The Law on Inspection stipulates the organization and operation of inspection activities, including aspects such as the scope of regulation, authority, tasks of inspection agencies, procedures for conducting inspections, and responsibilities of those conducting inspections. This Law applies to central and local inspection agencies, as well as individuals conducting inspections.
适用范围
Inspection agencies (Government Inspectorate, Provincial Inspectorate, Inspectorate of the Ministry of National Defense, Inspectorate of the Ministry of Public Security, State Bank Inspectorate), individuals conducting inspections, and inspected entities.
要点
- Central and provincial inspection agencies have the function of assisting state management agencies in performing inspection work, receiving citizens, handling complaints and denunciations, and preventing and combating corruption.
- Individuals conducting inspections have the right to request inspected entities to provide information and documents related to the content of the inspection; they may apply measures such as requesting expert opinions, temporarily seizing assets, sealing documents to ensure the fulfillment of their duties.
- The duration of inspections is specifically defined: from 30 to 60 days for the Government Inspectorate and equivalent agencies; not exceeding 45 days for the Inspectorate of the Ministry of National Defense, Inspectorate of the Ministry of Public Security, and State Bank Inspectorate; not exceeding 30 days for the Confidential Inspectorate.
- The person issuing the inspection decision has the right to issue an inspection conclusion and recommend handling according to their authority or transfer case files with signs of criminal offenses to investigative agencies.
- The head of the inspection team is responsible for organizing and directing members of the inspection team to implement the content of the inspection decision and the plan for conducting inspections.
🌐 本文件的社会影响
- Positive impact: Strengthening the effectiveness of state management through the detection and handling of violations of laws.
- Negative impact: May impose burdens of time and cost on inspected entities; may create anxiety and inconvenience in the operations of agencies and organizations.
❓ 常见问题
What is the duration of inspections?
The duration of inspections is specifically defined: from 30 to 60 days for the Government Inspectorate and equivalent agencies; not exceeding 45 days for the Inspectorate of the Ministry of National Defense, Inspectorate of the Ministry of Public Security, and State Bank Inspectorate; not exceeding 30 days for the Confidential Inspectorate.
What rights does an individual conducting an inspection have from the inspected entity?
Individuals conducting inspections have the right to request inspected entities to provide information, documents, and reports, and explain issues related to the content of the inspection.
In cases where violations of the law are discovered during the inspection process, what can the individual conducting the inspection do?
Individuals conducting inspections may apply measures such as requesting expert opinions, temporarily seizing assets, sealing documents to ensure the fulfillment of their duties.
What is the responsibility of the head of the inspection team?
The head of the inspection team is responsible for organizing and directing members of the inspection team to implement the content of the inspection decision and the plan for conducting inspections.
When is the inspection conclusion made public?
Within the latest 10 days from the date of signing the issuance of the inspection conclusion, the person issuing the inspection decision is responsible for making the inspection conclusion public in accordance with the form prescribed at point b clause 3 of this Article and one of the forms prescribed at points a, c, and d clause 3 of this Article.
全文
LAW
INSPECTION
Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;
The National Assembly enacts the Inspection Law.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates on the organization and operation of inspection.
Article 2. Interpretation of Terms
In this Law, the following terms shall be understood as follows:
1. Inspection It is an activity of examination, evaluation, conclusion, and recommendation for handling by the inspection agency regarding the implementation of policies, laws, tasks, and authorities of agencies, organizations, and individuals according to procedures and processes prescribed by law.
2. Inspectors include the person issuing the inspection decision, the Head of the Inspection Team, and members of the Inspection Team.
3. Inspection program orientation is a document determining the direction and focus of inspection activities for one year approved by the Prime Minister upon the proposal of the Government Inspector General.
4. Inspection plan is a document determining the main tasks related to inspection for one year issued by the Head of the inspection agency to implement the Inspection Program Orientation and meet management requirements.
5. Inspection implementation plan is a document specifically determining the content, object, period, time of inspection, and the method of organizing and implementing an inspection conducted by the Head of the Inspection Team and approved by the person issuing the inspection decision.
6. Scope of inspection is the specific limit on the content, object, and period of inspection determined in the inspection decision.
7. Inspection subject is the agency, organization, or individual subject to inspection as determined in the inspection decision and the inspection implementation plan.
8. Inspection content is the implementation of policies, laws, tasks, and authorities of agencies, organizations, or individuals that are the subjects of inspection.
9. Inspection period is the timeframe during which the policies, laws, tasks, and authorities of the inspected subject are examined and evaluated in an inspection.
10. Duration of Inspection It is the period calculated from the date of announcing the inspection decision to the end date of direct inspection activities.
11. Supervision of the Inspection Team's activities is the monitoring, review, and assessment of compliance with laws, adherence to ethical standards, conduct rules, discipline awareness, and the performance of assigned tasks by the Head of the Inspection Team and members of the Inspection Team during the inspection period.
12. Review of draft inspection conclusions is the examination and evaluation to provide comments and recommendations to improve the draft inspection conclusion.
13. Inspection Conclusion It is a document signed and issued by the person issuing the inspection decision to evaluate, conclude, and recommend on the content that has been inspected.
14. Decision on handling inspection matters includes decisions made by the inspector to exercise rights in inspection activities and decisions made by the Heads of competent state administrative agencies and the inspection agency to implement inspection conclusions.
Article 3. Purpose of inspection activities
Inspection activities aim to identify limitations and inadequacies in management mechanisms, policies, and laws to propose solutions and measures to address them to the competent state agencies; prevent, detect, and handle violations of laws; assist agencies, organizations, and individuals in complying with legal provisions; promote positive factors; contribute to controlling power; enhance the effectiveness of state administrative management activities; protect the interests of the State, and the legitimate rights and interests of agencies, organizations, and individuals.
Article 4. Principles of inspection activities
1. Adhere to the law, democracy, transparency, objectivity, timeliness, and accuracy.
2. Do not hinder the normal operations of the inspected entity and other agencies, organizations, and individuals.
3. Avoid overlapping in scope and time between inspection agencies; avoid overlapping in exercising rights during inspections between inspection agencies and state audit agencies; avoid overlapping in exercising rights during inspections.
Article 5. Functions of inspection agencies
Inspection agencies have the function of assisting competent state management agencies in implementing state management over inspection work, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negative practices; conducting inspections, receiving citizens, handling complaints and denunciations, and preventing and combating corruption, waste, and negative practices in accordance with the provisions of the law.
Article 6. Prohibited acts in inspection activities
1. Intentionally failing to issue an inspection decision when discovering signs of violation of laws that require an inspection according to the law; conducting inspections beyond authority, not in accordance with the content of the approved inspection decision, or inspection plan.
2. Accepting bribes, brokering bribes, offering bribes during inspection activities; abusing inspection powers to commit illegal acts, harassment, causing difficulties, and inconvenience for the inspected entities and other agencies, organizations, and individuals; exceeding authority during the inspection process.
3. Shielding, intentionally overlooking violations of laws, corruption, waste, and negative practices; intentionally making false conclusions without legal basis; intentionally deciding and handling cases contrary to the law; failing to recommend criminal prosecution and transferring case files with signs of criminal offenses discovered through inspections to investigation agencies as prescribed; failing to handle or recommend handling, recovery of money and property embezzled, lost, or wasted discovered through inspections as prescribed.
4. Disclosing information and documents related to the inspection before the inspection conclusion has been made public.
5. Illegally interfering with inspection activities; influencing inspection results, conclusions, and recommendations.
6. Failing to provide information and documents, or providing them untimely, incompletely, untruthfully, inaccurately; appropriating, destroying, or distorting evidence and materials related to the inspection content.
7. Resisting, obstructing, bribing, threatening, retaliating against, or persecuting inspectors, supervisors, evaluators, and information providers to inspection agencies; creating difficulties for inspection activities.
8. Other prohibited acts as prescribed by law.
Chapter II
ORGANIZATION, TASKS, POWERS OF INSPECTION AGENCIES
Article 7. Inspection Agencies
1. Government Inspectorate.
2. Provincial Inspectorate (hereinafter referred to collectively as Provincial Inspectorate).
3. Inspection agencies within the People's Army, Public Security Force, State Bank of Vietnam, including the Inspectorate of the Ministry of National Defense, Inspectorate of the Ministry of Public Security, Inspectorate of the State Bank, and other inspection agencies within the People's Army, Public Security Force, and State Bank of Vietnam as prescribed by the Government.
4. Confidential Communication Inspectorate; inspection agencies established under international treaties to which the Socialist Republic of Vietnam is a party (hereinafter referred to as Inspection Agencies Established Under International Treaties).
5. The specific organization and operation of inspection agencies as stipulated in Clause 3 and Clause 4 of this Article shall be prescribed by the Government.
Article 8. Inspectors
1. An Inspector is a person assigned or appointed to the Inspector rank in inspection agencies to perform duties and powers in inspection activities as prescribed by law.
2. The general criteria for assignment or appointment to the Inspector rank include:
a) Being a civil servant, officer of the People's Army of Vietnam, officer of the People's Public Security Force, personnel engaged in confidential work, except where the Government prescribes otherwise for Inspectors of the Inspection Agency established under international treaties.
b) Loyalty to the Fatherland and the Constitution of the Socialist Republic of Vietnam; having good moral qualities; being conscientious, honest, truthful, fair, and impartial;
c) Having a bachelor’s degree or higher, knowledge of state administration, relevant expertise, and understanding of the law.
3. Inspectors include the following ranks:
a) Inspector;
b) Senior Inspector;
c) Senior Inspector (High Rank).
4. Inspectors are provided with and use uniforms and inspection badges.
5. Inspectors must comply with the law, be accountable to the head of the directly supervising agency and before the law regarding the performance of assigned duties and powers.
