Nghị định 43/2023/NĐ-CP hướng dẫn Luật Thanh tra

DECREE

ELABORATION OF SOME ARTICLES AND MEASURES FOR ENFORCEMENT OF LAW ON INSPECTION

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Inspection dated November 14, 2022;

At the request of the Inspector General of the Government Inspectorate;

The Government promulgates Decree on elaboration of some Articles and measures for enforcement of the Law on Inspection

Chapter I

GENERAL PROVISIONS

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1. The Decree elaborates some Articles of the Law on Inspection, including:

a) Article 38: inspectors;

b) Article 56: re-inspection;

c) Article 60: inspectorate;

d) Article 79: publishing inspection conclusions;

dd) Article 87: request for external assessment;

e) Article 90: requesting credit institution to freeze account of the inspected entity;

g) Article 91: recall of assets which are appropriated, illegally used or lost due to violations;

h) Clause 4 Article 96: authority and procedures for settlement of complaints about contents of inspection conclusions and complaints and reflections on inspection;

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k) Clause 3 Article 106: handling violations against regulations on implementation of inspection conclusions

2. The Decree elaborates some measures for enforcement of the Law on Inspection, including authority and procedures for appointment and dismissal of inspectors; uniforms and cards of inspectors; regimes, policies, allowances and specific regimes applicable to inspectors; organization and operation of internal inspection.

Article 2. Regulated entities

This Decree applies for state management agencies, heads of state management agencies; inspection-conducting authorities, heads of inspection-conducting authorities; chiefs, members of inspectorates and inspectors; inspected entities, agencies, organizations and individuals related to inspection; heads of Governmental agencies; public service providers and persons who conduct internal inspection.

Chapter II

INSPECTORS

Section 1. INSPECTORS AND RESPONSIBILITIES FOR MANAGEMENT AND EMPLOYMENT OF INSPECTORS

Article 3. Inspectors

1. The inspector is a person awarded the rank of inspector to perform tasks and exercise powers in inspection in accordance with regulations of the law. Codes of inspector ranks: senior inspector (code: 04.023), principal inspector (code: 04.024) and inspector (code: 04.025)

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Article 4. Responsibility of inspector

1. An inspector shall be a good example of compliance with the law. He/she shall be responsible for study and research in order to improve his/her professional qualifications for inspection.

2. During the process of inspection, inspectors shall perform tasks as assigned by the chief of the inspectorate; comply with regulations of the law and take responsibility to the law for the performance of the assigned tasks; take responsibility to the chief of the inspectorate, the person issuing the inspection decision and the head of the agency that directly manages them for the performance of the assigned tasks.

Article 5. Responsibilities for management and employment of inspectors

State management agencies and inspection-conducting authorities shall be responsible for management, employment, training, and implementation of wage system, provision of benefits, commendation and imposition of discipline on inspectors according to regulations of the law.

Section 2. APPOINTMENT, SAME-RANK REASSIGNMENT AND DISMISSAL OF INSPECTORS

Article 6. Authority to appoint inspectors

1. Ministers, Heads of ministerial agencies, Presidents of People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “People’s Committees of provinces”) shall appoint inspectors and principal inspectors under their competence.

2. Ministers, Heads of ministerial agencies, Presidents of People’s Committees of provinces shall issue decisions to appoint senior inspectors after obtaining a written consent from the Ministry of Home Affairs.

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1. An inspector who fully satisfies criteria and conditions specified in Articles 39, 40 and 41 of the Law on Inspection shall be considered for promotion in the following cases:

a) Having outstanding achievements in missions throughout the duration for holding the current rank of inspector and being recognized by a competent authority;

b) Being appointed as a leader/manager in association with the requirements of the working position.

2. Requirements for outstanding achievements in missions specified at Point a, Clause 1 of this Article are applicable to emulation titles and commendation forms according to meritorious services and achievements in performance of their duties and missions. To be specific

a) In case of promotion from the inspector to the principal inspector: the inspector is awarded the “Labor Order” from the third-class or higher or receives the title of Emulation Fighter of ministerial, sectorial, provincial or central mass organization level;

b) In case of promotion from the principal inspector to the senior inspector: the inspector is awarded the first-class “Labor Order” or receives the title of National Emulation Fighter.

3. According to the working position and the suitability for the rank structure of the agency employing inspectors approved by the competent authority, the agency employing inspectors shall report consideration of inspectors for promotion to the management agency for consideration and decision according to its competence or submit it to the competent agency for consideration and decision after the inspectors satisfy regulations in Clause 1 of this Article.

Article 8. Appointment to inspector ranks according to procedures for same-rank reassignment

1. A person who is working in an inspection agency and fully meets professional conditions and standards prescribed in Articles 39, 40 and 41 of the Law on Inspection may be considered for same-rank reassignment to be appointed to inspector ranks. To be specific:

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b) If the person is a principal expert or is holding an equivalent title, he/she shall be considered for same-rank reassignment and appointment as a principal inspector;

c) If the person is a senior expert or is holding an equivalent title, he/she shall be considered for same-rank reassignment and appointment as a senior inspector;

2. The consideration of same-rank reassignment and appointment to inspector ranks shall be approved by a Council for same-rank reassignment

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces shall decide to establish a Council for reassigning public employees to inspector ranks (a Council for same-rank reassignment) under their management.

A Council for same-rank reassignment includes 05 members and operates on the principle of collective and voting under the majority rule. A Council includes:

a) Chairperson of the Council is the leader of a ministry, a ministerial agency or a Governmental agency at central level; the President of the People's Committee of province at local level;

b) Deputy Chairperson of the Council is the Director of Department of Personal and Training at central level; Director of Department of Home Affairs;

c) At central level, permanent members are chief inspectors of ministries and ministerial agencies (hereinafter referred to as “ministerial chief inspectors”), or chief inspectors of governmental agencies; at the local level, permanent members are provincial chief inspectors. Such permanent members shall be responsible for preparing procedures and documents in order to report to the Council for same-rank reassignment;

d) Upon request, ministers, heads of ministerial agencies, heads of governmental agencies, Presidents of People's Committees of provinces shall decide to appoint leadership representatives of relevant agencies and units as other members.

