Decree No. 43/2023/NĐ-CP detailing certain provisions and measures for implementing the Inspection Law

DECREE

REGULATIONS ON SOME ARTICLES AND IMPLEMENTATION MEASURES OF THE INSPECTION LAW

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Inspection Law on November 14, 2022;

At the proposal of the Government Inspectorate;

The Government promulgates the Decree stipulating detailed provisions on some articles and implementation measures of the Inspection Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates detailed provisions on some articles of the Inspection Law, including:

a) Article 38 on Inspectors;

b) Article 56 on re-inspection;

c) Article 60 on Inspection Teams;

d) Article 79 on publicizing inspection conclusions;

đ) Article 87 on requesting expert appraisal;

e) Article 90 on requiring credit organizations to freeze accounts of inspected entities;

g) Article 91 on recovering assets that have been misappropriated, detained, used unlawfully, or lost due to unlawful acts;

h) Clause 4 of Article 96 on the authority, procedures, and formalities for handling complaints about the content in inspection conclusions and complaints, reflections on inspection activities;

i) Article 105 on monitoring, urging, and inspecting the implementation of inspection conclusions;

k) Clause 3 of Article 106 on handling violations in implementing inspection conclusions.

2. Implementation measures of the Inspection Law, including: authority, procedures, and formalities for appointing and dismissing Inspectors; uniforms and inspector cards; systems, policies, allowances, and special regimes for Inspectors; organization and operation of internal inspections.

Article 2. Applicability

This Decree applies to state administrative management agencies, heads of state administrative management agencies; agencies performing inspection functions, heads of agencies performing inspection functions; leaders of inspection teams, members of inspection teams, Inspectors; agencies, organizations, individuals subject to inspection and agencies, organizations, individuals related to inspection activities; heads of government agencies, public service units, and persons engaged in internal inspection work.

Chapter II

INSPECTORS

Section 1. INSPECTORS AND RESPONSIBILITIES FOR MANAGING AND USING INSPECTORS

Article 3. Inspectors

1. An Inspector is a person appointed to the Inspector rank to perform tasks and powers in inspection activities as prescribed by law. The code for the Inspector civil servant rank includes: Senior Inspector (code: 04.023), Principal Inspector (code: 04.024), Inspector (code: 04.025).

2. The position of work for Inspectors shall be guided by the State Inspector General for inspection agencies according to Clause 1 and Clause 2 of Article 9 of the Inspection Law.

Article 4. Responsibilities of Inspectors

1. Inspectors must set an example in complying with the law; they have the responsibility to study and research to improve their professional knowledge and inspection skills.

2. During the inspection process, Inspectors must carry out assigned tasks under the direction of the Team Leader; they must comply with legal regulations and bear legal responsibility for the tasks assigned; they are responsible to the Team Leader, the decision-making authority for inspections, and the direct administrative head regarding the performance of assigned tasks.

Article 5. Responsibilities for Managing and Using Inspectors

State administrative management agencies and agencies performing inspection functions have the responsibility to manage, utilize, train, provide further education, implement salary systems, and other incentive policies, rewards, and disciplinary measures for Inspectors as prescribed by law.

Section 2. APPOINTMENT, PROMOTION, AND REMOVAL OF INSPECTORS

Article 6. Appointment Authority for Inspector Ranks

1. The Minister, Head of a ministry-level agency, Chairman of the People's Committee of a province or centrally governed city (hereinafter referred to collectively as the provincial People's Committee) shall appoint the Inspector rank and Senior Inspector rank within their authority.

2. The Minister, Head of a ministry-level agency, Chairman of the provincial People's Committee shall issue a decision to appoint the Senior Inspector rank after obtaining the consensus opinion of the Ministry of Home Affairs.

Article 7. Promotion to Higher Inspector Ranks

1. Inspectors who meet the criteria and conditions stipulated in Articles 39, 40, and 41 of the Inspection Law shall be eligible for promotion to higher ranks under the following circumstances:

a) Achieving outstanding results in public service activities during the current civil servant rank, recognized by the competent authority;

b) Being appointed to a leadership or management position that requires such qualifications.

2. The requirement for outstanding results in public service activities as specified in point a, Clause 1 of this Article includes commendations and awards based on achievements and performance in fulfilling duties and public service tasks, as follows:

a) For promotion from Inspector rank to Senior Inspector rank: receiving the Labor Medal Class III or higher, or achieving the title of Outstanding Worker at the ministerial, sectoral, provincial, or central mass organization level;

b) For promotion from Senior Inspector rank to Senior Inspector rank: receiving the Labor Medal Class I, or achieving the title of National Outstanding Worker.

3. Based on job positions and in accordance with the approved structure of civil servant ranks of the employing agency, the employing agency shall report to the managing body for consideration and decision within its authority, or submit to the competent authority for consideration and decision regarding immediate promotion upon the Inspector meeting the requirements set forth in Clause 1 of this Article.

Article 8. Appointment of Inspector Ranks through Rank Transfer Procedures

1. Civil servants currently working in inspection agencies who meet the qualification and professional standards stipulated in Articles 39, 40, and 41 of the Inspection Law may be considered for rank transfer and appointment to Inspector ranks as follows:

a) In cases where they are specialists or equivalent positions, they will be considered for rank transfer and appointment to the Inspector rank;

b) In cases where they are senior specialists or equivalent positions, they will be considered for rank transfer and appointment to the Senior Inspector rank;

c) In cases where they are top specialists or equivalent positions, they will be considered for rank transfer and appointment to the Senior Inspector rank.

2. The process of considering rank transfer and appointment to Inspector ranks must go through the Rank Transfer Examination Board.

The Minister, Head of a ministry-level agency, Head of a government agency, and Chairman of the provincial People's Committee shall decide to establish the Rank Transfer Examination Board for civil servants under their jurisdiction.

The Rank Transfer Examination Board consists of five members, operating on a collective basis, deciding by majority vote. The composition includes:

a) Chairperson of the Board: at the central level, it is the leadership of the ministry, ministry-level agency, or government agency; at the local level, it is the leadership of the provincial People's Committee;

b) At the central level, the Deputy Chairperson is the Director of the Cadre and Civil Service Department; at the local level, the Deputy Chairperson is the Director of the Provincial Department of Home Affairs;

c) At the central level, the permanent member is the Chief Inspector of the Ministry (Ministry Inspector hereinafter referred to collectively as the Ministry Inspector), ministry-level agency, or government agency; at the local level, the permanent member is the Chief Inspector of the province, centrally governed city (province Inspector hereinafter referred to collectively as the province Inspector), and the permanent member is responsible for preparing procedures, files, and documents to report to the Rank Transfer Examination Board;

d) Other members are determined according to needs, appointed by the Minister, Head of a ministry-level agency, Head of a government agency, or Chairman of the provincial People's Committee as representatives of relevant agencies and units.

