Chương 4 Nghị định 61/1998/NĐ-CP: Quyền và nghĩa vụ của doanh nghiệp và trách nhiệm của các cơ quan nhà nước trong hoạt động thanh tra, kiểm tra

Chapter IV

RIGHTS AND OBLIGATIONS OF THE ENTERPRISE AND RESPONSIBILITY OF THE STATE AGENCIES IN INSPECTION AND CONTROL ACTIVITIES

Article 30.-

1. The enterprise subject to inspection and control has the right:

a/ To refuse the inspection and control pending the decision of the head of the competent State agency stipulated in this Decree; to propose the competent person to settle overlapping in inspection and control of the enterprise as stipulated in Article 31 of this Decree;

b/ To propose explanations about the contents of the inspection and control;

c/ To receive the inspection and control conclusions;

d/ To complain and denounce as stipulated by law against the law-contravening acts in the process of the inspection and control of the enterprise;

e/ To ask for compensation for damage caused by law-contravening measures of handling by inspection and control officials.

2. The enterprise subject to inspection and control has the duty:

a/ To appoint a competent person to work with the inspection or control team, the inspector or controller;

b/ To supply timely information, materials and reports at the request of the person assigned with the task of inspection or control, and take responsibility before law on the supplied information, materials and reports;

c/ To strictly carry out the requests, proposals, decisions and conclusions on the inspection and control.

Article 31.-

1. 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 shall settle the overlapping among the inspection and control teams within the State management powers of their respective Ministries, branches and localities and at the proposal of the Chief Inspectors of the same level.

2. The State Inspector General shall settle the overlapping among the inspection and control teams by decision of 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.

Article 32.-

1. In the process of control, if deeming that the affair needs to be inspected, the person assigned with the task of control must report to the competent authority in order to conduct inspection according to the order prescribed by law.

2. In the process of inspection and control if signs of criminality are detected, the person assigned with the task of inspection and control must propose to the competent level to transfer the dossier or inform the investigation agency as prescribed by the legislation on criminal procedures.

Article 33.- The person assigned with the task of inspection and control has the responsibility to manage and use correctly the vouchers and documents supplied by the enterprise, strictly observe the regulations on secrecy and must not supply to anyone without responsibility the information and documents related to the inspection and control.

Article 34.- It is strictly forbidden to conduct inspection and control of an enterprise without the decision of the competent State agency, or to expand the subjects and scope of inspection and control without authorization, or to use blank papers or violate other provisions on the procedures of inspection and control.

The person assigned with the task of inspection and control is strictly forbidden to harass and cause difficulties and nuisances, to deliberately make conclusions untruthfully or to cover up the persons who commit acts of violation, or to put forward requests in contravention of law to the enterprise under inspection and control, or to impose pressure against the enterprise under inspection and control in the explanations and in answering questions.

It is strictly forbidden to buy off or bribe in any form the person performing the inspection and control task.

Article 35.- 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 shall, within the State managerial powers of their respective ministries, branches and localities, have to settle or direct the Chief Inspectors of the same level to settle the complaints and denunciations about the inspection and control at the enterprises as prescribed by law.

Article 36.- Persons who violate the provisions of this Decree shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if damage is caused, compensation therefor must be made as prescribed by law.