Chapter III
IMPLEMENTATION OF INSPECTION CONCLUSIONS; MONITORING, ACCELERATION AND INSPECTION OF IMPLEMENTATION OF INSPECTION CONCLUSIONS
Article 17. Implementation of inspection conclusions
1. Within 30 days of receipt of inspection conclusions, the inspectee, related entity, organization and person shall assume the following responsibilities:
a) Implement recommendations stated in the inspection conclusions in a full and timely manner;
b) In case inspection conclusions contain a lot of matters related to the responsibilities of different agencies, organizations and individuals, the inspectee must make a plan to implement inspection conclusions.
The plan for implementation of inspection conclusions must clearly identify the purposes, requirements, roadmap, time and methods of implementation of inspection conclusions, and must clearly assign responsibilities to each entity or person.
The plan for implementation of inspection conclusions must be sent to the persons competent to issue inspection conclusions and agencies, organizations and individuals related to the implementation of the plan.
2. Heads of institutional inspectees, heads of agencies and organizations concerned shall have the following responsibilities:
a) Promptly direct and assign agencies, organizations, units and individuals to fully implement those specified in clause 1 of this Article;
b) Direct units or individuals under their management to speed up carrying out inspection conclusions;
c) Provide necessary conditions and implement measures within their competence so that the units and individuals under their management strictly, fully and promptly carry out inspection conclusions;
d) Carry out inspections and propose inspections over agencies, organizations and individuals under their management according to inspection conclusions;
dd) Impose actions against agencies, organizations and individuals under their management who commit violations arising from the implementation of inspection conclusions.
Article 18. Reporting of implementation of inspection conclusions
1. The inspectee shall be responsible for reporting on the implementation of inspection conclusions by the time limit stated in the inspection conclusions, or upon receiving requests from the persons competent to issue inspection conclusions.
2. Contents of a report on the implementation of inspection conclusions shall include the followings:
a) Provision of directions for implementation of inspection conclusions;
b) Progress and results of implementation of inspection conclusions, and those that are completely carried out and have not yet been carried out completely;
c) Problems and issues; causes of difficulties and problems arising in the process of carrying out inspection conclusions, recommendations and proposals;
d) Any violation against law and handling of violations against law of entities or persons involved in implementation of inspection conclusions.
Article 19. Authority to monitor, push for and inspect the implementation of inspection conclusions
Persons competent to issue inspection conclusions shall direct the monitoring, speeding up and examination of inspectees for their implementation of inspection conclusions according to the processes and procedures specified in Articles 20 and 21 herein.
Article 20. Monitoring and pushing for the implementation of inspection conclusions
1. Monitoring activities shall be performed by making requests to inspectees to report on the situation of implementation of inspection conclusions and provide documentary evidence. Persons competent to issue inspection conclusions shall authorize persons to directly monitor, make discussions and work with inspectees in order to collect information about the implementation of inspection conclusions under clause 2 of this Article.
2. Processes and procedures for monitoring the implementation of inspection conclusions:
a) Within 45 days from the date of issuance of inspection conclusions, authorized monitors shall be responsible for submitting reports on results of monitoring of the implementation of inspection conclusions to persons having competence in issuing inspection conclusions;
b) Within 03 days of receipt of reports on results of monitoring of the implementation of inspection conclusions, persons having competence in issuing inspection conclusions shall consult monitoring results to decide to terminate such monitoring and storing monitoring documents according to current regulations if inspection conclusions have been completely carried out, or decide to push for implementation of inspection conclusions according to the provisions of clause 3 and 4 of this Article if inspection conclusions are not completely carried out yet;
c) The results and processing of results of monitoring of the implementation of inspection conclusions shall be informed to inspectees, and shall be made known to the public according to the provisions of law.
The Minister of Justice shall provide detailed regulations on this paragraph.
3. The implementation of inspection conclusions shall be pushed for by sending written documents on pushing for implementation of inspection conclusions, or working directly with inspectees. Processes and procedures for pushing for the implementation of inspection conclusions shall be subject to clause 4 of this Article.