3. The application dossier for the Rank Transfer Examination Board includes:

a) A work evaluation document from the direct managing agency of the civil servant;

b) A work result statement; certified copies of diplomas and certificates issued by the competent authority;

c) A curriculum vitae as prescribed.

4. The application dossier for appointment to the Inspector rank and Senior Inspector rank includes:

a) Personal dossier as prescribed in Clause 3 of this Article;

b) Minutes of the Rank Transfer Examination Board meeting;

c) A document from the Rank Transfer Examination Board recommending the Minister, Head of a ministry-level agency, Head of a government agency, or Chairman of the provincial People's Committee to appoint to the Inspector rank and Senior Inspector rank within their authority.

5. The application dossier for appointment to the Senior Inspector rank includes:

a) Personal dossier as prescribed in Clause 3 of this Article;

b) Minutes of the Rank Transfer Examination Board meeting;

c) A document proposing appointment to the Senior Inspector rank from the Rank Transfer Examination Board;

d) A document of agreement from the Ministry of Home Affairs regarding the appointment of Senior Inspectors.

6. The appointment authority for Inspector ranks shall be implemented in accordance with Article 6 of this Decree.

Article 9. Conditions for participating in the examination to upgrade the rank of Inspector

1. Requirements for Inspectors participating in the examination to upgrade to the rank of Chief Inspector:

a) Being rated at least as having satisfactorily completed tasks in the year immediately preceding the year of the examination for upgrading; possessing good political qualities and morality; not being within the period of disciplinary action, nor during the time implementing regulations related to discipline as stipulated in the Law on Cadres and Public Officials;

b) Having the capacity and professional qualifications to assume positions corresponding to higher civil servant ranks than the current held rank;

c) Having worked in the Inspector rank and equivalent for at least nine years, except in cases where they are cadres, public officials, civil servants, officers of the People's Army, officers of the People's Police, personnel engaged in confidential work working in other agencies, organizations, units and holding equivalent ranks to the Chief Inspector rank transferring to the inspection agency. In cases with equivalent time to the Inspector rank, the minimum time in the Inspector rank is one year (twelve months);

d) During the time holding the Inspector rank and equivalent, having participated in drafting, reviewing at least one legal normative document or research topic, project, program from the grassroots level upwards that the agency using, managing the Inspector has been assigned to lead and draft, which have been issued or accepted by competent authorities;

đ) Holding a bachelor's degree or higher; having a certificate for training Inspector Chief business skills; having a certificate for training state administration knowledge according to the standard of the Chief Specialist rank or having a master's degree in political theory - administration;

e) Possessing basic information technology skills, using foreign languages at a level equivalent to Level 3 of the Vietnamese Foreign Language Competency Framework or being able to use ethnic minority languages for public officials working in ethnic minority areas as required by the job position.

2. Requirements for Chief Inspectors participating in the examination to upgrade to the rank of Senior Inspector:

a) Meeting the conditions and standards set out in point a and point b of Clause 1 of this Article;

b) Having worked in the Chief Inspector rank and equivalent for at least six years, except in cases where they are cadres, public officials, civil servants, officers of the People's Army, officers of the People's Police, personnel engaged in confidential work working in other agencies, organizations, units and holding equivalent ranks to the Senior Inspector rank transferring to the inspection agency;

c) During the time holding the Chief Inspector rank and equivalent, having led the drafting, reviewing at least two national-level, ministry-level, sector-level, or provincial-level legal normative documents or research topics, projects, programs from the grassroots level upwards that the agency using the Chief Inspector has been assigned to lead and draft, which have been issued or accepted by competent authorities;

d) Holding a bachelor's degree or higher; having a master's degree in political theory or a master's degree in political theory - administration; having a certificate for training Senior Inspector business skills; having a certificate for training state administration knowledge according to the standard of the Senior Specialist rank;

đ) Possessing basic information technology skills, using foreign languages at a level equivalent to Level 4 of the Vietnamese Foreign Language Competency Framework or being able to use ethnic minority languages for public officials working in ethnic minority areas as required by the job position.

Article 10. Appointment to the Inspector Rank upon Passing the Promotion Examination

1. Civil servants who are Inspectors or Senior Inspectors meeting the conditions and criteria shall be nominated by the Minister, the Head of a ministry equivalent to a minister, or the Chairman of the People's Committee at the provincial level to take part in the promotion examination; if they pass the promotion examination, they will be considered for appointment to the corresponding rank.

2. The authority to appoint to the Senior Inspector rank and the Senior Inspector (High Level) rank for Inspectors and Senior Inspectors who have passed the promotion examination shall be carried out in accordance with the provisions of Article 6 of this Decree.

Article 11. Appointment of Officers in the Vietnam People's Army and the Vietnam People's Public Security Force and Personnel Engaged in Confidential Work to Inspector Ranks

1. Officers of the Vietnam People's Army and the Vietnam People's Public Security Force working in Defense Inspection Agencies, Public Security Inspection Agencies, and personnel engaged in confidential work meeting the conditions and criteria for inspector ranks as stipulated in Articles 39, 40, and 41 of the Inspection Law shall be considered and appointed to the corresponding inspector ranks based on their conditions, criteria, and job requirements.

2. The Appointing Council for officers of the Vietnam People's Army, officers of the Vietnam People's Public Security Force, and personnel engaged in confidential work to inspector ranks shall be established by the Minister of National Defense and the Minister of Public Security.

The Appointing Council consists of five members and operates under the principle of collective decision-making by majority vote. The composition includes:

a) The Chairperson of the Council is a representative from the leadership of the ministry;

b) The Vice-Chairperson of the Council is the Head of the agency responsible for cadre affairs within the ministry;

c) The permanent member of the Council is the Chief Inspector of the ministry. The permanent member is responsible for preparing the necessary procedures, files, and documents to report to the Council for the transfer to inspector ranks;

d) Other members are determined by the Minister, who may designate representatives from relevant agencies or units as required.

3. The file for considering the appointment of officers of the Vietnam People's Army, officers of the Vietnam People's Public Security Force, and personnel engaged in confidential work shall be implemented in accordance with the provisions of Clause 4 and Clause 5 of Article 8 of this Decree.

4. The Minister of National Defense and the Minister of Public Security shall appoint officers of the Vietnam People's Army, officers of the Vietnam People's Public Security Force, and personnel engaged in confidential work to inspector ranks.

Article 12. Removal of Inspectors

1. The removal of Inspectors shall be carried out in accordance with the provisions of Clause 1 of Article 42 of the Inspection Law.

2. The authority that appoints an inspector rank has the authority to remove the inspector from that rank.

3. Procedure and formalities for removing Inspectors:

a) The Head of the agency or unit directly managing the Inspector shall propose in writing the removal of the Inspector;

b) The agency, unit, department, or person assigned to handle organizational cadre affairs, according to the cadre management hierarchy, shall draft the decision on removal and collect related documents, then submit them to the competent authority for issuance of the removal decision;

c) The agency, unit, department, or person assigned to handle organizational cadre affairs shall notify the removal decision, reclaim the Inspector card, and other equipment used for inspection work.

