Chương VI Nghị định 43/2023/NĐ-CP hướng dẫn Luật Thanh tra: Công khai kết luận thanh tra, theo dõi, đôn đốc, kiểm tra việc thực hiện kết luận thanh tra, quyết định xử lý về thanh tra

Chapter IV

PUBLISHING INSPECTION CONCLUSIONS; MONITORING, URGING AND EXAMINING THE IMPLEMENTATION OF INSPECTION CONCLUSIONS, INSPECTION-RELATED DECISIONS.

Section 1. PUBLISHING INSPECTION CONCLUSIONS

Article 48. Contents of inspection conclusions to be published;

The entirety of the inspection conclusion shall be published, except for contents that fall within state secrets, bank secrecy or trade secrets as prescribed by the law.

Article 49. Forms of publishing inspection conclusions

1. Inspection conclusions shall be published on the web portal of the inspection agency, the specialized authority assigned to conduct inspection or the state management agency at the same level within at least 15 consecutive days.

2. Other than the form of publishing inspection conclusions specified in Clause 1 of this Article, the person making the inspection conclusion may select at least one of the following methods:

a) Organizing press conference or meeting to publish inspection conclusions. The participants include the person issuing inspection decision, authorized person, representative of inspectorate, the inspected entity, relevant agencies, organizations and individuals;

b) Publishing inspection conclusions on mass media (including printed newspapers, talking newspapers, photo newspapers and online newspapers) An inspection conclusion shall be published on the printed newspaper, talking newspaper or photo newspaper at least 02 consecutive times; the inspection conclusion shall be published on online newspaper for at least 15 consecutive days;

c) Inspection conclusions shall be publicly displayed by the inspected entities at their premises. The duration for public displaying is 15 consecutive days

Section 2. MONITORING AND URGING THE IMPLEMENTATION OF INSPECTION CONCLUSIONS, INSPECTION-RELATED DECISIONS

Article 50. Purposes

The monitoring and urging of the implementation of an inspection conclusion aim to assist the person issuing the inspection conclusion in observing the progress, having results of the implementation of the inspection conclusion, the inspection-related decision, and overcoming difficulties and obstacles or requesting the competent agency to handle such difficulties and obstacles.

Article 51. Authority

Heads of inspection agencies specified in Clause 2, Article 105 of the Law on Inspection that issue inspection conclusions shall be responsible for monitoring and urging the implementation of their inspection conclusions and inspection-related decisions and those of heads of management agencies at the same level.

Article 52. Monitoring and urging entities

Entities monitoring and urging the implementation of inspection conclusions are inspected entities, agencies directly managing inspected entities, agencies, organizations and individuals that are responsible for or relevant to the implementation of inspection conclusions.

Article 53. Forms

1. The implementation of inspection conclusions shall be monitored by collecting results and requests from agencies, organizations and individuals involved in the implementation of inspection conclusions and inspection-related decisions, reporting the implementation of conclusions, recommendations and inspection-related decisions and providing verification documents.

2. The implementation of inspection conclusions shall be urged by sending documents to agencies, organizations and individuals involved in the implementation of inspection conclusions and inspection-related decisions.

Article 54. Contents

1. Contents of monitoring the implementation of inspection conclusions and inspection-related decisions

a) Direction and organization of the implementation of inspection conclusions and inspection-related decisions by heads of agencies, organizations or units;

b) Progress and results of implementation of contents of inspection conclusions and inspection-related decisions of agencies, organizations or units that must implement such contents;

c) Difficulties and obstacles to the implementation of conclusions, recommendations and inspection-related decisions.

2. Contents of urging the implementation of inspection conclusions and inspection-related decisions

a) Contents specified in Clause 1 of this Article;

b) Requesting agencies, organizations or units to report and explain the incomplete implementation of inspection conclusions and inspection-related decisions;

c) Requesting agencies, organizations or units to impose specific measures to complete the implementation of inspection conclusions and inspection-related decisions; and report imposition of such measures.

Section 3. EXAMINING IMPLEMENTATION OF INSPECTION CONCLUSIONS AND INSPECTION-RELATED DECISIONS

Article 55. Grounds for examining and deciding to examine implementation of inspection conclusions and inspection-related decisions

1. The person issuing inspection decision shall decide to examine the implementation of inspection conclusion and inspection-related decision when there is one of the following grounds;

a) The agency, organization or individual involved in the implementation of inspection conclusion and inspection-related decision fails to make report or make full report at the request of the person who monitors and urges the implementation;

b) The agency, organization or individual fails to implement or fully implement the inspection conclusion and the inspection-related decision when it/she/he has been urged to implement such conclusion and decision;

c) Entities obstruct the implementation, disperse assets, destroy documents or fail to cooperate in the implementation of inspection conclusion or inspection-related decision.

2. A decision to examine the implementation of inspection conclusion and inspection-related decision includes:

a) Grounds for issuance;

b) Scope, entities and contents;

c) Duration;

d) Persons assigned to examine implementation.

3. Within 03 days from the date of signing the decision, the decision shall be sent to the examined entity. Within 10 days from the date of signing the decision, the examiner shall take examination.

Article 56. Duration for examination

The duration for examining the implementation of inspection conclusions and inspection-related decisions is 10 days from the date in which the examined entity receives the examination decision.

Article 57. Examination contents

1. Results of the implementation of inspection conclusions and inspection-related decisions.

2. Difficulties, obstacles and objective and subjective causes for failure to implement or fully implement inspection conclusions and inspection-related decisions.

3. Violations against regulations of the law on implementation of inspection conclusions and inspection-related decisions committed by relevant parties.

Article 58. Report on examination results

1. Within 15 working days from the date of completion of the examination, the person assigned to examine the implementation of inspection conclusion and inspection-related decision shall report results to the head of the inspection agency.

2. A report on examination results includes:

a) Assessment of the situation and results of the implementation of inspection conclusion and inspection-related decision;

b) Identification of responsibilities of collectives and individuals for failure to implement or fully implement inspection conclusion and inspection-related decision;

c) Recommendations for handling law violators and other contents related to the implementation of inspection conclusion and inspection-related decision;

d) Recommendations for measures and solutions to implement the inspection conclusion and inspection-related decision; recommendations for re-inspection in case when there are grounds specified in Article 19 of this Decree; recommendations for reconsideration of conclusions and recommendations on inspection and inspection-related decision.

Article 59. Handling results of examination

1. According to the report on examination results, the person issuing inspection decision shall handle such results. To be specific:

a) Requesting the head of the agency directly managing the agency, organization or individual involved in the implementation of inspection conclusion and inspection-related decision to discipline violators;

b) According to his/her competence, handling or requesting the competent state agency to handle economic violations;

c) According to his/her competence, applying or requesting the competent person to apply measures for handling administrative violations;

d) Requesting the competent the state agency to consider the responsibility of the head of the agency directly managing the entity when failing to apply measures according to his/her competence to request the entity to strictly implement inspection conclusion and inspection-related decision;

dd) Requesting the competent agency to reconsider conclusions, recommendations and inspection-related decision; transferring crime reports or proposals for prosecution of criminal cases to the investigation agency if throughout the examination process, it is detected that individuals that are responsible for or relevant to the implementation of conclusions, recommendations and the inspection-related decision have criminal signs.

2. If the inspection conclusion or the inspection-related decision cannot be implemented, it is required to collect opinions from the head of the state management agency for consideration and decision.