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a) Written comments on the working process of the public employee at the request of the agency directly managing the public employee;

b) Declaration of working results; copies of diplomas and certificates authenticated by a competent authority;

c) CV according to regulations.

4. Application for appointment to inspector/principal inspector includes:

a) Personal application according to regulations in Clause 3 of this Article;

b) Minutes of the Council for same-rank reassignment;

c) Written request made by the Council for same-rank reassignment. The written request shall be sent to the minister, the head of the ministerial agency, the head of the Governmental agency or the President of the People's Committee of the province in order to request him/her to make appointment to inspector/principal inspector according to his/her competence.

5. Application for appointment to senior inspector includes:

a) Personal application according to regulations in Clause 3 of this Article;

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c) Written request for appointment to senior inspector made by the Council for same-rank reassignment:

d) Written consent of the Ministry of Home Affairs for appointment to senior inspector.

6. The authority to make appointment to inspector ranks shall comply with regulations in Article 6 of this Decree.

Article 9. Requirements for participation in exams for promotion

1. In case of promotion from inspector to principal inspector, the following requirements shall be satisfied:

a) The inspector shall be recognized for excellent performance of tasks or higher in the year preceding the year of the promotion exam; have political credentials and good ethics; be not liable to any disciplinary measure or any regulation on discipline according to regulations in the Law on Officials and Public Employees;

b) The inspector shall have professional qualifications and capabilities to undertake the working position corresponding to the inspector rank that is higher than his/her current rank;

c) The inspector shall hold the rank of inspector or equivalent for at least 9 years, except for cases where the inspector is an official, public employee, officer of the People's Army and the People's Public Security, cipher worker at another agency/organization and the inspector is holding the rank of official/public employee or the rank equivalent to the rank of principal inspector and transferred to the inspection agency. If the inspector holds a rank during the duration equivalent to the duration for holding the rank of inspector, the duration for holding such rank (equivalent to inspector) shall be at least 01 year (full 12 months);

d) When holding the rank of inspector (or equivalent), the inspector has participated in the development and appraisal of at least 01 legal document or the topic, scheme, project or program for scientific research at grassroots level or higher which has been developed and researched by the organization managing and employing inspectors and issued or accepted by the competent authority;

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e) The inspector shall have competence in using basic information technology, foreign languages ​​at the foreign language proficiency equivalent to level 3 according to the Framework of Reference for Foreign Language Competency or ethnic minority languages ​​(in case where the inspector works in ethnic minority areas) according to the requirements of the working position.

2. In case of promotion from principal inspector to senior inspector, the following requirements shall be satisfied:

a) The principal inspector shall meet conditions and standards specified in points a and b Clause 1 of this Article;

b) The principal inspector shall hold the rank of principal inspector or equivalent for at least 6 years, except for cases where the principal inspector is an official, public employee, officer of the People's Army and the People's Public Security, cipher worker at another agency/organization and the principal inspector is holding the rank of official/public employee or the rank equivalent to the rank of senior inspector and transferred to an inspection agency;

c) When holding the rank of principal inspector (or equivalent), the principal inspector has taken charge of the development and appraisal of at least 02 legal documents or the topic, scheme, project or program for scientific research at state, ministerial, central or provincial level, issued or accepted by the competent authority;

d) The principal inspector shall have at least a bachelor's degree; a certificate of professional training for senior inspector; a certificate of training in state management according to the standard of the rank of senior expert; a bachelor's degree in advanced political theory or a diploma in advanced political and administrative theory;

dd) The principal inspector shall have competence in using basic information technology, foreign languages ​​at the foreign language proficiency equivalent to level 4 according to the Framework of Reference for Foreign Language Competency or ethnic minority languages ​​(in case where the principal inspector works in ethnic minority areas) according to the requirements of the working position.

Article 10. Appointing inspectors who pass exams for promotion to inspector ranks

1. Regarding public employees who are inspectors or principal inspectors, meet all conditions and criteria and are appointed by ministers, heads of ministerial agencies or Presidents of People's Committees of provinces to participate in exams for promotion, if they pass such exams, they shall be considered for appointment to the respective ranks.

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Article 11. Appointing officers of the People's Army or the People's Public Security, cipher workers to inspector ranks

1. If officers of the People's Army and the People's Public Security working in inspection agencies of the Ministry of National Defense and the Ministry of Public Security and cipher workers fully meet the conditions and standards of the inspector ranks as prescribed in Articles 39, 40 and 41 of the Law on Inspection, they shall be considered and appointed to the respective ranks of inspectors according to the conditions, criteria and demands for working positions.

2. A Council for appointing officers of the People's Army and the People's Public Security and cipher workers to inspector ranks shall be established by the Minister of National Defense and the Minister of Public Security.

A Council for appointment includes 05 members and operates on the principle of collective and voting under the majority rule. A Council includes:

a) Chairperson of the Council is a leadership representative of the Ministry of National Defense or the Ministry of Public Security;

b) Deputy Chairperson of the Council is a head of an agency in charge of personnel under the Ministry of National Defense or the Ministry of Public Security;

c) Permanent members are ministerial chief inspectors. Permanent members shall be responsible for preparing documents and procedures to report to the Council for same-rank reassignment;

d) Upon request, the Minister of National Defense or the Minister of Public Security shall decide to appoint leadership representatives of relevant agencies and units as other members.

3. An application for appointing officers of the People's Army and the People's Public Security and cipher workers to inspector ranks shall comply with regulations in Clauses 4 and 5 Article 8 of this Decree.