Section 3. UNIFORMS, INSPECTOR CARDS, AND POLICIES FOR INSPECTORS

Article 13. Uniforms for Inspectors

1. Inspectors shall be provided with inspection uniforms, including: autumn-winter clothing, overcoats, long-sleeved shirts, spring-summer clothing, hats, leather belts, leather shoes, backstrap sandals, socks, neckties, document cases, kepi caps, name badges, shoulder straps, rank insignia.

2. The uniforms for Inspectors who are officers of the People's Army, officers of the People's Public Security Force, and personnel engaged in confidential work shall be implemented according to the regulations of the Ministry of National Defense and the Ministry of Public Security.

3. Inspectors have the responsibility to manage and use inspection uniforms in accordance with the provisions of the law.

4. The Minister of Finance shall coordinate with the Inspector General of the Government to specify the detailed regulations on the provision of inspection uniforms for Inspectors under various inspection agencies.

5. The Inspector General of the Government shall stipulate the design of inspection uniforms, management, and usage of inspection uniforms for Inspectors under various inspection agencies.

Article 14. Inspection Cards

1. Inspectors shall be provided with inspection cards for use when performing inspection tasks. Inspection cards shall be issued after the decision to appoint to the inspector position. Inspection cards must be reclaimed when the Inspector position is vacated.

The Inspector General of the Government shall stipulate the design of inspection cards, issuance procedures, and management and usage regulations for inspection cards. The Minister, Head of a ministerial-level agency, and Chairman of the Provincial People's Committee shall manage and issue inspection cards for inspectors under their jurisdiction.

2. Inspectors have the responsibility to manage and use inspection cards when performing tasks. It is strictly prohibited to use inspection cards for personal purposes. In case an Inspector uses an inspection card to commit acts contrary to the law, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation.

Article 15. Budget for Making and Providing Inspection Uniforms and Cards

1. The budget for making and providing inspection uniforms and cards for Inspectors at which level of inspection agency shall be guaranteed by the state budget at that level. For agencies under the Government, it shall be implemented according to the financial mechanism of the agency as prescribed by law.

2. Inspection agencies shall base on the number of individuals entitled to inspection cards and uniforms, types and quantities of inspection uniforms within the service life as prescribed to prepare the budget estimate and submit it to the finance agency at the same level for consolidation and submission to the competent authority for approval and allocation of the budget for making and providing inspection uniforms and cards. The budget for making and providing inspection uniforms and cards shall be allocated outside the administrative expense quota based on staffing levels.

Article 16. Benefits and Policies for Inspectors

1. Responsibility Allowance for Inspectors:

a) The Inspector General of the Government, Deputy Inspector General of the Government, Senior Inspectors shall enjoy a responsibility allowance for inspection equal to 15% of the current basic salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable);

b) Principal Inspectors shall enjoy a responsibility allowance for inspection equal to 20% of the current basic salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable);

c) Inspectors shall enjoy a responsibility allowance for inspection equal to 25% of the current basic salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable).

2. In addition to the provisions of Clause 1 of this Article, Inspectors who are civil servants shall enjoy benefits like other cadres and civil servants as prescribed by the Law on Cadres and Civil Servants; they shall also enjoy salaries, seniority allowances, and special policies as prescribed by law.

3. Inspectors who are officers in the People's Army, People's Public Security Force, and personnel engaged in confidential work shall enjoy benefits as prescribed for armed forces personnel and responsibility allowance for inspection as prescribed in Clause 1 of this Article.

Article 17. Training and professional development for inspection activities

The Government Inspectorate shall stipulate the content, program, method, and organization of training and professional development for inspector ranks; take the lead and coordinate with ministries, ministerial-level agencies, and provincial People's Committees to organize training and professional development for inspection activities.

Chapter III

REINSPECTION

Article 18. Authority for Reinspection

1. The Chief Inspector General of the Government Inspectorate decides to reinspect cases that have been concluded by the Ministry Inspectorate, the inspectorate of government agencies, and the provincial inspectorate when signs of violation of laws are discovered.

2. The Head of the Ministry Inspectorate decides to reinspect cases that have been concluded by the Inspectorate of the General Department, the Inspectorate of the Bureau, and equivalent agencies, and other agencies under the ministry assigned to perform specialized inspection functions; cases that have been concluded by the Inspectorate of the department within the scope of management of the ministry when signs of violation of laws are discovered.

3. The Head of the Provincial Inspectorate decides to reinspect administrative inspection cases that have been concluded by the Inspectorate of the department, the Inspectorate of the district, county, town, and city under the province, central city (hereinafter referred to collectively as the County Inspectorate) when signs of violation of laws are discovered.

Article 19. Basis for Reinspection

The basis for reinspection is specified according to Clause 1 of Article 56 of the Inspection Law, specifically as follows:

1. There are serious violations regarding procedures and formalities during the inspection process leading to inaccuracies in the content of the inspection conclusion, including: not drafting and sending the outline requesting the inspected entity to report; not collecting information and documents related to the inspection content; not verifying information and documents; not having an inspection result report from the Inspection Team.

2. There are errors in applying laws when concluding inspections, including: applying laws incorrectly or applying expired legal documents leading to inaccuracies in the content of the inspection conclusion.

3. The content in the inspection conclusion does not match the evidence collected during the inspection process, leading to incorrect assessments, overestimation, understatement, or overlooking of the inspected entity's violation of laws, or inappropriate recommendations for handling the violation based on its nature and severity.

4. The person conducting the inspection intentionally distorts the case file by adding, deleting, modifying, substituting, destroying, or damaging information, documents, and evidence of the inspection or using other means to distort the content of the case file.

5. A higher-level inspection agency or another competent authority discovers signs of violation of laws by the inspected entity but these were not fully identified through the previous inspection as recorded in the inspection decision and plan of the previous Inspection Team.

Article 20. Time Limit for Reinspection

1. An inspection conducted by the Government Inspectorate shall not exceed 45 days.

2. An inspection conducted by the Ministry Inspectorate or the Provincial Inspectorate shall not exceed 30 days.

Article 21. Procedure and Formalities for Reinspection

1. The procedure and formalities for conducting a reinspection are stipulated as follows:

a) Issuing the inspection decision;

b) Announcing the inspection decision;

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

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

đ) Verifying and checking information and documents;

e) Reporting the inspection results;

g) Drafting the inspection conclusion;

h) Issuing the inspection conclusion;

i) Publicizing the inspection conclusion.

2. The implementation of the procedure and formalities for conducting a reinspection stipulated in Clause 1 of this Article shall be carried out according to the provisions of Sections 2, 3, and 4 of Chapter IV of the Inspection Law.

