees; handle or recommend competent authorities to handle individuals who have committed violations;

c) Require or recommend subordinate agencies, organizations, and individuals to impose disciplinary actions on civil servants, public officials, and employees, and handle individuals who have committed violations within their management authority.

2. The authority, procedure, and process for imposing disciplinary actions on civil servants, public officials, and employees, and handling individuals who have committed violations shall be carried out in accordance with laws on civil servants, public officials, and employees; labor laws, and related laws.

Article 13. Implementation of audit conclusions, directive documents, requests, recommendations to address weaknesses and deficiencies in management, improve policies, and laws

1. Based on audit conclusions, directive documents, requests, and recommendations to address weaknesses and deficiencies in management, improve policies, and laws within their scope of responsibility, the heads of inspected agencies and organizations, relevant agencies, organizations, and individuals must:

a) Promptly apply measures to address weaknesses and deficiencies in management, terminate unlawful acts; revoke, abolish, or suspend the implementation of documents containing illegal content; amend, supplement, and improve policies and laws;

b) Require subordinate agencies, organizations, and individuals to promptly apply necessary measures to address weaknesses and deficiencies in management, terminate unlawful acts; revoke, abolish, or suspend the implementation of documents containing illegal content, amend, supplement, and improve policies and laws.

2. The procedure and process for suspending, revoking, abolishing, amending, supplementing, issuing normative legal documents, directive and operational documents but containing illegal content shall be carried out in accordance with the provisions of the Law on Issuing Normative Legal Documents and other related laws.

Article 14. Report on the Implementation of Inspection Conclusions

1. The inspected entity, organizations, and individuals related to the inspection shall be responsible for reporting on the implementation of the inspection conclusions, directive documents, requests, recommendations, and decisions on handling when they receive a request from the agency issuing the inspection conclusion, the head of the state management agency at the same level as the agency issuing the inspection conclusion, or the head of the organization directly managing the inspected entity.

2. The contents of the report by the inspected entity, organizations, and individuals related to the inspection include:

a) The implementation and organization of the implementation of the inspection conclusions, directive documents, requests, recommendations, and decisions on handling;

b) The progress and results of implementing the inspection conclusions, directive documents, requests, recommendations, and decisions on handling, including completed and uncompleted items;

c) Difficulties and obstacles encountered during the implementation of the inspection conclusions, directive documents, requests, recommendations, and decisions on handling, along with the causes of these difficulties and obstacles, and proposals for the competent authority to consider and resolve them;

d) Acts of violating laws and the handling of such violations by organizations, entities, and individuals related to the implementation of the inspection conclusions, directive documents, requests, recommendations, and decisions on handling.

Section 4

RESPONSIBILITIES OF THE HEADS OF ORGANIZATIONS MANAGING THE INSPECTED ENTITY DIRECTLY

DIRECT MANAGEMENT OF THE INSPECTION OBJECT

Article 15. Implementation and Supervision of the Execution of Inspection Conclusions

Within fifteen days from the date of receipt of the inspection conclusion or directive documents, requests, recommendations, and decisions on handling, based on the content of the inspection conclusions, directive documents, requests, recommendations, and decisions on handling within their scope of duties and powers, the heads of organizations directly managing the inspected entity shall be responsible for:

1. Fully, promptly, and timely implementing the requests, recommendations, and decisions on handling within their scope of responsibility.

2. Promptly directing the inspected entity to organize the implementation of the inspection conclusions, directive documents, requests, recommendations, and decisions on handling.

3. Applying measures within their authority to resolve difficulties and obstacles encountered by the inspected entity during the implementation of the inspection conclusions, directive documents, requests, recommendations, and decisions on handling.

