Luật Tố cáo 2018 tiếng Anh - the Law on Denunciations of Vietnam.
- Tải về Luật Tố cáo 2018 tiếng Anh - the Law on Denunciations of Vietnam TẠI ĐÂY
- Tải về Luật Khiếu nại tiếng Anh - the Law on Complaints of Vietnam TẠI ĐÂY
THE NATIONAL ASSEMBLY
Law No.
25/2018/QH14 dated June 12, 2018 of
the National Assembly on Denunciation
Pursuant to
the Constitution of Socialist Republic of Vietnam;
The National
Assembly promulgates the Law on Denunciation.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
adjustment
This Law provides
for denunciation and settlement of denunciations of violations against the law
during performance of duties and other violations against the law related to
state management of fields; protection of denouncers and responsibilities of
organizations for management of denunciation settlement.
Article 2. Definitions
For the purposes
of this Law, the terms below shall be construed as follows:
1. “denunciation”
means an individual, according to the procedures prescribed by this Law,
notifying a competent organization or individual of a violation committed by
any organization or individual which causes or threatens to cause damage to the
State interests or legitimate rights and interests of organizations and
individuals, including:
a) Denunciation
of violations against the law during performance of duties;
b) Denunciation
of violations against the law related to state management of fields;
2. “denunciation
of violations against the law during performance of duties” means the
denunciation of violations against the law during performance of duties by:
a) An official,
public official or public employee; other persons assigned to perform duties;
b) A person who
is no longer an official, public official or public employee but committed
violations against the law during the period he/she was an official, public
official or public employee; a person who is no longer assigned to perform any
duty but committed violations against the law during the period he/she was
assigned to perform duties;
c) An
organization.
3. “denunciation
of violations against the law related to state management of fields” means
the denunciation of violations against the law related to state management of
fields committed by any organization and individual with respect to the
compliance with regulations of law, except for violations against the law
during performance of duties.
4. “denouncer”
means an individual that makes denunciations.
5. “denounced
party” means an organization or individual whose acts are denounced.
6. “denunciation
handler” means an organization or individual that has the power to handle
denunciations.
7. “settlement
of a denunciation” means a denunciation handler accepting, verifying,
giving and handling conclusions about the denunciation.
Article 3. Application of the law on denunciation and denunciation
settlement
1. Denunciation
and denunciation settlement are carried out in accordance with this Law and
other relevant regulations of law. Unless otherwise prescribed by other
regulations, such regulations shall prevail.
2. Crime reports
shall be received and handled in accordance with regulations of the Criminal
Procedure Code.
Article 4. Rules for settling denunciations
1. Denunciations
shall be settled in a timely, accurate and objective manner, within power and
in accordance with procedures and time limit prescribed by law.
2. Denunciations
shall be settled in a manner that ensures safety of the denouncer and protects
legitimate rights and interests of the denounced party during the process of
settling denunciations.
Article 5. Responsibilities of competent organizations and individuals
for receipt and settlement of denunciations
1. Within their
jurisdiction, every competent organization and individual shall:
a) receive and
settle denunciations as prescribed by law; adopt necessary measures to prevent
potential damages; ensure safety of denouncers; take actions against violators
and take legal responsibility for their decision;
b) protect
legitimate rights and interests of the denounced party in case the denunciation
handler is yet to give any conclusion about the denunciation.
2. Any
organizations and individuals that have the power to receive and settle
denunciations but fail to receive and settle denunciations as prescribed by
law, negligently fail to receive and settle denunciations or settle
denunciations as against the law shall incur strict penalties. If any damages
are caused, compensation shall be provided as prescribed by law.
Article 6. Responsibilities of relevant organizations and individuals
for cooperation in denunciation settlement
Relevant
organizations and individuals shall, within their jurisdiction, cooperate with
the denunciation handler; provide information and documents concerning the
denunciation as prescribed by law; adopt measures to protect the denouncer
within their power; take actions against violators according to the
denunciation conclusion; take actions against organizations and individuals
that commit violations against the law on denunciation.
Article 7. Complying with decision to take actions against denounced
violations against the law
Relevant
organizations and individuals must respect and comply with an organization’s or
individual’s decision to take actions against denounced violations against the
law. Any organizations and individuals that have the responsibility to comply
with the decision to take actions against denounced violations against the law
but fail to do so shall incur strict penalties as prescribed by law.