Article 22. Decision to conduct a re-inspection

1. The decision to conduct a re-inspection shall include the following contents:

a) Basis for issuing the decision to conduct a re-inspection;

b) Scope, content, and objects of the re-inspection;

c) Time limit for the re-inspection;

d) Establishment of the re-inspection team, including the Head of the re-inspection team, Deputy Head of the re-inspection team (if any), and other members of the re-inspection team.

2. Within the latest five days from the date of signing the decision to conduct a re-inspection, the person authorized to issue the decision to conduct a re-inspection must send the decision to the person who signed the inspection conclusion and the object of the re-inspection.

The decision to conduct a re-inspection must be published within the latest fifteen days from the date of signing.

Article 23. Tasks and authorities of the person issuing the inspection decision, the Head of the inspection team, and members of the re-inspection team

When conducting a re-inspection, the person issuing the inspection decision, the Head of the inspection team, the Deputy Head of the inspection team, and members of the re-inspection team shall perform tasks and authorities as prescribed in Articles 80, 81, and 82 of the Inspection Law and according to the provisions of this Decree.

Article 24. Contents of the re-inspection conclusion

1. The re-inspection conclusion shall include the following main contents:

a) Conclusion on the content that has been re-inspected;

b) Evaluation of the performance of tasks and authorities, compliance with legal regulations on inspections by the inspection agency and the previous inspector;

c) Determination of the nature, degree, and consequences of the violation; causes and responsibilities of agencies, organizations, and individuals committing the violation (if any);

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

đ) Limitations and inadequacies of management mechanisms, policies, and relevant laws and recommendations for improvement (if any).

2. The re-inspection conclusion shall take effect and replace the previous inspection conclusion for the content that has been re-inspected; agencies, organizations, and individuals related shall be responsible for implementing the re-inspection conclusion.

Chapter IV

INSPECTION TEAM

Article 25. Composition of the Inspection Team

1. The inspection team shall have a Head of the inspection team, a Deputy Head of the inspection team (if necessary), and members of the inspection team.

2. The Deputy Head of the inspection team shall be responsible for assisting the Head of the inspection team in performing assigned tasks, managing certain activities of the inspection team when delegated by the Head of the inspection team. Members of the inspection team shall perform their tasks according to the assignment of the Head of the inspection team.

Article 26. Responsibilities of the person issuing the inspection decision, the Heads of agencies and units entrusted to lead the inspection, and the Head of the inspection team

1. The person issuing the inspection decision shall be responsible for organizing and directing the inspection team, supervising the activities of the inspection team to ensure that the inspection is conducted in accordance with the law, purpose, requirements, progress, and time limit of the inspection; promptly addressing any reports, suggestions, complaints, and reflections related to the activities of the inspection team.

2. The Heads of agencies and units entrusted to lead the inspection shall be responsible for proposing participants in the inspection team; supervising members of the inspection team belonging to their own agency or unit; performing other tasks when assigned by the person issuing the inspection decision.

3. The Head of the inspection team shall be responsible for organizing and directing members of the inspection team to implement the inspection content and schedule as stipulated in the inspection decision and inspection plan; implementing information and reporting systems as required by the person issuing the inspection decision; keeping the inspection team's logbook; being accountable to the person issuing the inspection decision for the activities of the inspection team.

Article 27. Proposing Participants for the Inspection Team

1. The head of the agency or unit entrusted with the main responsibility for conducting the inspection shall be responsible for proposing individuals with appropriate professional qualifications to serve as the Head and Deputy Head of the Inspection Team and the number of participants in the Inspection Team for the person issuing the inspection decision to consider and decide.

2. The head of the agency or unit entrusted with the main responsibility for conducting the inspection shall discuss and agree with the individual proposed to serve as the Head of the Inspection Team on the individuals proposed to be members of the Inspection Team. The proposal for the Head and members of the Inspection Team must be notified to the direct management and usage units of the proposed individuals, the units responsible for organizational and personnel work, and the individuals proposed to be members of the Inspection Team.

Article 28. Standards for the Head of the Inspection Team

1. General Standards:

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

b) Have professional qualifications suitable for the requirements and tasks of the inspection;

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

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

2. Specific Standards:

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

b) For an Inspection Team established by the Chief Inspector of a Ministry, the Chief Inspector of a government-affiliated agency, or the Chief Inspector of a province, the Head of the Inspection Team must be at least a Senior Inspector;

c) For an Inspection Team established by the Chief Inspector of a General Department or Bureau under a Ministry, the Head of the Inspection Team must be at least an Inspector;

d) For an Inspection Team established by the Chief Inspector of a provincial department or county, the Head of the Inspection Team must be at least an Inspector.

Article 29. Situations Where Participation in the Inspection Team Is Not Allowed

1. Individuals falling into any of the following situations shall not be allowed to participate in the Inspection Team:

a) Individuals who have invested capital in or hold shares in a business that is the subject of the inspection, except where otherwise provided by law;

b) Individuals whose spouse, father, mother, child, full brother, full sister is the head, deputy head, or person in charge of organizational and personnel affairs, accounting, or cashiering in the agency, organization, or unit that is the subject of the inspection;

c) Individuals currently under disciplinary review or criminal prosecution;

d) Individuals who have been disciplined or criminally punished and have not yet completed the period for removing disciplinary records or criminal records.

2. Individuals falling into any of the following situations shall not be allowed to serve as the Head or Deputy Head of the Inspection Team:

a) Falling into any of the situations specified in points a, c, and d of Clause 1 of this Article;

b) Individuals whose spouse, father, mother, father-in-law, mother-in-law, son, daughter, full brother, full sister, or full brother or sister of the spouse works at the agency, organization, or unit that is the subject of the inspection.

3. The head of the agency or unit entrusted with the main responsibility for conducting the inspection shall be responsible for checking and reviewing to identify situations where participation in the Inspection Team is not allowed before submitting the inspection decision to the person issuing the inspection decision.

If the individual proposed to serve as the Head of the Inspection Team or member of the Inspection Team falls into any of the situations specified in Clause 1 and Clause 2 of this Article, they must report to the head of the agency or unit entrusted with the main responsibility for conducting the inspection before the inspection decision is issued.

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

During the inspection process, if an individual realizes that they fall into any of the situations specified in Clause 1 and Clause 2 of this Article, the Head of the Inspection Team, Deputy Head of the Inspection Team, or member of the Inspection Team must report to the person issuing the inspection decision for examination and decision.