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Article 12. Dismissal of inspectors

1. Dismissal of inspectors shall comply with regulations in Clause 1, Article 42 of the Law on Inspection.

2. The agency having authority to appoint an inspector rank shall have authority to dismiss such inspector rank.

3. Dismissal procedures:

a) The head of an agency or unit that directly manages inspectors shall make a written request for the dismissal of inspectors;

b) Agencies, units, departments and persons assigned to be in charge of organization of inspectors shall, according to delegation of management of inspectors, make draft decisions on dismissal, collect relevant documents and submit them to competent authorities for issuance of decisions on dismissal;

c) Agencies, units, departments and persons assigned to be in charge of organization of inspectors shall notify decisions on dismissal and revocation of cards and other equipment in service of inspection.

Section 3. UNIFORMS, CARDS OF INSPECTORS AND REGIMES AND POLICIES APPLICABLE TO INSPECTORS

Article 13. Uniforms

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2. Uniforms of inspectors who are officers of the People's Army or the People's Public Security, cipher workers shall comply with regulations of the Ministry of National Defense and the Ministry of Public Security.

3. Inspectors shall be responsible for preserving and using uniforms in accordance with the law.

4. The Minister of Finance shall agree with the Inspector General of the Government Inspectorate about the regime of provision of uniforms for inspectors of inspection agencies.

5. The Inspector General of the Government Inspectorate shall stipulate the uniform patterns, management and use of uniforms by inspectors of inspection agencies.

Article 14. Cards of inspectors

1. Inspectors shall be provided with cards to use when conducting inspection. Inspection cards shall be provided after the decision to appoint inspectors is issued. Inspection cards shall be revoked when inspectors are dismissed.

The Inspector General of the Government Inspectorate shall stipulate card patterns, provision, management and use of cards. Ministers, heads of ministerial agencies and chairpersons of People's Committees of provinces shall manage and provide inspection cards for inspectors under their management.

2. Inspectors shall be responsible for preserving and using cards when performing tasks. It is strictly forbidden to use cards for personal purposes. If inspectors use their cards to commit violations, depending on the nature and danger of such violations, they shall incur disciplinary penalties or face criminal prosecution.

Article 15. Funding for sewing and purchasing uniforms and cards of inspectors

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2. Inspection agencies shall, according to entities who are provided with cards, uniforms and the quantity of types of uniforms reaching the end of their life expectancy as prescribed, make budget estimates and send them to finance authorities of the same level for review and submission to competent authorities for approval and provision of funding for sewing and purchasing uniforms. These budget estimates shall be enclosed with annual budget expenditure estimates. Funding for sewing/purchasing uniforms and making inspection cards to be provided shall be exclusive of administrative expenditure norm according to the payroll.

Article 16. Regimes and policies applicable to inspectors

1. Responsibility allowance regime applicable to inspector:

a) The Inspector General of the Government Inspectorate, a Deputy Inspector General or a senior inspector shall be entitled to a responsibility allowance equal to 15% of his/her current salary plus leadership allowance and extra-seniority allowance (if any);

b) A principal inspector shall be entitled to a responsibility allowance equal to 20% of his/her current salary plus leadership allowance and extra-seniority allowance (if any);

c) An inspector shall be entitled to a responsibility allowance equal to 25% of his/her current salary plus leadership allowance and extra-seniority allowance (if any).

2. Other than regulations in Clause 1 of this Article, inspectors who are public employees shall be entitled to the same benefits as other officials and public employees under regulations of the Law on Officials and Public Employees; salary, seniority allowance and other special regimes and policies as prescribed by law.

3. Inspectors who are officers of the People's Army or the People's Public Security, cipher workers shall be entitled to regimes, according to regulations, applicable to the armed forces and responsibility allowances as prescribed in Clause 1 of this Article.

Article 17. Inspection training

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Chapter III

RE-INSPECTION

Article 18. Authority to conduct re-inspection

1. The Inspector General of the Government Inspectorate shall decide re-inspection of cases which the conclusions have been made by the ministerial inspectorate, the inspection agency of the governmental agency or the provincial inspectorate when there are signs of serious violations.

2. The ministerial chief inspectors shall decide re-inspection of cases which the conclusions have been made by sub-ministerial inspectorates, other specialized authorities assigned to conduct inspection under ministries; and cases which the conclusions have been made by inspectorates of provincial-level departments under the scope of state management by ministries when there are signs of serious violations.

3. The provincial chief inspectors shall decide re-inspection of cases which the conclusions have been made by inspectorates of provincial-level departments and the district inspectorates when there are signs of serious violations.

Article 19. Grounds for re-inspection

Grounds for re-inspection according to regulations in Clause 1 Article 56 of the Law on Inspection:

1. There are serious violations against regulations on procedures during the inspection, thereby causing defects in contents of inspection conclusions, including: failure to develop and send the list of issues to be reported on by the inspected entity; failure to collect information and documents related to inspection contents; failure to check or verify information and documents; and failure to report inspection results obtained from the inspectorate.

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3. Contents of inspection conclusions are not consistent with evidences that have been collected during the inspection, thereby causing improper assessment, aggravation, mitigation or omission of violations committed by the inspected entities; or there are complaints that handling violations is not inconsistent with the nature and danger of the detected violations.

4. Inspection-conducting persons intentionally falsify case files. To be specific: they add, remove, modify, swap, destroy or damage the information, documents and evidences of the inspection or conduct other tricks in order to falsify the contents of the case files.

5. Superior inspection agencies or other competent agencies detect signs of serious violations committed by the inspected entities but have not yet fully detected violations via inspection according to contents stated in inspection decisions and detailed inspection plans that have previously made by inspectorates

Article 20. Duration of re-inspection

1. The duration for an inspection conducted by the Government Inspectorate shall not exceed 45 days.

2. The duration for an inspection conducted by the ministerial inspectorate or the provincial inspectorate shall not exceed 30 days.

Article 21. Procedures for re-inspection

1. Procedures for an inspection shall be carried out as follows:

a) Issuing an inspection decision;

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c) Developing and sending an outline to request the inspected entity to make report;

d) Collecting information and documents related to inspection contents;

dd) Checking and verifying information and documents;

e) Reporting inspection results;

g) Making a draft inspection conclusion;

h) Issuing the inspection conclusion;

i) Publishing the inspection conclusion;

2. Procedures for conducting re-inspection specified in Clause 1 of this Article shall be carried out according to regulations of Sections 2, 3 and 4 of Chapter IV of the Law on Inspection.

