This is one of the notable contents that the Government has just mentioned in the draft Resolution of the National Assembly regulating the handling of a number of issues related to the arrangement of the state apparatus.
Regarding the implementation of inspection functions, Article 7 of the draft Resolution stipulates the implementation of specialized inspection functions.
Accordingly, in case after the arrangement of the state apparatus, the agency receiving the functions, tasks and powers is allowed to perform the function of a specialized inspectorate according to the provisions of the Law on Inspection and relevant legal provisions, that agency shall perform the function of a specialized inspectorate according to the inspection authority of the agency before the arrangement of the state apparatus.
In case after the arrangement of the state apparatus, the agency receiving the functions, tasks and powers at the Ministries and ministerial-level agencies is not allowed to perform the function of specialized inspectorate according to the provisions of the Law on Inspection and relevant legal provisions, the specialized inspection function of the agency before the arrangement shall be performed by the Ministry Inspectorate and ministerial-level agencies.
In cases not specified in Point a and Point b of this Clause, the performance of the specialized inspection function shall be directly performed by the inspection agency of the superior state administrative agency.
Regarding the inspection conclusion, in case the inspection is being conducted or has been completed but has not yet issued an inspection conclusion with content under the state management of many agencies after the restructuring of the apparatus, the Head of the inspection team shall draft the conclusions and report to the Head of the agency with the inspection function corresponding to the state management scope to issue the inspection conclusion.
The draft resolution also stipulates the authority to sanction administrative violations.
According to Article 8, the positions with the authority to sanction administrative violations due to the arrangement of the state apparatus leading to changes in names but not changing the tasks and powers shall retain the authority to sanction administrative violations according to the provisions of the law on handling administrative violations.
For positions with the authority to sanction administrative violations due to the arrangement of the state apparatus leading to changes in tasks and powers, the Government shall prescribe the authority to sanction administrative violations for those positions in accordance with the principles of the Law on Handling of Administrative Violations.
During the period when the Government has not yet regulated, the authority to sanction administrative violations in the fields of state management sanctioned by Chief Inspector, Chairman of People's Committees at all levels or other positions under its authority shall continue to comply with the provisions of law until there is a replacement regulation.