Article 30. Changing Members of the Inspection Team, Chief Inspector, Deputy Chief Inspector

1. The decision-making authority for inspection shall consider and change members of the Inspection Team in any of the following cases:

a) Committing any of the prohibited acts as stipulated in Article 8 of the Law on Inspection;

b) Belonging to any of the circumstances prescribed in Clause 1, Article 29 of this Decree discovered during the inspection process;

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

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

2. The decision-making authority for inspection shall consider and change the Chief Inspector, Deputy Chief Inspector in any of the following cases:

a) Belonging to any of the circumstances prescribed in point a and point d of Clause 1 of this Article and Clause 2, Article 29 of this Decree;

b) Not complying with the information reporting system, directives, and management of the decision-making authority for inspection;

c) Having grounds to believe that they lack the capacity to complete inspection tasks;

d) Being assigned another task at the request of the competent authority.

Article 31. Procedures and Formalities for Changing the Chief Inspector, Deputy Chief Inspector, Members of the Inspection Team, and Supplementing Members of the Inspection Team

1. Changing the Chief Inspector, Deputy Chief Inspector

The decision-making authority for inspection bases its decision on the proposal document and other relevant information regarding the activities of the Inspection Team, considers, and issues a decision to change the Chief Inspector, Deputy Chief Inspector.

2. Changing Members of the Inspection Team

The decision-making authority for inspection bases its decision on the proposal document from the Chief Inspector, the results of monitoring the activities of the Inspection Team, and other relevant information regarding the activities of the Inspection Team, issues a decision to change members of the Inspection Team. In case of disagreement, the decision-making authority for inspection replies to the proposer and specifies the reasons.

3. Supplementing Members of the Inspection Team

When considering it necessary, based on the requirements for completing inspection tasks, the Chief Inspector discusses and agrees with the Head of the directly managing and using unit of the person proposed to be supplemented into the Inspection Team, prepares a proposal document and draft decision to supplement members of the Inspection Team, submits it to the decision-making authority for inspection. The proposal document must clearly state the reasons, name, and position of the person to be supplemented. If the decision-making authority for inspection disagrees with the proposal to supplement members of the Inspection Team, it replies to the proposer and specifies the reasons.

4. The decision to change the Chief Inspector, Deputy Chief Inspector, members of the Inspection Team, and to supplement members of the Inspection Team must be sent to the inspected entity.

Article 32. Inspection Team's Daily Logbook

1. The Chief Inspector is responsible for accurately, objectively, and truthfully recording in the Inspection Team's Daily Logbook all contents related to the activities of the Inspection Team from the announcement of the inspection decision until the issuance of the inspection conclusion. The Inspection Team's Daily Logbook is stored in the Inspection File.

The Chief Inspector is responsible for managing the Inspection Team's Daily Logbook together with other documents during the inspection process.

2. The printing and distribution of the Inspection Team's Daily Logbook are carried out as follows:

a) The Government Inspectorate organizes the printing and distribution of the Inspection Team's Daily Logbook for the Government Inspectorate;

b) The Ministry Inspectorate organizes the printing and distribution of the Inspection Team's Daily Logbook for the Ministry Inspectorate, General Department Inspectorate, Bureau Inspectorate, and equivalent units, and specialized inspection agencies under the management of the ministry or sector;

c) The Inspectorate of government agencies organizes the printing and distribution of the Inspection Team's Daily Logbook for the Inspectorate of government agencies;

d) The Provincial Inspectorate organizes the printing and distribution of the Inspection Team's Daily Logbook for the Provincial Inspectorate, Department Inspectorate, and County Inspectorate under the management of the locality.

3. The Chief Inspector General prescribes the format of the Inspection Team's Daily Logbook.

Article 33. Standards, treatment, and policies for persons summoned to join the Inspection Team

1. Persons summoned to join the Inspection Team are Inspectors from lower-level inspection agencies or civil servants and staff members of state agencies and public service units, and do not fall under any of the cases stipulated in Clause 1, Article 29 of this Decree.

2. Persons summoned to join the Inspection Team must have good moral qualities, a sense of responsibility, honesty, fairness, objectivity, and specialized knowledge and skills appropriate to the requirements and tasks of the inspection agency summoning them.

3. During the time participating in the Inspection Team, persons summoned shall enjoy the treatment and policies for civil servants and staff members as prescribed by law, and shall be paid travel expenses, provided with working conditions and means, and other benefits equivalent to those of Inspection Team members.

4. Summoning persons to participate in the Inspection Team shall be carried out in writing. The content of the summons shall clearly specify the basis, duration of the summons, tasks, and treatment and policies for the person summoned.

5. Upon completion of the summons period, the summoning agency shall issue a written evaluation of the performance of the person summoned and send it to the head of the direct management agency overseeing the person summoned.

Chapter V

APPRAISAL, FREEZING OF ACCOUNTS, RECOVERY OF ILLEGALLY OBTAINED OR IMPROPERLY USED ASSETS, OR ASSETS THAT HAVE BEEN LOST IN INSPECTION ACTIVITIES

Section 1. APPRAISAL IN INSPECTION ACTIVITIES

Article 34. Request for Appraisal

1. When it is deemed necessary to evaluate matters related to expertise and technology as a basis for conclusions, the decision-making inspector requests an agency or organization with equivalent expertise to appraise such matters.

2. The agency performing inspection functions issues a written request to the agency or organization with expertise to conduct the appraisal, specifying the content to be appraised and the deadline for completing the appraisal.

Article 35. Agencies and Organizations Conducting Appraisals

Ministries, ministerial-level agencies, government-affiliated agencies, specialized agencies under provincial People's Committees or equivalent bodies, public service units, or non-public appraisal organizations shall carry out appraisals according to the requests of agencies performing inspection functions.

Article 36. Rights and Obligations of Agencies and Organizations Authorized to Conduct Appraisals

1. Agencies and organizations authorized to conduct appraisals have the following rights:

a) To establish an Appraisal Board comprising individuals with appropriate expertise for the required appraisal content;

b) To select necessary and suitable methods to conduct the appraisal according to the required content;

c) To use the results of the appraisal to draw conclusions;

d) To refuse to conduct the appraisal if the requested content does not align with their scope of expertise, they lack the necessary capacity and conditions to perform the appraisal, the time available is insufficient, or the independence and objectivity of the appraisal cannot be guaranteed. In case of refusal, they must notify the requesting inspection agency in writing within five working days from receipt of the appraisal request, stating the reasons;

e) To receive remuneration for the appraisal.

2. Agencies and organizations conducting appraisals have the following obligations:

a) To conduct the appraisal strictly in accordance with the content and timeframe specified in the appraisal request;

b) To bear legal responsibility for the accuracy, objectivity, and timeliness of the appraisal results;

c) Not to disclose the appraisal results to third parties.

Article 37. Time for conducting appraisal

1. The time for conducting the appraisal shall be decided by the person issuing the inspection decision.

2. In cases where issues arise or there is a basis to believe that the appraisal cannot be completed within the stipulated timeframe, the agency or organization conducting the appraisal must promptly notify in writing the inspection authority responsible for performing inspection functions, stating the reasons and the anticipated completion date for issuing the appraisal conclusion.

