Major changes in the regulation of inspections conducted in the field of entrepreneurship and protec
The Law On Regulation of Inspections Conducted in the field of Entrepreneurship and the Protection of Interests of the Entrepreneurs No. 903-VIQD, dated 9 June 2023 has been amended and introduced the
followings:
1) The definition and scope of “inspection object” has been defined:
Pursuant to the amendments, the scope of the “inspection object” includes the following:
- the activity of the entrepreneur on the submission of goods, the performance of works and the provision of services for which mandatory requirements are defined;
- the property owned by the entrepreneur with the right of ownership and other legal basis and for which mandatory requirements are determined, as well as the structural division of the entrepreneur in connection with the entrepreneurial activity;
- goods, works and services belonging to the entrepreneur and for which mandatory requirements are defined;
2) The rights and obligations of the inspection body and the entrepreneur with respect to inspections conducted in the field of entrepreneurial activity are
defined:
According to amendments, the rights and duties of the inspection body and the entrepreneur has been clarified during the inspection process. Thus, several mandatory requirements regarding the rights and duties of the participants of the inspection process have been defined.
3) The process of assessing the operation of the inspection body has been provided:
Pursuant to the amendments, inspection bodies must prepare relevant reports on the assessment of their activities and submit them to the Government by February 15 of each following year.
4) The regulations on the system of risk management have been provided:
Based on these regulations, the risk management system consists of measures on the risk determination, risk analysis and risk assessment to be implemented for the purpose of determining the entrepreneur's risk group, reducing risk and ensuring the level of permissible risk.
In addition, within the framework of these measures, a decision will be made regarding appropriate measures by the inspection body for the purpose of the compliance of the objects of inspection with the mandatory requirements and not creating risks.
The relevant Amendments entered into force on July 7, 2023.
