Headlines 05/07/2023 17:53 CH

New regulation of Vietnam on inspection conclusions subject to disclosure

Văn Ngọc

On June 30, 2023, the Government of Vietnam promulgated Decree No. 43/2023/ND-CP elaborating on several Articles and implementation measures of the Law on Inspection, which contains contents of disclosure of inspection conclusions.

According to the Decree, inspection conclusions shall be wholly disclosed, except for contents that are state secrets, bank secrets, or business secrets as prescribed by laws.

Inspection conclusion disclosure methods

The disclosure of inspection conclusions on the web portals of inspection agencies, agencies assigned to perform professional inspection, or state management agencies at the same level shall be performed for at least 15 consecutive days.

Aside from the disclosure according to the above regulation, the person making the inspection conclusion shall choose at least one of the following methods:

- Disclosing inspection conclusions at meetings with the composition includes the person making the inspection conclusions or the authorized person, representative of the inspection delegation, inspection subject, and relevant agencies, organizations, and individuals;

- Disclosing inspection conclusions on mass media (including printed newspapers, audio newspapers, photographic newspapers, and electronic newspapers). Inspection conclusions shall be disclosed for at least 2 consecutive times on printed newspapers, audio newspapers, and photographic newspapers and at least 15 consecutive days on electronic newspapers;

- The posting of inspection conclusions at headquarters of agencies or organizations that are inspection subjects shall be carried out by such entities for at least 15 consecutive days.

Inspection grounds and decisions on inspection conclusions

Inspection decisions shall be made when the person in charge has one of the following grounds:

- The relevant agency, organization, or individual related to the implementation of inspection conclusions or inspection decisions does not report or provides an incomplete report at the request of its supervisor;

- The supervisor has urged the agency, organization, or individual, but such an entity fails to implement or perform an incomplete implementation of inspection conclusions or inspection decisions;

- The inspection subject conducts obstructions, disperses assets, destroys documents, or fails to cooperate in implementing inspection conclusions or inspection decisions.

Within 3 days from the signing date of an inspection decision, it shall be sent to the inspection subject. Within 10 days from the signing date of an inspection decision, inspectors shall carry out the inspection.

See more details in Decree No. 43/2023/ND-CP of the Government of Vietnam, effective as of August 15, 2023.


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