Article 38. Appraisal Conclusion

1. The appraisal conclusion includes the following contents:

a) The agency or organization conducting the appraisal;

b) Name of the agency requesting the appraisal;

c) Information identifying the subject of the appraisal;

d) Date of receipt of the request for appraisal;

đ) Content of the request for appraisal;

e) Method of conducting the appraisal;

g) Clear and specific conclusion regarding the specialized content of the subject of the appraisal as requested;

h) Time and place of conducting and completing the appraisal.

2. The appraisal conclusion is one of the bases for the inspection authority to conclude on the content of the inspection.

Article 39. Conditions Ensuring the Conduct of Appraisal in Inspection Activities

1. Each year, agencies performing inspection functions prepare a budget estimate for requesting appraisals.

2. The Ministry of Finance provides guidance on the basis for determining remuneration for appraisals and payment of such remuneration.

3. The cost of requesting an appraisal is paid by the inspection agency and sourced from the state budget. In cases where the inspected entity has committed violations, the appraisal costs are borne by the inspected entity, except as otherwise provided by law.

Section 2. FREEZING THE ACCOUNTS OF INSPECTED ENTITIES

Article 40. Grounds for Requesting Account Freezing

1. The inspected entity exhibits signs of disposing of assets, including:

a) Implementing or preparing to implement transactions transferring funds to other accounts with unclear information about the purpose, content, and recipient;

b) Showing signs of transferring ownership, usage rights, giving away, mortgaging, pledging, destroying, or altering the condition of assets;

c) Engaging in actions that distort accounting records, leading to changes in asset status.

2. The inspected entity fails to comply with the deadline for submitting money or assets as determined by the inspection agency or competent state management body.

Article 41. Right to Request and Responsibility for Implementing Account Freezing

1. The person issuing the inspection decision or the Head of the Inspection Team decides to freeze the account of the inspected entity when there are grounds to request account freezing as stipulated in Article 40 of this Decree to serve the inspection activities. The account freezing decision is sent to the credit institution, foreign bank branch in Vietnam (hereinafter referred to collectively as credit institutions) where the inspected entity has an account.

2. Credit institutions, inspected entities, and related agencies, organizations, and individuals must fully and promptly implement the account freezing requirements of the inspection agency.

Article 42. Responsibilities of Parties Providing Information for Account Freezing

1. Agencies, organizations, and individuals have the responsibility to provide account information of the inspected entity at credit institutions in accordance with the law on inspections.

2. Credit institutions have the responsibility to provide information related to customer deposits and entrusted assets in accordance with the law.

Article 43. Procedures for Requesting Financial Institutions to Freeze Accounts

1. The authorized person requesting the account freeze shall send the account freezing decision to the financial institution where the inspected entity has an account.

2. The account freezing decision must clearly state the frozen account number, purpose of freezing, name of the frozen account, scope of freezing, amount frozen, start date of freezing, duration of freezing, responsibilities of the financial institution, and other information (if any).

Article 44. Responsibilities of Financial Institutions Where Inspected Entities Have Accounts

1. Upon receiving the account freezing decision from the authorized person, the financial institution where the inspected entity has an account shall be responsible for implementing the account freeze according to the account freezing decision.

2. The financial institution shall notify the account holder whose account has been frozen about the account freezing.

Article 45. Revocation of Account Freezing Decision

1. Within three working days from the time when the inspected entity fully implements the decision to recover money or assets, or the grounds for issuing the account freezing decision no longer exist, the authorized person who issued the account freezing decision shall be responsible for revoking the account freezing decision. The decision to revoke the account freeze must be sent to the financial institution where the inspected entity's frozen account is located and to the inspected entity.

2. The financial institution where the inspected entity has an account must immediately revoke the account freeze upon receipt of the account freezing revocation decision from the authorized person, and simultaneously inform the account holder about the revocation of the account freezing decision.

Section 3. RECOVERY OF PROPERTY ILLEGALLY OBTAINED, HELD, USED IN VIOLATION OF THE LAW, OR LOST DUE TO ILLEGAL ACTS

Article 46. Recovery of Property Illegally Obtained, Held, Used in Violation of the Law, or Lost Due to Illegal Acts

1. During the inspection process, the person issuing the inspection decision decides or requests, recommends the competent authority to immediately recover property illegally obtained, held, used in violation of the law, or lost due to illegal acts of the inspected entity when there is clear evidence or the inspected entity acknowledges the illegal act or voluntarily returns the illegally obtained, held, or used property.

2. Handling of property illegally obtained, held, used in violation of the law, or lost due to illegal acts is handled as follows:

a) For monetary property, it is transferred into the temporary holding account of the inspection agency;

b) For real estate, it is requested or recommended that the competent authority recover it according to relevant laws;

c) For movable property and valuable documents, based on actual circumstances, the person issuing the inspection decision assigns an organization or institution with appropriate facilities and expertise to manage them;

d) For goods requiring special storage conditions, they are assigned to organizations, institutions, or individuals with appropriate facilities and capacity to store such goods to manage them.

3. The recovery decision is sent to the agencies, organizations, or individuals responsible for managing the money or assets according to the law.

4. Management costs for property specified in points b, c, and d of Clause 2 of this Article are paid by the inspection agency from the state budget.

5. The inspected entity with recovered property is guaranteed their lawful rights and interests regarding the property being processed and has the right to appeal the recovery decision according to the law.

Article 47. Responsibilities of agencies, organizations, and individuals managing money and assets that have been embezzled, misappropriated, or illegally used or lost due to unlawful acts

Agencies, organizations, and individuals managing money and assets that have been embezzled, misappropriated, or illegally used shall be responsible for implementing the decision of the authority issuing the inspection conclusion regarding the recovery of money and assets that have been embezzled, misappropriated, or illegally used or lost due to unlawful acts.

Chapter VI

ANNOUNCEMENT OF INSPECTION CONCLUSIONS, FOLLOW-UP, URGENCY, AND MONITORING OF THE IMPLEMENTATION OF INSPECTION CONCLUSIONS AND DECISIONS ON INSPECTION DISPOSITIONS

Section 1. ANNOUNCEMENT OF INSPECTION CONCLUSIONS

Article 48. Contents of Inspection Conclusions That Must Be Announced

The full text of the inspection conclusion must be announced, except for contents within the inspection conclusion that are classified as state secrets, banking secrets, or business secrets according to the law and cannot be announced.

Article 49. Forms of Announcing Inspection Conclusions

1. Posting the inspection conclusion on the electronic portal of the inspection agency, specialized inspection function agency, or the same-level state management agency must be done continuously for at least 15 days.