Article 22. Re-inspection decision

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a) Grounds for issuance;

b) Scope, contents and the inspected entity;

c) Duration of re-inspection;

d) Establishment of an inspectorate in charge of re-inspection. The inspectorate includes the chief, the deputy chief (if any), and other members.

2. Within 05 days from the date of signing the re-inspection decision, the person having authority to decide re-inspection shall send the re-inspection decision to the person who has signed the inspection conclusion and the re-inspected entity.

The decision on re-inspection shall be published within 15 days from the date of signing.

Article 23. Tasks and powers of persons issuing inspection decisions, chiefs and members of inspectorates in charge of re-inspection.

When conducting re-inspection, persons issuing inspection decisions, chiefs, deputy chiefs and members of inspectorates in charge of re-inspection shall perform their tasks and exercise their powers prescribed in Articles 80, 81 and 82 of the Law on Inspection and in accordance with this Decree.

Article 24. Contents of re-inspection conclusion;

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a) Conclusion of contents subject to re-inspection;

b) Assessment of the performance of tasks, exercise of powers and compliance with regulations of the Law on Inspection by an inspection agency or an inspection-conducting person

c) Clear identification of the nature, danger and consequence(s) of violation(s); causes and responsibility of an agency, organization or individual that commits violations (if any);

d) Handling measures according to its competence and proposal for solutions, handling measures and remedial measures (if any) for assurance about the interests of the State, the lawful rights and interests of the inspected entity, relevant agency, organization or individual;

dd) Limitations and inadequacies of relevant management mechanisms, policies and laws and recommendations for remedy (if any).

2. The re-inspection conclusion comes into force and replaces the previous inspection conclusion for re-inspected contents. Relevant agencies, organizations and individuals shall be responsible for implementation of the re-inspection conclusion.

Chapter IV

INSPECTORATE

Article 25. Components of inspectorate

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2. The deputy chief shall assist the chief in performing the assigned tasks and take charge of some activities assigned by the chief. Other members shall perform tasks as assigned by the chief.

Article 26. Responsibilities of persons issuing inspection decisions, heads of agencies and units assigned to conduct inspection and chiefs of inspectorates

1. A person issuing an inspection decision shall be responsible for organizing, directing and supervising the inspectorate in order to ensure that the inspection is conducted in accordance with the law, for the intended purposes, and according to requirements, schedule and duration; promptly settling reflections and complaints from the inspectorate and denunciations, complaints and reflections related to operations of the inspectorate.

2. A head of the agency or unit assigned to take charge of inspection shall be responsible for appointing people to participate in the inspectorate; supervising members of the inspectorate under his agency/unit; performing other tasks assigned by the person issuing the inspection decision.

3. The chief of an inspectorate shall be responsible for organizing and directing members to strictly comply with inspection contents and progress according to the inspection decision and the detailed inspection plan; implementing information and reporting regime at the request of the person issuing an inspection decision; making a logbook; and taking responsibility to the person issuing the inspection decision for operations of the inspectorate.

Article 27. Appointing people to participate in inspectorate

1. The head of the agency or unit assigned to take charge of inspection shall be responsible for appointing people with professional qualifications in conformity with requirements of the inspection as the chief/the deputy chief and proposing the number of people participating in the inspectorate so that the person issuing the inspection decision considers making decision.

2. The head of the agency or unit assigned to take charge of inspection shall discuss and reach an agreement with the person expected to be the chief of the inspectorate about persons expected to be members of the inspectorate. The appointment of the chief and members of the inspectorate shall be notified to the unit directly managing and employing persons who have been appointed, the unit in charge of organization and personnel and persons expected to be members of the inspectorate.

Article 28. Standards applicable to chiefs of inspectorates

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a) Having good moral qualities and sense of responsibility; being upright, honesty, fair and objective;

b) Having professional qualifications in conformity with requirements and tasks of the inspection;

c) Having comprehensive knowledge about inspection; having the ability to analyze, assess and review issues related to contents and fields subject to inspection;

d) Having ability to organize, administer and provide guidance for other members in order to perform the assigned tasks.

2. Specific standards:

a) The chief of the inspectorate established by the Inspector General of the Government Inspectorate shall be a principal inspector or higher;

b) The chief of the inspectorate established by the ministerial chief inspector, the chief inspector of a Governmental agency or the provincial chief inspector shall be a principal inspector or higher;

c) The chief of the inspectorate established by the chief inspector of sub-ministerial inspectorate shall be an inspector or higher;

d) The chief of the inspectorate established by the chief inspector of provincial-level department or the chief inspector of district shall be an inspector or higher;

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1. A person must not be a member of an inspectorate in any of the following cases:

a) Any person contributing capital to an enterprise and hold shares in such enterprise that is the inspected entity, unless otherwise provided for by law;

b) Any person whose spouse, father, mother, biological child, or biological sibling is the head, the deputy head, the person in charge of personnel, an accountant, a treasurer or a storekeeper in an agency, organization or unit that is the inspected entity;

c) Any person who is being considered for disciplinary action or criminal prosecution;

d) Any person who is facing disciplinary measure or criminal prosecution and the duration for repeal of disciplinary measures or conviction expungement has not yet expired.

2. A person must not be a chief/deputy chief of an inspectorate in any of the following cases:

a) Any person under one of cases specified in Points a, c and d Clause 1 of this Article;

b) Any person whose spouse, father, mother, mother-in-law, father-in-law, biological child, biological sibling or sibling-in-law is working in an agency, organization or unit that is the inspected entity;

3. The head of the agency or unit assigned to take charge of inspection shall be responsible for check and review to detect cases where people must not be chiefs, deputy chiefs or other members of inspectorates before submitting them to the person issuing the inspection decision.

