The Government Inspectorate has just issued Circular No. 08/2024/TT-TTCP guiding the implementation of regulations on the order and procedures for conducting an inspection.
The Circular, effective from February 3, 2025, has provisions that unify and specify the inspection process, from preparation to announcement of inspection conclusions.
The content that attracts much attention is that after completing the inspection process, Article 12 of Circular No. 08 stipulates that based on the report on the performance of the tasks of the members of the inspection team and the accompanying records and documents, the head of the inspection team is responsible for researching, synthesizing, and developing a report on the inspection results of the inspection team.
This report will be reviewed, appraised and finalized before issuing the conclusion specified in Article 17, such as requiring the inspected entity to explain and clarify further issues in the draft conclusion in Article 15; consulting with relevant agencies, organizations and individuals on the draft inspection conclusion in Article 16.
Circular 08 also stipulates the responsibility to publicize inspection conclusions (Article 18). Publicity is carried out in accordance with the provisions of Article 79 of the Law on Inspection and Articles 48 and 49 of Decree No. 43/2023/ND-CP.
Regarding the form of organizing a meeting to announce the inspection conclusion, Circular No. 08 stipulates that the announcement must be made in writing, clearly stating the composition, content, and location of the announcement, with the signature of the person presiding over the announcement of the inspection conclusion.
Another important content of Circular No. 08 stipulated in Chapter III is the addition of regulations on supervision in inspection activities and appraisal of draft inspection conclusions.
In particular, Article 20 stipulates the supervision of the head of the agency or unit directly managing the person who is a member of the inspection team, in which the head of the direct management agency has the right to request a report on the implementation of inspection tasks to prevent possible violations during the inspection process.
Circular No. 08 also provides regulations on handling violations such as strict handling of violations during the inspection process (by inspectors; supervisors; and appraisers).
Acts such as taking advantage of one's position and power to commit illegal acts, accepting bribes, brokering bribes, disclosing information and documents related to the inspection, or intentionally falsifying inspection results are all strictly handled according to the provisions of law.
According to Director of the Legal Department (Government Inspectorate) Tran Dang Vinh, with detailed and specific instructions, Circular No. 08 will be an important legal document to specify the provisions of the Law on Inspection and related decrees, not only providing detailed instructions on the order and procedures for conducting an inspection but also creating a transparent and clear monitoring and appraisal mechanism, helping to improve the effectiveness of inspection activities, prevent negativity and violations in public activities.
