The National Assembly passed the amended Law on Inspection this morning with a majority vote. Accordingly, inspection agencies will be organized at two levels: Government Inspectorate and provincial/municipal Inspectorates (collectively referred to as Provincial Inspectorates). In addition, there will be specialized inspectorates within the police, military, and State Bank (Ministry of National Defense Inspectorate, Ministry of Public Security Inspectorate, State Bank Inspectorate, and other inspectorates within the military, people's police, and State Bank of Vietnam as stipulated by the Government); Cryptography Inspectorate; and inspectorates established under international treaties.
Compared to the current law, the new law eliminates inspectorates at ministries, general departments, and departments under ministries; inspectorates in agencies under the Government; provincial inspectorates; district inspectorates; and organizations and activities of agencies assigned to perform specialized inspection functions.
The new law provides a unified definition of inspection, without distinguishing between administrative and specialized inspections. Inspection is defined as the examination, evaluation, conclusion, and recommendation for handling by the inspection agency regarding the implementation of policies, laws, tasks, and powers of agencies, organizations, and individuals according to procedures prescribed by law.
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Government Inspector General Doan Hong Phong. Photo: National Assembly Portal |
Government Inspector General Doan Hong Phong. Photo: National Assembly Portal
New powers for the Government and Provincial Inspectorates
From 1/7, the Government Inspectorate will conduct inspections at the request of ministers, heads of ministerial-level agencies, and heads of government agencies. It can also request ministries, ministerial-level agencies, government agencies, and provincial People's Committees to assign professionals to participate in the Government Inspectorate's inspection teams when necessary.
The Government Inspectorate has the authority to "inspect the implementation of policies, laws, tasks, and powers of agencies, organizations, units, and individuals under the management of ministries without ministerial inspectorates"; and "inspect legal compliance in areas under the state management of ministries without ministerial inspectorates".
Complex cases involving the state management responsibilities of multiple ministries, ministerial-level agencies, and provincial People's Committees also fall under the Government Inspectorate's jurisdiction.
Provincial Inspectorates also have the authority to "inspect the implementation of policies, laws, tasks, and powers of specialized agencies, other administrative organizations, and public service units under provincial People's Committees".
Inspectorates to receive a portion of recovered funds
The law stipulates that inspection agencies will receive a portion of the funds recovered through inspections after they are remitted to the State budget, as regulated by the National Assembly Standing Committee, to cover operational costs and capacity building. The Government will regulate the regime, policies, and allowances for inspectors.
During previous discussions, some National Assembly delegates argued that inspection activities were already covered by the State budget.
In its explanation, the Government stated that the allocation of a portion of the recovered funds from inspections, after being remitted to the State budget, and allowing inspection agencies to use this allocated funding for their specific activities has been regulated and implemented stably since 2006.
The Government affirmed that this funding helps inspection agencies effectively perform their functions and tasks related to inspection, citizen reception, complaint and denunciation resolution, and prevention and combat of corruption, wastefulness, and negativity. These are complex and sensitive areas, similar in nature to some domestic affairs sectors, especially in detecting and handling violations of law, corruption, and negativity. Therefore, the State budget must guarantee funding to enhance the capacity and proactiveness of inspection agencies.
The amended Law on Inspection takes effect on 1/7.
Son Ha