Luật Thanh tra 2004 số 22/2004/QH11

THE NATIONAL ASSEMBLY -----------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------------
No. 22/2004/QH11	Hanoi, June 15, 2004

 

LAW

ON INSPECTION

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the X^th National Assembly, the 10^th session;
This Law prescribes the inspection.

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Law prescribes the organization and activities of the State’s inspection and people’s inspection.

Article 2.- Scope of inspection

The State inspection agencies inspect the implementation of policies and laws, the performance of tasks by agencies, organizations or individuals under the management of State management agencies of the same level.

The people’s inspection boards supervise the implementation of policies and laws, the settlement of complaints and denunciations, the implementation of the grassroots democracy regulation by responsible agencies, organizations and individuals in communes, wards, district townships, State agencies, non-business units and State enterprises.

Article 3.- Inspection purposes

Inspection activities aim to prevent, detect and handle acts of law violation; detect loopholes in the management mechanisms, policies and laws, then propose remedial measures to competent State agencies; promote positive factors; contribute to raising the effectiveness and efficiency of State management activities; protect the State’s interests, rights and legitimate interests of agencies, organizations and individuals.

Article 4.- Interpretation of terms

In this Law, the following terms are construed as follows:

1. State inspection means the examination, assessment and handling by State management agencies of the implementation of policies and laws, the performance of tasks by agencies, organizations or individuals under their management according to the competence, order and procedures prescribed in this Law and other law provisions. The State inspection includes administrative inspection and specialized inspection.

2. Administrative inspection means inspection activities of State management agencies according to administrative levels over the implementation of policies and laws and the performance of tasks by agencies, organizations or individuals under their direct management.

3. Specialized inspection means inspection activities of State management agencies according to branches or domains over the implementation of laws, professional-technical regulations and/or management rules of branches and domains by agencies, organizations or individuals under their management.

4. People’s inspection means the form of people’s supervision through the people’s inspection boards over the implementation of policies and laws, the settlement of complaints and denunciations, the implementation of the grassroots democracy regulation by responsible agencies, organizations or individuals in communes, wards, district townships, State agencies, non-business units and State enterprises.

Article 5.- Principles of inspection activities

Inspection activities must comply with laws; ensure the accuracy, objectiveness, honesty, publicity, democracy and timeliness; not obstruct normal operations of agencies, organizations and individuals subject to the inspection.

Article 6.- Responsibilities of the heads of the State management agencies

The Prime Minister, the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the presidents of the People’s Committees of the provinces and centrally-run cities, the heads of the professional agencies under the People’s Committees of the provinces and centrally-run cities, the presidents of the People’s Committees of rural districts, urban districts, provincial capitals, provincial towns shall, within the ambit of their respective tasks and powers, have to organize and direct inspection activities, and promptly handle conclusions and proposals of inspection agencies.

Article 7.- Responsibilities of the heads of inspection agencies, the heads of inspection teams and inspectors

In inspection activities, the heads of inspection agencies, the heads of inspection teams and inspectors must comply with the provisions of this Law and other law provisions, and shall be held responsible before law for their acts and decisions.

Article 8.- Responsibilities and rights of agencies, organizations and individuals subject to inspection and the concerned agencies, organizations and individuals

1. Agencies, organizations and individuals subject to inspection shall have to execute inspection requests, petitions and decisions, may explain inspected contents, and have other rights and responsibilities according to this Law and other law provisions.

2. Agencies, organizations and individuals having information and documents related to the inspected contents must fully and promptly supply them at requests of the inspection agencies and take responsibility for the accuracy and truthfulness of the supplied information and documents.

Article 9.- Coordination between inspection agencies and concerned agencies and organizations

Inspection agencies shall, within the ambit of their tasks and powers, have to coordinate with the police, the procuracy and concerned agencies and organizations in preventing, detecting and handling law violation acts and crimes.

Article 10.- State inspection agencies

1. State inspection agencies include:

a/ Inspection agencies established according to administrative levels;

b/ Inspection agencies established at the branch- or domain-managing agencies.

2. The State inspection agencies submit to the personal direction of the heads of the State management agencies of the same level, and concurrently submit to the working, organizational and professional direction and guidance of the Government Inspectorate, as well as working and professional guidance of the superior inspection agencies.

Article 11.- People’s inspection boards

1. People’s inspection boards, which are established in communes, wards or district townships, shall be organizationally guided and operationally directed by Vietnam Fatherland Front Committees in such communes, wards or district townships.

People’s inspection boards, which are established in State agencies, non-business units or State enterprises, shall be organizationally guided and operationally directed by the grassroots Trade Union Executive Boards in such agencies, units or enterprises.

2. The presidents of the People’s Committees of communes, wards or district townships, the heads of the State agencies, non-business units and State enterprises shall have to create favorable conditions for the people’s inspection boards to perform their tasks.

Article 12.- Prohibited acts

1. Abusing positions or inspection powers to commit illegal acts, to harass for bribes, or cause difficulties and troubles for inspected subjects.

2. Conducting inspection beyond the competence, scope or contents stated in inspection decisions.

3. Intentionally making untruthful conclusions, illegal decisions or handling, covering up persons who commit acts of law violation.

4. Disclosing information and/or documents on inspected contents in the inspection process when no official conclusion is made yet.

5. Supplying inaccurate and untruthful information or documents; appropriating or destroying documents or material evidences related to inspected contents.

6. Opposing, obstructing, buying off, avenging or bullying persons performing inspection tasks or supplying information or documents for inspection activities; causing difficulties for inspection activities.

7. Illegally intervening in inspection activities.

8. Other acts strictly prohibited by law in inspection activities.

Chapter II

ORGANIZATION, TASKS AND POWERS OF STATE INSPECTION AGENCIES

Section 1. INSPECTION AGENCIES ORGANIZED ACCORDING TO ADMINISTRATIVE LEVELS

Article 13.- Organization of inspection agencies according to administrative levels

Inspection agencies organized according to administrative levels include:

1. The Government Inspectorate;

2. Inspectorates of the provinces or centrally-run cities (collectively called provincial inspectorates);

3. Inspectorates of rural districts, urban districts, provincial capitals or provincial towns (collectively called district inspectorates).

