Chương V Luật Thanh tra 2022: Thực hiện kết luận thanh tra

Chapter V

IMPLEMENTATION OF SPECTION CONCLUSION

Article 102. Responsibility of the head of the inspection authority in issuance of inspection conclusion

1. The head of the inspection authority shall make a written recommendation to the head of the management agency at the same level to direct the implementation of contents of inspection conclusion.

The written recommendation and the inspection conclusion shall be sent at the same time. In particular, the methods and measures shall be proposed to organize the implementation of the recommendations in inspection conclusion under handling competence of the head of the management agency at the same level.

2. The head of the inspection authority shall report the result of implementation of the inspection conclusion to the head of the management agency at the same level.

Article 103. Responsibility of the head of the state management agency

1. The Prime Minister, the ministers, the presidents of the People's Committees of provinces and the presidents of the People's Committee of districts shall direct the implementation of inspection conclusions of the Government Inspectorate, the ministerial inspectorates, the provincial inspectorates and the district inspectorates.

Director General, Directors and Directors of provincial-level departments shall direct implementation of inspection conclusions of sub-ministerial inspectorates and inspectorates of provincial-level departments;

2. Within 15 days from the date of receipt of the inspection conclusion, the head of the state management agency at the same level shall issue a document on organization of the implementation of the inspection conclusion of the inspection agency. With regard to conclusion of Government Inspectorate, the Prime Minister shall issue a document on organization of the implementation within 30 days from the date of receipt of the inspection conclusion. A document on organization of inspection conclusion contains the following contents:

a) Handling or request, recommendation to the competent state agency for handling of such violations;

b) Handling or request, recommendation to the competent state agency for handling of officials or public employees who commit violations

c) Implementation or request, recommendation to the competent state agency for implementation of remedial measures, completion of mechanisms, policies and laws

3. In case of direction of the implementation of inspection conclusions, the Prime Minister, the ministers, General Directors, Directors, the presidents of the People's Committees of provinces, Directors of provincial-level departments, the presidents of the People's Committees of district shall be entitled to request the inspected entities to submit the plans to remedy economic violations, assign person who issue inspection conclusions and the heads of relevant agencies and units to consider and submit for approval for the plans to remedy economic violations in order to ensure the thorough recall of state money and assets, and create conditions for the inspected entities to continue to maintain and develop production and trade.

4. The Prime Minister, the ministers, General Directors, Directors, the presidents of the People's Committees of provinces, Directors of provincial-level departments, the presidents of the People's Committees of districts shall assign agencies and units that take charge of organization and officials to preside over and cooperate with supervisory authorities of officials and public employees in handling officials and public employees who commit violations stated in the inspection conclusions; assign Government Inspectorate, the ministerial inspectorates, the provincial inspectorates and the district inspectorates to monitor and urge the implementation.

If the heads of supervisory authorities of officials and public employees fail to take actions officials and public employees who commit violations or fail to take actions that are appropriate for the nature and extent of their violations, the Prime Minister, the ministers, the presidents of the People's Committees of provinces, the presidents of the People's Committees of districts shall hold the heads of these supervisory authorities accountable.

Article 104. Responsibilities of inspected entities, the heads of agencies or organizations that directly manage inspected entities and relevant agencies, organizations and individuals

1. The inspected entity shall implement the inspection conclusion in a complete and prompt manner before the deadline.

With regard to contents of the inspection conclusion that cannot be immediately implemented, within 10 days from the date of publishing the inspection conclusion, the inspected entity shall develop a plan for implementation of the inspection conclusion and submit it to the competent person. In particular, the progress and reasons shall be clearly stated.

2. Within 15 days from the date of publishing the inspection conclusion, according to the contents of the inspection conclusion, document on organization of the implementation of the inspection conclusion, requests, recommendations and inspection-related decisions, the head of agency or organization that directly manages the inspected entity shall:

a) Completely, promptly and punctually fulfill requests, recommendations and inspection-related decisions within the scope of his/her responsibility;

b) Promptly direct the inspected entity to organize implementation of inspection conclusion, requests, recommendations and inspection-related decisions;

c) Adopt measures according to his/her competence to solve difficulties and problems of the inspected entity during the implementation of inspection conclusion, requests, recommendations and inspection-related decisions;

d) Examine the development of the plan for implementation of inspection conclusion of the inspected entity.

3. The inspected entity, the head of agency or organization that directly manages the inspected entity and relevant agencies, organizations and individuals shall be responsible for report on the  result of implementation of inspection conclusion to the competent authority and the head of the inspection authority.

Article 105. Monitoring, urging and examining the implementation of inspection conclusion

1. The heads of inspection authorities, the heads of state management agencies at the same level shall, within the scope of their tasks and powers, monitor, urge, examine and publish the implementation of inspection conclusions and promptly handle problems.

2. The Government Inspectorate shall monitor, urge and examine the implementation of its inspection conclusion and inspection-related decision and the inspection conclusion and inspection-related decision of the Prime Minister.

The ministerial inspectorates, the sub-ministerial inspectorates, the provincial inspectorates, the inspectorates of provincial-level departments and the district inspectorates shall monitor, urge and examine the implementation of their inspection conclusions and inspection-related decisions and the inspection conclusions and inspection-related decisions of the heads of state management agencies at the same level.

3. The inspection authority shall directly examine the implementation of inspection conclusions and inspection-related decisions of the inspected entity and relevant agencies, organizations and individuals.

4. The Government elaborates this Article.

Article 106. Handling of violations in implementation of inspection conclusions

1. The persons who are responsible for monitoring, urging and examining the implementation of inspection conclusions but fail to perform or fully perform their duties shall be held accountable in accordance with the law.

2. The inspected entities, agencies, organizations and individuals that are responsible for implementation of inspection conclusions and inspection-related decisions but fail to perform or fully perform their duties shall, according to the nature and danger of their violations, incur disciplinary and administrative penalties or face criminal prosecution. In case of damage, they must pay compensation according to regulations of the law.

3. The Government elaborates the handling of violations in implementation of inspection conclusions

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