Article 8. Prohibited acts
1. Obstructing
and harassing the denouncer.
2. Settling
denunciations in a negligently and unfair manner.
3. Disclosing the
denouncer’s name, address and autograph or other information which may reveal
his/her identity.
4. Losing or
falsifying case files during the process of settling denunciations.
5. Failing to
settle denunciations or deliberately settling denunciations against the law;
abusing positions or power to settle denunciations to commit illegal acts or
harass denouncing parties and denounced parties.
6. Failure to
assume or fully assume the responsibility to protect the denouncer.
7. Illegally
interfering with or obstructing denunciation settlement.
8. Threatening,
bribing, taking revenge on, victimizing or insulting the denouncer.
9. Protecting the
denounced party.
10. Deliberately
making untruthful denunciations; forcing, persuading, inciting, counseling and
bribing another to make untruthful denunciations; using another person’s name
to make denunciations.
11. Bribing,
threatening, taking revenge on or insulting denunciation handlers.
12. Misusing the
denunciation right to oppose or infringe upon the interests of the State;
disturbing security and public order; distorting, slandering or harming another
person's honor, reputation and dignity.
13. Providing
false information on denunciation and settlement of denunciations.
Chapter II
RIGHTS AND OBLIGATIONS OF DENOUNERS, DENOUNCED PARTY AND
DENUNCIATION HANDLERS
Article 9. Rights and obligations of denouncers
1. A denouncer
has the rights to:
a) exercise his/her
denunciation right as prescribed by this Law;
b) have his/her
name, address, autograph and other personal information kept confidential;
c) be informed of
the acceptance of or failure to accept a denunciation, transfer of his/her
denunciation to a competent authority or individual, extension of the time
limit for settling the denunciation, termination or suspension of the process
of settling the denunciation, continuation in settling the denunciation, and
making of conclusions.
d) keep making
further denunciation if there are grounds to believe that a competent
organization or individual settles the denunciation against the law or a
denunciation is yet to be settled within the prescribed limit;
dd) withdraw
his/her denunciation;
e) request a
competent organization or individual to adopt measures for protecting the
denouncer;
g) be provided
with rewards or compensation for any damage he/she incurs as prescribed by law.
2. A denouncer
has the obligations to:
a) provide
personal information prescribed in Article 23 of this Law;
b) honestly
present his/her denunciation; provide his/her information and documents
concerning the denunciation.
c) take legal
responsibility for the denunciation;
d) cooperate with
the denunciation handler upon request;
dd) pay compensation
for his/her deliberate issuance of untruthful denunciation.
Article 10. Rights and obligations of the denounced party
1. A denounced
party has the rights to:
a) be informed of
the denunciation, extension of the time limit for settling the denunciation,
termination or suspension of the process of settling the denunciation,
continuation in settling the denunciation;
b) provide
explanation and evidences for untruthful denunciation;
c) receive
denunciation conclusions;
b) have
its/his/her legitimate rights and interests protected in case the denunciation
handler is yet to give any conclusion about the denunciation.
dd) request a
competent organization or individual to take actions against any person who
deliberately makes an untruthful denunciation or who settles a denunciation
against the law;
e) have
its/his/her honor, infringed legitimate rights and interests restored, receive
public apologies and corrections and receive compensation for any damage caused
by untruthful denunciations or improper settlement of denunciations in
accordance with regulations of law.
g) complain about
the settlement decision issued by a competent organization or individual as
prescribed by law.
2. A denounced
party has the obligations to:
a) be present at
the request of the denunciation handler;
b) provide
explanation for the denounced violation; provide relevant information and
documents at the request of a competent organization or individual;
c) strictly
comply with the settlement decision according to the conclusion given by the
competent organization or individual;
d) pay
compensation for any damages it/he/she inflicts and its/his/her violations
against the law.