Article 14.- The Government Inspectorate

1. The Government Inspectorate is an agency of the Government, answerable to the Government for performing the State management over inspection work and performing and exercising the inspection tasks and powers within the Government’s State management scope.

2. The Government Inspectorate consists of the Inspector General, Deputy Inspector General and inspectors.

The Inspector General is a cabinet member recommended by the Prime Minister to the National Assembly for approval and to the State President for appointment, dismissal or removal from office. The Inspector General is answerable to the National Assembly and the Prime Minister for inspection work.

3. Structure and organizational apparatus of the Government Inspectorate are prescribed by the Government.

Article 15.- Tasks and powers of the Government Inspectorate

1. To inspect the implementation of policies and laws, the performance of tasks by the ministries, the ministerial-level agencies, the Government-attached agencies and the People’s Committees of the provinces or centrally-run cities.

2. To inspect cases related to the management responsibilities of many ministries, ministerial-level agencies, Government-attached agencies or People’s Committees of many provinces or centrally-run cities.

3. To inspect other cases assigned by the Prime Minister.

4. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

5. To perform the task of preventing and combating corruption according to law provisions against corruption.

6. To compile legal documents on inspection, complaints, denunciations or corruption combat, then submit them to competent authorities for promulgation or promulgate them according to its competence; to guide, propagate, examine or inspect the observance of law provisions on inspection, complaints, denunciations or corruption combat.

7. To direct and guide the inspection work, organization and professional operations; to provide professional inspection training to the contingent of officials and State employees engaged in inspection work.

8. To sum up and report on results of inspection and settlement of complaints and denunciations or corruption combat within the State management scope of the Government; to sum up experiences in inspection work.

9. To enter into international cooperation in inspection, settlement of complaints and denunciations and corruption combat.

10. To perform other tasks and powers as prescribed by law.

Article 16.- Tasks and powers of the Inspector General

1. To lead and direct the inspection work within the State management scope of the Government.

2. To work out inspection programs and plans, then submit them to the Prime Minister for decision, and organize the implementation thereof.

3. To propose to the Prime Minister for decision or to decide on his/her own the inspection upon detecting signs of law violations.

4. To request the ministers, the heads of the ministerial-level agencies (collectively called ministers), the presidents of the People’s Committees of the provinces or centrally-run cities to conduct inspection within the management scope of such ministries or ministerial-level agencies (collectively called ministries) or the People’s Committees of the provinces or centrally-run cities (collectively called the provincial-level People’s Committees).

5. To propose ministers to suspend the implementation of, or annul regulations promulgated by their ministries which are contrary to the legal documents of the State or the Inspector General on inspection work. If ministers refuse to suspend or annul such documents, he/she shall submit them to the Prime Minister for decision.

6. To suspend the implementation of, and request the Prime Minister to annul regulations of the provincial-level People’s Committees or the provincial-level People’s Committee presidents, which are contrary to the Inspector General’s documents on inspection work.

7. To propose the Prime Minister to examine liability and handle persons committing violation acts, who are under the Prime Minister’s management; to coordinate with the heads of agencies or organizations in examining liability and handle persons committing violation acts who are under the management of such agencies or organizations.

8. To examine inspection work-related matters on which the ministerial chief inspectors disagree with the ministers, or the provincial chief inspectors disagree with the provincial People’s Committee presidents, and request the ministers or the provincial People’s Committee presidents to re-examine them. In cases where the ministers or the provincial People’s Committee presidents refuse to re-examine or have made the re-examinations but the Inspector General disagrees therewith, he/she shall report such to the Prime Minister for decision.

9. Leaders of the Government Inspectorate shall perform the tasks and exercise the powers according to the provisions of this Law and other law provisions.

Article 17.- Provincial inspectorates

1. Provincial inspectorates are professional agencies under the provincial-level People’s Committees, having the responsibility to assist the People’s Committees of the same level in inspection work, and performing and exercising the administrative inspection tasks and powers within the State management scope of the provincial-level People’s Committees.

2. A provincial inspectorate consists of chief inspector, deputy chief inspector and inspectors.

Provincial chief inspectors shall be appointed, dismissed or removed from office by the presidents of the People’s Committees of the same level after reaching agreement with the Inspector General.

3. Provincial inspectorates directly submit to the direction by the People’s Committees of the same level and concurrently submit to the working, organizational and professional direction and guidance by the Government Inspectorate.

Article 18.- Tasks and powers of provincial inspectorates

1. To inspect the implementation of policies and laws, the performance of tasks by the People’s Committees of rural districts, urban districts, provincial capitals or provincial towns (collectively called district-level People’s Committees), or the professional agencies of the provincial-level People’s Committees (collectively called provincial services).

2. To inspect cases and matters related to responsibilities of many People’s Committees of rural districts, urban districts, provincial capitals, provincial towns or many provincial services.

3. To inspect other cases and matters assigned by the provincial-level People’s Committee presidents.

4. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

5. To perform the task of preventing and combating corruption according to law provisions against corruption.

6. To guide administrative inspection work and professional operations; to coordinate with the concerned agencies and organizations in guiding regimes, policies towards, and organization and payrolls of, district inspectorates, inspectorates of professional agencies under the provincial-level People’s Committees (collectively called provincial services’ inspectorates).

7. To sum up and report on results of the inspection work and settlement of complaints and denunciations or corruption combat within the State management scope of the provincial-level People’s Committees.

8. To perform other tasks and powers as prescribed by law.

Article 19.- Tasks and powers of provincial chief inspectors

1. To lead and direct the inspection works within the State management scope of the provincial-level People’s Committees.