6. The Government shall provide detailed regulations for this Article.
Section 1
GOVERNMENT INSPECTOR GENERAL
Article 9. Position and Functions of the Government Inspectorate
1. The Government Inspectorate is an agency of the Government, performing the function of state management over inspection work, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negative practices throughout the country; it performs inspection, citizen reception, complaint and denunciation handling, and anti-corruption and waste prevention tasks as prescribed by law.
2. The Government Inspectorate has a Chief Inspector General, Deputy Chief Inspector General, Inspectors, and civil servants and officials.
Article 10. Duties and Powers of the Government Inspectorate
1. In the field of inspection, the Government Inspectorate assists the Government in implementing state management over inspection work and has the following duties and powers:
a) Formulating policies and laws on inspection;
b) Drafting the Inspection Program Orientation to submit to the Prime Minister for approval;
c) Drafting and organizing the implementation of the Government Inspectorate’s inspection plan; guiding the Ministry of National Defense Inspectorate, Ministry of Public Security Inspectorate, State Bank Inspectorate, Confidential Service Inspectorate, Inspectorate established under international treaties, and Provincial Inspectorates in drafting their inspection plans and urging and inspecting the implementation of these plans;
d) Inspecting the implementation of policies, laws, tasks, and powers of Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees; inspecting the implementation of policies, laws, tasks, and powers of organizations, units, and individuals under the management of Ministries without an Inspectorate;
đ) Inspecting compliance with laws in fields within the scope of state management of Ministries without an Inspectorate;
e) Inspecting complex cases involving the responsibility of multiple Ministries, ministerial-level agencies, and provincial People's Committees;
g) Inspecting the management and use of state capital and assets at enterprises;
h) Inspecting matters within its jurisdiction when signs of law violations are discovered;
i) Inspecting upon request by a Minister, Head of a ministerial-level agency, or Head of an agency under the Government;
k) Inspecting other matters when assigned by the Prime Minister and competent authorities;
l) Checking the accuracy and legality of inspection conclusions of the Ministry of National Defense Inspectorate, Ministry of Public Security Inspectorate, State Bank Inspectorate, Confidential Service Inspectorate, Inspectorate established under international treaties, and Provincial Inspectorates and deciding on post-inspection actions when necessary;
m) Re-inspecting cases that have been concluded by the Ministry of National Defense Inspectorate, Ministry of Public Security Inspectorate, State Bank Inspectorate, Confidential Service Inspectorate, Inspectorate established under international treaties, and Provincial Inspectorates when signs of law violations are discovered;
n) Monitoring, urging, and inspecting the implementation of inspection conclusions, recommendations, and decisions on post-inspection actions issued by the Prime Minister and the Government Inspectorate;
o) Cooperating with the State Audit Office to address overlaps and duplications between inspection activities and state audit activities; guiding inspection agencies in addressing overlaps and duplications between inspection activities and state audit activities;
p) Leading and directing inspection work, training, guiding inspection procedures, and issuing inspection procedure certificates;
q) Summarizing and reporting on the results of inspection work.
2. Assisting the Government in implementing state management over citizen reception, complaint and denunciation handling, and anti-corruption and negative practice prevention; performing tasks and powers in citizen reception, complaint and denunciation handling, and anti-corruption and waste prevention as prescribed by law.
Article 11. Tasks and Authorities of the Government Inspector General
1. The Government Inspector General is a member of the Government, accountable to the National Assembly, the Government, and the Prime Minister regarding inspection work, citizen reception, complaint resolution, and anti-corruption efforts. Deputy Government Inspectors assist the Government Inspector General in performing tasks as assigned by the Government Inspector General.
2. In the field of inspection, the Government Inspector General has the following tasks and authorities:
a) Leading, directing, inspecting, and supervising inspection activities within the scope of national administration under the Government; leading the Government Inspectorate to perform its tasks and authorities as stipulated by this Law and other relevant laws;
b) Issuing regulatory legal documents within their authority;
The Prime Minister approves the Inspection Program Orientation; issuing the Government Inspectorate's inspection plan and organizing its implementation;
c) Submit for approval d) Deciding on inspections for cases within their jurisdiction when signs of law violations are detected;
đ) Deciding on inspections upon requests from Ministers, Heads of Ministries at the same level, and Heads of government agencies;
e) Proposing Ministers, Heads of Ministries at the same level, and Chairpersons of provincial People's Committees to appoint suitable specialists to join the Government Inspectorate's inspection teams when necessary;
g) Proposing the Minister of Defense, the Minister of Public Security, the Governor of the State Bank of Vietnam, the Minister of Ministries established under international treaties, and Chairpersons of provincial People's Committees to direct inspections for cases with signs of law violations;
h) Deciding to re-inspect cases that have been concluded by the Ministry of Defense Inspectorate, the Ministry of Public Security Inspectorate, the State Bank Inspectorate, the Cryptographic Inspectorate, the Inspectorate established under international treaties, and the provincial inspectorates when signs of law violations are detected;
i) Handling overlaps and repetitions between inspection activities and state audit activities, and among different inspection agencies;
k) Considering and handling issues related to inspection work where the head of the administrative agency disagrees with the head of the inspection agency. If the head of the administrative agency disagrees, the Government Inspector General shall report to the Prime Minister;
l) Recommending of the Prime Minister to consider and decide;
the Prime Minister to request Ministers, Heads of Ministries at the same level, provincial People's Committees, and Chairpersons of provincial People's Committees to suspend or revoke regulatory legal documents issued by them that contravene the Constitution , laws, and higher-level regulatory legal documents discovered through inspections;m) Recommendingthe Prime Minister to suspend part or all of the resolutions of provincial People's Councils that contravene
, laws, and higher-level regulatory legal documents discovered through inspections; reporting to the Prime Minister to propose the Standing Committee of the National Assembly to revoke part or all of the resolutions of provincial People's Councils containing content that contravenes , laws, and higher-level regulatory legal documents discovered through inspections;m) Recommendingn) Recommending competent agencies or individuals to amend, supplement, or issue appropriate legal documents; recommending suspension, cancellation, or revocation of unlawful provisions discovered through inspections, except in cases already recommended according to points l and m of this clause;m) Recommendingo) Proposing Ministers, Heads of Ministries at the same level, Heads of government agencies, and Chairpersons of provincial People's Committees to review, rectify, and correct violations in sectors, fields, or areas under their management discovered by the Government Inspectorate through inspections;
p) Recommending
the Prime Minister, competent agencies, or organizations or requesting heads of such agencies or organizations to consider responsibility and handle organizations or individuals under their management who violate laws discovered through inspections or fail to implement inspection conclusions, recommendations, or decisions.
MINISTRY OF NATIONAL DEFENSE INSPECTORATE, MINISTRY OF PUBLIC SECURITY INSPECTORATE, STATE BANK INSPECTORATE
Section 2
INSPECTORATE OF THE MINISTRY OF NATIONAL DEFENSE, INSPECTORATE OF THE MINISTRY OF PUBLIC SECURITY,
INSPECTORATE OF THE STATE BANK
Article 12. Position, Functions
1. Assist the Minister, Head of a ministerial-level agency in managing state administrative work related to inspection, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices; perform inspection tasks for agencies, organizations, and individuals under the management of the Minister, Head of a ministerial-level agency, and in fields within the scope of state administrative management of the Ministry or ministerial-level agency; carry out tasks of receiving citizens, handling complaints and denunciations, and preventing corruption, waste, and negative practices in accordance with the law.
Be subject to direction and management by the Minister, Head of a ministerial-level agency, and be directed on inspection work and guided on business procedures by the Government Inspectorate.
2. The Inspectorate of the Ministry of National Defense, the Inspectorate of the Ministry of Public Security, and the Inspectorate of the State Bank shall have an Inspector-in-Chief, Deputy Inspector-in-Chief, inspectors, and other civil servants.
The Inspector-in-Chief shall be appointed, reappointed, relieved of duty, dismissed, transferred, or detailed by the Minister, Head of a ministerial-level agency after obtaining written comments from the Chief Inspector General.
Article 13. Duties and Powers
1. In the field of inspection, assist the Minister, Head of a ministerial-level agency in managing state administrative work related to inspection and have the following duties and powers:
a) Advise and draft for the Minister, Head of a ministerial-level agency to promulish and guide the implementation of regulations on organization and operation of inspections within their scope of state administrative management;
b) Draft inspection plans, submit them to the Minister, Head of a ministerial-level agency for comments on policy, promulish, and organize the implementation of inspection plans;
c) Inspect the implementation of policies, laws, tasks, and powers for agencies, organizations, and individuals under the management of the Minister, Head of a ministerial-level agency; inspect compliance with policies and laws by agencies, organizations, and individuals in fields within the scope of state administrative management of the Ministry or ministerial-level agency;
d) Inspect cases within their jurisdiction when signs of law violations are discovered;
đ) Inspect other cases when assigned by the Minister, Head of a ministerial-level agency;
e) Re-inspect cases that have been concluded by other inspection agencies in the Vietnam People's Army, Vietnam People's Public Security, and the State Bank of Vietnam;
g) Monitor, urge, and check the implementation of conclusions, recommendations, and decisions on inspection made by the Minister, Head of a ministerial-level agency;
h) Verify the accuracy and legality of post-inspection handling decisions made by the Chairman of the Provincial People's Committee for cases within the scope of state administrative management of the Ministry or ministerial-level agency if necessary;
i) Summarize and report the results of inspection work.
2. Assist the Minister, Head of a ministerial-level agency in implementing state administrative management over citizen reception, complaint and denunciation handling, anti-corruption, and prevention of negative practices; perform duties and powers in citizen reception, complaint and denunciation handling, anti-corruption, and prevention of waste and negative practices in accordance with the law.