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4. During the process of inspection, if it is detected that any person falls into one of the cases specified in Clauses 1 and 2 of this Article, the person issuing the inspection decision shall consider deciding change of the chief or members of the inspectorate.

During the process of inspection, the chief, the deputy chief or other members of the inspectorate shall make report to the person issuing the inspection decision for consideration and decision if he/she/they find himself/herself/themselves falling into one of the cases specified in Clauses 1 and 2 of this Article.

Article 30. Change of chief, deputy chief and other members of inspectorate

1. The person issuing inspection decision shall consider and change members of an inspectorate in any of the following cases:

a) Committing one of the prohibited acts as prescribed in Article 8 of the Law on Inspection;

b) Falling into one of cases specified in Clause 1, Article 29 of this Decree (it is detected that members of the inspectorate fall into one of cases specified in Clause 1, Article 29 throughout the process of inspection);

c) Failing to comply with information and reporting regimes, follow direction and administration of the chief of the inspectorate;

d) Failing to complete the assigned tasks, being unable to continue to conduct inspection due to health problems or other objective reasons.

2. The person issuing inspection decision shall consider and change the chief or the deputy chief of an inspectorate in any of the following cases:

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b) Failing to comply with information and reporting regimes, follow direction and administration of the person issuing inspection decision;

c) Having grounds that the chief or the deputy chief of the inspectorate is incapable of completing inspection;

d) Being assigned to perform other tasks at the request of the competent agency or organization.

Article 31. Procedures for change of chief, deputy chief and other members of inspectorate and addition of members

1. Change of the chief, the deputy chief of an inspectorate

The person issuing inspection decision shall, according to the written request and other information related to the operation of the inspectorate, consider and issue a decision on change of the chief or the deputy chief of the inspectorate.

2. Change of members of the inspectorate

The person issuing inspection decision shall, according to the written request of the chief, the result of supervision of the inspectorate's operation and other information related to the inspectorate's operation, issue a decision on change of members of the inspectorate. In case of disagreement, the person issuing inspection decision shall reply to the requester and clearly state the reason.

3. Addition of members

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4. Decision on change of the chief, the deputy chief, or other members of the inspectorate, addition of members shall be sent to the inspected entity.

Article 32. Logbook of inspectorate

1. The chief of the inspectorate shall be responsible for making a logbook, in an accurate, objective and honest manner, of contents related to operations of the inspectorate that take place from the time when the inspection decision is published until the inspection conclusion is issued. The logbook shall be stored in the inspection dossier.

The chief of the inspectorate shall be responsible for managing the logbook and other documents during the process of inspection.

2. The logbook shall be printed and published as follows:

a) The Government Inspectorate shall print and publish its logbook;

b) The ministerial inspectorate shall print and publish logbooks for the ministerial inspectorate, sub-ministerial inspectorates and specialized authorities assigned to conduct inspection under its management;

c) Inspectorates under Governmental agencies shall print and publish their logbooks;

b) The provincial inspectorate shall print and publish logbooks for the provincial inspectorate and district inspectorates under its management.

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Article 33. Standards, regimes and policies applicable to persons summoned to participate in inspectorate

1. Persons summoned to participate in an inspectorate are inspectors of inferior inspection agencies or officials or public employees of state agencies or public service providers and such persons do not fall into one of the cases specified in Clause 1 of Article 29 of this Decree.

2. A person summoned to participate in the inspectorate shall have good moral qualities and sense of responsibility; be upright, honesty, fair and objective; and have qualifications in conformity with requirements and tasks in inspection of the summoning agency.

3. During the duration of participation in the inspectorate, the summoned persons shall be entitled to regimes and policies applicable to officials and public employees in accordance with the law; receive travel expenses and obtain assurance about working conditions and facilities and other benefits of members of the inspectorate.

4. The summoning persons to participate in the inspectorate shall be done in writing. The summoning document shall clearly state grounds, summoning period, tasks, and regimes and policies applicable to summoned persons.

5. At the end of the summoning period, the summoning agency shall make a written comment on the performance of tasks by the summoned persons and send it to the head of the agency directly managing such persons.

Chapter V

ASSESSMENT, FREEZE ON ACCOUNT, RECALL OF ASSETS WHICH ARE APPROPRIATED, ILLEGALLY USED OR LOST DURING INSPECTION

Section 1. ASSESSMENT IN INSPECTION

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1. If it is necessary to assess specialized and technical contents to serve as a basis for conclusion, the person issuing inspection decision shall request a specialized agency or organization at the same level to assess such contents.

2. The inspection-conducting authority shall send a written request to a specialized agency or organization in order to request the agency or organization to carry out the assessment. The written request shall clearly state contents to be assessed and the assessment duration.

Article 35. Agencies/organizations carrying out assessment

Ministries, ministerial agencies, governmental agencies, specialized agencies under the People's Committees of provinces or equivalent agencies, public service providers or non-public assessment organizations shall carry out the assessment at the request of inspection-conducting authorities.

Article 36. Rights and obligations of agencies/organizations having authority to carry out assessment

1. An agency/organization having authority to carry out assessment has the right to:

a) Establish an assessment council consisting of people with professional qualifications in conformity with contents to be assessed;

b) Select necessary and appropriate methods to carry out the assessment according to contents to be assessed;

c) Use assessment results to make assessment conclusions;

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dd) Receive assessment remuneration.

2. An agency/organization carrying out assessment has the obligation to:

a) Carry out the assessment according to contents and the duration under the assessment request;

b) Take responsibility to the law for the accuracy, objectivity and timeliness of assessment results;

c) Ensure that no result is leaked to any third party.

Article 37. Assessment duration

1. The assessment duration shall be decided by the person issuing inspection decision.

2. If there is any problem or ground to believe that the assessment cannot be completed by the deadline, the agency or organization carrying out the assessment shall promptly notify in writing, provide clear reasons for the inspection-conducting authority and state expected duration for completion and making of assessment conclusion.