2. To work out inspection programs and plans, then submit them to the provincial-level People’s Committee presidents for decision, and organize the implementation thereof.

3. To propose the provincial-level People’s Committee presidents to decide on inspection when detecting signs of law violations.

4. To request the heads of the professional agencies of the provincial-level People’s Committees (collectively called provincial services’ directors) or the district-level People’s Committee presidents to conduct inspection within the management scope of the provincial services or district-level People’s Committees.

5. To propose the provincial-level People’s Committee presidents to examine liability and handle violators under the management of the provincial-level People’s Committee presidents; to coordinate with the heads of agencies or organizations in examining liability and handle violators under the management of such agencies or organizations.

6. To request the provincial-level People’s Committee presidents to settle matters related to inspection work. To report to the Inspector General in cases where such requests are not accepted.

7. To examine inspection-related matters on which the provincial services’ chief inspectors disagree with the services’ directors, or the district chief inspectors disagree with the district-level People’s Committee presidents, and request the provincial services’ directors or the district-level People’s Committee presidents to re-examine them. To report such to the provincial-level People’s Committee presidents for decision in cases where the provincial services’ directors or the district-level People’s Committee presidents refuse to re-examine or have made the re-examinations but the provincial chief inspectors disagree therewith.

8. To lead their provincial inspection agencies in performing and exercising the powers and tasks according to the provisions of this Law and other law provisions.

Article 20.- District inspectorates

1. District inspectorates are professional agencies under the district-level People’s Committees, having the responsibility to assist the People’s Committees of the same level in State management over inspection work, and performing and exercising the tasks and powers of administrative inspection within the State management scope of the district-level People’s Committees.

2. A district inspectorate consists of chief inspector, deputy chief inspector and inspectors.

District chief inspectors shall be appointed, dismissed or removed from office by the district-level People’s Committee presidents after reaching agreement with the provincial chief inspectors.

3. District inspectorates submit to the personal direction of the presidents of the People’s Committees of the same level, and concurrently submit to working and professional guidance in the administrative inspection of the provincial inspectorates .

Article 21.- Tasks and powers of district inspectorates

1. To inspect the implementation of policies and laws and the performance of tasks by the People’s Committees of communes, wards or district townships, or the professional agencies of the district-level People’s Committees.

2. To inspect cases and matters related to the responsibilities of People’s Committees of many communes, wards or district townships, or many professional agencies of the district-level People’s Committees.

3. To inspect other cases and matters assigned by the district-level People’s Committee presidents.

4. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

5. To perform the task of preventing and combating corruption according to law provisions against corruption.

6. To sum up and report on results of inspection work, settlement of complaints and denunciations or corruption combat within the management scope of the district-level People’s Committees.

7. To perform other tasks and powers as prescribed by law.

Article 22.- Tasks and powers of district chief inspectors

1. To lead and direct the inspection work within the State management scope of the district-level People’s Committees.

2. To work out inspection programs and plans, then submit them to the district-level People’s Committee presidents for decision, organize the implementation thereof.

3. To propose the district-level People’s Committee presidents to decide on the inspection when detecting signs of law violations.

4. To request of the heads of the professional agencies of the district-level People’s Committees to conduct inspection within the ambit of responsibility of such agencies.

5. To propose the district-level People’s Committee presidents to examine liability and handle violators under the management of the district-level People’s Committee presidents; to coordinate with the heads of agencies or organizations in examining liability and handling violators under the management of such agencies or organizations.

6. To request the district-level People’s Committee presidents to settle matters related to inspection work. In cases where such requests are not accepted, to report such to the provincial chief inspectors.

7. To lead their district inspectorates in performing and exercising the tasks and powers according to the provisions of this Law and other law provisions.

Section 2. INSPECTION AGENCIES ORGANIZED ACCORDING TO BRANCHES OR DOMAINS

Article 23.- Organization of inspection agencies according to branches or domains

1. Inspection agencies organized according to branches or domains include:

a/ Inspectorates of ministries or ministerial-level agencies (collectively called ministerial inspectorates). Ministerial inspectorates include administrative inspectorate and specialized inspectorate.

The Government-attached agencies with the function of State management according to branches and domains may establish their inspectorates. Organization, tasks and powers of inspectorates of the Government-attached agencies shall comply with those applicable to the ministerial inspectorates;

b/ Provincial services’ inspectorates

Provincial services’ inspectorates are established at provincial services performing the State management task according to the authorization of the People’s Committees of the same level or according to law provisions.

2. The Government specifies the organization of ministerial inspectorates and the establishment of provincial services’ inspectorates.

Article 24.- Ministerial inspectorates

1. Ministerial inspectorates are agencies of ministries, having the responsibility to assist ministers in the State management over inspection work, performing the tasks and powers of administrative inspection and specialized inspection in domains under the State management scope of ministries.

2. A ministerial inspectorate consists of chief inspector, deputy chief inspector and inspectors.

Ministerial chief inspectors are appointed, dismissed or removed from office by ministers after reaching agreement with the Inspector General.

3. Ministerial inspectorates submit to the personal direction of ministers and concurrently submit to the working, organizational and professional direction and guidance of the Government Inspectorate.

Article 25.- Tasks and powers of ministerial inspectorates

1. To inspect the implementation of policies and laws, the performance of tasks by agencies and units under the direct management of ministries.

2. To inspect the observance of specialized legislation by agencies, organizations and individuals within the scope of State management according to branches or domains under the charge of ministries.

3. To sanction administrative violations according to law provisions on handling of administrative violations.

4. To inspect other cases assigned by ministers.

5. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

6. To perform the task of preventing and combating corruption according to law provisions on corruption combat.

7. To provide professional guidance on specialized inspection to provincial services’ inspectorates; guide and inspect units attached to ministries in observing law provisions on inspection work.

8. To sum up and report on results of inspection work, settlement of complaints and denunciations, corruption combat within the State management scope of ministries.

