DIRECTIVE

REORGANIZING INSPECTION OF ENTERPRISES

Implementing the Resolution of the 12th National Congress of the Communist Party and pursuing the 2016-2020 five-year socio-economic development plan targets, the Prime Minister has promulgated several resolutions and directives with a view to removing difficulties and facilitating corporate development. This is treated as a key task of the Government's action program. Accordingly, ministries and People's Committees of provinces and central-affiliated cities (hereinafter referred to as “provinces”) have taken specific measures, especially renewing the formulation, approval and implementation of the inspection plan and addressing overlapping and troublesome issues. However, through supervision and enterprises’ reflection, the inspection in general and specialized inspection in particular still reveal limitations such as harassment, lax cooperation among inspecting authorities, prolonged inspection, inspected contents that remain unclear or are beyond the power, delays in issuing inspection conclusions, failure to clarify violations that are found during inspections, failure to propose detailed remedial measures, etc.

There are multiple reasons for such situation, especially unclear issues concerning delegation of tasks among central government ministries, and between central government ministries and local governments. In order to remove the aforementioned limitations and shortcomings, the Prime Minister requests Ministers, heads of ministerial agencies and People’s Committees of provinces to strictly direct the inspections under their management in accordance with regulations of the Law on Inspection, Decree No. 86/2011/ND-CP dated September 22, 2011, Circular No. 01/2014/TT-TTCP dated April 23, 2014 of the Government Inspectorate and especially Government’s Resolution No. 35/NQ-CP dated May 16, 2016. To be specific:

1. Formulation and approval for an annual inspection plan must ensure an enterprise shall not undergo more than one inspection every year. In the cases where the inspection plan and the state audit plan overlaps, it is required to cooperate with the State Audit Office of Vietnam and Government Inspectorate in reaching an agreement on remedial measures in a manner that ensures the use of inspection and audit results and no obstruction of the enterprise's normal operation. Accordingly, the approved inspection plan should be reviewed and adjusted.

2. Inspections shall be implemented according to the approved plans and orientations. The inspected contents shall be under state management. The inspection plan shall be checked, assessed and adjusted in a manner that does not increase the number of inspections. Inspection conclusions shall be issued within the prescribed time limit.

3. In the event an occasional inspection is carried out when a violation of law is found, an inspection conclusion shall be issued if such violation is accurately detected. The inspection conclusion shall specify the nature and degree of the violation. The inspection decider, head of the inspectorate and specialized inspection officials shall be responsible to law for drawing conclusions, uncovering reasons for and determining the degree of violations, and taking actions against relevant organizations and individuals according to the found violations that give grounds for issuing an occasional inspection decision.  It is not allowed to expand inspection scope and inspect the contents that are outside the scope of the occasional inspection decision.

4. In the event the inspected contents overlap those of other inspecting authorities or the State Audit Office of Vietnam, the head of the inspecting authority shall immediately notify the head of the administrative authority at the same level, supervisory inspecting authority and relevant units in order to take appropriate measures to avoid overlapping issues and ensure the inheritance during operation of authorities and units.

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6. The Inspector-General strengthen inspection of implementation of the inspection plan by Ministries, ministerial agencies and People’s Committees of provinces with a view to promptly detecting and addressing overlapping issues concerning scope, entities, contents and date of inspections within its power, and propose actions against authorities, units and individuals that raise overlapping issues.

7. According to the nature and degree of violations, actions against heads of regulatory authorities, heads of inspecting authorities and relevant individuals that raise overlapping issues, issue inspection decisions without sufficient grounds or fail to issue inspection conclusion shall be taken in accordance with applicable regulations of law.

8. Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People's Committees of provinces and relevant organizations shall implement this Decree and submit quarterly reports to the Government Inspectorate.

The Inspector-General shall inspect, expedite and cooperate with ministries and relevant organizations and individuals in promptly submitting a consolidated report on implementation of this Decree to the Prime Minister./.

THE PRIME MINISTER




Nguyen Xuan Phuc

Chỉ thị 20/CT-TTg năm 2017 về chấn chỉnh hoạt động thanh tra, kiểm tra đối với doanh nghiệp do Thủ tướng Chính phủ ban hành