2. In addition to announcing the inspection conclusion as stipulated in Clause 1 of this Article, the person issuing the inspection conclusion selects at least one of the following forms:

a) Announcing at a meeting with participants including the decision-making inspector or their authorized representative, the inspection team representative, the inspected entity, and related agencies, organizations, or individuals;

b) Announcing through mass media (including print, radio, television, and online news). The announcement on print, radio, and television must be done at least twice consecutively; the announcement on online news must be done continuously for at least 15 days;

c) Posting the inspection conclusion at the workplace of the inspected agency or organization by the inspected entity. The posting period must be at least 15 consecutive days.

Section 2. FOLLOW-UP AND URGENCY IN MONITORING THE IMPLEMENTATION OF INSPECTION CONCLUSIONS AND DECISIONS ON INSPECTION DISPOSITIONS

Article 50. Purpose of Follow-Up and Urgency

Follow-up and urgency aim to help the issuer of the inspection conclusion understand the progress and results of implementing the inspection conclusion and disposition decisions, difficulties, and obstacles to address or recommend solutions to the competent authority.

Article 51. Authority for Follow-Up and Urgency

Heads of inspection agencies specified in Clause 2 of Article 105 of the Inspection Law who issue inspection conclusions are responsible for organizing follow-up and urgency in implementing their own inspection conclusions and disposition decisions and those of the head of the same-level management agency.

Article 52. Subjects of Follow-Up and Urgency

The subjects of follow-up and urgency in implementing inspection conclusions are the inspected entities, direct management agencies of the inspected entities, and agencies, organizations, and individuals responsible for or related to the implementation of inspection conclusions.

Article 53. Forms of Follow-Up and Urgency

1. Monitoring activities are carried out through summarizing implementation results, requesting relevant agencies, organizations, and individuals involved in implementing inspection conclusions and disposition decisions to report on the implementation situation, recommendations, and disposition decisions, and providing verification documents.

2. Urgency activities are carried out by sending documents to relevant agencies, organizations, and individuals involved in implementing inspection conclusions and disposition decisions.

Article 54. Content of monitoring and urging

1. Content of monitoring the implementation of inspection conclusions and decisions on handling

a) The guidance and organization of the implementation of inspection conclusions and decisions on handling by the head of the agency, organization, or unit;

b) Progress and results of implementing the contents in the inspection conclusions and decisions on handling that must be carried out by the subject;

c) Difficulties and obstacles in the implementation of inspection conclusions, recommendations, and decisions on handling.

2. Content of urging the implementation of inspection conclusions and decisions on handling

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

b) Requesting the subject to report and explain regarding the failure to complete the implementation of inspection conclusions and decisions on handling;

c) Requesting the subject to implement specific measures to complete the implementation of inspection conclusions and decisions on handling and report the results of those measures.

Section 3. INSPECTION OF THE IMPLEMENTATION OF INSPECTION CONCLUSIONS AND DECISIONS ON HANDLING

Article 55. Basis for inspection and decision to inspect

1. The person issuing the inspection decision decides to inspect when there is one of the following bases:

a) Agencies, organizations, or individuals related to the implementation of inspection conclusions and decisions on handling do not report or report incompletely as required by the monitor and urge;

b) Agencies, organizations, or individuals who have been urged but do not implement or implement incompletely the inspection conclusions and decisions on handling;

c) The subject has acts of obstructing, disposing of assets, destroying documents, and failing to cooperate in the implementation of inspection conclusions and decisions on handling.

2. The inspection decision includes the following contents:

a) Basis for issuing the inspection decision;

b) Scope, object, and content of inspection;

c) Inspection period;

d) Person assigned the task of inspection.

3. At the latest three days from the date of signing, the inspection decision must be sent to the inspected entity. At the latest ten days from the date of signing the inspection decision, the person responsible for inspection must conduct the inspection.

Article 56. Inspection Period

The maximum inspection period is ten working days from the date the inspected entity receives the inspection decision.

Article 57. Content of Inspection

1. Results of the implementation of inspection conclusions and decisions on handling.

2. Difficulties, obstacles, and subjective and objective reasons for non-implementation or incomplete implementation of inspection conclusions and decisions on handling.

3. Violations of laws by relevant parties in the implementation of inspection conclusions and decisions on handling.

Article 58. Report on Inspection Results

1. At the latest fifteen working days from the end of the inspection, the person assigned the task of inspection is responsible for reporting the inspection results to the Head of the Inspection Agency.

2. The report on inspection results includes the following contents:

a) Evaluation of the situation and results of implementing inspection conclusions and decisions on handling;

b) Determination of responsibility of collectives and individuals for non-implementation or incomplete implementation of inspection conclusions and decisions on handling;

c) Recommendations for handling persons with violations and other related contents in the implementation of inspection conclusions and decisions on handling;

d) Recommendations for measures and solutions to implement inspection conclusions and decisions on handling; recommendations for re-inspection if there is a basis as provided for in Article 19 of this Decree; recommendations for reconsideration of inspection conclusions, recommendations, and decisions on handling.

Article 59. Handling the Results of Inspection

1. Based on the report of the inspection results, the person issuing the inspection decision shall handle the inspection results as follows:

a) Request the head of the direct management agency of the organization or individual related to the implementation of the inspection conclusion and the decision on handling to impose disciplinary measures on persons who have committed violations.

b) Apply within their authority or recommend the competent state agency to handle economic violations.

c) Apply within their authority or recommend the authorized person to apply administrative violation handling measures.

d) Recommend the competent state agency to consider the responsibility of the head of the direct management agency of the inspected entity when they fail to apply measures within their authority to compel the entity to strictly implement the inspection conclusion and the decision on handling the inspection.

đ) Recommend the authorized body to reconsider the conclusions, recommendations, and decisions on handling inspections; transfer information about criminal offenses or recommend the initiation of criminal cases to the investigation agency if during the inspection process, signs of criminal offenses by responsible individuals or those related to the implementation of inspection conclusions, recommendations, and decisions are discovered.

2. In cases where the inspection conclusion and the decision on handling the inspection cannot be implemented, a report requesting the opinion of the head of the state management agency for consideration and decision shall be submitted.

Chapter VII

SETTLEMENT OF COMPLAINTS AND REFLECTIONS ON INSPECTION ACTIVITIES; SETTLEMENT OF COMPLAINTS REGARDING CONTENT IN THE INSPECTION CONCLUSION

Section 1. SETTLEMENT OF COMPLAINTS AND REFLECTIONS ON INSPECTION ACTIVITIES

Article 60. Authority to Resolve Complaints and Reflections in Inspection Activities

1. The Head of the Inspection Team is responsible for receiving and resolving complaints and reflections regarding the time, content, and methods of work of the Inspection Team, the Head of the Inspection Team, and members of the Inspection Team.

2. The person issuing the inspection decision is responsible for receiving and resolving complaints and reflections regarding violations of laws in the performance of duties, powers, and prohibited acts by the Head of the Inspection Team and other members of the Inspection Team.

