Ensure no overlap between inspection activities and specialized inspections

Consider removing regulations on internal inspection of some agencies

In the Verification Report, the Committee on Law and Justice noted that the content of the draft Law on Inspection (amended) has basically thoroughly grasped and closely followed the Party's policy on continuing to reorganize the apparatus of the political system, especially Conclusion No. 134-KL/TW of the Politburo and the Secretariat to build a system of inspection agencies that is streamlined, strong, efficient, effective and efficient.

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: Ho Long

At the same time, it is also pointed out that Article 55 of the current Law on Inspection stipulates the principle of handling overlaps and duplications between inspection activities and state audit activities (Clause 1) and in inspection activities between inspection agencies (Clause 2). However, the draft Law has omitted and does not retain this provision and is expected to stipulate it in Article 37 of the draft Decree of the Government .

The Law and Justice Committee believes that it is necessary to retain the principled provision in Clause 1, Article 55 of the current Law on handling overlaps and duplications between inspection activities and state audit activities. Because the State Audit is an agency established by the National Assembly, operates independently and only complies with the law (Clause 1, Article 118 of the 2013 Constitution).

Chairman of the Law and Justice Committee Hoang Thanh Tung presented the Report on the review of the draft Law. Photo: Ho Long

In addition to the requirement to avoid overlaps and duplications between inspection and auditing activities as pointed out by the agency in charge of the review, Permanent Deputy Head of the Committee for People's Aspirations and Supervision Le Thi Nga noted that after implementing the arrangement of the inspection agency system, with the strengthening of specialized inspection activities of ministries, branches and localities, there may be overlaps and duplications between inspection activities and specialized inspection activities. This can also lead to individuals and organizations being "both inspected and subject to specialized inspection" at the same time.

Pointing out this risk, the Standing Deputy Chairman of the People's Aspirations and Supervision Committee suggested that the drafting agency should study and supplement regulations on the principle of non-overlapping the time scope between inspection activities and specialized inspection activities, thereby avoiding affecting the normal activities of the inspected and audited agencies and organizations.

Permanent Vice Chairwoman of the People's Aspirations and Supervision Committee Le Thi Nga also noted that the current Law stipulates that the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office are allowed to establish inspection agencies to conduct internal inspection activities (Clause 1, Article 115). However, the draft Law has omitted this provision without stating the reason. According to the Permanent Vice Chairwoman of the People's Aspirations and Supervision Committee, the provisions of the current Law should be retained.

Permanent Vice Chairwoman of the People's Aspirations Committee and Director Le Thi Nga speaks. Photo: Ho Long

Explaining the handling of overlaps and duplications between inspection activities and state audit activities, Government Inspector General Doan Hong Phong affirmed that the 2022 Inspection Law has a provision to handle overlaps and duplications between inspection and audit. In recent years, the Government Inspectorate and the State Audit have coordinated very closely, "almost without overlap in the same subject" and the two agencies "are currently very close".

On the other hand, Articles 57 and 58 of the draft Law stipulate the coordination between inspection and auditing, including handling overlaps and duplications in inspection and auditing activities and ensuring the consistency and unity of the legal system. However, the Government Inspector General affirmed that it will study the inheritance from Clause 1, Article 55 of the current Law to adjust and supplement appropriate provisions into the draft Law.

Regarding the draft Law removing regulations on the organization of internal inspection of some agencies, the Government Inspector General said that during the process of soliciting opinions on the draft Law, opinions all suggested considering regulations on internal inspection and examination of the Court, the Procuracy, and the State Audit. The reason is that the Inspection Law only regulates the organization and operation of inspection in state administrative agencies; judicial agencies and special agencies such as audit are separate independent agencies.

However, through studying the Verification Report and receiving opinions from members of the National Assembly Standing Committee, the Government Inspector General affirmed that it will coordinate with the Committee on Law and Justice to supplement this provision to inherit Clause 1, Article 115 of the current Law on Inspection on internal inspection of a number of agencies, ensuring compliance with reality.