4. Processes and procedures for pushing for the implementation of inspection conclusions:
a) Within the maximum duration of 5 working days from the date of being assigned to push for implementation of inspection conclusions, persons assigned to do so shall be responsible for recommending persons having competence in issuing inspection conclusions to send written pushing documents to inspectees;
b) Within the maximum duration of 30 working days from the date of being assigned to push for implementation of inspection conclusions, persons assigned to do so shall be responsible for reporting to persons having competence in issuing inspection conclusions on pushing-for results;
c) Within the maximum duration of 03 working days of receipt of reports on results of pushing for implementation of inspection conclusions, persons having competence in issuing inspection conclusions shall consult results of pushing for implementation of inspection conclusions to decide to: Terminate the task of pushing for implementation of inspection conclusions and store documents on pushing for implementation of inspection conclusions in accordance with existing regulations if the implementation of inspection conclusions has been completed, or to proceed to carry out inspection of implementation of inspection conclusions under Article 21 herein if he implementation of inspection conclusions has not yet been completed;
d) The results and processing of results of pushing for the implementation of inspection conclusions shall be informed to inspectees, and shall be made known to the public according to the provisions of law.
Article 21. Inspection of the implementation of inspection conclusions
1. Persons having competence in issuing inspection conclusions may issue decisions on inspection of implementation of inspection conclusions on one of the following grounds:
a) Upon the expiry of the time limit for implementation of inspection conclusions, inspectees fail to finish such implementation and fail to send reports on the results of implementation of the inspection conclusions or fail to apply for extension of the implementation (if any);
b) Inspectees fail to carry out responsibilities to report on results of implementation of inspection conclusions in accordance with laws;
c) During the process of monitoring and pushing for implementation of inspection conclusions, inspectees are found to be suspected of dispersing and hiding money, material evidences and means of commission of administrative violations, destroying documents, showing non-cooperative attitude, obstruction or committing other violations against law.
2. The inspection shall be carried out upon receipt of inspection decisions from persons having competence in issuing inspection conclusions. Inspection decisions must clarify bases for issuance of decisions; inspectees, subject matters, scope and time limits for inspection; persons assigned the inspection tasks. An inspection decision must be sent to the person assigned the inspection task and the inspectee within 03 working days from the signature date. Persons assigned the inspection tasks must proceed to carry out inspection within the maximum duration of 15 days from the date of signature shown in the inspection decision.
3. The maximum time limit for inspection of the implementation of inspection conclusions shall be 05 working days from the date of commencement of inspection. If a complicated or broad-range inspection is required, the maximum time limit for inspection of the implementation of inspection conclusions shall be 15 working days from the date of commencement of inspection.
4. Within the maximum duration of 03 days after completion of inspection, persons authorized to carry out inspection shall be responsible for submitting reports on results of inspection to persons having competence in issuing inspection conclusions. The report shall contain the followings: Evaluation of inspection situations and results; conclusions regarding subject matters of the inspection; recommended measures to handle violations against law and other matters related to guarantee for the implementation of inspection conclusions.
5. Based on inspection results, persons having competence in issuing inspection conclusions shall assume the following responsibilities:
a) Request Heads of authorities having direct authority over inspectees to apply actions under their jurisdiction to compel inspectees to finish the implementation of inspection conclusions;
b) Apply, within their jurisdiction, or request competent authorities to take actions prescribed in law;
c) Refer cases or matters to investigation commissions having competence to consider initiating investigative processes in case of detecting any sign of criminal related to the implementation of inspection conclusions.
6. Within the maximum duration of 10 working days from the date of the completed processing of inspection results, notifications of results and processing of results of inspection of implementation of inspection conclusions must be sent to inspectees, and shall be made known to the public according to the provisions of law.
Tìm kiếm
Nghị định 19/2020/NĐ-CP (Bản Word)
Nghị định 19/2020/NĐ-CP (Bản Pdf)