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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 217/2025/ND-CP
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Hanoi, August 05, 2025
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DECREE
SPECIALIZED EXAMINATION
Pursuant to the Law No.
63/2025/QH15 on Government Organization;
Pursuant to the Law
No. 84/2025/QH15 on Inspection;
At the request of the
Inspector General of the Government Inspectorate;
The Government
promulgates Decree on specialized examination.
Chapter
I
GENERAL
PROVISIONS
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This Decree provides for
specialized examination.
Article
2. Regulated entities
State authorities, heads
of state authorities; authorities and units delegated or authorized to conduct specialized
examinations; heads and members of specialized examination teams; authorities,
organizations, units and individuals subject to specialized examinations; other
relevant authorities, organizations and individuals.
Article
3. Specialized examination purposes
1. Specialized
examination means review, assessment and handling by competent authorities and
persons of compliance with specialized laws by authorities, organizations and
individuals (hereinafter referred to as “organizations and individuals”) under
the state management by each sector or field.
2. Specialized
examination is aimed at rectifying and raising awareness of compliance with
specialized laws; preventing, detecting and imposing or recommending competent
authorities and persons to impose measures according to regulations of law to
promptly handle violations; and contributing to improvement of the
effectiveness and efficiency in state management. Through specialized
examination, competent inspection authorities are requested or recommended to
conduct inspections when necessary; if there is any sign of crime, they shall
recommend prosecution and transfer case files and relevant documents to
investigation authorities for consideration and decision on criminal
prosecution according to regulations of law.
Article
4. Specialized examination principles
1. Comply with law and
conduct specialized examination in an accurate, objective and prompt manner.
2. Avoid duplications of
and overlaps between specialized examination and inspection and state audit
conducted by competent authorities; and duplications of and overlaps in
specialized examinations conducted by other competent authorities having
jurisdiction to conduct specialized examinations.
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4. Jurisdiction to
conduct examination shall be determined on the basis of principles of state
management by sector, field, locality and territory.
5. Give priority to online
and remote examinations on the basis of electronic data.
6. Exempt enterprises,
business households and entrepreneurs that strictly comply with regulations of
law from on-site examinations.
Article
5. Prohibited acts
1. Persons having
jurisdiction to conduct specialized examinations shall be prohibited from
a) Abusing their
positions and powers to harass or annoy organizations and individuals subject
to specialized examinations;
b) Illegally interfering
in operations of entities subject to specialized examinations;
c) Receiving bribes,
gifts or material or spiritual benefits in any form from entities subject to
specialized examinations;
d) Illegally using
information and documents collected during specialized examinations;
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e) Committing other
prohibited acts according to regulations.
2. Entities subject to
specialized examinations and relevant authorities, organizations and
individuals shall be prohibited from
a) Obstructing, opposing,
threatening or intimidating on-duty officers during specialized examinations;
b) Failing to abide by
specialized examination decisions and comply with requirements imposed by
specialized examination teams;
c) Concealing,
destroying, or falsifying documents and evidence related to specialized
examinations;
d) Failing to provide
information or documents, or promptly provide full, accurate or truthful
information or documents for specialized examination teams;
dd) Giving or brokering bribes;
making impacts, thereby resulting in distortion of results of specialized
examinations;
e) Committing other
prohibited acts according to regulations.
Chapter
II
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Article
6. Jurisdiction to conduct specialized examinations
1. Ministers and heads of
ministerial authorities have jurisdiction to conduct specialized examinations
under their state management.
Heads of units affiliated
to ministries and ministerial authorities have jurisdiction to conduct
specialized examinations of organizations and individuals under their
management as delegated or authorized.
Directors and holders of
equivalent positions of units affiliated to ministries and ministerial
authorities have jurisdiction to conduct specialized examinations of
organizations and individuals under their management as delegated.
2. Chairpersons of
People's Committees at all levels have jurisdiction to conduct specialized examinations
of organizations and individuals under the state management of People's
Committees at the same level.
Heads of specialized
authorities affiliated to People's Committees at all levels have jurisdiction
to conduct specialized examinations of organizations and individuals under
their management to advise and assist People's Committees at the same level to
perform state management.
Directors and holders of
equivalent positions of specialized authorities affiliated to provincial
People's Committees have jurisdiction to conduct specialized examinations of
organizations and individuals under their management as delegated.
Article
7. Duties and powers of Heads of state authorities over specialized
examinations; of heads of units conducting specialized examinations
1. Ministers, Heads of
ministerial authorities, Chairpersons of provincial People's Committees
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b) Direct and cooperate
in the handling of duplications and overlaps between specialized examinations
and inspections as prescribed in clause 2, Article 58 of the Law on Inspection;
cooperate in handling duplications and overlaps with specialized examinations
conducted by other authorities according to the principle of discussion for
agreement. In case of disagreement, report to Heads of superior state
authorities for consideration and decision.
c) Request competent
inspection authorities to conduct inspections if cases are complicated or
involve management responsibilities of authorities at multiple levels, sectors,
fields or when necessary;
d) Timely direct
implementation of and implement within their jurisdiction recommendations given
by specialized examination teams;
dd) Direct final review,
consolidation and report on specialized examinations under their management.
