Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law elaborates organization and activities of inspection.
Article 2. Definitions
For the purposes of this Law, the terms below are construed as follows:
1. Inspection means examination, assessment and handling of inspection-conducting authorities for implementation of policies and laws, performance of tasks and exercise of powers of agencies, organizations and individuals according to procedures as specified by the law Inspection includes administrative inspection and specialized inspection.
2. Administrative inspection means inspection of implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers of agencies, organizations and individuals under management of the state agencies.
3. Specialized inspection means inspection of the observance of specialized laws, professional-technical regulations and management rules of agencies, organizations and individuals under management according to sectors and domains.
4. Inspection program orientation means a document on orientations and focus on inspection in a year, approved by the Prime Minister upon the request of the Inspector General of the Government Inspectorate.
5. Annual inspection plan means a document on major tasks in inspection in a year that has been issued by the competent state agency for implementation of the inspection program orientations and management requirements.
6. Detailed inspection plan means a plan to conduct an inspection made by the chief of the inspectorate and approved by the person who makes decision on inspection.
7. Inspection scope means specific limit on contents of inspection, inspected entities and period of inspection specified in the decision on inspection.
8. Inspection contents include implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers, professional-technical regulations and management rules of the sectors and domains of inspected entities and relevant agencies, organizations and individuals.
9. Inspected entity mean an agency, organization or individual that undergoes inspection specified in the decision on inspection.
10. Inspection period means the duration of implementation of the assigned policies and laws, performance of the assigned tasks and exercise of the assigned powers, professional-technical regulations and management rules of the sectors and domains of inspected entities under consideration and assessment in an inspection.
11. Duration of inspection means the duration from the date of declaration of the decision on inspection to the date of completion of the direct inspection.
12. Inspection conclusion means a document signed and issued by the head of the inspection-conducting authority to assess, conclude and make recommendations on the inspected contents.
13. Appraisal of the draft inspection conclusions means consideration and assessment to make comments and recommendations for improvement of the draft inspection conclusions.
14. Supervision of operation of an inspectorate means monitoring, consideration and assessment of the observance of the law, the compliance with ethical standards, code of conduct, the sense of discipline and the performance of the assigned tasks of the chief and other members of the inspectorate throughout the duration of inspection.
15. Inspection-related decisions include the decisions of inspection-conducting persons to exercise the rights in inspection and the decision of the head of the competent state management agency or the head of the inspection-conducting authority to make inspection conclusions.
16. Inspection-conducting persons include the person who issues the decision on inspection, the chief and other members of the inspectorate.
17. Inspection-conducting authority includes an inspection authority and a specialized authority assigned to conduct inspection.
18. An inspection authority means an authority established under this Law and other relevant laws. The inspection authority shall conduct inspection, receive citizens, settle complaints and denunciations, and organize anti-corruption in accordance with the law.
19. Specialized authority assigned to conduct inspection means an authority performing state management in specific sectors or domains, assigned to conduct specialized inspection.
20. Person assigned to perform specialized inspection means a person assigned to perform inspection of the specialized authority assigned to conduct inspection.
Article 3. Purposes of inspection
Inspection aims to detect limitations and shortcomings in management mechanisms, policies and laws, then recommend solutions and remedies to competent state agencies; prevent, detect and handle law violations; assist agencies, organizations and individuals in properly observing law; promote positive factors; contribute to raising the efficiency and effectiveness of state management; and protect the interests of the State and the rights and legal interests of agencies, organizations and individuals.
Article 4. Principles of inspection
1. Compliance with law and assurance about accuracy, objectiveness, transparency, democracy and promptness.
2. No obstruction to normal operations of inspected entities and other agencies, organizations and individuals.
3. No duplication in the scope and duration of inspection among inspection authorities, between inspection authorities and state audit agencies; no duplication in exercise of the rights in case of inspection.
Article 5. Functions of inspection authorities
The inspection authority shall, within the scope of its tasks and powers, assist competent state agencies in performing the state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; and inspect, receive citizens, settle complaints and denunciations and organize anti-corruption in accordance with regulations of the law.
Article 6. Responsibilities of the heads of state management agencies for inspection and examination
1. The heads of state management agencies shall, within the scope of their tasks and powers, organize and direct inspection and examination in order to ensure the effectiveness and efficiency of state management.
2. The heads of state management agencies shall regularly examine the performance of the assigned tasks and powers of agencies, organizations and individuals under their management; the observance of policies and laws of agencies, organizations and individuals in the sectors and domains under their responsibilities to ensure the effectiveness and efficiency of state management.
During the inspection, the heads of state management agencies shall, in case of detection of violations, adopt or request competent state agencies to adopt measures as prescribed by law to promptly handle violations; request competent agencies to conduct inspection, if necessary; in case criminal offences are suspected, propose prosecution and transfer the relevant documents and case files to the investigation agencies for consideration and decision on the prosecution of criminal cases in accordance with regulations of the law.
3. The Prime Minister, ministers and the heads of ministerial-level agencies (hereinafter referred to as “ministers”), the heads of Governmental agencies, the presidents of the People's Committees of provinces, the heads of specialized agencies under the People's Committees of provinces, the presidents of the People's Committees of districts and heads of other state management agencies shall, within the scope of their tasks and powers, organize and direct inspection and promptly handle conclusions and recommendations on inspection contents and take responsibilities to the law for their decisions.
Article 7. Cooperation between the inspection-conducting authority and relevant agencies and organizations
1. The inspection-conducting authority shall, within the scope of their tasks and powers, cooperate with the Public Security, the People’s Procuracy, state audit agencies, relevant agencies and organizations and competent persons in preventing, detecting and handling law violations.
2. The investigation agency and the People’s Procuracy shall, within the scope of their tasks and powers, consider proposal for prosecution of criminal cases from the inspection-conducting authority and reply in writing on handling of such proposal.
3. Relevant agencies, organizations and individuals shall comply with requests, recommendations of the inspection-conducting authority and inspection-related decisions; and reply in writing on their compliance.
Article 8. Prohibited acts
1. Abusing one's position or inspection powers to commit illegal acts and harassment, or cause difficulties or troubles to inspected entities and other agencies, organizations and individuals; abusing powers in the process of inspection.
2. Conducting inspection beyond competence, contents of decision on inspection and detailed inspection plans that have been approved.
3. Intentionally refraining from issuance of decisions on inspection in case of detection of signs of violations that must be inspected according to regulations of the law; intentionally making untruthful conclusions; covering up inspected entities; making conclusions, decisions or taking actions against the law; failing to propose prosecution and transfer the files of cases with signs of criminal offences detected during inspection to the investigation agencies, which will decide whether to initiate prosecution in accordance with regulations of the law.
4. Giving, receiving or brokering bribes.
5. Disclosing information or documents related to inspection before publishing official conclusions.
6. Illegally intervening in inspection; falsifying inspection results, conclusions and recommendations.
7. Failing to provide information or documents, or promptly provide accurate or truthful information or documents; appropriating or destroying documents or material evidences related to inspection contents.
8. Opposing, obstructing, bribing, intimidating, taking revenge on or victimize inspection-conducting persons, supervisors, appraisers or persons who provide information or documents to the inspection-conducting authority; causing difficulties to inspection.
9. Committing other acts prohibited by law.
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