According to the Decree, specialized inspection is the review, assessment and handling by competent agencies and persons of the compliance with specialized laws by agencies, organizations and individuals (referred to as organizations and individuals) under the scope of state management by sector or field.
Specialized inspection activities aim to rectify and raise awareness of compliance with specialized laws; prevent, detect, stop and apply or recommend competent agencies and individuals to apply measures according to the provisions of law to promptly handle violations; contribute to improving the effectiveness and efficiency of state management. Through specialized inspection, request or propose competent inspection agencies to conduct inspections when necessary; if there are signs of crime, recommend prosecution and transfer case files and related documents to the investigation agency for consideration and decision on criminal prosecution according to the provisions of law.
Prohibited acts in specialized inspection activities
The Decree clearly stipulates prohibited acts in specialized inspection activities:
1- For persons with specialized inspection authority
a) Taking advantage of one's position and power to harass or cause trouble for organizations or individuals subject to specialized inspection.
b) Illegally interfering with the activities of specialized inspection subjects.
c) Receiving bribes, gifts or material or spiritual benefits in any form from specialized inspection subjects.
d) Illegal use of information and documents collected during specialized inspections.
d) Making false inspection records, falsifying records and documents.
e) Other prohibited acts as prescribed.
2- For specialized inspection subjects and related agencies, organizations and individuals
a) Obstructing, opposing, threatening or intimidating a person performing official duties during a specialized inspection.
b) Failure to comply with the specialized inspection decision or request of the specialized inspection team.
c) Concealing, destroying, or falsifying documents and evidence related to specialized inspection content.
d) Failure to provide or provision of incomplete, untimely, dishonest, or inaccurate information or documents to the specialized inspection team.
d) Bribery, bribery brokerage; influencing the falsification of specialized inspection results.
e) Other prohibited acts as prescribed.
Specialized inspection authority
Conclusion Conclusion No. 134-KL/TW dated March 28, 2025 of the Politburo and Secretariat on the Project to reorganize the inspection agency system to be streamlined, strong, efficient, effective and efficient clearly states: "After the reorganization, agencies that no longer organize inspections will perform inspection functions and tasks within the scope of state management". |
According to the Decree, the Minister and Head of the ministerial-level agency have the authority to conduct specialized inspections within the scope of state management.
The head of a unit under a ministry or ministerial-level agency has the authority to conduct specialized inspections of organizations and individuals within the scope of decentralization and authorization.
The Head of the Department and equivalent of the unit under the ministry or ministerial-level agency has the authority to conduct specialized inspections of organizations and individuals within the scope of decentralized management.
The Chairman of the People's Committee at all levels has the authority to conduct specialized inspections of organizations and individuals under the state management of the People's Committee at the same level.
Heads of specialized agencies under People's Committees at all levels have the authority to conduct specialized inspections of organizations and individuals within their assigned scope of advising and assisting People's Committees at the same level in state management.
The Head of the Department and equivalent of the specialized agency under the People's Committee of the province or city has the authority to conduct specialized inspections of organizations and individuals within the scope of decentralized management.
Duties and powers of the head of the unit conducting specialized inspections
The Decree stipulates that Ministers, Heads of ministerial-level agencies, Chairmen of People's Committees at all levels shall direct, guide, organize and implement specialized inspection activities within their management scope; direct and coordinate the handling of overlaps and duplications between specialized inspection activities and inspection activities as prescribed in Clause 2, Article 58 of the Law on Inspection; coordinate the handling of overlaps and duplications with specialized inspection activities of other agencies according to the principle of discussion to reach consensus; in case of failure to reach consensus, it shall be reported to the Head of the superior state management agency for consideration and decision.
Request competent inspection agencies to conduct inspections in cases where the case has complicated content, involves the management responsibilities of many levels, many sectors, many fields or when necessary.
The head of the competent specialized inspection unit of the ministry, ministerial-level agency, head of specialized agency under the People's Committee at all levels shall conduct specialized inspection when there are signs of violations or as assigned by the Minister, Head of ministerial-level agency, Chairman of the People's Committee of the province or city.
If necessary according to state management requirements, develop a thematic inspection plan and submit it to the Minister, Head of ministerial-level agency, Chairman of People's Committee at the same level for approval; issue and organize the implementation of the plan.
Heads of specialized inspection units under ministries, ministerial-level agencies, and heads of specialized agencies under People's Committees at all levels shall advise and coordinate in handling overlaps and duplications between specialized inspection activities and inspection activities; coordinate in handling overlaps and duplications in inspection activities with other specialized inspection agencies; handle violations according to their authority or recommend competent agencies to promptly handle agencies, organizations, and individuals that commit violations according to the law on handling administrative violations; in case there are signs of crime, transfer information to the investigation agency for consideration and handling according to regulations.
Decree 217/2025/ND-CP takes effect from the date of signing (August 5, 2025).
Updated on August 5, 2025
Source: https://laichau.gov.vn/tin-tuc-su-kien/chuyen-de/tin-trong-nuoc/quy-dinh-moi-ve-hoat-dong-kiem-tra-chuyen-nganh.html
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