Prohibiting the exploitation of inspections and checks to harass and cause difficulties for businesses

PHẠM ĐÔNG |

The Resolution stipulates strict handling of acts of abuse, taking advantage of inspection and examination to harass and cause difficulties for businesses.

Politburo member and National Assembly Chairman Tran Thanh Man has just signed and issued Resolution No. 198/2025/QH15 on a number of special mechanisms and policies for private economic development.

According to the Resolution, the number of inspections for each enterprise, business household, and individual (if any) must not exceed once a year, except in cases where there are clear signs of violation.

The number of inspections at enterprises, business households, and individuals (if any), including inter-sectoral inspections, must not exceed once a year, except in cases where there are clear signs of violations.

For the same content of state management, in case of having conducted inspection activities, no inspection activities will be conducted or having conducted inspection activities, no inspection activities will be conducted for enterprises, business households, and individuals in the same year, except in cases where there are clear signs of violations.

The plan, conclusion of the inspection and examination for enterprises, business households, and individuals must be made public according to the provisions of law.

Strictly handle acts of abuse, taking advantage of inspection and examination to harass and cause difficulties for businesses, business households and individuals.

Strongly apply digital transformation in inspection and examination activities for businesses, business households, and individuals. Prioritize remote inspection and examination based on electronic data; reduce direct inspection and examination.

Exemption from on-site inspection at enterprises, business households, and individuals for enterprises, business households, and individuals in good compliance with legal regulations.

Completing the legal system, removing barriers to market access, ensuring an open, transparent, clear, consistent, stable business environment for a long time, easy to comply with, low cost.

The Resolution also clearly states the distinction between the responsibility of legal entities and the responsibility of individuals in handling violations; between criminal responsibility with administrative responsibility, civil liability; between administrative responsibility and civil liability.

For violations and incidents related to civil and economic matters, priority should be given to applying civil, economic and administrative measures first; enterprises, business households and individuals must proactively overcome violations and damages. In cases where the practical application of the law may lead to criminal proceedings or not criminal proceedings, criminal proceedings will not be applied.

For violations that are beyond criminal handling, priority will be given to proactive, timely, and comprehensive remedial measures and will be an important basis for the prosecution agency to consider when deciding to prosecute, investigate, prosecute, try and subsequent handling measures.

The legal remedies are not allowed to be applied to handle disadvantages for businesses, business households, and individuals.

For cases where information, documents, and evidence are not clear enough to conclude a violation of the law, there must be a conclusion promptly according to the provisions of the law on litigation, and this conclusion must be publicly announced.

PHẠM ĐÔNG
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