9. To perform other tasks and powers as prescribed by law.

Article 26.- Tasks and powers of ministerial chief inspectors

1. To lead and direct inspection work within the State management scope of ministries.

2. To work out inspection programs and plans, then submit them to ministers for decision, and organize the implementation thereof.

3. To propose ministers to decide on the inspection when detecting signs of law violations.

4. To request ministers to temporarily suspend the execution of illegal inspection decisions of agencies and units under the direct management of ministries.

5. To sanction administrative violations according to law provisions on handling of administrative violations.

6. To request ministers to examine liability and handle violators under their respective management; to coordinate with the heads of agencies or organizations in examining liability and handle violators under management of such agencies or organizations.

7. To request ministers to settle matters related to inspection work. In cases where such requests are not accepted, to report such to the Inspector General.

8. To lead their ministerial inspectorates in performing the tasks and powers according to the provisions of this Law and other law provisions.

Article 27.- Provincial services’ inspectorates  

1. Provincial services’ inspectorates are agencies of provincial services, having the responsibility to assist directors of provincial services in performing the administrative inspection and specialized inspection tasks and powers within the ambit of tasks and powers of the provincial services’ directors.

2. A provincial service’s inspectorate consists of chief inspector, deputy chief inspector and inspectors.

Provincial services’ chief inspectors shall be appointed, dismissed or removed from office by the provincial services’ directors after reaching agreement with provincial chief inspectors.

3. Provincial services’ inspectorates shall submit to the personal direction of provincial services’ directors, and concurrently submit to the provincial inspectorates’ working and professional guidance on administrative inspection, and the ministerial inspectorates’ professional guidance on specialized inspection.

Article 28.- Tasks and powers of provincial services’ inspectorates

1. To inspect the implementation of policies and laws, the performance of tasks by agencies and units under the direct management of provincial services.

2. To inspect the observance of specialized legislation by agencies, organizations and individuals in management domains under the charge of provincial services.

3. To sanction administrative violations according to law provisions on handling of administrative violations.

4. To inspect other cases assigned by directors of provincial services.

5. To perform the task of settling complaints and denunciations according to law provisions on complaints and denunciations.

6. To perform the task of preventing and combating corruption according to law provisions on corruption combat.

7. To guide and inspect units under provincial services in observing law provisions on inspection work.

8. To sum up and report on results of inspection work, settlement of complaints and denunciations, corruption combat within the State management scope of provincial services.

9. To perform other tasks and powers as prescribed by law.

Article 29.- Tasks and powers of provincial services’ chief inspectors

1. To lead and direct inspection work within the State management scope of provincial services.

2. To work out inspection programs and plans, then submit them to directors of provincial services for decision, and organize the implementation thereof.

3. To propose directors of provincial services to decide on the inspection when detecting signs of law violations.

4. To request directors of provincial services to temporarily suspend the execution of illegal inspection decisions of units under the management of provincial services.

5. To sanction administrative violations according to law provisions on handling of administrative violations.

6. To request directors of provincial services to examine liability and handle violators under management of directors of provincial services.

7. To request directors of provincial services to settle matters related to inspection work. In cases where such requests are rejected, to report such to provincial chief inspectors.

8. To lead their provincial services’ inspectorates in performing and exercising tasks and powers according to the provisions of this Law and other law provisions.

Section 3. INSPECTORS, INSPECTION COLLABORATORS

Article 30.- Inspectors

Inspectors are State employees appointed to the inspection rank to perform the inspection tasks. Inspectors shall be provided uniforms and inspector’s cards.

The inspection rank, the appointment, dismissal and removal from office of inspectors shall be prescribed by the Government.

Article 31.- General criteria of inspectors

1. Persons appointed to the inspection rank must fully meet the following criteria:

a/ Being loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam; having good ethical qualities, good sense of responsibility, being incorruptible, honest, just and objective;

b/ Having university degree, and State management and legal knowledge; particularly, specialized inspectors must also have professional knowledge of their respective specialized branches;

c/ Having professional inspection skills;

d/ Having been engaged in inspection work for at least two years, for persons newly recruited into the inspection branch (excluding probation period); for officials and State employees transferred from other agencies or organizations to State inspection agencies, they must have been engaged in inspection work for at least one year.

2. Basing itself on the criteria prescribed in Clause 1 of this Article, the Government shall prescribe specific criteria for inspectors of each inspection rank.

Article 32.- Inspection collaborators

In inspection activities, inspection agencies may requisition collaborators.

Inspection collaborators are those having professional knowledge suitable to inspection tasks.

Specific criteria, regimes and responsibilities applicable to inspection collaborators; and the requisition of collaborators shall be prescribed by the Government.

Article 33.- Responsibilities of inspectors and inspection collaborators

When conducting inspection, inspectors or inspection collaborators must comply with law and be responsible before law for the performance of their assigned tasks. Inspectors shall also be responsible before the heads of the direct managing agencies for inspection tasks.

Inspectors and inspection collaborators who commit acts of law violation shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability. If damage is caused, compensations or indemnities therefor must be paid according to law provisions.

Chapter III

INSPECTION ACTIVITIES

Section 1. ADMINISTRATIVE INSPECTION ACTIVITIES

Article 34.- Administrative inspection forms

1. Administrative inspection activities are conducted in forms of programmed or planned inspection and unexpected inspection.

2. Programmed or planned inspection shall be conducted according to the approved programs or plans.

3. Unexpected inspection shall be conducted upon detecting signs of law violation by agencies, organizations or individuals, under requirements of the settlement of complaints and denunciations, or according to assignments by the heads of State management agencies.

Article 35.- Competence to approve inspection programs and plans; or decide on administrative inspection

The Prime Minister, the ministers, the presidents of the provincial-level People’s Committees, the presidents of the district-level People’s Committees, the directors of the provincial services defined in this Law shall have to approve inspection programs or plans of a year submitted by the Inspector General or chief inspectors of the same level by December 31 of the preceding year at the latest; and decide the inspection at requests of the Inspector General or chief inspectors of the same level.