Article 61. Procedure and Formalities for Resolving Complaints and Reflections in Inspection Activities

1. For complaints and reflections regarding the time, content, and methods of work of the Inspection Team, the Head of the Inspection Team, and members of the Inspection Team, the Head of the Inspection Team is responsible for examining, resolving, and replying to the agency, organization, or individual making the complaint or reflection.

2. For complaints and reflections regarding violations of laws in the performance of duties, powers, and prohibited acts by the Head of the Inspection Team and other members of the Inspection Team, the agency, organization, or individual making the complaint or reflection shall submit it to the person issuing the inspection decision or the person conducting supervision. The person issuing the inspection decision is responsible for examining, resolving, and replying to the agency, organization, or individual making the complaint or reflection. If necessary, the person issuing the inspection decision may assign the supervisor or unit, individual to verify the content of the complaint or reflection and notify the resolution result to the complainant or reflector.

3. The deadline for resolving complaints and reflections specified in Clause 1 of this Article is five working days. The deadline for resolving complaints and reflections specified in Clause 2 of this Article is fifteen days.

Section 2. SETTLEMENT OF PETITIONS REGARDING THE CONTENT IN THE INSPECTION CONCLUSION

Article 62. Competence to settle petitions regarding the content in the inspection conclusion

1. The head of the state management agency at the same level as the agency that issued the inspection conclusion, and the head of the inspection agency shall be responsible for receiving and settling petitions regarding the content in the inspection conclusion from the inspected entity and organizations, individuals related to the content in the inspection conclusion.

2. The head of the inspection agency shall be responsible for receiving and processing requests of the head of the state management agency stipulated in Clause 3, Article 6 of the Inspection Law during the process of handling the inspection conclusion.

3. The head of the higher-level inspection agency shall be responsible for receiving and processing petitions of the agency conducting the inspection during the process of handling the inspection conclusion.

Article 63. Procedures and formalities for settling petitions regarding the content in the inspection conclusion

1. The procedures and formalities for settling petitions regarding the content in the inspection conclusion prescribed in Clause 1, Article 62 of this Decree are as follows:

a) Within fifteen days from the date the inspection conclusion is published, the inspected entity, organizations, and individuals related to the content in the inspection conclusion have the right to send petitions regarding the content in the inspection conclusion to the person issuing the inspection decision, and the head of the state management agency at the same level as the agency that issued the inspection conclusion;

b) Within thirty days from the date of receipt of the petition, the head of the state management agency at the same level as the agency that issued the inspection conclusion, and the head of the inspection agency must examine, settle, and notify the result of the settlement to the organization or individual who made the petition.

2. In cases where the request or petition prescribed in Article 62 of this Decree meets the conditions stipulated in Article 56 of the Inspection Law and Article 19 of this Decree, they shall be handled as follows:

a) The head of the state management agency at the same level as the agency that issued the inspection conclusion requests or petitions the competent inspection agency to review and decide on the inspection or re-inspection;

b) The head of the agency that conducted the inspection petitions the competent higher-level inspection agency to review and decide on the re-inspection.

Chapter VIII

HANDLING VIOLATIONS IN THE IMPLEMENTATION OF THE INSPECTION CONCLUSION

Article 64. Handling violations by persons belonging to agencies, organizations, units that are the inspected entities; persons belonging to agencies, organizations, individuals related

1. Depending on the nature and degree of violation, the person committing the violation must be disciplined by one of the following forms: reprimand, warning, removal from office, dismissal for cadres; reprimand, warning, demotion in rank, reduction in grade, removal from office, forced resignation for civil servants; reprimand, warning, removal from office, forced resignation for public officials, or be prosecuted criminally, and if damage is caused, compensation according to the provisions of the law when committing the following acts:

a) Not monitoring, urging, inspecting the implementation of the inspection conclusion or not fully performing the responsibility to monitor, urge, and inspect the implementation of the inspection conclusion;

b) Not proposing measures to handle responsibility towards agencies, organizations, individuals violating the implementation of the inspection conclusion;

c) Not implementing, not fully implementing, or not timely fulfilling their obligations and responsibilities recorded in the inspection conclusion, decision on inspection handling.

2. If the person committing the violation stipulated in any of the points a, b, or c of Clause 1 of this Article is not a cadre, civil servant, or public official, depending on the nature and degree of the violation, they may be subject to administrative penalties or criminal prosecution according to the provisions of the law.

Article 65. Handling Violations by Heads of Agencies and Organizations Directly Managing the Inspected Object

When heads of agencies and organizations directly managing the inspected object, who are officials, civil servants, or public officials, commit violations, they shall be disciplined according to the following forms:

1. They shall be reprimanded if they commit any of the following acts:

a) Failing to direct the implementation of inspection conclusions, directive documents, requests, recommendations, and decisions on handling inspections;

b) Failing to request or recommend competent authorities to handle violations or implement decisions, requests, and recommendations issued by the inspector;

c) Failing to monitor, urge, and inspect the implementation of inspection conclusions, directive documents, requests, recommendations, and decisions on handling inspections.

2. If the person committing a violation as stipulated in any of points a, b, or c of Clause 1 of this Article causes serious consequences, they shall be subject to disciplinary measures such as warning, dismissal from office for officials; warning, reduction in rank, demotion, dismissal from office, and forced resignation for civil servants; warning, dismissal from office, and forced resignation for public officials, or criminal prosecution, and must compensate for losses in accordance with the provisions of the law if damage occurs.

3. If the person committing a violation as stipulated in any of points a, b, or c of Clause 1 of this Article is not an official, civil servant, or public official, they shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation, and must compensate for losses in accordance with the provisions of the law if damage occurs.

Chapter IX

INTERNAL INSPECTION ORGANIZATION AND ACTIVITIES

Article 66. Internal Inspection Organization

1. The head of government agencies and the head of public service units organize internal inspections to strengthen management, ensure compliance with policies and laws, and the performance of assigned tasks and powers for agencies, organizations, and individuals under their jurisdiction.

2. Based on their functions, tasks, and management needs, government agencies and public service units may establish inspection organizations or assign departments, units, or personnel to perform internal inspection work.

Article 67. Internal Inspection Activities

The head of government agencies and public service units directly directs internal inspection activities; within their scope of duties and powers, they issue regulations on internal inspection procedures and annual inspection plans when deemed necessary, ensuring compliance with the law on inspection.

Article 68. Conditions Ensuring Internal Inspection Activities

1. The head of government agencies and public service units is responsible for ensuring conditions regarding time and working tools for internal inspection activities.

2. Personnel performing internal inspection work enjoy the benefits and policies of public officials and other allowances when carrying out inspection tasks as decided by the head of government agencies and public service units based on their financial mechanisms.

Chapter X

IMPLEMENTING PROVISIONS

Article 69. Effective Date

This Decree shall take effect from August 15, 2023.

Article 70. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees, and relevant agencies, organizations, and units shall be responsible for implementing this Decree.