Article 14. Duties and Powers of the Inspector-in-Chief
In the field of inspection, the Head of the Inspectorate has the following tasks and authorities:
1. Lead, direct, inspect, and supervise inspection work within the scope of state administrative management of the Ministry or ministerial-level agency; lead the implementation of inspection duties and powers as prescribed by this Law and other relevant laws;
2. Direct the drafting, promulgation, and implementation of inspection plans;
3. Decide on inspections for cases within their jurisdiction when signs of law violations are discovered;
4. Impose administrative penalties or recommend competent authorities to impose administrative penalties according to the law on administrative penalty enforcement;
5. Handle overlapping and repetitive activities among inspection agencies; report to the Chief Inspector General for consideration and decision on overlapping and repetitive activities among inspection agencies;
6. Recommend the Minister, Head of a ministerial-level agency to suspend, within their authority, the execution of unlawful decisions found through inspections in the field of state administrative management of the Ministry or ministerial-level agency;
7. Recommend the Minister, Head of a ministerial-level agency to resolve issues related to inspection work;
8. Recommend agencies or persons with authority to amend, supplement, or issue documents in accordance with management requirements; recommend suspension, revocation, or abolition of unlawful provisions found through inspections;
9. Recommend the Minister, Head of a ministerial-level agency or request the heads of agencies or organizations to consider responsibility and handle organizations or individuals under their management who violate laws discovered through inspections or fail to implement inspection conclusions, recommendations, or decisions.
Section 3
PROVINCE INSPECTORATE
Article 15. Position and functions of the Provincial Inspectorate
1. The Provincial Inspectorate is a specialized agency under the provincial People's Committee, assisting the provincial People's Committee in state management of inspection work, receiving citizens, handling complaints and denunciations, and preventing corruption and negative practices; performing inspection tasks within the scope of the provincial People's Committee’s state management; implementing tasks related to receiving citizens, handling complaints and denunciations, and preventing corruption, waste, and negative practices in accordance with the law.
The Provincial Inspectorate is subject to the direction and management of the Chairman of the provincial People's Committee and is guided on inspection work and business procedures by the Government Inspectorate.
2. The Provincial Inspectorate has an Inspector-in-Chief, Deputy Inspector-in-Chief, inspectors, and other civil servants.
The Inspector-in-Chief is appointed, reappointed, relieved of duty, dismissed, transferred, rotated, or detailed by the Chairman of the provincial People's Committee after receiving written comments from the Chief Inspector General.
Article 16. Tasks and Authorities of the Provincial Inspectorate
1. In the field of inspection, the Provincial Inspectorate assists the provincial People's Committee in state management of inspection work and has the following tasks and authorities:
a) Drafting inspection plans, reporting to the Chairman of the provincial People's Committee for comments on policies, promulgating and organizing the implementation of inspection plans;
b) Inspecting the implementation of policies, laws, duties, and powers of specialized agencies, other administrative organizations, and public service units under the provincial People's Committee; village-level People's Committees; units and individuals under specialized agencies of the provincial and village-level People's Committees;
c) Inspecting compliance with laws in areas under the jurisdiction of specialized agencies under the provincial People's Committee;
d) Inspecting the management and use of state capital and assets at enterprises where the provincial People's Committee represents ownership, except when the Government Inspectorate conducts inspections;
đ) Inspecting cases within its jurisdiction upon discovering signs of law violations;
e) Inspecting other cases when assigned by the Chairman of the provincial People's Committee;
g) Monitoring, urging, and inspecting the implementation of conclusions and recommendations of the Provincial Inspectorate, decisions on inspection handling by the Chairman of the provincial People's Committee, and the Inspector-in-Chief of the Provincial Inspectorate;
h) Organizing professional training for Provincial Inspectorate civil servants;
i) Summarize and report the results of inspection work.
2. Assisting the provincial People's Committee in state management of citizen reception work, complaint and denunciation handling, anti-corruption, and anti-negative practice efforts; performing tasks and authorities in citizen reception work, complaint and denunciation handling, anti-corruption, and anti-waste efforts in accordance with the law.
Article 17. Tasks and Authorities of the Inspector-in-Chief of the Provincial Inspectorate
In the field of inspection, the Inspector-in-Chief of the Provincial Inspectorate has the following tasks and authorities:
1. Leading, directing, inspecting, and supervising inspection work within the scope of the provincial People's Committee’s state management; leading the Provincial Inspectorate to perform tasks and authorities as prescribed by this Law and other relevant laws;
2. Directing the drafting, promulgation, and organization of the implementation of inspection plans;
3. Decide on inspections for cases within their jurisdiction when signs of law violations are discovered;
4. Proposing the heads of specialized agencies under the provincial People's Committee and the Chairmen of village-level People's Committees to assign persons with appropriate expertise to join the Provincial Inspectorate inspection teams when necessary;
5. Proposing the heads of specialized agencies under the provincial People's Committee and the Chairmen of village-level People's Committees to review, correct, and rectify violations found through inspections in their respective sectors, fields, or areas under their jurisdiction;
6. Recommending the Chairman of the provincial People's Committee to resolve issues related to inspection work;
7. Recommending competent agencies or individuals to amend, supplement, or issue regulations in accordance with management requirements; recommending the suspension, cancellation, or abolition of unlawful provisions discovered through inspections;
8. Recommending the Chairman of the provincial People's Committee or requiring the heads of agencies or organizations to consider the responsibility and handle organizations or individuals under their management who have been found to violate the law through inspections or who have not implemented inspection conclusions or decisions.
Chapter III
INSPECTION ACTIVITIES
Article 18. Construction and issuance of the Inspection Program Orientation and Inspection Plan
1. By no later than September 30 each year, the Government Inspector General shall submit to the Prime Minister for approval the Inspection Program Orientation for the following year; by no later than October 15 each year, the Prime Minister shall be responsible for approving it.
Based on the approved Inspection Program Orientation, the Government Inspector General shall be responsible for guiding the Ministry of National Defense Inspectorate, the Ministry of Public Security Inspectorate, the State Bank Inspectorate, the Cryptographic Inspectorate, the Inspectorate established under international treaties, and the provincial inspectorates to draft the annual inspection plan.
2. The construction and issuance of the inspection plan must be based on the Inspection Program Orientation, the guidance of the Government Inspectorate, the requirements of economic and social development tasks, and management work within the scope of the industry, sector, and locality.
By no later than November 15 each year, the Government Inspector General shall be responsible for issuing the inspection plan of his own agency and sending it to other inspectorates to handle overlapping and duplication issues.
By no later than November 20 each year, the Heads of the Ministry of National Defense Inspectorate, the Ministry of Public Security Inspectorate, the State Bank Inspectorate, the Cryptographic Inspectorate, the Inspectorate established under international treaties, and the provincial inspectorates shall submit the inspection plan for review and comments from the heads of the same-level state administrative agencies.
By no later than November 30 each year, the heads of the same-level state administrative agencies shall provide written comments on the inspection plan; the Heads of the Inspectorate shall issue the inspection plan no later than five working days after receiving comments from the heads of the same-level state administrative agencies.
3. The inspection plan shall be immediately sent to the heads of the same-level state administrative agencies, the Government Inspectorate, the state audit agency, relevant agencies and organizations, and notified to the inspected entities.
Article 19. Forms of Inspection
1. Inspection activities are carried out according to plans or unexpectedly.
Planned inspections are conducted according to the inspection plan issued as prescribed.
Unexpected inspections are conducted when signs of law violations are discovered in agencies, organizations, or individuals within the inspection authority, or upon request for handling complaints, reports, anti-corruption, thrift, and negativity, or as assigned or proposed by the head of the state administrative agency or competent authority.
2. Inspection activities can be conducted directly, online, or remotely based on electronic data. Online and remote inspections are carried out in accordance with the regulations of the Government.
Article 20. Time limit for inspection
1. The duration of an inspection is defined as follows:
a) An inspection conducted by the Government Inspectorate shall not exceed 60 days; in complex cases, it may be extended once for up to 30 days; in particularly complex cases, it may be extended twice for up to 20 days;
b) An inspection conducted by the Ministry of National Defense Inspectorate, the Ministry of Public Security Inspectorate, the State Bank Inspectorate, and the provincial inspectorates shall not exceed 45 days; in complex cases or in mountainous areas, border regions, islands, remote areas where travel is difficult, it may be extended once for up to 25 days;
c) An inspection conducted by the Cryptographic Inspectorate, the Inspectorate established under international treaties, and other inspectorates within the Vietnam People's Army, the Vietnam People's Public Security, and the State Bank of Vietnam shall not exceed 30 days; in complex cases or in mountainous areas, border regions, islands, remote areas where travel is difficult, it may be extended once for up to 10 days.
2. The time temporarily suspending inspections as stipulated in Article 30 of this Law shall not be counted towards the inspection period.
Article 21. Procedure and formalities for conducting an inspection
1. Inspection preparation:
a) Collecting information to prepare for the inspection;
b) Issuing an inspection decision;
c) Drafting and sending the outline requesting the inspected entity to submit a report;
d) Notifying about the issuance of the inspection decision.
2. Conducting direct inspections:
a) Announcing the inspection decision;
b) Collecting information and documents related to the inspection content;
c) Checking and verifying information and documents;
d) Concluding the direct inspection process.
3. Ending the inspection:
a) Reporting the inspection results;
b) Drafting the inspection conclusion;
c) Reviewing the draft inspection conclusion;
d) Issuing the inspection conclusion;
đ) Publicizing the inspection conclusion.
Article 22. Responsibilities of Heads of State Management Agencies, Inspectors Issuing Inspection Decisions, and Inspection Team Leaders
1. The Head of a State Management Agency shall have the following responsibilities:
a) Requesting or proposing the inspection agency to conduct an inspection when signs of law violations are discovered or to meet the requirements for handling complaints, accusations, anti-corruption, waste, and negative practices;
b) Ensuring the operation of the inspection agency; not interfering illegally with the inspection activities;
c) Promptly addressing inspection recommendations and directing the implementation of inspection conclusions according to the law.
