Chương 3 Nghị định 61/1998/NĐ-CP: Thủ tục thanh tra, kiểm tra

Chapter III

INSPECTION AND CONTROL PROCEDURES

SECTION 1.- INSPECTION PROCEDURES

Article 13.- The promulgation of the inspection decision must be based on the program and plan already approved; the decision of inspection shall be issued by the heads of the inspection agencies in the system of State inspectory organizations or the head of the State management agency and must be notified to the enterprise at least 7 days before the issue of the inspection decision, except for extraordinary inspections or revisions as stipulated in Article 16 and Article 17 of this Decree.

Article 14.- The decision of inspection must clearly state:

1. The legal basis for the inspection;

2. Content, requirements and scope of the inspection;

3. The inspection time-limit;

4. Composition of the inspection team and power and responsibility of the inspection team;

5. Rights and obligations of the inspected enterprise.

Article 15.-

1. Time-limit of the inspection at an enterprise shall not exceed thirty days.

2. When necessary, the person who issues the inspection decision can extend this time-limit. The extention shall not exceed thirty days.

3. The time-limit of the inspection shall begin from the date of the issue of the inspection decision at the enterprise till the issue of the draft conclusion of the inspection team.

Article 16.-

1. Extraordinary inspection shall be conducted only when the enterprise commits a law-breaking act.

2. The decision on extraordinary inspection shall be issued by the head of the inspection agency in the system of inspection organizations of the State or the head of the State management agency.

Article 17.-

1. Revision can be conducted only when there are grounds showing that the inspection conclusion at the enterprise are not accurate or are not objective or new details are detected.

2. The revision decisions shall be issued by the State Inspector General, the Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government or by the Prime Minister himself.

3. The revision decision must clearly state the requirements, contents and the revision time-limit.

4. The revision time-limit shall coincide with the inspection time-limit stipulated in Article 15 of this Decree.

Article 18.- The inspection team must strictly comply with the requirements, contents and time-limit stipulated in the inspection decision. In cases where the enterprise is detected to have signs of law breaking, in addition to the contents stipulated in the decision, these signs must be notified in time to the person who has issued the inspection decision for handling.

Article 19.- In the course of inspection, the application of measures of property inventorization and sealing of documents must comply with the order and procedures prescribed by law.

The inspection team or the inspector can work only with the responsible person of the enterprise at the office or the office of the enterprise and must follow a work schedule. There must be at least two persons present when the responsible person of the enterprise directly explains to the inspection team.

Article 20.- Within the time-limit set in Article 15 of this Decree, the inspection team must publicize the draft resolution of the inspection with the inspected enterprise. This publication must be done in writing.

If the enterprise does not agree with the content of the draft, it may explain to the inspection team. The explanations of the enterprise must be recorded in writing and examined and a conclusion thereon must be made.

Article 21.- Within 20 days at the latest after the publication of the draft conclusion on the inspection, the inspection team must produce a formal written conclusion on the contents already inspected. The inspection conclusions must be sent to the person who has issued the decision on inspection, the inspected enterprise and the higher State inspection organization.

In case the inspection conclusion is related to a Party member, the person who has issued the inspection decision shall have to supply related documents and conclusions to the Party Committee and the competent Inspection Commission of the Party when requested.

Article 22.- The inspection conclusion is a document determining the inspected contents at the enterprise, the legal basis for competent State agencies to issue decisions to handle the affair. Inspection teams who come later shall have to study and use the contents of the conclusions reached by the earlier teams. The inspected enterprise shall have to supply the document on earlier inspection conclusions at the request of the inspection team.

SECTION 2.- CONTROL PROCEDURE

Article 23.- The issue of the control decision must be based on the approved program and plan or on detection of a law breaking act.

The control decision shall be issued by the head of the agency with control function.

The control decision must be notified to the enterprise to be controlled at least three days before the control, except in extraordinary control when a law-breaking act is detected.

Article 24.- The control decision must clearly state:

1. The legal basis for control;

2. The content, requirement and scope of control;

3. The time-limit of the control;

4. The composition of the control team, powers and responsibility of the persons conducting the control task;

5. Powers and obligations of the controlled enterprise.

Article 25.- The time-limit for direct control of a control is five days at most from the issue of the control decision at the enterprise. In special cases, the person who has issued the control decision may extend this time limit. The extension shall not exceed the time-limit set for each control.

Article 26.- The person assigned with the task of control is allowed to control only documents, materials, books and vouchers of the enterprise related to the contents listed in the control decision.

Article 27.- Three days at the latest after the end of the time-limit set at Article 25 of this Decree, the person assigned with the task of control must make a written conclusion on the controlled contents. This document must be sent to the person who has issued the control decision and the controlled enterprise.

Article 28.- The control procedures of the State audit agencies shall comply with the provisions of the law on State audit.

Article 29.- Under the control program and plan or when a violation of law in the domain of State management concerning security, order and social security happens or when a denunciation is made against a crime related to the enterprise, the Economic Police, the Economic Security Force, the Cultural Security Force, the Administrative Management Police on Social Order and Security, the Fire Prevention and Combat Police, the Drug-related Crime Prevention and Combat Police shall, according to their respective functions, conduct inspection of the books, papers, documents, stores, and meet the responsible persons, the knowledgeable persons and perform other activities as prescribed by law.

The control must be undertaken by written decision of the Director, Deputy Director of the Public Security Service of the province or city directly under the Central Government, the Head or Deputy Head of the Public Security Service of the rural/urban district, provincial capital or town of the province. The Heads of the Economic Police Department, the Economic Security Department, the Cultural Security Department, the Administrative Management Police on Social Order and Security, the Fire Prevention and Combat Police, the Drug-related Crime Prevention and Combat Police. The decision must clearly state the grounds, contents, time-limit of the control and the person(s) performing the task of control.

The activities of prosecution and investigation of a criminal case must comply with the prescriptions of the Code on Criminal Procedures on the procedures, competence and time limit of these activities.