Article 11. Rights and obligations of denunciation handlers
1. A denunciation
handler has the rights to:
a) request the
denouncer to be present and provide his/her information and documents
concerning the denunciation;
b) request the
denounced party to be present and provide explanation for the denounced
violation; provide information and documents concerning the denunciation;
c) request other
organizations and individuals to provide their information and documents
concerning the denunciation;
d) adopt
necessary measures to verify and collect information and documents that will be
used as the basis for settling denunciations in accordance with regulations of
this Law and relevant regulations of law; adopt or request competent
organizations and individuals to adopt measures as prescribed by law to prevent
or stop the denounced violation;
dd) give a
conclusion about the denunciation;
e) handle the
denunciation conclusion within its/his/her power as prescribed by law or
request a competent organization or individual to do so.
2. A denunciation
handler has the following obligations:
a) Ensure
objectiveness, truthfulness and lawfulness upon denunciation settlement;
b) Adopt
necessary measures to protect the denouncer within its/his/her power or request
a competent authority to do so;
c) Do not
disclose information about denunciation settlement; protect legitimate rights
and interests of the denounced party in case no conclusion is given.
d) Notify the
denouncer of the acceptance of or failure to accept the denunciation, transfer
of the denunciation to a competent authority or individual, extension of the
time limit for settling the denunciation, termination or suspension of the
process of settling the denunciation, continuation in settling denunciations,
and making of conclusions.
dd) Notify the
denounced party of the denunciation, extension of the time limit for settling
the denunciation, termination or suspension of the process of settling the
denunciation, continuation in settling the denunciation; send the denunciation
conclusion to the denounce party;
e) take legal
responsibility for its/his/her denunciation settlement;
g) pay
compensation for any damages and its/his/her unlawful denunciation settlement.
Chapter III
SETTLEMENT OF DENUNCIATIONS OF VIOLATIONS AGAINST LAW
DURING PERFORMANCE OF DUTIES
Section
1. POWER TO SETTLE DENUNCIATIONS
Article 12. Rules for determining power
1. A denunciation
of violations against law committed by an official, public official or public
employee during performance of his/her duties shall be settled by the head of
the organization that has the power to manage such official, public official or
public employee.
A denunciation of
violations against law committed by the head or deputy head of an organization
during performance of his/her duties shall be settled by the head of its
supervisory organization.
2. A denunciation
of violations against law committed by an official, public official or public
employee under the management of multiple organizations during performance of
his/her duties shall be settled by the head of the organization that manages
the denounced official, public official or public employee in cooperation with
the heads of relevant organizations.
3. In case a
denunciation of violations against law committed by an official, public
official or public employee during performance of his/her duties is made when
he/she was previously an official, public official or public employee and
he/she has been reassigned to another organization or is no longer an official,
public official or public employee, such denunciation shall be settled as
follows:
a) In case the
denounced party that is the head or deputy head has been reassigned to another
organization but still holds a similar position, the denunciation shall be
settled by the head of the previous supervisory organization in cooperation
with the head of the current supervisory organization;
b) In case the
denounced party has been reassigned to another organization and hold a higher
position, the denunciation shall be settled by the head of the current
supervisory organization in cooperation with the previous supervisory
organization.
In case the
denounced party has been reassigned to another organization and is the head or
deputy head of such organization, the denunciation shall be settled by the head
of the current supervisory organization in cooperation with the previous
supervisory organization;
c) In case the
denounced party has been reassigned to another organization and is not the case
specified in Points and b of this Clause, the denunciation shall be settled by
the head of the previous supervisory organization in cooperation with the head
of the current supervisory organization;
d) In case the
denounced party is no longer an official, public official or public employee,
the denunciation shall be settled by the head of the previous supervisory
organization in cooperation with the heads of relevant organizations.
4. A denunciation
of the official, public official or public employee of the organization that
has been consolidated, merged, fully divided or partially divided shall be
settled by the head of such organization in cooperation with the heads of
relevant organizations.
5. A denunciation
of the official, public official or public employee of the organization that
has been dissolved shall be settled by the head of the organization before the
dissolution.
6. A denunciation
of violations against law committed by an organization during its performance
of duties shall be settled by the head of its supervisory organization.
Article 13. Power to settle denunciations of violations
against law committed by state administrative agencies during performance of
their duties
1. The President
of People’s Committee of the commune has the power to settle denunciations of
violations against the law committed by public officials under his/her
management during performance of their duties.
