The Ministry of Justice’s report highlights a challenge with the issuance of inspection plans. As per article 12 of the decree, inspection plans are required to be issued before March 15 each year. However, this timeline does not always align with the general plans of each sector, leading to feasibility issues. This rigid deadline creates difficulties for those responsible for issuing the inspection plans, as it doesn't account for the varying capacities of different agencies or units. It is imperative to address this issue by allowing for more flexibility in the promulgation of the plans, ensuring alignment with the human resource capacities of each entity.

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Regarding the duration of inspections, Clause 3, Article 13 of the decree stipulates that the maximum inspection period is seven working days. If necessary, the authorised inspector can extend the period by no more than seven days. However, it has been observed that the prescribed inspection duration is insufficient, and obtaining an extension requires additional time, impacting the progress, results, and quality of the inspection procedures.

In relation to the draft inspection conclusion, Clause 1, Article 15 of the decree specifies that "Within 15 days from the completion date of the inspection, the inspection team is required to prepare the inspection conclusion and send it to the entity under inspection for feedback on the contents of the draft inspection conclusion."

The stipulation of a 15-day time duration, which includes Saturdays, Sundays, holidays, and Tet (Lunar New Year), is insufficient and not practical for thorough implementation. This timeframe does not align with the complexity of inspections, which involve numerous aspects that require careful consideration and evaluation, such as the clear identification of violations and understanding their nature and causes.

In relation to the authority to sign inspection conclusions, Clause 3, Article 15 of the decree states that "The head of the inspection team signs and promulgates inspection conclusions if authorised by the person with inspection authority," while Clause 2, Article 10 of the decree specifies that "The head of the inspection team may authorise the deputy head of the inspection team to carry out his or her duties." Consequently, there are varying interpretations regarding whether the head of the inspection team can authorise the deputy head of the inspection team to sign and promulgate the inspection conclusions in this particular scenario.

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Shortcomings’ causes

The primary reason is that the management of administrative violations, especially in the areas of social, health, and unemployment insurance, is inherently complex. This complexity is exacerbated by numerous specific real-world situations that are not clearly regulated, leading to conflicts between legal documents. The occurrence of administrative violations in the realm of social, unemployment, and health insurance, particularly the delayed payment of these insurances, persists on a nationwide scale.

The second cause is that some provisions of the decree are still unclear and unified. Additionally, some legal regulations, especially in the Law on Handling Administrative Violations, have different interpretations, so the application of the law in some cases is inconsistent, causing confuses in the process of handling administrative violations.

The third thing is that the monitoring of law enforcement, handling administrative violations in general and in social, health and unemployment insurance in particular is a complex task, requiring experience and specialised skills. At the same time, organisations and individuals' awareness of compliance with laws on social, health and unemployment insurance is still low.

In response to the situation, the Government issued Resolution No 01/NQ-CP outlining the main tasks and solutions for implementing socio-economic development plans and budget estimates for the year 2024 on January 5. According to the Resolution, Appendix IV designates the Ministry of Justice to lead the development and submission of a decree to the Government for promulgation, amending and supplementing several articles of Decree No 19/2020/ND-CP.