2. The Inspector issuing the inspection decision shall organize and direct the activities of the Inspection Team, ensuring the principles of inspection operations, ensuring that the inspection is conducted in accordance with the law, purpose, and requirements; promptly resolving any recommendations from the Inspection Team and complaints, accusations, recommendations, and reflections related to the activities of the Inspection Team.
3. The Inspection Team Leader is the head of the Inspection Team, responsible for organizing and directing team members to implement the scope, content, and progress of the inspection according to the inspection decision and the inspection plan; implementing reporting requirements as requested by the Inspector issuing the inspection decision; being accountable to the Inspector issuing the inspection decision for the activities of the Inspection Team.
Article 23. Ensuring Discipline in Inspection Activities
1. Inspection activities are carried out under the chief executive system. Members of the Inspection Team must comply with decisions and directives of the Inspection Team Leader. The Inspection Team Leader and members of the Inspection Team must comply with decisions and directives of the Inspector issuing the inspection decision.
2. The Inspection Team Leader and members of the Inspection Team have the right to reserve their opinions on the inspection results and be accountable to the Inspector issuing the inspection decision and to the law regarding their reservations.
Article 24. Handling Violations of Law by Inspectors
1. If an inspector fails to complete the inspection task, intentionally omits, or discovers a violation but does not handle it or recommend its handling, or engages in other actions violating the law on inspections, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.
2. In cases where, after the inspection ends, another competent authority discovers a law violation at an organization, unit, or individual inspected by the same content, and the Inspector issuing the inspection decision, the Inspection Team Leader, or members of the Inspection Team are at fault, they must bear responsibility; depending on the nature and severity of the violation, they may be subject to disciplinary action or criminal prosecution according to the law.
3. In cases where the Inspection Team has discovered and reported a case with signs of law violations, but the Inspector issuing the inspection decision does not handle or recommend handling according to their authority, the Inspection Team Leader and members of the Inspection Team are not held responsible. In this case, the Inspector issuing the inspection decision must bear responsibility according to the law.
In cases where a member of the Inspection Team has discovered and reported a case with signs of law violations, but the Inspection Team Leader does not handle or recommend handling according to their authority, that member is not held responsible. In this case, the Inspection Team Leader must bear responsibility according to the law.
Article 25. Re-inspection
1. Re-inspection shall be carried out when there is one of the following signs of violation of laws:
a) There is a serious violation regarding the authority to issue inspection decisions, procedures, and processes during the inspection process;
b) There is an error in applying the law when concluding the inspection;
c) The content in the inspection conclusion does not match the evidence collected during the inspection process;
d) The person conducting the inspection intentionally distorts the case file or intentionally concludes against the law;
đ) There are signs of serious violations by the inspected entity that have not been fully discovered through the inspection.
2. The time limit for re-inspection is two years from the date of issuance of the inspection conclusion.
3. When there are grounds stipulated in Clause 1 and Clause 2 of this Article, the higher-level inspection agency shall conduct a re-inspection on the inspection conclusions of the lower-level inspection agency; for the inspection conclusions of the Government Inspectorate, it shall report. consideration and decision by the Prime Minister.
4. The duration of re-inspection shall not exceed the duration of inspection prescribed in Clause 1 of Article 20 of this Law.
5. The re-inspection conclusion must include the contents prescribed in Clause 2 of Article 36 of this Law and must clearly determine the responsibility of the inspection agency and the person conducting the previous inspection.
6. The Government shall provide detailed regulations for this Article.
Article 26. Issuing Inspection Decisions
1. Issuing an inspection decision must be based on one of the following grounds:
a) Inspection plan;
b) Requests or proposals of the head of the state management agency or competent authority;
c) When signs of law violations are detected;
d) Requirements for handling complaints, accusations, preventing corruption, waste, and negative practices;
đ) Other relevant grounds as prescribed by law.
2. The head of the inspection agency shall issue the inspection decision based on the provisions of Clause 1 of this Article.
3. An inspection decision shall include the following contents:
a) Grounds for issuing the inspection decision;
b) Scope, content, object, period, and tasks of the inspection;
c) Duration of the inspection;
d) Formation of the Inspection Team.
4. The inspection decision must be sent to the inspected entity, the head of the state management agency at the same level, the higher-level inspection agency, and related agencies and organizations.
The inspection decision must be published no later than fifteen days from the date of issuance.
Article 27. Inspection Team
1. The Inspection Team is established to perform inspection tasks and automatically dissolves after transferring the inspection files according to regulations.
2. The Inspection Team consists of the Head of the Inspection Team and members of the Inspection Team. In necessary cases, the Inspection Team may have a Deputy Head of the Inspection Team. Members of the Inspection Team include inspectors and persons participating in the Inspection Team who are not inspectors.
3. The Head of the Inspection Team and members of the Inspection Team must be individuals with appropriate moral character and expertise, without conflicts of interest when performing inspection tasks.
4. The Government shall provide detailed regulations on this matter.
Article 28. Checking and Verifying Information and Documents
1. The Head of the Inspection Team and members of the Inspection Team are responsible for studying information and documents already collected; evaluating compliance with policies, laws, duties, and powers of the inspected entity related to the assigned inspection content.
The Head of the Inspection Team and inspectors have the right to request those responsible and related parties to explain unclear issues; in cases where direct work with the inspected entity or related parties is required, the inspector reports to the Head of the Inspection Team for consideration and decision.
2. In cases requiring checking and verifying information and documents, clarifying issues related to the inspection content, the Head of the Inspection Team or the person issuing the inspection decision may invite the inspected entity, representatives of related agencies, organizations, or individuals to work or request the inspected entity to report.
3. In cases requiring verification of events or clarification of issues related to ongoing events, the person issuing the inspection decision, the Head of the Inspection Team, or the inspected entity may invite additional representatives of local authorities or other persons to witness.
Article 29. Handling violations during the inspection process
1. The person conducting the inspection must apply measures within their authority as prescribed by this Law and other relevant laws to stop the violation, promptly protect the interests of the State, the legitimate rights and interests of agencies, organizations, and individuals; in cases where the violation of the inspected entity and related agencies, organizations, and individuals falls outside their authority to handle, the Head of the Inspection Team shall recommend that the decision-maker for the inspection or the head of the competent state agency handle it.
2. In cases where criminal offenses are discovered, the Head of the Inspection Team must report to have the decision-maker for the inspection immediately transfer the case file, related documents, along with the indictment request document to the competent investigative agency for examination and handling according to the law, and notify the People's Procuratorate at the same level. The inspection team continues the inspection according to the approved inspection plan; the decision-maker for the inspection issues the inspection conclusion in accordance with the law.
The investigative agency has the responsibility to inform the inspection agency about the results of the case resolution; if the inspection agency's indictment request is not received in writing or is not agreed with the resolution result within the time limit for examining and resolving the indictment request as stipulated by the Criminal Procedure Code, then they must discuss with the investigative agency and the People's Procuratorate at the same level to clarify the reasons, and if still not agreeing, they shall request the higher-level investigative agency and People's Procuratorate to examine and resolve and report back to the higher-level inspection agency.
3. If the inspected entity, agencies, organizations, or individuals commit prohibited acts or violate the obligations of the inspected entity as prescribed by this Law, they will be subject to disciplinary action, administrative penalties, or criminal liability pursued, depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.
Article 30. Suspension of Inspection
1. The decision-maker for the inspection decides to suspend the inspection in the following situations:
a) There is an unforeseeable event affecting the progress of the inspection;
b) The actual situation affects the direct conduct of the inspection due to the need to focus on performing important and urgent tasks as required by the competent authority;
c) The inspected entity requests a suspension of the inspection for valid reasons and obtains the agreement of the decision-maker for the inspection.
2. When suspending the inspection, the decision-maker for the inspection is responsible for reviewing and revoking applied measures or applying measures within their authority but must ensure that it does not hinder the normal operations of the inspected entity.
3. The suspension of inspection specified in point c, Clause 1 of this Article can only be implemented once and the suspension period shall not exceed 30 days from the date of issuing the decision to suspend the inspection. The decision-maker for the inspection decides to continue the inspection when the reason for suspending the inspection no longer exists or the suspension period has expired.
4. The decision to suspend the inspection and the decision to continue the inspection must be sent to the inspected entity.
Article 31. Suspension of Inspection
1. The person issuing the inspection decision decides to suspend all or part of the content of the inspection in the inspection decision in the following cases:
a) The inspected object is an individual who has died; an agency or organization that has been dissolved or declared bankrupt without any agency, organization, or individual taking over its rights and obligations;
b) The content of the inspection has been concluded by a higher-level inspection agency;
c) There is a criminal case indictment decision regarding the same inspection content;
d) The head of the state management agency at the same level has a document requesting the suspension of the inspection;
đ) Belongs to overlapping or repetitive cases that have been handled according to regulations.
2. When suspending the inspection, the person conducting the inspection is responsible for revoking the measures already applied within their authority during the inspection process.
3. The decision to suspend the inspection must be sent to the head of the state management agency at the same level, the higher-level inspection agency, the inspected object, and related agencies, organizations, and individuals.
Article 32. Supervision of the Inspection Team's Activities
1. The person issuing the inspection decision is responsible for supervising the activities of the Inspection Team. If necessary, the person issuing the inspection decision issues a decision to assign civil servants or establish a Supervision Group to supervise the activities of the Inspection Team (collectively referred to as the supervisor), specifying clearly the content, composition, time, and method of supervision.
2. Content of supervision of the Inspection Team's activities:
a) Compliance with legal provisions on the basis, jurisdiction, and procedures and methods for implementing tasks and powers in inspection activities;
b) Compliance with directives from the person issuing the inspection decision; implementation of the inspection decision, inspection plan; compliance with information and reporting systems;
c) Compliance with legal provisions on prohibited acts; acceptance and handling of complaints, reports, suggestions, and reflections in the Inspection Team's activities.
