Chương VII Nghị định 43/2023/NĐ-CP hướng dẫn Luật Thanh tra: Giải quyết kiến nghị, phản ánh về hoạt động thanh tra; giải quyết kiến nghị về nội dung trong kết luận thanh tra

Chapter VII

SETTLEMENT OF COMPLAINTS AND REFLECTIONS ABOUT INSPECTION; SETTLEMENT OF COMPLAINTS ABOUT CONTENTS OF INSPECTION CONCLUSIONS

Section 1. SETTLEMENT OF COMPLAINTS AND REFLECTIONS ABOUT INSPECTION

Article 60. Authority to settle complaints and reflections about inspection

1. The chief of the inspectorate shall be responsible for receiving and settling complaints and reflections on the duration, contents and operation methods of the inspectorate, the chief and other members of the inspectorate.

2. The person issuing inspection decision shall be responsible for receiving and settling complaints and reflections on violations against regulations on performance of duties and powers and other prohibited acts committed by the chief and other members of the inspectorate.

Article 61. Procedures for settlement of complaints and reflections about inspection

1. The chief of the inspectorate shall be responsible for considering and settling complaints and reflections on the duration, contents and operation methods of the inspectorate, the chief and other members of the inspectorate, and replying to entities that have such complaints and reflections.

2. Entities shall send complaints and reflections on violations against regulations on performance of duties and powers and other prohibited acts committed by the chief and other members of the inspectorate to the person issuing inspection decision or the supervisor. The person issuing inspection decision shall be responsible for considering and settling complaints and reflections, and replying to entities that have such complaints and reflections. If necessary, the person issuing inspection decision shall assign a supervisor or unit or individual to verify contents of complaints and reflections and notify the settlement results to persons having such complaints and reflections.

3. The duration for settlement of complaints and reflections specified in Clause 1 of this Article is 05 working days. The duration for settlement of complaints and reflections specified in Clause 2 of this Article is 15 days.

Section 2. SETTLEMENT OF COMPLAINTS ABOUT CONTENTS OF INSPECTION CONCLUSIONS

Article 62. Authority to settle complaints about contents of inspection conclusions

1. Heads of state management agencies at the same level as agencies that have issued inspection conclusions and heads of inspection agencies shall be responsible for receiving and settling complaints about contents of inspection conclusions from inspected entities, agencies, organizations and individuals related to the contents of the inspection conclusions.

2. Heads of inspection agencies shall be responsible for receiving and processing requests of heads of state management agencies specified in Clause 3, Article 6 of the Law on Inspection throughout the processing of inspection conclusions.

3. Heads of superior inspection agencies shall be responsible for receiving and settling complaints about inspection-conducting agencies throughout the processing of inspection conclusions.

Article 63. Procedures for settlement of complaints about contents of inspection conclusions

1. Procedures for settlement of complaints about contents of inspection conclusions specified in Clause 1 Article 62 of this Decree shall be carried out as follows:

a) Within 15 working days from the date in which the inspection conclusion is published, the inspected entity, relevant agencies, organizations and individuals have the right to send their complaints about contents of the inspection conclusion to the person issuing inspection decision and the head of the state management agency at the same level as the agency that has issued the inspection conclusion;

b) Within 30 days from the date of receipt of these complaints, the head of the management agency at the same level as the agency that has issued the inspection conclusion, the head of the inspection agency shall consider settling the complaints and notify the results to the complainant.

2. If requests or complaints specified in Article 62 of this Decree fully meet conditions prescribed in Article 56 of the Law on Inspection and Article 19 of this Decree, such requests and complaints shall be processed and settled as follows:

a) The head of the management agency at the same level as the agency that has issued the inspection conclusion shall request or recommend the competent inspection agency to consider and decide the inspection or re-inspection;

b) The head of the inspection-conducting agency shall request the competent superior inspection agency to consider and decide the re-inspection.