Article 36.- Competence and grounds for issuing decisions on administrative inspection

1. Inspection activities shall be conducted only when inspection decisions are issued.

2. The heads of the inspection agencies shall issue inspection decisions and set up inspection teams to execute inspection decisions. When deeming it necessary, the heads of the State management agencies shall issue inspection decisions and set up inspection teams.

An inspection team consists of its leader and members.

3. The issuance of inspection decisions must be based on one of the following  grounds:

a/ Already approved inspection programs or plans;

b/ Requests of heads of State management agencies;

c/ Detection of signs of law violations.

Article 37.- Contents of administrative inspection decisions

1. An inspection decision must clearly state:

a/ Legal grounds for inspection;

b/ Inspected subjects, inspection contents, scope and tasks;

c/ Inspection duration;

d/ Leader and other members of the inspection team.

2. Within three days after the date of its signing, an inspection decision must be sent to inspected subjects, except for case of unexpected inspection.

Inspection decisions must be announced within 15 days after they are issued. The announcement of inspection decisions must be made in writing.

Article 38.- Administrative inspection duration

1. The duration for conducting an inspection is prescribed as follows:

a/ An inspection conducted by the Government Inspectorate shall last no more than 60 days. For complicated cases, such duration may be prolonged but must not exceed 90 days. For particularly complicated inspections which involve many domains and/or many localities, the inspection duration may be prolonged but must not exceed 150 days;

b/ An inspection conducted by a provincial inspectorate or a ministerial inspectorate shall last no more than 45 days. For complicated cases, such duration may be prolonged but not exceed 70 days;

c/ An inspection conducted by a district inspectorate or a provincial service’s inspectorate shall last no more than 30 days. In mountainous areas with difficult access, the inspection duration may be prolonged but not exceed 45 days.

2. Duration of an inspection shall be counted from the date of announcing the inspection decision to the date of ending the inspection at the inspected place.

3. The prolongation of inspection duration prescribed in Clause 1 of this Article shall be decided by persons competent to issue inspection decisions.

Article 39.- Tasks and powers of leaders of administrative inspection teams

1. In the course of inspection, the inspection team leaders shall have the following tasks and powers:

a/ To organize and direct their inspection team members to strictly comply with contents, subjects and duration stated in the inspection decisions;

b/ To propose the persons who have issued inspection decisions to apply measures according to their competence to ensure the fulfillment of the tasks of inspection teams;

c/ To request inspected subjects to supply information and documents, report in writing or explain matters related to the inspection contents. When necessary, they may conduct inventory of the inspected subjects’ assets related to inspection contents;

d/ To request agencies, organizations and individuals that have information and documents related to inspection contents to supply such information and documents;

e/ To request competent persons to temporarily seize money, objects or permits illegally granted or used when deeming it necessary to promptly prevent law violations or to verify circumstances to serve as proofs for conclusion or handling;

f/ To decide on sealing up documents of inspected subjects when having grounds to believe that there exist law violations;

g/ To temporarily suspend or propose competent persons to stop acts when deeming that such acts may cause serious damage to the interests of the State, rights and legitimate interests of agencies,  organizations and/or individuals;

h/ To propose competent persons to temporarily suspend the execution of decisions on disciplining, transfer to other jobs or retirement of persons being collaborators of inspection agencies or inspected subjects if deeming that the execution of such decisions may impede the inspection;

i/ To report to inspection-decision issuers on inspection results and take responsibility for the accuracy, truthfulness and objectiveness of such reports.

2. When deeming it unnecessary to apply measures prescribed at Point e, f, g and h, Clause 1 of this Article, the inspection team leaders may decide on, or request the immediate cancellation of such measures.

3. When performing the tasks and powers prescribed in Clause 1 of this Article, the inspection team leaders shall be held responsible before law for all their decisions. If committing acts of law violation, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability. If causing damage, they shall have to pay compensations or indemnities therefor according to law provisions.

Article 40.- Tasks and powers of members of administrative inspection teams   

1. In the course of inspection, inspectors being members of inspection teams shall have the following tasks and powers:

a/ To perform tasks assigned by their inspection team leaders;

b/ To request inspected subjects to supply information and documents, report in writing, or explain matters related to inspected contents; to request agencies, organizations or individuals that have information or documents related to inspected contents to supply such information or documents;

c/ To propose their inspection team leaders to apply measures within the ambit of the latter’s tasks and powers prescribed in Article 39 of this Law to ensure the fulfillment of their assigned tasks;

d/ To propose the handling of other matters related to inspected contents;

e/ To report on results of performance of their assigned tasks to their inspection team leaders, and take responsibility before law and their inspection team leaders for the accuracy, truthfulness and objectiveness of reported contents.

2. In the course of inspection, other members of inspection teams shall perform the tasks and powers prescribed at Point a, c, d and e, Clause 1 of this Article.

Article 41.- Reports on administrative inspection results

1. Within 15 days after the end of the inspection, the inspection team leaders must make written reports on inspection results. An inspection result report must have the following contents:

a/ Specific conclusion on each inspected content;

b/ Clear determination of nature and seriousness of violations, their causes, and responsibilities of agencies, organizations or individuals committing violation acts (if any);

c/ Divergence of opinions between the inspection team members and the inspection team leader on contents of inspection result report (if any);

d/ Handling measures which have been applied according to competence; proposed handling measures.

2. Inspection result reports shall be sent to inspection-decision issuers. In cases where inspection-decision issuers are heads of State management agencies, the inspection result reports shall also be sent to the heads of inspection agencies of the same level.

