Opening the discussion session, Deputy Nguyen Tao ( Lam Dong ) stated that the concepts of harassment, causing difficulties and troubles, and affecting the normal activities of the inspected subjects as in the draft law are still qualitative and need to be specified with strict sanctions.
In particular, the case of asset recovery must be ensured to be carried out in accordance with the law, accordingly, there must be a written decision on asset recovery, clearly stating the type of asset and the value of the recovered asset. The delegate emphasized the additional requirement to strictly prohibit the act of "changing or distorting documents and evidence related to the inspection content and inspection conclusions", because this is an act that causes very serious consequences.
On the contrary, Deputy Nguyen Tao said that it is necessary to add a mechanism to protect inspectors as well as a handling mechanism if the inspected subjects do not comply.
Better protection of the legitimate rights and interests of the inspected subjects is also the viewpoint of Deputy Nguyen Tam Hung (Ba Ria - Vung Tau). Mr. Nguyen Tam Hung proposed to add transitional regulations to implement inspection conclusions, avoid legal gaps, and ensure the inheritance of responsibilities in the process of restructuring the system of organizations and state agencies.
In particular, deputies Nguyen Tam Hung, Pham Van Hoa ( Dong Thap ) and many other deputies were concerned about the draft law changing the inspection period from "day" to "working day", arguing that this amendment is not consistent with the trend of administrative reform.
Deputy Pham Van Hoa analyzed: "This regulation has increased the actual time limit to 84 days, affecting the production and business of the inspected subjects, reducing the effectiveness and timeliness of inspection activities". Regarding the case of stopping the inspection, the Deputy agreed with the case of force majeure (natural disasters, epidemics), but requested to clarify the specific "authority level" that is allowed to make the decision to stop the inspection.
Referring to the principle of avoiding overlap, Deputy Tran Thi Nhi Ha (Hanoi) commented that the draft law currently does not have regulations to control overlap between inspection and examination, while this is a fairly common situation, especially in the field of business management.
“The repeated inspections and examinations not only cause costly compliance costs but also negatively affect the investment environment. Resolution 68 of the Politburo requires an end to overlapping, prolonged, and unnecessary inspections and examinations; ensuring the principle of only conducting inspections and examinations once a year for enterprises, except in cases of clear violations. Without a specific coordination mechanism between inspections and examinations, it will be very difficult to effectively implement this directive,” the female delegate emphasized.
Delegate Tran Thi Nhi Ha proposed to clarify the concept of "inspection" in Article 2 of the draft law to clarify the nature, subjects, legal consequences and responsibilities of the implementation organization; at the same time, add to Article 61 the principle of coordination, avoiding overlap between inspection and examination; assign the Government Inspectorate and Provincial Inspectorate the role of focal point in coordinating inspection and examination plans within the scope of management.
Delegate Nguyen Tran Phuong Tran (HCMC) expressed concern about the effectiveness of the implementation of the inspection conclusion. The delegate said that the implementation of the inspection conclusion currently has many shortcomings, especially when the implementation process is prolonged. Socio-economic conditions change, the ability of the subject that must implement also changes, leading to the inability to implement the inspection conclusion...
The delegate proposed to add to the draft the responsibility for information and coordination between the head of the inspection agency and the head of the management agency at the same level to promptly implement or stop implementation when the conclusion is no longer feasible.
Acknowledging the possibility of abuse of power, Deputy Pham Khanh Phong Lan (HCMC) said that the draft law should not "tie the hands and feet" of inspectors with complicated administrative procedures, causing the inspected subjects to cope. According to the Deputy, it is necessary to increase surprise inspection activities and reduce "loud, insubstantial" activities.
Source: https://www.sggp.org.vn/tinh-gon-nhung-phai-tranh-lam-quyen-post796308.html
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