Article 38. Assessment conclusions

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a) Agency/organization carrying out assessment;

b) Name of agency that requests assessment;

c) Information on identification of assessment subjects;

d) Duration for receipt of the document on request for external assessment;

dd) Contents to be assessed;

e) Methods of carrying out assessment;

g) Clear and specific conclusions on professional contents of subjects to be assessed according to the assessment request;

h) Time and location for carrying out and completing external assessment.

2. The assessment conclusion is one of the grounds for the inspection-conducting authority to conclude inspection contents.

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1. Every year, inspection-conducting authorities shall make estimates of costs of request for assessment

2. The Ministry of Finance shall provide guidance on grounds for determination of assessment remuneration and payment of such remuneration.

3. Funding for request for external assessment shall be paid by the inspection-conducting authority and covered by the state budget. In case the inspected entity commit violations, the funding shall be paid by the inspected entity, unless otherwise provided for by law.

Section 2. FREEZE ON ACCOUNT OF THE INSPECTED ENTITY

Article 40. Grounds for freeze on account

1. The inspected entity’s acts are suspected as hiding assets. To be specific:

a) Transferring or preparing to transfer their money to other accounts with unclear purposes, contents and recipients;

b) Transferring right to ownership and/or right to enjoyment of assets such as donation, mortgage, pledge, destruction or changes in status of assets;

c) Falsifying accounting records, thereby causing change in assets.

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Article 41. Right to request for and responsibility for freeze on account

1. The person issuing inspection decision or the chief of the inspectorate shall decide to freeze the account of the inspected entity when there are grounds for freeze on accounts specified in Article 40 of this Decree to serve inspection. The decision on freeze on the account shall be sent to the credit institution, the branch of foreign bank in Vietnam (hereinafter referred to as "credit institution”) where the inspected entity has an account.

2. The credit institution, the inspected entity, relevant agencies, organizations and individuals shall fully and promptly comply with the inspection agency’s request for freeze on accounts.

Article 42. Responsibilities of information providers for freeze on accounts

1. Agencies, organizations and individuals shall be responsible for providing information on accounts of the inspected entities at credit institutions in accordance with the Law on Inspection.

2. The credit institution shall provide information related to customer’s deposits and assets held by the credit institution in accordance with regulations of laws.

Article 43. Procedures for requesting credit institutions to freeze accounts

1. The competent person who requests freeze on an account shall send the Decision on freeze on the account to the credit institution where the inspected entity and the accounts exist.

2. Decision on freeze on an account shall specify the number of account, purposes of freeze, the scope of freeze; the amount of frozen cash, the starting time of freeze, the duration of freeze and responsibility of implementation of the credit institution and other information (if any).

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1. After the receipt of decision on freeze on the account issued by the competent person, the credit institution, where the inspected entity opens the account, shall freeze the account under the decision on freeze on account.

2. The credit institution shall inform the account holder of freeze on his/her account.

Article 45. Cancellation of decisions on freeze on accounts

1. Within 03 working days from the day on which the inspected entity completely abides by the decision on collection of cash and asset or the ground for issuance of the decision on freeze on the account no longer exists, the competent person who makes decision on freeze on the account shall withdraw this decision. The decision on freeze on the account shall be sent to the credit institution where the inspected entity and his/her accounts exist.

2. After the receipt of the decision on cancellation of freeze on the account issued by the competent person, the credit institution, where the inspected entity opens his/account, shall re-open the account under the Decision on cancellation of freeze on the account and inform the account holder of this decision.

Section 3. RECALL OF ASSETS WHICH ARE APPROPRIATED, ILLEGALLY USED OR LOST DUE TO VIOLATIONS

Article 46. Recall of assets which are appropriated, illegally used or lost due to violations

1. During the process of the inspection, the person issuing inspection decision shall decide or request the competent authority to decide to immediately recall assets which are appropriated, illegally used or lost due to violations committed by the inspected entity when there are clear evidences about violations or the inspected entity admits his/her/its violations or proactively returns assets which are appropriated or illegally used.

2. Assets which are appropriated, illegally used or lost due to violations shall be handled as follows:

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b) With regard to real estate, the competent agency is required to expropriate the real estate according to regulations of the law;

c) With regard to movable estate and valuable papers, according to the actual situation, the person issuing inspection decision shall assign an agency or organization that meets conditions for physical facilities and professional qualifications to manage such movable estate and valuable papers;

d) With regard to goods with special requirements for preservation, the agency or organization that meets conditions for physical facilities and has capacity for preservation is assigned to manage such goods.

3. The recall decision shall be sent to the agency, organization or individual that is responsible for managing such money and assets in accordance with law.

4. Funding for management of assets specified at Points b, c and d, Clause 2 of this Article shall be paid by the inspection agency and covered by the state budget.

5. The legal rights and interests over the handled assets of the inspected entity whose assets are recalled shall be protected and the inspected entity has the right to complain about the recall decision in accordance with law.

Article 47. Responsibilities of agencies, organizations and individuals managing money and assets which are appropriated, illegally used or lost due to violations

Agencies, organizations and individuals that manage money and assets which are appropriated or illegally used shall be responsible for abiding by decisions made by persons issuing inspection decisions on recall of money and assets which are appropriated, illegally used or lost due to violations.

Chapter IV

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Section 1. PUBLISHING INSPECTION CONCLUSIONS

Article 48. Contents of inspection conclusions to be published;

The entirety of the inspection conclusion shall be published, except for contents that fall within state secrets, bank secrecy or trade secrets as prescribed by the law.

Article 49. Forms of publishing inspection conclusions

1. Inspection conclusions shall be published on the web portal of the inspection agency, the specialized authority assigned to conduct inspection or the state management agency at the same level within at least 15 consecutive days.