Article 42.- Tasks and powers of administrative-inspection decision issuers

1. Administrative-inspection decision issuers have the following tasks and powers:

a/ To direct and examine the inspection teams in their compliance with the contents and durations stated in inspection decisions;

b/ To request inspected subjects to supply information and documents, report in writing, or explain matters related to inspection contents; to request agencies, organizations or individuals that have information or documents related to inspection contents to supply such information or documents; 

c/ To solicit expertise assessments regarding matters related to inspection contents;

d/ To request competent persons to temporarily seize money, objects or permits illegally granted or used when deeming it necessary to promptly prevent law violations or to verify circumstances to serve as proofs for conclusion or handling;

e/ To temporarily suspend or propose competent persons to stop acts when deeming that such acts may cause serious damage to the interests of the State, the rights and legitimate interests of agencies,  organizations and/or individuals;

f/ To propose competent persons to temporarily suspend the execution of decisions on disciplining, transfer to other jobs or retirement of persons being collaborators of inspection agencies or inspected subjects if deeming that the execution of such decisions may impede the inspection;

g/ To propose competent persons to temporarily suspend from work and handle officials and State employees who intentionally obstruct the inspection or fail to execute inspection requests, proposals or decisions;

h/ To issue decisions on handling according to competence or propose competent persons to handle; to inspect and urge the execution of inspection handling decisions;

i/ To decide to recover money and assets which are appropriated, illegally used or lost due to law-breaking acts of inspected subjects according to law provisions;

j/ To settle complaints and denunciations related to responsibilities of leaders or other members of inspection teams;

k/ To make conclusions on inspection contents;

l/ To transfer dossiers of law violation cases to investigation agencies within 5 days after detecting criminal signs, and concurrently notify such in writing to the procuracies of the same level.

2. When deeming it unnecessary to apply measures prescribed at Points d, e, f and g, Clause 1 of this Article, the inspection-decision issuers shall have to decide on or propose the immediate cancellation of the application of such measures.

3. When performing the tasks and powers prescribed in Clause 1 of this Article, inspection-decision issuers shall be held responsible before law for all their decisions. If committing acts of law violation, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability. If causing damage, they shall have to pay compensations or indemnities therefor according to law provisions.

Article 43.- Inspection conclusions

1. Within 15 days after receiving inspection result reports, inspection decision issuers shall have to make written inspection conclusions. Inspection conclusions must have the following contents:

a/ Assessment of the implementation of policies and laws, the performance of tasks by inspected subjects, which are included in the inspection contents;

b/ Conclusions on inspected contents;

c/ Clear determination of nature and seriousness of violations, their causes and responsibilities of agencies, organizations and/or individuals that commit violation acts (if any);

d/ Handling measures which have been applied according to their competence; proposed handling measures.

2. In the course of issuing written inspection conclusions, the inspection-decision issuers may request leaders and members of inspection teams to report, or request inspected subjects to explain to further clarify matters necessary for making inspection conclusions.

3. Inspection conclusions shall be sent to the heads of State management agencies of the same level and the inspected subjects. In cases where the heads of State management agencies are inspection-decision issuers, the inspection conclusions must also be sent to the heads of inspection agencies of the same level.

Article 44.- The examination and handling of inspection conclusions

Within 15 days after inspection conclusions are made, the heads of State management agencies of the same level shall have to examine them; handle agencies, organizations and/or individuals that commit law violations; apply measures according to their competence or request competent State agencies to apply measures to remedy or perfect mechanisms, policies and laws.

Section 2. SPECIALIZED INSPECTION ACTIVITIES

Article 45.- Specialized inspection forms

Specialized inspection activities are conducted in the forms prescribed in Article 34 of this Law.

Article 46.- Competence to approve inspection programs and plans; decisions on specialized inspection

The ministers, the provincial services’ directors shall have to approve specialized inspection programs and plans, or decide on the inspections proposed by chief inspectors of the same level.

Article 47.- Competence and grounds for issuing inspection decisions, contents of specialized inspection decisions

1. Ministerial chief inspectors, provincial services’ chief inspectors shall issue inspection decisions and set up inspection teams to execute inspection decisions or assign specialized inspectors to perform inspection tasks. When deeming it necessary, the ministers or provincial services’ directors shall issue inspection decisions and set up inspection teams. Inspection decisions must have the contents prescribed in Article 37 of this Law.

In cases where they assign specialized inspectors to independently conduct the inspection, the persons competent to issue inspection decisions must clearly define the inspection scope, tasks and duration.

2. Besides the competent persons defined in Clause 1 of this Article, the Government shall prescribe persons who can issue inspection decisions, set up inspection teams and assign specialized inspectors for some branches and domains.

3. Grounds for issuing specialized inspection decisions shall comply with the provisions in Clause 3, Article 36 of this Law.

Article 48.- Specialized inspection duration

1. The duration of a specialized inspection for which an inspection team is organized shall be no more than 30 days counting from the date the inspection decision is announced till the end of the inspection at the inspected place.

2. In case of necessity, inspection-decision issuers may extend the inspection duration once. The extended duration must not exceed the duration prescribed in Clause 1 of this Article.

Article 49.- Tasks and powers of leaders of specialized inspection teams

In the course of specialized inspection, the inspection team leaders shall have the following tasks and powers:

1. To request inspected subjects to produce their permits, business registrations and/or practice certificates;

2. To make written records on violations by inspected subjects;

3. To sanction administrative violations according to law provisions on handling of administrative violations;

4. To perform other tasks and powers prescribed in Article 39 of this Law;

5. To report to inspection-decision issuers on inspection results and take responsibility for the accuracy, truthfulness and objectiveness of such reports.

Article 50.- Tasks and powers of specialized inspectors

1. Specialized inspectors, when conducting team inspection, shall perform the tasks and powers prescribed in Clause 1, Article 40 of this Law.

2. Specialized inspectors, when conducting independent inspection, shall have to produce specialized inspector’s cards and have the following tasks and powers:

a/ To request inspected subjects to produce their permits, business registrations and/or practice certificates;

b/ To make written records on violations by inspected subjects;

c/ To sanction administrative violations according to law provisions on handling of administrative violations.