2. Heads of competent
examination units affiliated to ministries and ministerial authorities and
heads of specialized authorities affiliated to People's Committees at all
levels
a) Conduct specialized
examinations when there are signs of violations or assigned by Ministers, Heads
of ministerial authorities, Chairpersons of provincial People's Committees.
If necessary, according
to state management requirements, develop thematic examination plans and submit
them to Ministers, Heads of ministerial authorities, Chairpersons of People's
Committees at all levels for approval; promulgate and organize the
implementation of such plans.
Thematic examination
plans prepared by ministries, ministerial authorities and provincial People's
Committees shall be sent to the Government Inspectorate and relevant inspection
authorities to handle overlaps and duplications.
Thematic examination
plans prepared by commune-level People's Committees and of specialized
authorities affiliated to provincial People's Committees shall be sent to
provincial inspectorates and relevant inspection authorities to handle overlaps
and duplications;
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c) Handle violations
within their jurisdiction or recommend competent authorities to promptly impose
penalties upon authorities, organizations and individuals that commit
violations in accordance with the law on handling administrative violations; in
case there are signs of crime, transfer information to investigation
authorities for consideration and handling according to regulations;
d) Recommend competent
authorities or persons to amend mechanisms, policies and laws in case
limitations and inadequacies in such mechanisms, policies and laws are detected
through specialized examinations;
dd) Decide to suspend
specialized examinations in case such examinations cannot be conducted due to
force majeure; decide to terminate specialized examinations in case entities
subject to specialized examinations no longer exist, contents to be examined
have been inspected, prosecution decisions have been issued or as requested by
heads of competent state authorities;
e) Issue written requests
for correction and remedy to shortcomings and limitations after specialized
inspections and send them to entities subject to specialized examinations;
g) Finally review,
consolidate and report specialized examinations within their state management.
Article
8. Duties and powers of head and members of specialized examination team
1. Request each entity
subject to examination to provide information, records, documents, products,
goods, and services to serve the examination; require explanation and
clarification of related contents.
2. Recommend the head of
the authority/unit having jurisdiction to conduct specialized examination and
another competent authority or person to impose necessary measures according to
regulations of law on handling administrative violations to fulfill
requirements and purposes of specialized examination.
3. Record administrative violations,
enforce termination of violations, handle administrative violations and
exercise other rights according to regulations of the law on handling
administrative violations.
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5. Perform other duties
and powers as per law.
Article
9. Rights and obligations of entities subject to examinations
1. An entity subject to
examination has the following rights
a) Explain matters
related to specialized examination;
b) Have technology
secrets, trade secrets, personal data protected as per law;
c) Refuse to provide
information, records, documents, products, goods, and services not related to
specialized examination;
d) Make complaints,
denunciations and recommendations and give feedback about specialized
examination, and issue specialized examination-related decisions as per law;
dd) Exercise other
rights according to regulations of law.
2. An entity subject to
examination has the following obligations
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b) Fully and promptly
provide information, records, documents, products, goods and services related
to specialized examination when requested; be responsible for the legality,
accuracy and honesty of the information, records, documents, products, goods
and services that have been provided;
c) Abide by the specialized
examination-related decision;
Article
10. Responsibilities of relevant authorities, organizations and individuals
1. Cooperate and respond
to requests, implement proposals and execute decisions issued by specialized
examination teams and competent persons according to regulations of law.
2. Supervise operations
conducted by specialized examination teams; exercise their rights to make
complaints, denunciations and recommendations and give feedback as per law;
Chapter
III
PROCEDURES
FOR SPECIALIZED EXAMINATION
Article
11. Specialized examination decision
1. The competent person
specified in Article 6 of this Decree shall issue a specialized examination
decision.
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a) Detection of signs of
violations or incidents, events, or abnormalities according to regulations of
specialized laws;
b) As directed by the
head of state authority; as requested/required by the competent authority or
person;
c) According to the
thematic examination plan (if any).
3. The specialized
examination decision shall contain the following contents
a) Grounds for issuance
of the specialized examination decision:
b) Scope and contents;
c) Entity subject to
specialized examination:
d) Specialized examination
duration;
dd) Specialized
examination team.
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Article
12. Specialized examination team
1. A specialized
examination team is established to conduct specialized examination as decided
by a competent person. The specialized examination team consists of a
head, deputy head (if any) and members.
2. The head and members
of the specialized examination team shall be knowledgeable about the law and
have capacity and expertise appropriate to the specialized examination; they do
not face disciplinary actions or criminal prosecution and come into conflicts
of interests with the entity subject to examination according to regulations.
The head of specialized
examination team shall be provided with training in specialized examination.
Article
13. Location and duration of specialized examination
1. The examination
team shall work at the head office or workplace of the authority,
organization, unit or individual that is entity subject to examination, the
head office of the authority or unit conducting the examination, or at the
location where the examination and verification are conducted according
to the detailed examination plan.