4. Supervising the implementation of the inspection conclusions by the inspected entity.

Article 16. Handling Violations by the Inspected Entity

1. Based on the content of the inspection conclusions, directive documents, requests, recommendations, and decisions on handling within their scope of duties and powers, the heads of organizations directly managing the inspected entity shall be responsible for:

a) Timely handling administrative and economic violations;

b) Initiating disciplinary procedures, issuing disciplinary decisions, or proposing that the competent authority impose disciplinary actions on civil servants, public officials, and employees; handling or proposing that the competent authority handle individuals who have committed violations;

c) Applying measures to compel the inspected entity to rectify weaknesses and deficiencies in management, stop illegal acts; revoke, annul, or suspend the enforcement of documents containing unlawful content; amend, supplement, and perfect policies and laws;

d) Handling violations by the inspected entity in the implementation of the inspection conclusions, directive documents, requests, recommendations, and decisions on handling.

2. The authority, procedures, and processes for implementing the contents stipulated in Clause 1 of this Article shall be carried out in accordance with the provisions of the law on administrative violation handling, disciplinary action against civil servants, public officials, and employees, the law on promulgation of regulatory legal documents, and other relevant laws.

Chapter III
MONITORING, URGING, AND INSPECTING THE IMPLEMENTATION OF

INSPECTION CONCLUSIONS

Article 17. Principles for monitoring, urging, and inspecting

The activities of monitoring, urging, and inspecting the implementation of inspection conclusions must be conducted regularly, promptly, objectively, openly, transparently, and in compliance with legal regulations; they shall not hinder the normal operations of the entities being monitored, urged, and inspected; such activities may be carried out on individual cases or multiple cases simultaneously depending on the complexity of the cases being monitored, urged, and inspected.

Article 18. Responsibilities for directing and organizing monitoring, urging, and inspecting

1. The head of the state administrative agency at the same level as the agency issuing the inspection conclusion shall have the responsibility to direct the monitoring, urging, and inspecting, and to promptly handle the results of monitoring, urging, and inspecting the implementation of inspection conclusions within the scope of authority prescribed by law.

2. The head of the agency issuing the inspection conclusion shall have the responsibility to organize the monitoring, urging, and inspecting of the implementation of inspection conclusions and to promptly handle the results of monitoring, urging, and inspecting the implementation of inspection conclusions within the scope of authority prescribed by law.

Article 19. Responsibilities of the State Inspectorate, agencies assigned to perform specialized inspection functions

1. The Government Inspectorate shall have the responsibility to monitor, urge, and inspect the implementation of inspection conclusions and decisions on handling inspections issued by itself and by the Prime Minister.

2. Ministry Inspectors, Provincial Inspectors, Department Inspectors, and County Inspectors shall have the responsibility to monitor, urge, and inspect the implementation of inspection conclusions and decisions on handling inspections issued by themselves and by the heads of state administrative agencies at the same level.

3. Agencies assigned to perform specialized inspection functions shall have the responsibility to monitor, urge, and inspect the implementation of inspection conclusions and decisions on handling inspections issued by themselves.

4. State Inspectorates and agencies assigned to perform specialized inspection functions shall directly inspect the implementation of inspection conclusions and decisions on handling inspections by the inspected entities, agencies, organizations, and individuals.

Article 20. Subjects of Monitoring, Urging, and Inspection

The subjects of monitoring, urging, and inspecting the implementation of inspection conclusions are the inspected entities, the direct supervisory agencies of the inspected entities, and agencies, organizations, and individuals responsible for or related to the implementation of inspection conclusions.

Article 21. Contents of Monitoring, Urging, and Inspection

1. The contents of monitoring the implementation of inspection conclusions include:

a) The process of directing the implementation of inspection conclusions, directive documents, requests, recommendations, and decisions on handling inspections issued by the head of the state administrative agency or the head of the agency assigned to perform specialized inspection functions;

b) The progress and results of implementing the contents in the inspection conclusions, directive documents, requests, recommendations, and decisions on handling inspections by the entities being monitored, urged, and inspected;

c) Understanding difficulties and obstacles related to the implementation of inspection conclusions, directive documents, requests, recommendations, and decisions on handling inspections.