In cases where they detect law-violation acts which fall beyond their handling competence, the specialized inspectors shall have to report such to chief inspectors for decision;

d/ To report to chief inspectors on the performance of their assigned tasks.

Article 51.- Reports on specialized inspection results

Reporting time limit, contents of specialized inspection result reports of inspection teams shall comply with the provisions of Article 41 of this Law.

Article 52.- Tasks and powers of specialized inspection-decision issuers, responsibilities of heads of State management agencies

1. Specialized inspection-decision issuers have the tasks and powers prescribed in Articles 42 and 43 of this Law; and may sanction administrative violations according to law provisions on handling of administrative violations.

2. Heads of State management agencies shall have to comply with the provisions of Article 44 of this Law.

Section 3. RIGHTS AND OBLIGATIONS OF INSPECTED SUBJECTS; SETTLEMENT OF INSPECTION-RELATED COMPLAINTS AND DENUNCIATIONS

Article 53.- Rights of inspected subjects

1. Inspected subjects have the following rights:

a/ To explain matters related to inspection contents;

b/ To refuse to supply information and/or documents classified as State secrets under law provisions, and information and documents irrelevant to inspection contents;

c/ To complain with inspection-decision issuers about decisions or acts of inspection team leaders, inspectors or other members of inspection teams in the course of inspection when they have grounds to believe that such decisions or acts are illegal; to complain with the heads of the inspection agencies or the heads of the competent State management agencies about inspection conclusions or inspection-related handling decisions when they have grounds to believe that such conclusions or decisions are illegal. Pending the settlement, the complainants still have to execute such decisions;

d/ To claim damages according to law provisions.

2. Individuals being inspected subjects have the right to denounce acts of law violation by heads of inspection agencies, leaders of inspection teams, inspectors and other members of inspection teams.

Articled 54.- Obligations of inspected subjects

1. To abide by inspection decisions.

2. To supply information and/or documents at requests of inspection agencies, inspection teams and inspectors in a prompt, full and accurate manner, and bear responsibility before law for the accuracy and truthfulness of supplied information and documents.

3. To abide by inspection requests and conclusions and handling decisions of inspection agencies, inspection team leaders, inspectors and competent State agencies.

Article 55.- Settlement of inspection-related complaints and denunciations

The lodging and settlement of complaints and denunciations shall comply with the law provisions on complaints and denunciations.

Section 4. INSPECTION DOSSIERS, RESPONSIBILITIES OF INVESTIGATION AGENCIES

Article 56.- Inspection dossiers

1. Inspections must be recorded in dossiers. An inspection dossier comprises:

a/ Inspection decision; written record on inspection made by the inspection team or inspectors; reports and explanations of inspected subjects; inspection result report;

b/ Inspection conclusions;

c/ Documents on the handling or handling proposals;

d/ Other documents related to the inspection.

2. The management and use of inspection dossiers shall comply with the law provisions on archive.

Article 57.- Responsibilities of investigation agencies

Investigation agencies shall have to receive dossiers of law violation cases prescribed at Point l, Clause 1, Article 42 of this Law and handle them according to the provisions of the criminal procedure legislation.

Within 20 days after receiving the dossiers, investigation agencies must notify in writing the handling thereof to the inspection agencies; for cases involving complicated contents and circumstances, the reply time limit may be prolonged but must not exceed 60 days. Past that time limit, if the inspection agencies do not receive written notices on the handling by the investigation agencies, they may request the superior investigation agencies and higher-level People’s Procuracies to handle.

Chapter IV

PEOPLE’S INSPECTORATE

Article 58.- Organization of People’s Inspectorate

People’s Inspectorate is organized in the form of people’s inspection boards.

People’s inspection boards are set up in communes, wards, district townships, State agencies, non-business units and State enterprises.

Article 59.- Tasks and powers of people’s inspection boards

1. To supervise the implementation of policies and laws, the settlement of complaints and denunciations, the implementation of the grassroots democracy regulation by responsible agencies, organizations and/or individuals in communes, wards, district townships, State agencies, non-business units or State enterprises.

2. Upon detecting signs of law violations, to request the competent persons to handle them according to law provisions and supervise the execution of such requests.

3. When necessary, to be assigned by the presidents of the People’s Committees of communes, wards or district townships, or the heads of the State agencies, non-business units and State enterprises to verify given cases.

4. To request the presidents of the People’s Committees of communes, wards or district townships, or the heads of the State agencies, non-business units or State enterprises to remedy loopholes or correct errors detected through the supervision; to guarantee rights and legitimate interests of citizens and laborers, and commend units and individuals that record achievements. Upon detecting persons who commit acts of law violation, to request competent agencies and organizations to examine and handle.

Section 1. PEOPLE’S INSPECTION BOARDS IN COMMUNES, WARDS OR DISTRICT TOWNSHIPS

Article 60.- Organization of people’s inspection boards in communes, wards or townships

1. People’s inspection boards in communes, wards or townships shall be elected by people’s conferences or people’s representatives’ conferences in villages, hamlets or population quarters.

Depending on the geographical area and population size of a commune, ward or district township, a people inspection board may consist of between five and eleven members.

Members of people’s inspection boards must not be incumbent officials of People’s Committees of communes, wards or district townships.

A term of office of people’s inspection boards in communes, wards or district townships is two years.

2. During the term of office, the people’s inspection board members who fail to accomplish their tasks or no longer win the people’s confidence shall be dismissed and replaced by others elected by the people’s conferences or people’s representatives’ conferences which have elected them at the requests of Vietnam Fatherland Front Committees of communes, wards or townships.

Article 61.- Operation of people’s inspection boards in communes, wards or district townships

1. People’s inspection boards in communes, wards or townships shall directly submit to the operation direction by Vietnam Fatherland Front Committees of the same level.

2. People’s inspection boards shall base themselves on resolutions of People’s Councils of communes, wards or townships, action programs and directions of Vietnam Fatherland Front Committees of communes, wards or district townships to set forth orientations and contents of their operation plans.