2. Other than the form of publishing inspection conclusions specified in Clause 1 of this Article, the person making the inspection conclusion may select at least one of the following methods:

a) Organizing press conference or meeting to publish inspection conclusions. The participants include the person issuing inspection decision, authorized person, representative of inspectorate, the inspected entity, relevant agencies, organizations and individuals;

b) Publishing inspection conclusions on mass media (including printed newspapers, talking newspapers, photo newspapers and online newspapers) An inspection conclusion shall be published on the printed newspaper, talking newspaper or photo newspaper at least 02 consecutive times; the inspection conclusion shall be published on online newspaper for at least 15 consecutive days;

c) Inspection conclusions shall be publicly displayed by the inspected entities at their premises. The duration for public displaying is 15 consecutive days

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Article 50. Purposes

The monitoring and urging of the implementation of an inspection conclusion aim to assist the person issuing the inspection conclusion in observing the progress, having results of the implementation of the inspection conclusion, the inspection-related decision, and overcoming difficulties and obstacles or requesting the competent agency to handle such difficulties and obstacles.

Article 51. Authority

Heads of inspection agencies specified in Clause 2, Article 105 of the Law on Inspection that issue inspection conclusions shall be responsible for monitoring and urging the implementation of their inspection conclusions and inspection-related decisions and those of heads of management agencies at the same level.

Article 52. Monitoring and urging entities

Entities monitoring and urging the implementation of inspection conclusions are inspected entities, agencies directly managing inspected entities, agencies, organizations and individuals that are responsible for or relevant to the implementation of inspection conclusions.

Article 53. Forms

1. The implementation of inspection conclusions shall be monitored by collecting results and requests from agencies, organizations and individuals involved in the implementation of inspection conclusions and inspection-related decisions, reporting the implementation of conclusions, recommendations and inspection-related decisions and providing verification documents.

2. The implementation of inspection conclusions shall be urged by sending documents to agencies, organizations and individuals involved in the implementation of inspection conclusions and inspection-related decisions.

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1. Contents of monitoring the implementation of inspection conclusions and inspection-related decisions

a) Direction and organization of the implementation of inspection conclusions and inspection-related decisions by heads of agencies, organizations or units;

b) Progress and results of implementation of contents of inspection conclusions and inspection-related decisions of agencies, organizations or units that must implement such contents;

c) Difficulties and obstacles to the implementation of conclusions, recommendations and inspection-related decisions.

2. Contents of urging the implementation of inspection conclusions and inspection-related decisions

a) Contents specified in Clause 1 of this Article;

b) Requesting agencies, organizations or units to report and explain the incomplete implementation of inspection conclusions and inspection-related decisions;

c) Requesting agencies, organizations or units to impose specific measures to complete the implementation of inspection conclusions and inspection-related decisions; and report imposition of such measures.

Section 3. EXAMINING IMPLEMENTATION OF INSPECTION CONCLUSIONS AND INSPECTION-RELATED DECISIONS

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1. The person issuing inspection decision shall decide to examine the implementation of inspection conclusion and inspection-related decision when there is one of the following grounds;

a) The agency, organization or individual involved in the implementation of inspection conclusion and inspection-related decision fails to make report or make full report at the request of the person who monitors and urges the implementation;

b) The agency, organization or individual fails to implement or fully implement the inspection conclusion and the inspection-related decision when it/she/he has been urged to implement such conclusion and decision;

c) Entities obstruct the implementation, disperse assets, destroy documents or fail to cooperate in the implementation of inspection conclusion or inspection-related decision.

2. A decision to examine the implementation of inspection conclusion and inspection-related decision includes:

a) Grounds for issuance;

b) Scope, entities and contents;

c) Duration;

d) Persons assigned to examine implementation.

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Article 56. Duration for examination

The duration for examining the implementation of inspection conclusions and inspection-related decisions is 10 days from the date in which the examined entity receives the examination decision.

Article 57. Examination contents

1. Results of the implementation of inspection conclusions and inspection-related decisions.

2. Difficulties, obstacles and objective and subjective causes for failure to implement or fully implement inspection conclusions and inspection-related decisions.

3. Violations against regulations of the law on implementation of inspection conclusions and inspection-related decisions committed by relevant parties.

Article 58. Report on examination results

1. Within 15 working days from the date of completion of the examination, the person assigned to examine the implementation of inspection conclusion and inspection-related decision shall report results to the head of the inspection agency.

2. A report on examination results includes:

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b) Identification of responsibilities of collectives and individuals for failure to implement or fully implement inspection conclusion and inspection-related decision;

c) Recommendations for handling law violators and other contents related to the implementation of inspection conclusion and inspection-related decision;

d) Recommendations for measures and solutions to implement the inspection conclusion and inspection-related decision; recommendations for re-inspection in case when there are grounds specified in Article 19 of this Decree; recommendations for reconsideration of conclusions and recommendations on inspection and inspection-related decision.

Article 59. Handling results of examination

1. According to the report on examination results, the person issuing inspection decision shall handle such results. To be specific:

a) Requesting the head of the agency directly managing the agency, organization or individual involved in the implementation of inspection conclusion and inspection-related decision to discipline violators;

b) According to his/her competence, handling or requesting the competent state agency to handle economic violations;

c) According to his/her competence, applying or requesting the competent person to apply measures for handling administrative violations;

d) Requesting the competent the state agency to consider the responsibility of the head of the agency directly managing the entity when failing to apply measures according to his/her competence to request the entity to strictly implement inspection conclusion and inspection-related decision;

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2. If the inspection conclusion or the inspection-related decision cannot be implemented, it is required to collect opinions from the head of the state management agency for consideration and decision.

Chapter VII

SETTLEMENT OF COMPLAINTS AND REFLECTIONS ABOUT INSPECTION; SETTLEMENT OF COMPLAINTS ABOUT CONTENTS OF INSPECTION CONCLUSIONS

Section 1. SETTLEMENT OF COMPLAINTS AND REFLECTIONS ABOUT INSPECTION

Article 60. Authority to settle complaints and reflections about inspection

1. The chief of the inspectorate shall be responsible for receiving and settling complaints and reflections on the duration, contents and operation methods of the inspectorate, the chief and other members of the inspectorate.

2. The person issuing inspection decision shall be responsible for receiving and settling complaints and reflections on violations against regulations on performance of duties and powers and other prohibited acts committed by the chief and other members of the inspectorate.