It is necessary to clarify the agency that decides the level of funding for the inspection agency.

One of the notable amendments in this draft Law is that it has decentralized the Government to regulate the management and use of funds allocated to inspection agencies and the regime for people working in inspection agencies (Clause 1, Article 59), but does not stipulate which agency decides on this "deduction level".

Meanwhile, Clause 3, Article 112 of the current Law on Inspection stipulates that "inspection agencies are allowed to deduct a portion of the recovered funds discovered through inspection after being paid into the state budget according to regulations of the National Assembly Standing Committee to support the improvement of inspection capacity, strengthen facilities and reward and encourage organizations and individuals with achievements in inspection work". Based on the provisions of the Law, in Resolution No. 855/2023/UBTVQH15 on regulations on inspection agencies being allowed to deduct a portion of the recovered funds discovered through inspection after being paid into the state budget, the National Assembly Standing Committee has stipulated that this deduction includes the "deduction level" and "management and use of the deducted funds".

Government Inspector General Doan Hong Phong explains the handling of overlaps and duplications between inspection activities and state audit activities. Photo: Ho Long

Meanwhile, the draft Law decentralizes the management and use of this fund to the Government, but does not specify which agency decides on the "deduction level". Permanent Deputy Head of the People's Aspirations and Supervision Committee Le Thi Nga suggested that the National Assembly Standing Committee should be assigned to regulate the deduction level from the amount of money recovered through inspection activities, on that basis the Government will specify the management and use of this amount.

Regarding the provisions on the duties and powers of the Government Inspector General, the Permanent Deputy Chairman of the People's Aspirations and Supervision Committee noted that at Point i, Clause 2, Article 11 of the draft Law, the Government Inspector General recommends that the Minister and Head of a ministerial-level agency suspend or abolish legal documents issued by the Minister that are contrary to legal documents of a higher-level state agency and contrary to legal documents of the Government Inspector General.

“According to current regulations, legal documents of the Minister, Head of a ministerial-level agency and the Government Inspector General have equal legal effect. Meanwhile, not all cases where a document of the Minister contradicts a document of the Government Inspector General, the document of the Minister is wrong, suspended or abolished”. Emphasizing this, the Standing Deputy Chairman of the Committee for People's Aspirations and Supervision suggested that the draft Law should not raise the issue of the Minister's document contradicting the document of the Government Inspector General; at the same time, study and revise the provisions at Point i, Clause 2, Article 1 on the duties and powers of the Government Inspector General.

Regarding the management and use of funds allocated to the inspection agency, the Government Inspector General also agreed to maintain the provisions of the current Law, that is, the National Assembly Standing Committee decides on the allocation level and spending tasks. "When participating in the content related to this content of special agencies that are not inspectors, I have the opinion that it must be maintained as prescribed in the current Inspection Law," the Government Inspector General affirmed. Accepting the opinions of the National Assembly Standing Committee, the Government Inspector General said that he will accept, review, and study to regulate the tasks and powers of the Government Inspector General in accordance with reality.

In his conclusion on this content, Vice Chairman of the National Assembly Nguyen Khac Dinh agreed with the Government's provision on handling overlaps and duplications in inspection activities between inspection agencies; proposed to supplement the draft Law with clearer regulations on the principles of handling overlaps and duplications between inspection activities and auditing activities. Along with that, there should be regulations on handling overlaps and duplications between inspection activities and specialized inspection and supervision to facilitate the implementation process, not causing inconvenience to the subjects being inspected, examined and supervised.

The Vice Chairman of the National Assembly also suggested that the relevant agencies continue to coordinate to review and ensure consistency between the provisions in the draft Law; ensure consistency with the entire legal system; review the transitional provisions to avoid creating legal "gaps" when rearranging the organizational system and inspection agencies.

Thanh Hai

Source: https://daibieunhandan.vn/bao-dam-khong-chong-cheo-giua-hoat-dong-thanh-tra-voi-kiem-tra-chuyen-nganh-post411564.html