Chương 3 Nghị định 49/2014/NĐ-CP: Kiểm tra doanh nghiệp

Chapter III

EXAMINATION OF ENTERPRISES

Article 23. Examination responsibility

1. Within their competence, owners being line ministries or provincial- level People’s Committees shall:

a/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, conducting regular or extraordinary examination of the observance of law and owners’ decisions by enterprises, based on the contents specified in Article 7 of this Decree;

b/ Guide the order, procedures and contents of examination of enterprises under their management in accordance with this Decree and other relevant legal documents.

2. Grade-1 enterprises shall conduct examination within grade-2 enterprises and examine the observance of law and owners’ decisions by grade-2 enterprises.

3. Regular examination of enterprises under owners’ management shall be conducted based on the functions, tasks and powers of owners or agencies or organizations assigned by owners.

4. Extraordinary examination shall be conducted when detecting enterprises’ violations of law or failure to observe owners’ decisions or to meet management requirements of owners and competent state agencies.

5. Examination shall be conducted by examination teams or persons assigned with the examination task.

Article 24. Examination competence

1. In case owners are line ministries, line ministers may decide to examine or assign heads of their attached agencies or units to examine grade-1 and grade-2 enterprises.

2. In case owners are provincial-level People’s Committees, chairpersons of provincial-level People’s Committees may decide to examine or assign heads of their attached provincial-level Departments or sectors to examine grade-1 and grade-2 enterprises.

3. In case owners are grade-1 enterprises, their Members’ Councils, company presidents or Boards of Directors may decide to examine the observance of law and owners’ decisions by grade-2 enterprises.

4. Ministries, ministerial-level agencies and provincial-level People’s Committees other than owners and related agencies and units shall, within their functions and tasks prescribed by law, coordinate with owners or agencies or units assigned by owners in examining enterprises.

Article 25. Organization of examination teams

1. Issuance of examination decisions:

a/ Based on approved annual plans on supervision, examination or inspection of enterprises, owners or heads of agencies or units assigned by owners shall issue examination decisions and send them to to-be-examined enterprises, except for extraordinary examination;

b/ In case of extraordinary examination, examination teams shall notify to-be-examined enterprises of the time and contents of examination at least 1 working day before the date of examination.

2. An examination decision must have the following contents:

a/ Bases for examination;

b/ Subjects of examination;

c/ Contents and scope of examination;

d/ Examination duration;

dd/ Full names, positions and workplaces of the head and members of the examination team or examiners.

3. The duration of an examination must not exceed 10 working days from the date of announcement of the examination decision; in case an examination involves different subjects, is conducted in large areas and is of complicated nature, the duration of examination may be longer but must not exceed 15 working days from the date of announcement of the examination decision.

4. During examination, the head of the examination team shall make a record of violations of the enterprise or to certify the collection and provision of information and documents relating to the contents of examination. Such a record must have the following contents:

a/ Date of making the record;

b/ Full name and position of the head of the examination team;

c/ Full name and position of the representative of the examined enterprise;

d/ Violations of the examined enterprise or the collected and provided information and documents;

dd/ Certification by the head of the examination team and the representative of the examined enterprise.

Article 26. Rights and obligations of examined enterprises

1. An examined enterprise has the following rights:

a/ To refuse to provide information or documents or refuse to explain the matters falling beyond the scope and contents of examination, and clearly state the reason for such refusal;

b/ To explain and clarify matters related to the contents of examination;

c/ To lodge complaints about, or notify competent agencies, organizations or persons of, illegal decisions or acts of the head or members of the examination team or of the owner in accordance with law.

2. An examined enterprise has the following responsibilities:

a/ To observe the examination decision;

b/ To cooperate with, and provide accurate, adequate and prompt information and documents at the request of, the examination team or examiner;

c/ To strictly comply with requests of the examination team or examiner; and decisions and conclusions of the examination decision issuer.

Article 27. Reports on examination results, examination conclusions

1. Within 5 working days after concluding an examination, the head of the examination team or the examiner shall report examination results to the examination decision issuer. A report on examination results has the following contents:

a/ Assessment of the situation and results of examination;

b/ Conclusion on the contents of examination;

c/ Proposed measures to handle violations and other contents (if any);

d/ Proposal to a competent agency to conduct inspection (if any);

dd/ Remedies (if any).

2. A report on examination results shall be sent to the examination decision issuer.

3. Within 5 working days after receiving a report on examination results and explanations of the examined enterprise (if any), the examination decision issuer shall issue an examination conclusion.

4. An examination conclusion must be made in writing and sent to the examined enterprise and related agencies, organizations and individuals, and inserted in the enterprise management dossier.

Article 28. Handling of examination results

1. Based on examination results, examination decision issuers shall apply according to their competence measures to remove difficulties and problems of enterprises, and request enterprises to set out solutions or implement remedies.

2. In case examination results are insufficient for assessing the actual state of enterprises, examination decision issuers shall decide according to their competence or propose heads of owners’ agencies to decide on inspection according to their competence to propose competent agencies to issue inspection decisions.

3. In the course of considering and handling examination results, if detecting criminal signs, examination decision issuers shall forward dossiers of violations to competent investigation agencies in accordance with law.