Article 61. Procedures for settlement of complaints and reflections about inspection

1. The chief of the inspectorate shall be responsible for considering and settling complaints and reflections on the duration, contents and operation methods of the inspectorate, the chief and other members of the inspectorate, and replying to entities that have such complaints and reflections.

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3. The duration for settlement of complaints and reflections specified in Clause 1 of this Article is 05 working days. The duration for settlement of complaints and reflections specified in Clause 2 of this Article is 15 days.

Section 2. SETTLEMENT OF COMPLAINTS ABOUT CONTENTS OF INSPECTION CONCLUSIONS

Article 62. Authority to settle complaints about contents of inspection conclusions

1. Heads of state management agencies at the same level as agencies that have issued inspection conclusions and heads of inspection agencies shall be responsible for receiving and settling complaints about contents of inspection conclusions from inspected entities, agencies, organizations and individuals related to the contents of the inspection conclusions.

2. Heads of inspection agencies shall be responsible for receiving and processing requests of heads of state management agencies specified in Clause 3, Article 6 of the Law on Inspection throughout the processing of inspection conclusions.

3. Heads of superior inspection agencies shall be responsible for receiving and settling complaints about inspection-conducting agencies throughout the processing of inspection conclusions.

Article 63. Procedures for settlement of complaints about contents of inspection conclusions

1. Procedures for settlement of complaints about contents of inspection conclusions specified in Clause 1 Article 62 of this Decree shall be carried out as follows:

a) Within 15 working days from the date in which the inspection conclusion is published, the inspected entity, relevant agencies, organizations and individuals have the right to send their complaints about contents of the inspection conclusion to the person issuing inspection decision and the head of the state management agency at the same level as the agency that has issued the inspection conclusion;

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2. If requests or complaints specified in Article 62 of this Decree fully meet conditions prescribed in Article 56 of the Law on Inspection and Article 19 of this Decree, such requests and complaints shall be processed and settled as follows:

a) The head of the management agency at the same level as the agency that has issued the inspection conclusion shall request or recommend the competent inspection agency to consider and decide the inspection or re-inspection;

b) The head of the inspection-conducting agency shall request the competent superior inspection agency to consider and decide the re-inspection.

Chapter VIII

HANDLING VIOLATIONS AGAINST REGULATIONS ON IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 64. Handling violations committed by persons of agencies, organizations or units that are subject to inspection; persons of relevant agencies, organizations and individuals

1. According to the nature and danger of violation(s), the violator shall face disciplinary measures including reprimand, warning, dismissal or deposition (if the violator is an official); reprimand, warning, reduction in pay rate, demotion or dismissal (if the violator is a public official); reprimand, warning or dismissal (if the violator is a public employee) or face criminal prosecution. The violator shall pay compensation for damage in accordance with law when committing one of the violations. To be specific:

a) Failing to monitor, urge and inspect the implementation of the inspection conclusion or fulfill his/her responsibility for monitoring, urging and inspecting the implementation of the inspection conclusion;

b) Failing to propose measures to handle the responsibility of an agency/organization/individual in case it/he/she commits any violation against regulations on implementation of the inspection conclusion;

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2. In case persons committing violations specified at Point a, b or c, Clause 1 of this Article are not officials or public employees, according to the nature and danger of their violations, they shall face administrative penalties or criminal prosecution according to regulations of the law.

Article 65. Handling violations committed by heads of agencies or organizations directly managing inspected entities

If a head of an agency or organization directly managing the inspected entity commit violation (s), he/she shall face disciplinary measures. To be specific:

1. The head shall be subject to reprimand when he/she commits one of the following violations:

a) Failing to direct the implementation of inspection conclusion, directing document, request, recommendation and inspection-related decision;

b) Failing to request or recommend a competent agency/organization/individual to handle violations or implement the decision, request and recommendation from the person issuing inspection conclusion;

c) Failing to monitor, urge and inspect the implementation of the inspection conclusion, directing document, request, recommendation and inspection-related decision.

2. Regarding persons committing violations specified at Points a, b or c, Clause 1 of this Article and causing serious consequences, according to the nature and dangers of their violations, they shall be subject to handling measures including warning or dismissal (if they are officials); warning, reduction in pay rate, demotion or dismissal (if they are public officials); warning or dismissal (if they are public employees) or criminal prosecution. In case of causing damage, they shall pay compensation in accordance with law.

3. In case persons committing violations specified at Point a, b or c, Clause 1 of this Article are not officials or public employees, according to the nature and danger of their violations, they shall face administrative penalties or criminal prosecution. In case of causing damage, they shall pay compensation in accordance with law

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ORGANIZATION AND OPERATION OF INTERNAL INSPECTION

Article 66. Organization of internal inspection

1. Heads of governmental agencies and public service providers shall organize internal inspection to manage and ensure observance of policies and laws, and performance of the assigned tasks and powers by agencies, organizations and individuals under their management.

2. Governmental agencies and public service providers may establish inspection organizations or assign internal inspection to other departments or units or appoint persons to conduct internal inspection according to their functions, tasks and management needs.

Article 67. Operation of internal inspection

Heads of Governmental agencies and public service providers shall directly direct internal inspection; within the scope of their tasks and powers, promulgate regulations on the internal inspection process and issue annual inspection plans if necessary in accordance with the Law on Inspection.

Article 68. Conditions for assurance about internal inspection

1. Heads of governmental agencies and public service providers shall be responsible for ensuring conditions of time and working facilities for internal inspection.

2. Persons who conduct internal inspection shall be entitled to regimes and policies applicable to public employees and other allowances when performing inspection decided by heads of governmental agencies and public service providers according to financial mechanisms of their agencies and units.

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IMPLEMENTATION PROVISIONS

Article 69. Entry into force

This Decree comes into force from August 15, 2023.

Article 70. Implementation responsibilities

Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and relevant authorities, organizations, individuals shall be responsible for the implementation of this Decree./.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Le Minh Khai

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