Chapter IV
INSPECTION OF ENTERPRISES
Article 29. Inspection responsibility
1. Line ministries or provincial-level People’s Committees being owners of enterprises and agencies with the inspection function shall, within their competence, conduct inspection or participate in the inspection of the observance of law and owners’ decisions by enterprises when having one of the bases prescribed in the Inspection Law and this Decree.
2. For investment or management and use of state capital and assets invested in enterprises, line ministries being owners of enterprises shall, based on supervision and examination results, inspect the observance of law and owners’ decisions at least every two (2) years by enterprises under their management as prescribed at Point a, Clause 2, Article 30 of this Decree; provincial-level People’s Committees being owners of enterprises shall inspect the observance of law and owners’ decisions at least once (1) every year by enterprises under their management as prescribed in Clause 3, Article 30 of this Decree.
3. When line ministries being owners of enterprises fail to perform the responsibilities defined in Clause 2 of this Article or when detecting enterprises’ violations, chairpersons of provincial-level People’s Committees of localities where enterprises are based may issue decisions based on the contents under the management of provincial-level People’s Committees to inspect enterprises under the management of line ministries as prescribed in Clause 2, Article 30 of this Decree. Chairpersons of provincial-level People’s Committees shall take responsibility for the issuance of inspection decisions and send inspection decisions to line ministries for coordination during inspection.
Article 30. Inspection competence
1. The Government Inspectorate may inspect the observance of law and owners’ decisions by grade-1 enterprises established under the Prime Minister’s decisions and by grade-2 enterprises.
2. Inspectorates of line ministries:
a/ To inspect the observance of law and owners’ decisions by grade-1 enterprises established under ministers’ decisions or transformed from state enterprises under ministries or assigned to ministries for management, and b y grade-2 enterprises.
For grade-1 enterprises established under the Prime Minister’s decisions of which line ministries are assigned to act as immediate superior agencies of Members’ Councils, inspectorates of ministries shall conduct inspection after reporting to and reaching agreement with the Inspector General;
b/ To inspect the observance of specialized laws, professional-technical regulations and sectoral management rules under state management of ministries by enterprises in accordance with the inspection law.
3. Inspectorates of provinces or centrally run cities (below referred to as provincial-level inspectorates) shall inspect the observance of law and owners’ decisions by grade-1 enterprises established under decisions of chairpersons of provincial-level People’s Committees or transformed from state enterprises under provincial-level People’s Committees, and by grade-2 enterprises; inspect the observance of law by enterprises under Clause 3, Article 29 of this Decree as assigned by chairpersons of provincial-level People’s Committees. Provincial-level inspectorates that fail to meet the necessary requirements for conducting inspection shall report such to the Government Inspectorate for consideration and handling.
4. The inspectorates of provincial-level Departments shall inspect the observance of specialized laws, professional-technical regulations and sectoral management rules under the management of provincial-level Departments by grade-1 enterprises established under decisions of chairpersons of provincial-level People’s Committees or transformed from state enterprises under provincial-level People’s Committees; and the observance of specialized laws by enterprises under Clause 3, Article 29 of this Decree as assigned by chairpersons of provincial-level People’s Committees.
Article 31. Tasks and powers of inspection decision issuers and heads and members of inspection teams
While conducting inspection of enterprises, inspection decision issuers and heads and members of inspection teams shall perform the tasks and exercise the powers defined in Articles 46, 47, 48, 53, 54 and 55 of the Inspection Law and in the Government’s Decree No. 86/2011/ND-CP of September 22, 2011, detailing and guiding a number of the Inspection Law, and the Government’s Decree No. 07/2012/ND-CP of February 9, 2012, defining agencies with the specialized inspection function and specialized inspection activities.
Article 32. Inspection bases, order and procedures; making and handling of inspection conclusions
The inspection bases, order and procedures and the making and handling of inspection conclusions with regard to enterprises in the observance of law and owners’ decisions must comply with the Inspection Law; the Government’s Decree No. 86/2011/ND-CP of September 22, 2011, detailing and guiding a number of the Inspection Law, and the Government’s Decree No. 07/2012/ND-CP of February 9, 2012, defining agencies with the specialized inspection function and specialized inspection activities.
Tìm kiếm
Nghị định 49/2014/NĐ-CP (Bản Word)
Nghị định 49/2014/NĐ-CP (Bản Pdf)