Article 33. Reporting and Reviewing the Inspection Results Report
1. After completing direct inspection activities, the Head of the Inspection Team is responsible for preparing the inspection results report to send to the person issuing the inspection decision. The inspection results report must include the following contents:
a) Specific conclusions on each content that has been inspected;
b) Clearly identifying the nature, severity, and consequences of the violation; causes and responsibilities of agencies, organizations, and individuals committing violations (if any);
c) Different opinions between members of the Inspection Team and the Head of the Inspection Team regarding the content of the inspection results report (if any);
d) Measures taken and recommendations for solutions and measures to address and mitigate consequences (if any).
2. In cases where corruption, waste, or negative practices are discovered through inspections, the inspection results report must also specify the responsibility of the heads of agencies and organizations at different levels as follows:
a) Weaknesses in management capacity;
b) Lack of responsibility in management;
c) Shielding individuals involved in corruption, waste, or negative practices.
3. The inspection results report must clearly state the legal provisions serving as the basis for determining the nature and severity of the violation, recommendations for solutions and measures to address and mitigate consequences.
4. The time for preparing the inspection results report is calculated from the date the Inspection Team completes direct inspection activities and is specified as follows:
a) For inspections conducted by the Government Inspectorate, the time for preparing the inspection results report shall not exceed 30 days, and may be extended up to 45 days if complex;
b) For inspections conducted by the Inspectorates of the Ministry of National Defense, the Ministry of Public Security, the State Bank of Vietnam, the Cryptographic Inspectorate, and provincial inspectorates, the time for preparing the inspection results report shall not exceed 20 days, and may be extended up to 30 days if complex;
c) For inspections conducted by inspectorates established under international agreements and other inspectorates within the People's Army, the People's Public Security, and the State Bank of Vietnam, the time for preparing the inspection results report shall not exceed 15 days, and may be extended up to 25 days if complex.
5. The person issuing the inspection decision reviews and evaluates the contents in the inspection results report of the Inspection Team.
If necessary, the person issuing the inspection decision requests the Head of the Inspection Team to clarify or amend and supplement the contents in the inspection results report.
Article 34. Drafting the Inspection Conclusion
1. Within five working days from the date of receiving the report on the inspection results, the person issuing the inspection decision shall instruct the Head of the Inspection Team to draft the inspection conclusion. The draft inspection conclusion shall include the contents prescribed in Clause 2 of Article 36 of this Law.
2. During the process of drafting the draft inspection conclusion, the person issuing the inspection decision has the right to request the Head of the Inspection Team and members of the Inspection Team to report, and to request the inspected entity or relevant agencies, organizations, or individuals to explain and clarify additional issues that are expected to be concluded regarding the inspection content.
3. The explanation must be made in writing accompanied by information, documents, and evidence to prove the content of the explanation. The Head of the Inspection Team is responsible for studying and proposing to the person issuing the inspection decision on how to handle the explanation content provided by the inspected entity.
4. The draft inspection conclusion is sent to members of the Inspection Team for comments before being submitted to the person issuing the inspection decision.
Members of the Inspection Team have the right to reserve their opinions on the content of the draft inspection conclusion. The Head of the Inspection Team has the right to reserve their opinions on the content of the inspection conclusion before the person issuing the inspection decision. Reserved opinions are expressed in writing and attached to the draft inspection conclusion.
5. The time for drafting the draft inspection conclusion starts from the date the person issuing the inspection decision assigns the task of drafting the draft inspection conclusion and is regulated as follows:
a) For inspections conducted by the Government Inspectorate, the time for drafting the draft inspection conclusion shall not exceed thirty days, and may be extended up to forty-five days in complex cases;
b) For inspections conducted by the Inspectorate of the Ministry of National Defense, the Inspectorate of the Ministry of Public Security, the Inspectorate of the State Bank, the Inspectorate of Cryptographic Services, and the Inspectorate of the provinces, the time for drafting the draft inspection conclusion shall not exceed twenty days, and may be extended up to thirty days in complex cases;
c) For inspections conducted by the Inspectorate established under international treaties and other inspectorates within the People's Army, the People's Public Security, and the State Bank of Vietnam, the time for drafting the draft inspection conclusion shall not exceed fifteen days, and may be extended up to twenty-five days in complex cases.
6. During the process of drafting the draft inspection conclusion, the person issuing the inspection decision may decide to seek opinions from relevant agencies, organizations, or individuals on one or several contents of the draft inspection conclusion. The agency, organization, or individual requested must provide a written response on the content sought for opinion within the deadline proposed by the person issuing the inspection decision.
Article 35. Reviewing the Draft Inspection Conclusion
1. The draft inspection conclusion of the Government Inspectorate, the Inspectorate of the Ministry of National Defense, the Inspectorate of the Ministry of Public Security, the Inspectorate of the State Bank, and the Inspectorate of the provinces must be reviewed before signing and promulgating. The review of the draft inspection conclusion of other inspectorates is carried out when necessary.
2. The person issuing the inspection decision examines and assigns a unit or individual (collectively referred to as the reviewer) to conduct the review of the draft inspection conclusion to ensure the purpose, requirements, and contents according to the inspection decision and the approved inspection plan. The assignment of the review of the draft inspection conclusion must be in writing, specifying the review period.
3. The reviewer has the right to request the Inspection Team to provide information and documents related to the review content; to prepare a report on the review results and to bear responsibility before the person issuing the inspection decision for the review results.
4. The person issuing the inspection decision is responsible for directing the examination and adoption of the review opinions and the completion of the draft inspection conclusion.
Article 36. Issuing Inspection Conclusions
1. Within fifteen days from the date of receiving the draft inspection conclusion, the person issuing the inspection decision shall sign to issue the inspection conclusion and bear responsibility for their own conclusions and recommendations. For the draft inspection conclusion of the Government Inspectorate, the deadline may be longer but not exceeding thirty days from the date of receiving the draft inspection conclusion.
The head of the state administrative agency at the same level has the responsibility to urge and inspect to ensure that the issuance of inspection conclusions is carried out within the prescribed time limit.
For draft inspection conclusions concerning cases related to national security, defense, important and complex cases under the direction and supervision of the Central Steering Committee on Anti-Corruption, Waste, and Negative Practices, the Provincial Steering Committee on Anti-Corruption, Waste, and Negative Practices, or upon request of the head of the state administrative agency at the same level, the person issuing the inspection decision must submit a written report to the head of the state administrative agency at the same level.
At the latest thirty days from the date of receiving the report, the head of the state administrative agency at the same level shall provide comments in writing on the reported content; if the head of the state administrative agency does not respond or does not have different opinions on the draft inspection conclusion, the person issuing the inspection decision shall immediately issue the inspection conclusion.
2. The inspection conclusion must ensure accuracy, objectivity, feasibility, and include the following main contents:
a) Evaluation of the implementation of policies, laws, tasks, and authorities assigned to the inspected entity;
b) Conclusion on the content of the inspection;
c) Clearly identifying the nature, extent, and consequences of the violation; causes and responsibilities of agencies, organizations, and individuals involved in the violation (if any);
d) Measures for handling within the authority and recommendations for solutions and measures to handle and mitigate consequences (if any) to ensure the interests of the State, the rights and legitimate interests of the inspected entity, and of relevant agencies, organizations, and individuals;
đ) Limitations and inadequacies of management mechanisms, policies, and laws related thereto and recommendations for improvement.
3. During the course of conducting inspections, the person issuing the inspection decision may issue inspection conclusions on contents that have been examined, verified, and have sufficient basis for conclusions, while continuing to conduct inspections on other contents in the inspection decision. An inspection may issue multiple inspection conclusions to meet timely management requirements.
4. Before making public the inspection conclusion, the person issuing the inspection decision may amend and supplement the issued inspection conclusion to ensure accuracy, objectivity, and feasibility.
5. After being made public, the inspection conclusion shall be sent to the head of the state administrative agency at the same level, the higher-level inspection agency, the inspected entity, and relevant agencies, organizations, and individuals.
Article 37. Publicizing Inspection Conclusions
1. At the latest ten days from the date of signing to issue the inspection conclusion, the person issuing the inspection decision shall be responsible for publicizing the inspection conclusion according to the form specified in point b, Clause 3 of this Article and one of the forms specified in points a, c, and d, Clause 3 of this Article.
2. The inspection conclusion must be publicized, except for contents classified as state secrets or other secrets as provided by law.
3. Forms of publicizing inspection conclusions:
a) Organizing a meeting to announce the inspection conclusion with participants including the person issuing the inspection decision, the inspection team, the inspected entity, and relevant agencies, organizations, or individuals, or organizing a press conference;
b) Publishing on the electronic portal of the inspection agency or the state administrative agency at the same level;
c) Announcing through at least one mass media outlet in the area where the inspection was conducted;
d) Posting at the workplace of the inspected agency or organization.
