No distinction between administrative inspection and specialized inspection

Government Inspector General Doan Hong Phong presents the draft Law on Inspection (amended) - Photo: VGP/Nhat Bac

On the morning of May 8, continuing the 9th Session, the National Assembly listened to the Presentation and Review Report of the draft Law on Inspection (amended).

The draft Law on Inspection (amended) presented by the Government Inspector General Doan Hong Phong said that the promulgation of the draft Law on Inspection (amended) is absolutely necessary to implement the Conclusions of the Politburo and the Secretariat requesting the arrangement of the inspection agency system in a centralized and unified direction at one focal point at two levels at the central and local levels.

Notably, the Draft Law completely omits provisions on Ministry Inspectorate, General Department Inspectorate, Departments under the Ministry, inspection agencies in Government agencies, Department Inspectorate, District Inspectorate, organization and operation of agencies assigned to perform specialized inspection functions...

The reason is due to the implementation of the Project to rearrange the inspection agency system; ending the activities of the Ministry Inspectorate, General Department Inspectorate, Departments under the Ministry, Department Inspectorate, District Inspectorate; not organizing specialized inspections in the Ministries, departments and agencies assigned to perform specialized inspection functions have switched to performing specialized inspections.

The draft law amends and completes regulations on inspection agencies, ensuring that it meets the requirements for building a system of provincial inspection agencies that is compact, strong, efficient, effective, and efficient. Article 7 of the draft law stipulates that inspection agencies include: Government Inspectorate; Inspectorates of provinces and centrally-run cities; Inspection agencies in the People's Army, People's Public Security, State Bank of Vietnam, including the Inspectorate of the Ministry of National Defense, the Inspectorate of the Ministry of Public Security, the Inspectorate of the State Bank and other inspection agencies as prescribed by the Government; Cryptographic Inspectorate; Inspection agencies established under international treaties to which the Socialist Republic of Vietnam is a member.

Amending and perfecting the concept of “inspection”. Accordingly, Clause 1, Article 2 of the draft Law stipulates: “Inspection is the activity of reviewing, evaluating, concluding, and recommending handling by the inspection agency regarding the implementation of policies, laws, tasks, and powers of agencies, organizations, and individuals according to the order and procedures prescribed by law”.

The draft Law stipulates a unified “inspection” activity, without distinguishing between administrative inspection and specialized inspection. The Government Inspectorate, Provincial Inspectorate and other inspection agencies conduct inspections according to a unified order and procedure prescribed in the draft Law.

The National Assembly listens to the Presentation and the Report on the review of the Law on Inspection (amended) - Photo: VGP/Nhat Bac

Handling overlap and duplication in inspection activities

The report on the review of the draft Law presented by Chairman of the Committee on Law and Justice Hoang Thanh Tung stated that the Committee agreed to comprehensively amend the current Law on Inspection.

According to the Government's Submission, the draft Law stipulates a unified inspection activity, without distinguishing between administrative inspection and specialized inspection as in the current Law.

Through discussion, the majority of opinions in the Law and Justice Committee agreed with the provisions of the draft Law because they are consistent with the position, role and tasks of inspection agencies, especially the reduction of the inspection agency system after the rearrangement.

In addition, there are concerns about the suitability and feasibility of applying a common order and procedure to inspection activities, which in essence include two types: administrative inspection and specialized inspection, which are currently regulated by the current Law to be implemented according to different orders and procedures; therefore, it is recommended that the Government and the Government Inspectorate pay attention to and note this issue in organizing the implementation of the Law in order to promptly guide and remove difficulties and problems that arise.

Regarding the system of inspection agencies in Article 7 of the draft Law, through discussion, the majority of opinions in the Committee on Law and Justice agreed with the provisions as in the draft Law, because it both ensures the institutionalization of the spirit of Conclusion No. 134-KL/TW, and provides general provisions in accordance with the requirements for innovation in law-making thinking, in accordance with the practice of organizing the above-mentioned inspection agencies, and at the same time, covers cases where international treaties that our State later signs or participates in have requirements for the establishment of inspection agencies.

In addition, there are opinions suggesting to specify the correct names of inspection agencies as shown in Conclusion No. 134-KL/TW to ensure the accurate institutionalization of the requirements and directions of the Politburo and Secretariat.

The Law and Justice Committee also proposed reviewing the regulations on the duties and powers of the Government Inspectorate and the position and functions of the Provincial Inspectorate in the draft Law to revise and perfect them to ensure consistency with the organizational model of the inspection agencies after the rearrangement.

Regarding the handling of overlaps and duplications in inspection activities, the Committee on Law and Justice found that after implementing the arrangement of the inspection agency system, with the strengthening of specialized inspection activities of ministries, branches and localities, it may lead to overlaps and duplications between inspection activities and specialized inspection activities, and may also overlap with the supervision activities of elected bodies.

Therefore, it is recommended to study and supplement regulations on handling overlaps and duplications between inspection activities and these activities to facilitate implementation, ensure the effectiveness of inspection, examination and supervision activities as well as the rights and legitimate interests of agencies, organizations and individuals that are the subjects of inspection, examination and supervision.

Thu Giang

Source: https://baochinhphu.vn/khong-phan-biet-thanh-tra-hanh-chinh-va-thanh-tra-chuyen-nganh-102250508103825762.htm