3. People’s inspection boards shall have to report on their operations to Vietnam Fatherland Front Committees of communes, wards or district townships. When necessary, the heads of people’s inspection boards shall be invited to attend meetings of People’s Councils, People’s Committees and Vietnam Fatherland Front Committees of communes, wards or district townships.

Article 62.- Responsibilities of People’s Committees of communes, wards or district townships

1. To brief the people’s inspection boards on major policies and laws related to organization, operation and tasks of the People’s Councils and People’s Committees of communes, wards or district townships; on annual socio-economic development objectives and tasks of the localities.

2. To request the concerned organizations and individuals to fully and promptly supply necessary information and documents to people’s inspection boards.

3. To examine and promptly handle proposals of people’s inspection boards, and notify handling results within 15 days after receiving such proposals; to handle persons who commit acts of obstructing operation of people’s inspection boards or persons who commit acts of avenging or bullying members of people’s inspection boards.

4. To notify the people’s inspection boards of results of the settlement of complaints and denunciations, or the implementation of the grassroots democracy regulation.

5. To provide funding or facility supports for the people’s inspection boards to operate according to law provisions.

Article 63.- Responsibilities of Vietnam Fatherland Front Committees of communes, wards or townships

1. To guide the organization of people’s conferences or people’s representatives’ conferences in villages, hamlets or population quarters for electing people’s inspection boards.

2. To issue documents recognizing people’s inspection boards and notify the recognition to the People’s Councils and People’s Committees of the same level and local people; to organize meetings of people’s inspection boards for electing boards’ heads, deputy heads and assigning tasks to each member.

3. To guide people’s inspection boards in working out their working programs and contents; to hear periodical reports on operation of people’s inspection boards; to urge the handling of requests of people’s inspection boards.

4. To encourage local people to support, coordinate and participate in activities of people’s inspection boards.

5. To certify written records and proposals of people’s inspection boards.

Section 2. PEOPLE’S INSPECTION BOARDS IN STATE AGENCIES, NON-BUSINESS UNITS OR STATE ENTERPRISES

Article 64.- Organization of people’s inspection boards in State agencies, non-business units or State enterprises

1. People’s inspection boards in State enterprises, non-business units or State enterprises shall be elected by employees’ conferences or employees’ representatives’ conferences.

A people’s inspection board consists of between 3 and 9 members being laborers or working in State agencies, non-business units or State enterprises.

A term of office of people’s inspection boards is 2 years.

2. During the term of office, the people’s inspection board members who fail to accomplish their tasks or no longer win confidence shall be dismissed and replaced by others elected by the employees’ conferences or employees’ representatives’ conferences at the requests of grassroots trade union executive boards.

Article 65.- Operation of people’s inspection boards in State agencies, non-business units or State enterprises

1. People’s inspection boards in State agencies, non-business units or State enterprises shall directly submit to the operation direction by grassroots trade union executive boards.

2. People’s inspection boards shall base themselves on resolutions of employees’ conferences or employees’ representatives’ conferences of State agencies, non-business units or State enterprises, and directions of grassroots trade union executive boards to work out quarterly and annual working programs.

3. People’s inspection boards shall have to report on their operations to grassroots trade union executive boards, employees’ conferences or employees’ representatives’ conferences of State agencies, non-business units or State enterprises.

Article 66.- Responsibilities of heads of State agencies, non-business units or State enterprises

1. To notify people’s inspection boards of the regimes, policies and other necessary information; to ensure interests of members of people’s inspection boards during the time such members perform their tasks.

2. To request units and individuals under their management to promptly and fully supply information and documents directly related to supervision contents for people’s inspection boards to perform their tasks.

3. To examine and promptly handle requests of people’s inspection boards; to notify handling results within 15 days after receiving such requests; to handle persons who commit acts of obstructing operation of people’s inspection boards or persons who commit acts of avenging or bullying members of people’s inspection boards.

4. To notify people’s inspection boards of the results of settlement of complaints and denunciations, or the implementation of grassroots democracy regulation.

5. To provide funding or facility supports for people’s inspection boards to operate according to law provisions.

Article 67.- Responsibilities of grassroots trade union executive boards

1. To coordinate with the heads of State agencies, non-business units or State enterprises in organizing employees’ conferences or employee representatives’ conferences to elect people’s inspection boards.

2. To issue documents recognizing people’s inspection boards and announce such recognition to officials and employees in State agencies, non-business units or State enterprises; to organize meetings of people’s inspection boards for electing their heads, deputy heads and assigning tasks to each member.

3. To guide people’s inspection boards in working out their working programs and contents; to hear periodical reports on operation results and handle requests of people’s inspection boards to grassroots trade union executive boards.

4. To encourage laborers in State agencies, non-business units or State enterprises to support and participate in activities of people’s inspection boards.

5. To certify written records and requests of people’s inspection boards.

Chapter V

IMPLEMENTATION PROVISIONS

Article 68.- Inspection activities in other State agencies; inspection organization and activities in the People’s Army and the People’s Police

1. Basing themselves on the provisions of this Law and other law provisions, the Supreme People’s Court, the Supreme People’s Procuracy and other State agencies shall, within the ambit of their tasks and powers, organize and direct inspection activities in their branches or agencies.

2. Inspection organization and activities in the People’s Army and the People’s Police shall be prescribed by the Government.

Article 69.- Implementation effect

This Law takes effect as from October 1, 2004.

The March 29, 1990 Inspection Ordinance shall cease to be effective as from the effective date of this Law.

Article 70.- Implementation guidance

The Government details the implementation of this Law.

Vietnam Fatherland Front Central Committee and Vietnam Confederation of Labor shall coordinate with the Government in providing detailed guidance on organization and operation of people’s inspection boards.

This Law was passed on June 15, 2004 by the XI^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.

 

CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Van An