Inspection contributes to the prevention, detection and handling of law violations

In the third draft of the Law on Inspection (amended), the purpose of inspection is to detect loopholes in the management mechanism, policies and laws to propose to the competent state agency to make a decision. remedy; prevention, detection and handling of law violations.
Recently, in the report on receiving and explaining comments from ministries, branches and localities on the draft Law on Inspection (amended), the Government Inspectorate said, implementing the program on building laws and laws. orders of the National Assembly, the Government Inspector were assigned to assume the prime responsibility for, and coordinate with relevant agencies in, studying and developing a draft Law on Inspection (amended). Next, the Government Inspectorate sent a document to the draft Law on consultation with relevant ministries, branches, localities, agencies and organizations in accordance with the Law on Promulgation of Legal Documents. .

Standing Editorial Board, Editorial Team organized to synthesize comments. The comments generally agreed on the necessity of the development and basic contents of the draft Law on Inspection (revised). In addition, many comments have been made to complete the Draft. Regarding the competence to organize and direct inspection activities, the Government Inspectorate said that there are a number of suggestions for the full supplementation of the titles with the authority to organize inspection activities, including heads. The inspection agencies are defined in Articles 40, 41 and 42 of the draft Law. A citizen reception session chaired by the Inspector of Thai Nguyen Province. (Illustration) In this regard, according to the Government Inspectorate’s explanation, the authority to organize inspection activities of the titles specified in the draft is the head of the management agency at the same level as the inspection agency in the system of regulatory agencies. state administrative baggage. Inspection activities in the system of state administrative agencies are different in nature, functions, tasks and powers compared with inspection activities at other state agencies specified in Articles 40 and 41 , 42 drafts (inspection activities of agencies specified in Articles 40, 41, 42 draft are actually heads inspection activities, aimed at the internal agencies, branches, not outside. except for the Vietnam Social Security and the Enterprise State Capital Management Committee, which are two governmental agencies assigned to perform the specialized inspection function). Therefore, in accordance with the characteristics of inspection activities at other state agencies, the draft Law stipulates: Chief Justice of the Supreme People’s Court, Director of the Supreme People’s Court, the State Auditor General shall base on regulations. of this Law and other relevant law provisions promulgated according to its competence or submitted to competent agencies for promulgation of regulations on functions, tasks, organization and inspection activities of the Supreme People’s Court and the People’s Court. Supreme, State Audit. The Government stipulates the functions, tasks, structure, organization and operation of the Vietnam Social Insurance Inspector, the Inspector of the Committee for State Capital Management at Enterprises, Vietnam Television and Voice of the Voice. Vietnam, Vietnam News Agency, Ho Chi Minh National Academy of Politics, Vietnam Academy of Social Sciences, Vietnam Academy of Science and Technology, Hanoi National University, National University Ho Chi Minh City. In the third draft of the Law on Inspection (amended), the purpose of inspection is to detect loopholes in the management mechanism, policies and laws to propose to the competent state agency to make a decision. remedy; prevention, detection and handling of law violations. At the same time, helping agencies, organizations and individuals to comply with the provisions of law; promote positive factors; contribute to improving the effectiveness and efficiency of state management activities; protecting the interests of the State, the legitimate rights and interests of agencies, organizations and individuals. Inspection activities must ensure the principles of law observance; democratic, open, objective, timely and accurate; not obstructing the normal operation of the subject of inspection and other agencies, organizations and individuals. There is no overlap in scope, subject, and content between inspection agencies and between the inspection agency and the state audit agency. In addition, the draft also regulates the organization and inspection activities of the Supreme People’s Court, the Supreme People’s Court, and the State Audit. Accordingly, these agencies establish an inspection agency to help the Chief Justice of the Supreme People’s Court, the President of the Supreme People’s Court, the State Auditor General to perform the task of inspecting, receiving citizens, settling complaints and denunciations and anti-corruption falls under the jurisdiction and responsibility of 3 agencies. Regarding the layout, draft 3 of the Law on Inspection (amended) includes 10 chapters and 131 articles, providing for the organization and activities of inspection in state administrative agencies and other state agencies. The Draft Law stipulates 9 prohibited acts, including the following acts: Deliberately failing to issue an inspection decision when detecting signs of law violation; cover for the inspected object; intentionally making untrue conclusions; to conclude, decide and handle illegal.