Chương 3 Luật Thanh tra 2004: Hoạt động thanh tra

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.