2. The contents of urging the implementation of inspection conclusions include:

a) The contents stipulated in Clause 1 of this Article;

b) Reminding the implementation of the contents recorded in the inspection conclusions, directive documents, requests, recommendations, and decisions on handling inspections that have not been implemented;

c) Requesting reports explaining the reasons for not completing the implementation of inspection conclusions, directive documents, requests, recommendations, and decisions on handling inspections;

d) Applying measures to ensure that inspection conclusions, directive documents, requests, recommendations, and decisions on handling inspections are implemented.

3. The contents of inspecting the implementation of inspection conclusions include:

a) The contents stipulated in Clause 1 of this Article;

b) The direction and organization of implementing inspection conclusions, requests, recommendations, and decisions on handling inspections;

c) The results of implementing inspection conclusions, requests, recommendations, and decisions on handling inspections, including completed contents, uncompleted contents, and the progress of implementation;

d) Understanding objective and subjective difficulties during the implementation of inspection conclusions, requests, recommendations, and decisions on handling inspections;

đ) Identifying violations of the law by relevant subjects in the implementation of inspection conclusions, requests, recommendations, and decisions on handling inspections;

e) The responsibilities of relevant subjects and the reasons for not completing the implementation of inspection conclusions, requests, recommendations, and decisions on handling inspections.

Article 22. Procedures for monitoring

1. Within fifteen days from the date of publication of the inspection conclusion, the person assigned to monitor shall be responsible for opening a monitoring file. The monitoring file must collect information related to the implementation of the inspection conclusion, including: Basic information about the monitored entity; contents of responsibilities that the monitored entity must fulfill; specific statistics and summaries of requests, recommendations, and decisions on handling; contents and deadlines recorded in requests, recommendations, and decisions on handling.

2. Monitoring activities are carried out through requiring the monitored entity to report on the implementation of the inspection conclusion and provide evidence materials. The head of the state inspection agency, the head of the agency assigned to perform specialized inspection functions, shall assign a person directly to work with the monitored entity to determine information about the implementation of the inspection conclusion.

3. Within forty-five days from the date of publication of the inspection conclusion, the person assigned to monitor shall be responsible for reporting to the head of the state inspection agency, the head of the agency assigned to perform specialized inspection functions on the results of monitoring the implementation of the inspection conclusion. The report includes the following contents: General information about the inspection conclusion and the responsibilities that the monitored entity must fulfill; results of implementing the inspection conclusion; evaluation of the implementation of the inspection conclusion; analysis of causes and proposals for implementing the inspection conclusion.

4. Within three days from the date of receiving the report on the results of monitoring the implementation of the inspection conclusion, the head of the state inspection agency, the head of the agency assigned to perform specialized inspection functions shall base their decision on the monitoring results to decide: To conclude the monitoring and store the monitoring file according to current regulations if the implementation of the inspection conclusion has been completed; to urge implementation according to this Decree if the implementation of the inspection conclusion has not been completed.

5. The results and handling of the results of monitoring the implementation of the inspection conclusion shall be notified to the monitored entity and made public in accordance with the law.

Article 23. Procedures for Urging Implementation

1. Activities to urge the implementation of the inspection conclusion are conducted through sending urging letters or conducting direct meetings with the entities being urged.

a) In the case of sending urging letters, within five days at the latest from the date of being assigned to urge, the person assigned to urge shall be responsible for proposing an urging letter to be submitted to the head of the state inspection agency, the head of the agency assigned to perform specialized inspection functions to send to the entity being urged.

b) In the case of direct meetings, within five days at the latest from the date of being assigned to urge, the person assigned to urge shall be responsible for proposing a work plan and a notification letter to be submitted to the head of the state inspection agency, the head of the agency assigned to perform specialized inspection functions to send to the entity being urged.

2. Within twenty-five days from the date of being assigned to urge, the person assigned to urge shall be responsible for reporting the results of urging to the head of the state inspection agency, the head of the agency assigned to perform specialized inspection functions. The report includes the following contents: The urging process; the situation and progress of implementing the inspection conclusion; results of implementing the inspection conclusion after urging; overall assessment and proposals for implementing the inspection conclusion.