2. Specialized examination duration;
a) Duration for a
specialized examination conducted by a unit affiliated to a ministry or
ministerial authority shall not exceed 15 days. In a complicated case or an
area where travel is difficult, its duration can be extended once for not more
than 07 more days.
b) Duration for a
specialized examination conducted by a specialized authority affiliated to the
provincial People's Committee shall not exceed 10 days. In a complicated case
or an area where travel is difficult, its duration can be extended once for not
more than 05 more days;
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d) The examination
duration begins from the date of public announcement of the examination
decision.
Article
14. Detailed specialized examination plan
1. The person assigned to
act as the head of the specialized examination team is responsible for
developing and issuing a detailed specialized examination plan and submitting
it to the examination decision issuer for approval.
2. The detailed
specialized examination plan contains objectives, requirements, entities
subject to specialized examination, contents, time, location, examination
methods, assignment of duties to members of the examination team and expected
resources for specialized examination.
Article
15. Examination and imposition of penalties for violations
1. A specialized
examination decision shall be publicly announced
The head of specialized
examination team shall publicly announce the specialized examination decision
to the entity subject to examination and notify a working program.
In case of
detection of a flagrant violation against the law, he/she shall conduct the
examination, draw up an administrative violation record and handle it as per
law.
2. The examination team
shall collect, review, and assess relevant information, records, documents,
products, goods, and services.
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a) The examination team
shall draw up an examination record, clearly stating the composition of the
examination team, the entity subject to examination, relevant organizations and
individuals, examination content, verification result, opinions of the entity
subject to examination and relevant organizations and individuals (if any). The
examination record shall bear signatures of the head of examination team, the
entity subject to examination, relevant organizations and individuals (if any).
If the entity subject to examination fails to sign the examination
record, the signature of a representative of local government of commune where
the violation is committed or of at least one witness who confirms that the
entity fails to sign the record is required.
b) If it is detected that
the organization/individual commits an administrative violation, the
examination team shall draw up an administrative violation record and implement
measures for handling the violation as per law;
c) Through the
examination, in case of consideration, assessment and clarification beyond the
jurisdiction of the head of examination team, he/she shall report to the
specialized examination decision issuer to request or recommend the competent
inspection authority to conduct an inspection;
d) In case of detection
of any sign of crime, the head of examination team shall report to the specialized
examination decision issuer to recommend prosecution and transfer the case file
and relevant documents to the investigation authority for consideration and
decision on institution of criminal proceedings as per law;
dd) When necessary or at
the request of the specialized examination decision issuer, the head of
examination team shall prepare an specialized examination result report and a
written request for correction and remedy to existing shortcomings and
limitations after the specialized examination and submit them to the
specialized examination decision issuer.
4. The specialized
examination may be conducted online, offline or remotely on the basis of
electronic data.
The person having jurisdiction
to conduct specialized examination shall be responsible for directing and
developing the application of information technology and digital transformation
to specialized examination; enhancing online and remote examinations on the
basis of electronic data to save time, costs and resources; and ensuring that
examinations are carried out promptly and effectively, thereby meeting state
management requirements.
Article
16. Organization of execution of specialized examination-related decisions
1. The head of the
authority or unit conducting the specialized examination shall be responsible
for direction and organization to monitor and urge the execution of decision to
handle administrative violation and other decisions according to regulations of
the law on handling administrative violations and relevant laws and the written
request for correction and remedy to existing shortcomings and limitations
after the specialized examination (if any); if necessary, the head of the
superior state authority shall be notified for imposition of measures, thereby
making sure that specialized examination-related decisions are executed fully
and properly.
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Chapter
IV
HANDLING OF
VIOLATIONS AND IMPLEMENTATION CLAUSES
Article
17. Handling of violations
1. If any person
conducting specialized examination commits one of the prohibited acts specified
in clause 1 Article 5 of this Decree, depending on the nature and severity of
his/her act, he/she shall incur disciplinary penalty or face criminal
prosecution as per law.
2. Entities subject to
specialized examinations and relevant organizations and individuals that commit
the prohibited acts specified in clause 2 Article 5, clause 2 Article 9 of this
Decree shall, depending the nature and severity of their acts, incur
disciplinary and administrative penalties or face criminal prosecution. In case
of damage, they shall pay compensation according to regulations of the law.
Article
18. Effect and implementation responsibilities
1. This Decree comes into
force from the signing date.
2. Implementation
responsibilities
a) The Inspector General
of the Government Inspectorate shall be responsible for providing guidance on
the implementation of this Decree;
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c) Ministers, Heads of
ministerial authorities, Chairpersons of People's Committees at all levels and
relevant authorities, organizations, units and individuals shall be responsible
for implementing this Decree./.
Article
19. Transition clauses
Specialized examinations
on which decisions are issued before the effective date of this Decree shall
continue to be conducted as per law.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Hoa Binh