Chapter IV
DUTIES AND AUTHORITY OF THE PERSON CONDUCTING INSPECTIONS
Article 38. Duties and powers of the person issuing the inspection decision
1. The person issuing the inspection decision shall have the following duties and powers:
a) Directing, inspecting, and supervising the Inspection Team to implement the inspection decision contents and inspection plan accurately;
b) Requesting the inspected entity to provide information, documents, and reports or explanations on issues related to the inspection content; requesting relevant agencies, organizations, or individuals to provide information and documents on the inspection content;
c) Deciding on the request for expert appraisal on issues related to the inspection content;
d) Deciding or requesting the competent authority to decide on temporarily seizing assets, licenses, or certificates of practice being used illegally;
đ) Suspending or recommending the competent authority to suspend illegal acts;
e) Requesting financial institutions to freeze the accounts of the inspected entity; proposing relevant agencies with the authority to take measures to prevent the inspected entity from destroying or disposing of assets improperly or to ensure the implementation of asset recovery decisions made by the head of the inspection agency or the head of the state management agency;
g) Deciding on inventorying assets;
h) Deciding on recovering assets that have been embezzled, retained, used illegally, or lost;
i) Recommending the competent authority to temporarily suspend the execution of disciplinary decisions, job transfers, dismissals, or retirements of the inspected entity or individuals providing information or documents on the inspection content if it is believed that such actions hinder the inspection process;
k) Recommending the competent authority to temporarily suspend the work and handle public officials, civil servants, or employees who intentionally obstruct the inspection process or fail to comply with inspection requests, recommendations, or decisions;
l) Deciding on handling within their authority or recommending the competent authority to handle the inspection results; supervising and urging the implementation of inspection handling decisions;
m) Resolving complaints, accusations, recommendations, or reflections related to the responsibility of the Head of the Inspection Team or members of the Inspection Team;
n) Suspending or changing the Head of the Inspection Team or members of the Inspection Team;
o) Issuing the inspection conclusion;
p) Transferring case files with signs of criminal offenses and related documents along with the indictment recommendation to the investigation agency;
q) Recommending administrative penalties or imposing administrative penalties according to the laws on handling administrative violations;
r) Performing other duties and powers as prescribed by law;
2. When the application of measures provided for in points d, đ, e, i, and k of Clause 1 of this Article is no longer necessary, the person issuing the inspection decision must immediately decide to revoke or recommend revoking the application of those measures;
Article 39. Duties and powers of the Head of the Inspection Team
1. The Head of the Inspection Team shall have the following duties and powers:
a) Organizing and directing members of the Inspection Team to implement the inspection decision contents and approved inspection plans accurately;
b) Recommending the person issuing the inspection decision to apply measures within their authority according to this Law and other relevant laws to ensure the fulfillment of inspection requirements and objectives;
c) Requesting the inspected entity to provide information, documents, and reports or explanations on issues related to the inspection content; requesting relevant agencies, organizations, or individuals to provide information and documents on the inspection content;
d) Requesting or recommending the competent authority to decide on temporarily seizing assets, licenses, or certificates of practice being used illegally; requesting the competent authority to carry out temporary asset seizure and inventory;
đ) Requesting financial institutions to freeze the accounts of the inspected entity; proposing relevant agencies with the authority to take measures to prevent the inspected entity from destroying or disposing of assets improperly;
e) Deciding on sealing documents;
g) Deciding on inventorying assets;
h) Suspending or recommending the competent authority to suspend illegal acts;
i) Recommending the competent authority to temporarily suspend the execution of disciplinary decisions, job transfers, dismissals, or retirements of the inspected entity or individuals providing information or documents on the inspection content if it is believed that such actions hinder the inspection process;
k) Recommending administrative penalties or imposing administrative penalties according to the laws on handling administrative violations;
l) Reporting the inspection results to the person issuing the inspection decision and bearing responsibility for the accuracy, truthfulness, and objectivity of the report;
m) Performing other duties and powers as prescribed by law;
2. When the application of measures provided for in points d, đ, e, h, and i of Clause 1 of this Article is no longer necessary, the Head of the Inspection Team must immediately decide to revoke or recommend revoking the application of those measures.
Article 40. Duties and Authorities of Members of the Inspection Team
1. Members of the inspection team who are inspectors shall have the following duties and authorities:
a) Carry out tasks assigned by the head of the inspection team;
b) Requesting the inspected entity to provide information, documents, and reports or explanations on issues related to the inspection content; requesting relevant agencies, organizations, or individuals to provide information and documents on the inspection content;
c) Recommend administrative penalties or impose administrative sanctions according to the laws on handling administrative violations;
d) Recommend the head of the inspection team to apply measures within the scope of the head's duties and authorities as stipulated in Clause 1, Article 39 of this Law to ensure the completion of assigned tasks;
đ) Report to the head of the inspection team on the results of their assigned tasks, and bear responsibility before the head of the inspection team and the law for the accuracy, honesty, and objectivity of the reported content;
e) Perform other duties and authorities as prescribed by law.
2. Members of the inspection team who are not inspectors shall not have the duties and authorities specified in points a, d, đ, and e of Clause 1 of this Article.
Article 41. Requirements for Inspected Entities to Provide Information, Documents, and Reports
1. During the inspection process, the person issuing the inspection decision, the head of the inspection team, and members of the inspection team who are inspectors have the right to request inspected entities to provide information, documents, and written reports, and explain issues related to the inspection content.
2. Inspected entities have the obligation to provide timely, complete, and accurate information and documents, and bear responsibility under the law for the accuracy and honesty of the provided information and documents.
3. The person conducting the inspection has the responsibility to properly manage, utilize, and use information and documents for their intended purpose. For original documents, the person conducting the inspection must return them to the inspected entity after the inspection is completed.
Article 42. Requirements for Relevant Agencies, Organizations, and Individuals to Provide Information and Documents
1. During the inspection process, the person issuing the inspection decision, the head of the inspection team, and members of the inspection team who are inspectors have the right to request relevant agencies, organizations, and individuals to provide information and documents related to the inspection content.
2. Agencies, organizations, and individuals requested have the responsibility to provide timely, complete, and accurate information and documents, and bear responsibility under the law for the accuracy and honesty of the provided information and documents.
3. The person conducting the inspection has the responsibility to manage, utilize, and use information and documents in accordance with Clause 3 of Article 41 of this Law.
Article 43. Sealing of Documents
1. The head of the inspection team decides to seal part or all of the inspected entity’s documents when there is evidence that such documents are related to illegal acts or need to be preserved in their original state.
The decision to seal documents must be in writing, specifying the documents to be sealed, the sealing period, and the obligations of the inspected entity. Sealed documents must be listed in a catalog signed by representatives of the inspection team and the inspected entity.
2. The sealing period for documents shall not exceed the duration of the direct inspection at the inspected location. The exploitation and use of sealed documents must be approved by the head of the inspection team.
Article 44. Inventory of Assets
1. The person issuing the inspection decision or the Head of the Inspection Team decides to conduct an inventory of assets related to the inspection content when discrepancies, inconsistencies, or signs of misuse or appropriation of assets are discovered between records and actual conditions.
2. The decision to conduct an asset inventory must be in writing, specifying the assets, time, and location of the inventory, responsibilities of those conducting the inventory, and obligations of the inspected entity. An inventory record must be established, and if the assets need to be temporarily seized, the Head of the Inspection Team shall propose that the person issuing the inspection decision or the authorized person decide on temporary seizure according to Article 47 of this Law.
Article 45. Request for Expert Appraisal
1. When it is necessary to evaluate content related to specialized knowledge or technical matters as a basis for conclusions, the Head of the Inspection Team requests the person issuing the inspection decision to decide on requesting an expert appraisal. The request for an expert appraisal must be in writing, specifying the requirements, content, time frame, and the appraisal agency or organization.
2. The appraisal agency or organization requested must carry out the appraisal, report the results within the proposed timeframe by the inspection agency, and bear legal responsibility for the accuracy, objectivity, and timeliness of the appraisal results.
3. The cost of the expert appraisal is borne by the inspection agency. If the inspected entity has committed violations, the appraisal costs are borne by the inspected entity, except where otherwise provided by law.
4. The Government shall provide detailed regulations on this matter.
Article 46. Suspension of Violations
1. During the inspection process, when serious damage to state interests or legitimate rights and interests of organizations, entities, or individuals due to violation behavior is discovered, the person issuing the inspection decision or the Head of the Inspection Team decides to suspend such violation behavior or recommends that the competent authority issue a decision to suspend the violation behavior.
2. The decision to suspend violation behavior must be in writing, specifying the reasons, content, duration, and responsible parties.
Article 47. Temporary Seizure of Assets, Licenses, and Professional Certificates
1. During the inspection process, when illegal use of assets, licenses, or professional certificates needs immediate cessation or verification as evidence for conclusion and handling, the Head of the Inspection Team proposes that the person issuing the inspection decision or the authorized person decide on the temporary seizure of assets, licenses, or professional certificates.
2. The decision to temporarily seize must be in writing, specifying the assets, licenses, or professional certificates being seized, the duration of the seizure, the responsibilities of the person issuing the seizure decision, and the obligations of the entity whose assets, licenses, or professional certificates are being seized. The temporary seizure must be recorded in a protocol.
3. The preservation and custody of temporarily seized assets, licenses, or professional certificates are carried out in accordance with the provisions of the law.
Article 48. Requesting Financial Institutions to Freeze Accounts of Inspected Entities
1. When there is evidence that the inspected entity is disposing of assets or failing to comply with the decision to temporarily seize assets or the decision to recover assets by the authorized person as stipulated in Articles 47 and 49 of this Law, the person issuing the inspection decision requests the financial institution where the inspected entity has an account to freeze the account to facilitate the inspection.
2. During the inspection process, when there is evidence that the inspected entity is disposing of assets, the Head of the Inspection Team requests the financial institution where the inspected entity has an account to freeze the account to facilitate the inspection.
3. The request to freeze an account must be in writing, specifying the purpose of the freeze, the account holder, the date and duration of the freeze, and the responsibilities of the financial institution.
4. The financial institution where the inspected entity has an account is responsible for promptly and fully implementing the request to freeze the account and reporting in writing on the implementation of the freeze.
5. The Government shall provide detailed regulations on this matter.
Article 49. Recovery of property that has been illegally appropriated, detained, used contrary to the law, or lost due to illegal acts
1. The person issuing the inspection decision shall issue a decision to recover property when discovering that the inspected entity has engaged in acts of illegal appropriation, detention, unlawful use, or loss of state property, without waiting for the inspection conclusion, except where otherwise provided by law.
