Chương III Luật Thanh tra 2022: Thanh tra viên, người được giao thực hiện nhiệm vụ thanh tra chuyên ngành

Chapter III

INSPECTORS AND PERSONS ASSIGNED TO CARRY OUT SPECIALIZED INSPECTION

Article 38. Inspectors and persons assigned to carry out specialized inspection

1. The inspector means a person awarded the rank of inspector to perform tasks and exercise powers in inspection in accordance with regulations of the law.

2. The inspector ranks include inspector, principal inspector and senior inspector.

3. The persons assigned to conduct specialized inspection shall be officials of the specialized authorities assigned to conduct inspection, except for pubic employees of Governmental agencies according to regulations of the Government.

The persons assigned to conduct specialized inspection shall have professional qualifications and skills suitable to their specialized work, legal knowledge and inspection skills, and have been engaged in professional works in sectors which the persons have been assigned to conduct specialized inspection for at least one year (excluding probation period)

4. The inspectors and persons assigned to conduct specialized inspection shall comply with the law and take responsibility to the heads of agencies that directly manage them and to the law for performance of their assigned tasks and powers.

5. The Government elaborates this Article.

Article 39. Criteria for appointment to inspectors

1. Be officials, officers of the People's Army or the People's Public Security, cipher workers, except for cases under other regulations of the Government with regard to inspectors of inspection authorities that have been established according to regulations of the law or international treaties to which the Socialist Republic of Vietnam is a signatory or as prescribed in Clause 3, Article 9 of this Law.

2. Be loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam; have good ethical qualities, good sense of responsibility; be incorruptible, honest, just and objective;

3. Have university degrees (or higher) and state management and legal knowledge. In particular, the specialized inspectors must also have relevant professional knowledge;

4. Have certificates of professional training for inspectors and other certificates as prescribed by the law on officials and public employees.

5. Have been at least 2 years’ experience of inspection works (excluding probation period). The officials, public employees, officers of the People's Army and the People's Public Security, cipher workers at agencies, organizations or units who have been transferred to inspection agencies need to have at least 5 years’ experience of inspection works.

Article 40. Criteria for appointment to principal inspectors

1. Meet standards specified in Article 39 of this Law;

2. Have certificates of professional training for principal inspectors and other certificates as prescribed by the law on officials and public employees.

3. Hold the rank of inspector or equivalent for at least 9 years.

4. Successfully pass exams for promotion; be considered for promotion from inspector to principal inspector; or be considered for same-rank reassignment in accordance with the regulations of the law on officials and public employees.

Article 41. Criteria for appointment to senior inspectors

1. Meet standards specified in Article 39 of this Regulation;

2. Have certificates of professional training for senior inspectors and other certificates as prescribed by the law on officials and public employees.

3. Hold the rank of principal inspector (or equivalent) for at least 6 years.

4. Successfully pass exams for promotion; be considered for promotion from principal inspector to senior inspector; or be considered for same-rank reassignment in accordance with the regulations of the law on officials and public employees.

Article 42. Dismissal of inspectors

1. An inspector is dismissed in the following cases:

a) Retiring, resigning and changing career;

b) Dismissing the inspector who cannot complete the assigned tasks due to health, family circumstances or other reasons;

c) Being convicted by the Court. The judgment or decision came into force;

d) Committing violations specified in Article 8 of this Law;

dd) Falling to complete tasks while holding the current rank after 01 year;

e) The inspector commits fraud in exam for promotion or makes declarations in a dishonest manner in the application for appointment;

g) Other cases as prescribed by the law on officials and public employees.

2. The Government elaborates competence and procedures for dismissal of inspectors.

Article 43. Uniforms and cards of inspectors

1. The inspectors shall be provided uniforms and cards according to the Government's regulations to use when they conduct inspection.

2. The persons assigned to perform specialized inspection shall be provided uniforms and cards according to regulations of the ministers and the heads of Governmental agencies to use when they conduct specialized inspection.

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