3. Within three days from the date of receiving the report on the results of urging the implementation of the inspection conclusion, the head of the state inspection agency, the head of the agency assigned to perform specialized inspection functions shall base their decision on the urging results to decide: To conclude the urging and store the urging file according to current regulations if the implementation of the inspection conclusion has been completed; to conduct inspections according to this Decree if the implementation of the inspection conclusion has not been completed.

4. The results and handling of the results of urging the implementation of the inspection conclusion shall be notified to the entity being urged and made public in accordance with the law.

Article 24. Procedure and process for inspection

1. The head of the state inspection agency or the head of the agency assigned to perform specialized inspection functions shall issue an inspection decision when there is one of the following grounds:

a) The deadline for implementing the inspection conclusion, request, recommendation, or decision on handling the inspection has expired, and the entity being urged has not completed the implementation;

b) The entity being urged does not fulfill its responsibility to report the results of implementing the inspection conclusion as prescribed by law;

c) During the monitoring and urging process, signs of asset disposal, document destruction, non-cooperation, obstruction, or other violations of the law are discovered.

2. Inspection shall be carried out based on an inspection decision issued by the head of the state inspection agency or the head of the agency assigned to perform specialized inspection functions. The inspection decision must clearly specify: Basis for issuing the decision; inspected entity, scope, content, and time limit for inspection; person assigned the inspection task. At the latest three days from the date of signing, the inspection decision must be sent to the person assigned the inspection task and the inspected entity. At the latest five working days from the date of signing the decision, the person assigned the inspection task must commence the inspection.

3. The maximum period for inspecting the implementation of the inspection conclusion is five days from the start of the inspection. If the inspection content is complex and the inspection scope is wide, the maximum inspection period is ten days from the start of the inspection.

The maximum period for inspecting the implementation of multiple inspection conclusions is ten days from the start of the inspection. If the inspection content is complex and the inspection scope is wide, the inspection period is twenty days from the start of the inspection.

4. At the latest three days from the end of the inspection, the person assigned the inspection task is responsible for reporting the inspection results to the head of the state inspection agency or the head of the agency assigned to perform specialized inspection functions. The report includes the following contents: Evaluation of the situation and inspection results; conclusion on the inspection content; recommendations for measures to handle legal violations and related matters to ensure the implementation of the inspection conclusion.

5. Based on the inspection results, the head of the state inspection agency or the head of the agency assigned to perform specialized inspection functions is responsible for:

a) Requesting the head of the direct management agency of the inspected entity to apply measures within their authority to compel the inspected entity to complete the implementation of the inspection conclusion;

b) Applying measures within their authority or recommending competent authorities to apply measures according to the law;

c) Transferring the case to the competent investigative agency for examination and prosecution if signs of criminal offenses related to the implementation of the inspection conclusion are discovered;

d) Deciding to re-inspect or proposing that the head of the equivalent level administrative management agency decide to re-inspect according to the law on inspection if signs of legal violations are found in the inspection conclusion, directive documents, requests, recommendations, or decisions on handling the inspection;

đ) Reporting and recommending that the head of the competent administrative management agency examine and handle cases where there is evidence to determine that the inspected entity lacks the ability to implement the inspection conclusion, directive documents, requests, recommendations, or decisions on handling the inspection.

6. The results and handling of the results of inspecting the implementation of the inspection conclusion shall be notified to the inspected entity and made public in accordance with the provisions of the law.

Chapter IV
IMPLEMENTING PROVISIONS

Article 25. Handling Violations

Organizations, individuals who violate the law in the implementation, monitoring, urging, and inspecting the implementation of the inspection conclusion and decisions on handling the inspection as stipulated in this Decree shall be subject to handling according to relevant laws depending on the nature and degree of violation.

Article 26. Effective date

1. This Decree takes effect from May 15, 2015.

2. Abolish Article 56 and Article 57 of Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain articles of the Inspection Law.

Article 27. Responsibility for Implementation

Ministers, Heads of agencies at the ministerial level, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, and related agencies, organizations, and individuals are responsible for enforcing this Decree./.