2. The decision to recover property must be in writing, specifying clearly the property to be recovered, the basis for recovery, the responsibilities of relevant agencies, organizations, and individuals, the time frame for implementation, and the responsibilities of the entity whose property is being recovered. The entity whose property is being recovered must strictly comply with the recovery decision.
The person issuing the recovery decision shall have the responsibility to monitor, inspect, and urge the implementation of the recovery decision.
3. The Government shall provide detailed regulations on this Article.
Chapter V
RIGHTS AND OBLIGATIONS OF THE INSPECTION OBJECT
SETTLEMENT OF COMPLAINTS, ACCUSATIONS, SUGGESTIONS, AND FEEDBACK
IN AUDIT ACTIVITIES
Article 50. Rights and obligations of the inspection object
1. The inspection object has the following rights:
a) To explain issues related to the content of the inspection;
b) To appeal against decisions and actions of the inspector during the inspection process; to make recommendations regarding the content of the inspection conclusion if they believe it is inaccurate; to make recommendations regarding overlapping or repetitive activities in the inspection process;
c) To request compensation for damages and restoration of other legitimate rights and interests according to the law;
d) An individual who is the inspection object has the right to report illegal actions of the inspector according to the law on reporting.
2. Obligations of the inspected object:
a) To comply with the inspection decision;
b) To provide timely, complete, and accurate information and documents as required by the inspector and bear legal responsibility for the accuracy and truthfulness of the information and documents provided;
c) To implement requests, recommendations, inspection conclusions, and decisions on handling inspections made by the inspector and competent authorities and individuals.
Article 51. Appeals, reports, recommendations, reflections, and resolution of appeals, reports, recommendations, and reflections on inspection activities
1. Appeals and their resolution in inspection activities shall be carried out as follows:
a) The head of the inspection agency shall resolve appeals concerning their own decisions and actions, those of the inspection team leader, and members of the inspection team, in accordance with the Government's regulations;
b) The head of the state management agency shall resolve appeals concerning their own inspection handling decisions and those of agencies and individuals under their direct management, in accordance with the law on appeals.
2. Reports and their resolution regarding inspection activities shall be carried out in accordance with the law on reports.
3. Recommendations regarding the content of the inspection conclusion; recommendations and reflections on inspection activities, and the resolution of recommendations and reflections shall be implemented in accordance with the Government's regulations.
Chapter VI
IMPLEMENTATION OF INSPECTION CONCLUSIONS
Article 52. Responsibilities of the Head of the Inspection Agency
1. The head of the inspection agency must submit a recommendation letter to the head of the state management agency at the same level to instruct the implementation of the content of the inspection conclusion in accordance with Clause 1 of Article 53 of this Law.
The recommendation letter must be sent simultaneously with the inspection conclusion, proposing methods and measures to organize the implementation of recommendations in the inspection conclusion within the jurisdiction of the head of the state management agency at the same level.
2. The head of the inspection agency must report the results of implementing the inspection conclusion to the head of the state management agency at the same level.
Article 53. Responsibilities of the Head of the State Administrative Management Agency
1. The Head of the State Administrative Management Agency at the same level shall be responsible for directing the implementation of the inspection conclusion as follows:
a) Within fifteen days from the date of receipt of the inspection conclusion, the Head of the State Administrative Management Agency at the same level must issue a directive on the implementation of the inspection conclusion, except in cases provided for in point b of this clause;
b) For the inspection conclusion of the Government Inspectorate, within thirty days from the date of receipt of the inspection conclusion,
2. The directive on the implementation of the inspection conclusion shall include the following contents:
a) Handling or requesting, recommending the competent agency or person to handle economic violations;
b) Handling or requesting, recommending the competent agency or person to handle agencies, organizations, and individuals who have violated the law;
c) Applying or requesting, recommending the competent agency or person to apply measures to rectify, improve mechanisms, policies, and laws.
3. The Head of the State Administrative Management Agency at the same level with the inspection agency shall consider and resolve difficulties and obstacles in implementing the inspection conclusion to ensure the effectiveness of state management.
Article 54. Responsibilities of the Inspected Object, the Head of the Directly Managing Agency or Organization, and Related Agencies, Organizations, and Individuals
1. The inspected object must develop and implement a plan to implement the inspection conclusion, ensuring completeness, timeliness, and compliance with deadlines. The plan shall clearly specify measures to rectify economic violations, handle responsibilities of organizations and individuals who have violated the law as stated in the inspection conclusion; progress in implementation and reporting results to the agency issuing the inspection conclusion. For contents in the inspection conclusion that cannot be implemented immediately, within ten days from the date of publicizing the inspection conclusion, the inspected object must report to the competent authority, specifying the progress and explaining the reasons.
During the implementation of the inspection conclusion, if there are difficulties or obstacles, they must report to the agency issuing the inspection conclusion for consolidation and reporting to the Head of the State Administrative Management Agency at the same level with the inspection agency for consideration and resolution according to regulations.
2. Within fifteen days from the date of publicizing the inspection conclusion, based on the contents in the inspection conclusion, the implementation plan of the inspection conclusion, requests, recommendations, and decisions on handling inspections, the head of the directly managing agency or organization of the inspected object shall be responsible for the following:
a) Fully, promptly, and timely implement requests, recommendations, and decisions on handling inspections within their scope of responsibility;
b) Promptly direct the inspected object to organize the implementation of the inspection conclusion, requests, recommendations, and decisions on handling inspections;
c) Apply measures within their authority to resolve difficulties and obstacles of the inspected object during the implementation of the inspection conclusion, requests, recommendations, and decisions on handling inspections;
d) Check the development of plans to implement the inspection conclusion by the inspected object.
3. The inspected object, the head of the directly managing agency or organization of the inspected object, and related agencies, organizations, and individuals shall be responsible for reporting the results of implementing the inspection conclusion to the competent authority and the Head of the Inspection Agency.
Article 55. Supervision, Urging, and Inspection of the Implementation of Audit Conclusions
1. Within their respective duties and authorities, the Heads of audit agencies and Heads of state administrative bodies at the same level shall be responsible for directing the supervision, urging, and inspection of the implementation of audit conclusions and promptly addressing arising issues.
The audit agency shall be responsible for supervising, urging, and inspecting the implementation of audit conclusions and decisions on handling audits issued by itself and by the Head of the state administrative body at the same level.
2. Those responsible for supervising, urging, and inspecting the implementation of audit conclusions who fail to organize such activities or do not fully implement them shall be subject to responsibility assessment according to the provisions of the law.
The audited entity, organizations, and individuals who fail to implement or do not fully or timely implement shall be subject to disciplinary action, administrative penalties, or criminal liability pursuit, if causing damage, they must compensate according to the provisions of the law depending on the nature and degree of violation.
3. The Government shall provide detailed regulations on this Article.
Chapter VII
COOPERATION IN AUDIT ACTIVITIES, STATE AUDITING, INVESTIGATION, PROSECUTION, AND INSPECTION
STATE AUDITING, INVESTIGATION, PROSECUTION, AND INSPECTION
Article 56. Cooperation in audit activities and state auditing
1. The audit agency and the state auditing agency shall be responsible for cooperating to ensure the effectiveness of audit activities and state auditing activities.
2. The General Inspector of the Government and the State Auditor General shall direct cooperation during the process of building and implementing audit plans and state auditing plans; handling overlaps and repetitions between audit activities and state auditing activities; exchanging information about audits and state audits; utilizing audit results; training and enhancing audit and state auditing skills.
3. The Chief Inspector of the Ministry of National Defense, the Chief Inspector of the Ministry of Public Security, the Chief Inspector of the State Bank, the Chief Inspectors of provinces, the Heads of units under the General Inspectorate of the Government, and the Heads of units under the State Audit Office shall be responsible for cooperation in activities, regularly exchanging to avoid overlaps and repetitions when conducting audits and state audits.
In cases where overlapping or repetitive content and scope of audits are found with the state auditing agency, the Heads of audit agencies and units shall cooperate with the Heads of state auditing agencies and units to develop appropriate solutions to avoid overlaps and repetitions, ensuring that the activities of an organization or individual are only the subject of one audit agency or state auditing agency.
4. During the process of conducting audits and state audits or before issuing audit conclusions and state audit reports, the audit agency and the state auditing agency may consult each other on necessary contents to ensure accurate, objective, and comprehensive audit conclusions and state audit reports.
The audit agency has the right to use information, data, and conclusions from state audit reports for its audit conclusions. The state auditing agency has the responsibility to provide audit results, conclusions, and audit recommendations to the audit agency and is accountable for the accuracy of the provided information and documents.
5. Annually, the General Inspectorate of the Government and the State Audit Office shall evaluate and summarize the handling of overlaps and repetitions between audit activities and state auditing activities to address them when planning and implementing audit and state auditing activities for the following year.
Article 57. Coordination in Inspection, Investigation, and Prosecution Activities
1. Inspection agencies, investigation agencies, and the Prosecutor's Office shall be responsible for coordinating, exchanging, and providing information on violations of laws and crimes discovered through inspection activities based on their functions, tasks, and powers as prescribed by law; they shall promptly exchange information and results of prosecution initiation requests transferred from inspection agencies to investigation agencies and the Prosecutor's Office.
2. Investigation agencies shall be responsible for receiving prosecution initiation documents, case files, and information about cases transferred from inspection agencies for handling in accordance with the provisions of criminal procedure law.
3. Inspection agencies shall not inspect matters within the scope of civil enforcement supervision and administrative enforcement supervision by the Prosecutor's Office.
Article 58. Coordination in Inspection and Supervision Activities
1. Inspection agencies and state management agencies shall be responsible for coordinating to enhance the effectiveness of inspection and supervision activities aimed at promptly detecting and addressing acts violating the law, contributing to improving and enhancing the effectiveness of state management.
