Adjusting regulations to avoid overlap and duplication in inspection activities

On the morning of May 18, the National Assembly Delegation of Nghe An held a conference to collect comments on the Law on Inspection (amended). Ms. Thai Thi An Chung - Member of the Provincial Party Committee, Deputy Head of the National Assembly Delegation chaired. Representatives from relevant departments, branches and units attended.

Many adjustments and modifications

This draft of the Law on Inspection (amended) has many revised and adjusted contents compared to the Law on Inspection 2010. In particular, many contents are regulated more specifically and closer to reality, such as regulations on the purpose of activities, functions and tasks of the agencies.inspection agencyThe draft states: Inspection activities aim to detect loopholes in management mechanisms, policies and laws to recommend to competent authorities remedial measures; prevent, detect and handle violations of the law; help agencies, organizations and individuals comply with legal provisions; promote positive factors; contribute to improving the effectiveness and efficiency of state management activities; protect the interests of the State, the rights and legitimate interests of agencies, organizations and individuals.

Delegates attending the conference. Photo: Hoai Thu

The inspection agency, within the scope of its duties and powers, shall perform and assist competent state agencies in performing state management of inspection work, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negativity.;Conduct inspections, receive citizens, resolve complaints and denunciations, and prevent and combat corruption and negativityas prescribed by law.

Inspection activities must ensure the following principles: Compliance with the law; democracy, publicity, objectivity, timeliness, accuracy. Not hindering the normal activities of the inspected subjects and other agencies, organizations, and individuals. No overlap in scope, subjects, and content between inspection agencies, between inspection agencies and state audit agencies and other agencies with inspection, examination, and supervision functions.

The Provincial Inspectorate is a specialized agency under the Provincial People's Committee, responsible for assisting the People's Committee at the same level in state management of inspection work and citizen reception.Resolve complaints and denunciations and prevent and combat corruption and negativity; perform inspection and citizen reception tasks;complaint resolution, denounce and prevent corruption and negativitywithin the state management scope of the Provincial People's Committee.

Ms. Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the National Assembly Delegation chaired the Conference. Photo: Hoai Thu

Article 52, Chapter IV of the draft amended Law on Inspection also stipulates the principles for handling overlaps and duplications in inspection activities. Specifically, during the inspection process, if there are overlaps or duplications, the handling will be carried out as follows:

In case of overlap or duplication between inspection and audit activities, the inspection agency and the audit agency shall discuss and agree that one agency shall carry out the activities. In case of disagreement, the agency that is conducting the inspection or audit activities first shall continue to carry out the activities.

If there is overlap or duplication between the activities of the Government Inspectorate and the Ministry Inspectorate, General Department Inspectorate, Department Inspectorate, Provincial Inspectorate, Department Inspectorate, the Government Inspectorate shall conduct inspections. If there is overlap or duplication between the activities of the General Department Inspectorate and Department Inspectorate in the same ministry, the General Department Inspectorate and Department Inspectorate with the function of state management of the main industry and field of operation of the inspected subject shall conduct inspections.

In case of overlap or duplication between the activities of the Ministry Inspectorate, the General Department Inspectorate, the Department Inspectorate and the Provincial Inspectorate, the Department Inspectorate shall conduct the inspection. In case of overlap or duplication between the activities of the Provincial Inspectorate and the General Department Inspectorate, the Provincial Chief Inspector shall discuss with the Ministry Chief Inspectorate to agree on a handling plan; in case of failure to reach an agreement, it shall be reported to the Government Inspector General for consideration and decision.

The Department of Information and Communications Inspectorate coordinates with the Provincial Police to handle violations of the Law on Cyber ​​Security in the province. Photo courtesy

If there is overlap or duplication between the inspection activities of the Department Inspectorate and the District Inspectorate, the Department Inspectorate will conduct the inspection. If there is overlap or duplication between the inspection activities of the General Department Inspectorate, the Department Inspectorate and the Department Inspectorate, the General Department Inspectorate and the Department Inspectorate will conduct the inspection.

Suggested additions and amendments

Commenting on some contents of the proposed amendments and adjustments to the Draft Law on Inspection, Mr. Pham Hong Son - Deputy Chief Inspector of the province said that the Provincial Inspectorate has assigned specialized departments to conduct thorough research to contribute comments. The Law on Inspection was issued in 2010 and now needs to be amended.

According to the Draft Law on Inspection Amendments, adding regulations on district inspection is very reasonable. Clause 2, Article 2 stipulates inspection conclusions. Mr. Pham Hong Son said that the regulations do not clearly show the activities of interdisciplinary inspection teams and surprise inspections, and need to be adjusted and explained in clearer and more unified terms; propose to adjust in more detail the content of the distinction between inspection and examination activities; add some words to regulate the scope and agencies participating in the inspection...

Regarding the regulations on the duties and powers of chief inspectors at all levels, Mr. Son proposed to specify more clearly the basis for establishing inspection teams to avoid arbitrariness in establishment.inspection teamsudden, to avoid "circumventing the law" in performing tasks... The provisions at Point B, Clause 1, Article 25 have some contradictions with the provisions on the duties and powers of the inspection agency, so it is proposed to abolish this point. In Clause 1, Article 28, which stipulates the duties and powers of the Provincial Inspectorate, it is proposed to abolish the provision on submitting to the director of the department for approval, and to supplement the provision on submitting to the chairman of the Provincial People's Committee for approval of the inspection plan...

Mr. Pham Hong Son - Deputy Chief Inspector of the province proposed comments to amend the Law on Inspection. Photo: Hoai Thu

Delegates representing the Provincial Party Committee's Inspection Committee, the Department of Justice, the Department of Natural Resources and Environment, the Provincial Police, the Department of Home Affairs, etc. also contributed many ideas to build the amended Law on Inspection. They focused on the following contents: proposing to adjust and amend a number of contents and terms related to the provisions on issuing inspection conclusions, complaints about inspection decisions, publicizing inspection decisions, inspection procedures for handling complaints and denunciations; proposing clearer regulations on specialized inspection and administrative inspection; handling overlaps and duplications between inspection and auditing activities; the mechanism for organizing inspection teams and coordination with inspection agencies in checking signs of violations by party members; the right to sue of inspection subjects; the agency in charge of public service inspection, etc.

The Provincial National Assembly Delegation received delegates' comments on the Draft Law on Inspection Amendments, synthesized the contents and sent them to the competent authorities for consideration and adjustment according to regulations./.