Some regulations on agencies performing specialized inspection functions On January 11, 2024, the Government issued Decree No. 03/2024/ND-CP regulating […]
Some regulations on agencies performing specialized inspection functions
On January 11, 2024, the Government issued Decree No. 03/2024/ND-CP regulating agencies performing specialized inspection functions and activities of agencies assigned to performing specialized inspection functions.
The Decree includes 5 Chapters, 46 Articles, detailing a number of articles, clauses and measures to implement the Law on Inspection, including point c, Clause 2, Article 18, point b, Clause 2, Article 26, Article 34, Clause 2, Article 35, Clause 2, Article 36, Clause 3, Article 37, Clause 3, Article 38 of the Law on Inspection.
This Decree applies to state management agencies and heads of state management agencies; Vietnam Social Insurance, General Director of Vietnam Social Insurance, Government Cipher Committee, Head of the Government Cipher Committee, agencies assigned to perform specialized inspection functions, Heads of agencies assigned to perform specialized inspection functions; Chief Inspector of the Ministry, Chief Inspector of the General Department, Department and equivalent under the Ministry; Cipher Inspector, Chief Inspector of Cipher; Inspector of Vietnam Social Insurance, Chief Inspector of Vietnam Social Insurance; Department Inspector, Department Chief Inspector; Head of specialized inspection team, member of specialized inspection team; inspected subjects and other relevant agencies, organizations and individuals. This Decree does not applyng for organizations and agencies performing inspection functions in the People's Police, the People's Army and the State Bank of Vietnam.
The organization and activities of specialized inspection must be consistent with the principles of organization and inspection activities, with the nature and characteristics of the industry and management field specified in the Law on Inspection, Decree No. 43/2023/ND-CP dated June 30, 2023 of the Government detailing a number of articles and measures to implement the Law on Inspection, this Decree and other relevant provisions of law.
The Decree stipulates: The agency assigned to perform the specialized inspection function is the agency that performs state management tasks according to the industry or field assigned to perform the specialized inspection function, including the General Department, Department and equivalent under the Ministry, Department under the General Department and equivalent, other agencies specified in Article 20 and Article 21 of the Decree, unless otherwise prescribed by law. For the planning and investment industry, this Decree stipulates that the Department of Statistics is the agency assigned the specialized inspection function.
Principles of conducting inspection activities of agencies assigned to perform specialized inspection functions:
– Inspection activities of the agency assigned to perform specialized inspection functions are carried out by the Inspection Team according to the order and procedures prescribed by the Law on Inspection, Decree No. 43/2023/ND-CP, this Decree and other relevant provisions of law.
– Inspection activities of agencies assigned to perform specialized inspection functions must be associated with the implementation of professional and technical tasks and rules for managing industries and fields within the scope of management according to industries and fields in order to detect, prevent and promptly handle violations of the law.
– The head of the inspection team and the deputy head of the inspection team must be the person assigned to perform specialized inspection tasks. For inspection teams established by the Director General, the head of the inspection team must be deputy head of department or chief specialist or equivalent or higher; For inspection teams established by the Director of the Department of the General Department, the head of the inspection team must be a specialist or equivalent or higher.
The head of the agency assigned to perform the specialized inspection function shall issue inspection decisions based on the provisions of Article 51 of the Law on Inspection. The inspection decision includes the contents specified in Clause 2, Article 59 of the Law on Inspection.
The head of the agency assigned to perform the specialized inspection function that issues an unexpected inspection decision must send the inspection decision to report to the Chief Inspector of the immediate superior management agency; In case the immediate superior management agency does not establish an inspection agency, it shall be reported to the head of the immediate superior management agency.
In case of an unexpected inspection at the request of a competent authority, an inspection decision must be sent to report to the agency assigning the inspection task.
The time limit for carrying out an inspection is determined in the inspection decision as follows: The inspection conducted by the General Department or Department under the Ministry must not exceed 45 days; In complicated cases, a one-time extension of no more than 30 days is possible; The inspection conducted by the Department of the General Department and Provincial Social Insurance shall not exceed 30 days; In complicated cases or in mountainous areas, border areas, islands, remote areas with difficulty in travel, a one-time extension may not exceed 15 days.
The period of temporary suspension of the inspection as prescribed in Article 70 of the Law on Inspection is not included in the inspection period.
The inspection is extended in complicated cases according to the provisions of Clause 1, Article 48 of the Law on Inspection; The extension of the inspection deadline is decided by the person who makes the inspection decision.
Persons assigned to perform specialized inspection tasks are entitled to compensation based on the actual day of performing the inspection task. The compensation level for people assigned to perform specialized inspection tasks is 80,000 VND/day.
If the agency assigned to perform specialized inspection functions detects overlap or duplication with state audit activities, it will coordinate with the state audit agency to handle them according to the provisions of the Law on State Audit and the Law on Inspection, ensuring that a content of activities of an organization or individual is only subject to one inspection agency or state audit agency.
This Decree takes effect from March 1, 2024 and annulls Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government regulating agencies assigned to perform specialized inspection functions and specialized inspection activities, Decree No. 216/2013/ND-CP dated December 24, 2013 of the Government on organization and inspection activities of the Planning and Investment sector./.
Procedures