2. When conducting inspection and supervision activities, if there is overlap or duplication, the inspection agency and the supervisory agency shall coordinate to handle it; if consensus cannot be reached, the inspection agency shall proceed with the inspection.
3. Through supervision work, if it is necessary to conduct an inspection to clarify signs of violation of the law, a state agency may request or propose that the competent inspection agency conduct an inspection.
Chapter VIII
CONDITIONS FOR INSPECTION ACTIVITIES
Article 59. Budget for Inspection Agency Operations; Regulations and Policies for Inspectors
1. The budget for inspection agency operations shall be guaranteed by the state budget.
2. Management, allocation, and use of the budget for inspection agencies shall be carried out in accordance with the provisions of the state budget law.
3. Inspection agencies may allocate a portion of funds recovered or identified through inspections after being deposited into the state budget according to the regulations of the Standing Committee of the National Assembly to fund their operations and improve their capacity.
4. Regulations, policies, and allowances for Inspectors shall be stipulated by the Government.
Article 60. Modernization of Inspection Activities
1. The State shall have investment policies to develop science and technology and other means to ensure the organization and operation of inspection agencies; establish databases to serve inspection work; apply information technology and digital technology in inspection activities; set standards for inspections to ensure quality, efficiency, feasibility, legality, transparency, and openness in inspection activities.
2. Heads of state management agencies shall be responsible for ensuring conditions to strengthen inspection activities and promote professional, standardized, and gradually modernized inspection activities, contributing to enhancing the effectiveness of state management.
Chapter IX
IMPLEMENTING PROVISIONS
Article 61. Specialized Supervision Activities of State Management Agencies; Organization and Internal Inspection Activities of the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office
1. Heads of state management agencies shall organize the supervision of compliance with policies and laws by agencies, organizations, and individuals under their jurisdiction as prescribed by law. During the supervision process, if violations are found, measures shall be applied or recommended to the competent state authority to address the violations promptly according to the law; if necessary, they may request or propose that the competent authority conduct an inspection; if there are signs of crime, they shall recommend prosecution and transfer relevant case files and materials to the investigation agency for consideration and decision on initiating criminal proceedings according to the law.
2. The Government shall stipulate specialized supervision activities of state management agencies, except where laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly provide otherwise.
3. The organization and internal inspection activities of the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office shall be implemented in accordance with the law.
Article 62. Amending and supplementing certain provisions of laws, resolutions of the National Assembly and other regulatory legal documents related to inspection
1. Repeal the following articles, clauses, points, and phrases from laws and resolutions of the National Assembly:
a) Repeal Article 101 of the Law on Inland Waterway Transport No. 23/2004/QH11 which has been amended and supplemented by Laws No. 48/2014/QH13, No. 97/2015/QH13, No. 35/2018/QH14, and No. 44/2019/QH14;
b) Repeal Article 10 of the Law on Information Technology No. 67/2006/QH11 which has been amended and supplemented by Laws No. 21/2017/QH14 and No. 20/2023/QH15;
c) Repeal Article 7 of the Law on Physical Education and Sports No. 77/2006/QH11 which has been amended and supplemented by Law No. 26/2018/QH14;
d) Repeal Article 44 of the Law on Dikes No. 79/2006/QH11 which has been amended and supplemented by Laws No. 15/2008/QH12, No. 35/2018/QH14, No. 60/2020/QH14, No. 18/2023/QH15, and No. 47/2024/QH15;
đ) Repeal the phrase "Inspection," at point e clause 2 Article 5; repeal Article 7 of the Law on Radio Frequency Spectrum No. 42/2009/QH12 which has been amended and supplemented by Law No. 09/2022/QH15;
e) Repeal the phrase "Inspection," at point e clause 1, point d clause 2 Article 62, clause 6 Article 63, clause 7 Article 64; repeal Article 66 of the Law on Food Safety No. 55/2010/QH12 which has been amended and supplemented by Law No. 28/2018/QH14;
g) Repeal the phrase ", inspection offices, district, town, city under province inspections" at clause 3 Article 63 of the Law on Complaints No. 02/2011/QH13 which has been amended and supplemented by Law No. 42/2013/QH13;
h) Repeal Article 50; the phrase "Director of the Ministry of Science and Technology Inspection Office," at clause 5 Article 52; the phrase "Inspection," at clause 8 Article 54 of the Law on Metrology No. 04/2011/QH13 which has been amended and supplemented by Law No. 35/2018/QH14;
i) Repeal the phrase "inspection," at clause 6 Article 162; repeal Article 165 of the Law on Construction No. 50/2014/QH13 which has been amended and supplemented by Laws No. 03/2016/QH14, No. 35/2018/QH14, No. 40/2019/QH14, No. 62/2020/QH14, No. 45/2024/QH15, No. 47/2024/QH15, No. 55/2024/QH15, and No. 61/2024/QH15;
k) Repeal the phrase "Inspection of budget usage, recruitment, employment, management, implementation of policies for civil servants, public officials, and workers in the civil execution system;" at point e clause 1 Article 167 of the Law on Civil Execution No. 26/2008/QH12 which has been amended and supplemented by Laws No. 64/2014/QH13, No. 23/2018/QH14, No. 67/2020/QH14, No. 03/2022/QH15, No. 31/2024/QH15, and No. 43/2024/QH15;
l) Repeal the phrase "Inspection," at point m clause 2 Article 71; repeal Article 72 of the Law on Vocational Education No. 74/2014/QH13 which has been amended and supplemented by Laws No. 97/2015/QH13, No. 21/2017/QH14, and No. 43/2019/QH14;
m) Repeal Article 62 of the Law on Beliefs and Religions No. 02/2016/QH14;
n) Repeal the phrase ", Director of provincial inspection office, Director of district inspection office" at clause 1 Article 32 of the Law on Accusation No. 25/2018/QH14 which has been amended and supplemented by Law No. 59/2020/QH14;
o) Repeal the phrase "Inspection," at point l clause 2 Article 57; repeal point a clause 1 Article 59 of the Law on Surveying and Mapping No. 27/2018/QH14;
p) Repeal the phrase "inspection," at clause 15 Article 191; repeal Article 192 of the Law on Housing No. 27/2023/QH15 which has been amended and supplemented by Law No. 43/2024/QH15;
q) Repeal Article 82 of the Law on Water Resources No. 28/2023/QH15;
r) Repeal the phrase "inspection," at point a clause 5 Article 190, clause 3 Article 234 of the Law on Land No. 31/2024/QH15 which has been amended and supplemented by Laws No. 43/2024/QH15, No. 47/2024/QH15, and No. 58/2024/QH15;
s) Repeal the phrase "specialized inspection regarding social insurance contributions, unemployment insurance contributions, health insurance contributions;" at clause 1 Article 16; the phrase "Specialized inspection regarding social insurance contributions, unemployment insurance contributions, health insurance contributions." at clause 5 Article 17; the phrase "inspection," at clause 5 Article 136; the phrase "inspection," at clause 2, clause 6 Article 137 of the Law on Social Insurance No. 41/2024/QH15;
t) Repeal the phrase "inspection," at point i clause 2 Article 90; repeal Article 92 of the Law on Cultural Heritage No. 45/2024/QH15;
u) Repeal clause 1 and clause 2 Article 7 of Resolution No. 190/2025/QH15.
2. In cases where laws, resolutions of the National Assembly, and other regulatory legal documents have provisions on the organization and operation of inspection that are not consistent with this Law, such provisions must be amended and supplemented before March 1, 2027, to align with the provisions of this Law. During the period when laws and resolutions of the National Assembly have not yet been amended and supplemented, they shall be implemented according to the provisions of this Law.
Article 63. Effective Date
1. This Law shall take effect from July 1, 2025.
2. The Inspection Law No. 11/2022/QH15 ceases to be effective from the date this Law comes into force, except for the provisions at clause 1 and clause 3 Article 64 of this Law.
3. The Government shall provide detailed regulations for the provisions assigned and guide the implementation of this Law.
Article 64. Transitional Provisions
1. Inspections with inspection decisions issued before the effective date of this Law but without inspection conclusions shall continue to be carried out in accordance with the provisions of the Inspection Law No. 11/2022/QH15.
In cases where inspections are ongoing or have completed direct inspections but have not issued inspection conclusions, the inspection team shall continue to perform their tasks, draft inspection conclusions, and submit them to the head of the inspection agency for review and issuance of inspection conclusions after organizational restructuring.
For inspections conducted by the Inspection Bureau, the Vietnam Social Security Inspection Bureau, and specialized inspection agencies that have concluded their activities, the heads of the agencies receiving the functions, duties, and powers of specialized inspection shall review and issue inspection conclusions.
2. Regarding monitoring, urging, and inspecting the implementation of inspection conclusions and decisions on handling inspections:
a) After organizational restructuring, if state agencies no longer have inspection organizations, the heads of these agencies shall assign subordinate units to monitor, urge, and inspect the implementation of inspection conclusions and decisions on handling inspections, except in the cases specified in points b and c of this clause;
b) As for the inspection conclusion of the District Inspectorate, the Provincial Inspectorate shall monitor, urge, and inspect the implementation thereof;
c) As for the inspection conclusion of the agency entrusted with the specialized inspection function, the previous agency entrusted with the specialized inspection function shall monitor, urge, and inspect the implementation thereof;
d) In cases where organizations or individuals must implement the inspection conclusion and the administrative decision on inspection but cease operations, the organization or individual assuming the functions, tasks, and authorities shall be responsible for implementing them.
3. Complaints, reports, proposals, and reflections regarding ongoing inspections being resolved under the Inspection Law No. 11/2022/QH15 shall continue to be handled by the agency assuming the functions, tasks, and authorities, and the previous agency entrusted with the specialized inspection function.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 15th term, Ninth Session adopted on June 25, 2025.
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