2. The President
of People’s Committee of the district has the power to:
a) settle
denunciations of violations against the law committed by the President or
Deputy President of the People’s Committee of the commune, and other officials,
public officials and public employees appointed by President of the People's
Committee of the district or under his/her management during performance of
their duties.
b) settle
denunciations of violations against the law committed by organizations under
the management of the People’s Committee of the district during performance of
their duties.
3. The head of
the specialized agency affiliated to the People's Committee of the province has
the power to:
a) settle
denunciations of violations against the law committed by the head or deputy head
of the affiliate, and other public officials and public employees appointed by
the head of the specialized agency affiliated to the People's Committee of the
province or under his/her management during performance of their duties.
b) settle
denunciations of violations against the law committed by organizations under
his/her management during performance of their duties.
4. The President
of People’s Committee of the province has the power to:
a) settle
denunciations of violations against the law committed by the President or
Deputy President of People’s Committee of the district, head or deputy head of
the specialized agency affiliated to the People’s Committee of the province,
and other public officials and public employees appointed by the President of People’s
Committee of the province or under his/her management during performance of
their duties.
b) settle
denunciations of violations against the law committed by organizations under
his/her management during performance of their duties.
5. The Director General,
Director or equivalent position of a Ministry and ministerial agency that is
assigned to manage officials, public officials and public officials has the
power to:
a) settle
denunciations of violations against the law committed by the head or deputy
head of the affiliate of the General Department, Department or equivalent
agency, and other public officials and public employees appointed by the
Director General, Director or equivalent position of a Ministry and ministerial
agency or under his/her management during performance of their duties.
b) settle
denunciations of violations against the law committed by organizations under
his/her management during performance of their duties.
6. The head of a
Governmental agency has the power to:
a) settle denunciations
of violations against the law committed by the head or deputy head of the
affiliate of Governmental agency, and other public officials and public
employees appointed by the head of the Governmental agency or under his/her
management during performance of their duties.
b) settle
denunciations of violations against the law committed by organizations under
his/her management during performance of their duties.
7. The Minister
or the head of a ministerial agency has the power to:
a) settle
denunciations of violations against the law committed by the head or deputy
head of the Governmental agency, affiliate of Ministry and ministerial agency,
and other public officials and public employees appointed by the Minister or
head of ministerial agency or under his/her management during performance of
their duties;
b) settle
denunciations of violations against the law committed by organizations under
his/her management during performance of their duties.
8. The Prime
Minister has the power to:
a) settle
denunciations of violations against the law committed by Ministers, Deputy
Ministers, heads or deputy heads of ministerial agencies, Governmental
agencies, Presidents or Deputy Presidents of People’s Committees of provinces,
and other officials, public officials and public employees appointed by the PM
or under the management of the PM during performance of their duties;
b) settle
denunciations of violations against the law committed by organizations under
the Prime Minister’s management during performance of their duties.
Article 14. Power to settle denunciations of violations
against law committed by People’s Courts during performance of their duties
1. The Chief
Justice of People’s Court of the district has the power to settle denunciations
of violations against the law committed by public officials under his/her
management during performance of their duties.
2. The Chief
Justice of People’s Court of the province has the power to:
a) settle
denunciations of violations against the law committed by the Chief Justice or
Deputy Chief Justice of People’s Court of the district, and other public
employees under his/her management during performance of their duties;
b) settle
denunciations of violations against the law committed by the People’s Court of
the district during performance of their duties.
3. The Chief
Justice of the Superior People’s Court has the power to settle denunciations of
violations against the law committed by public officials under his/her
management during performance of their duties.
4. The Chief Justice
of the Supreme People’s Court has the power to:
a) settle
denunciations of violations against the law committed by Chief Justices or
Deputy Chief Justices of Superior People’s Courts; Chief Justices or Deputy
Chief Justices of People’s Courts of provinces during performance of their
duties, and other public officials and public employees under his/her
management during performance of their duties;
b) settle
denunciations of violations against the law committed by organizations under
his/her management, Superior People’s Courts and People’s Courts of provinces.
Article 15. Power to settle denunciations of violations
against law committed by People’s Procuracies during performance of their
duties
1. The Chief
Procurator of People’s Procuracy of the district has the power to settle
denunciations of violations against the law committed by public officials under
his/her management during performance of their duties.
2. The Chief
Procurator of People’s Procuracy of the province has the power to:
a) settle denunciations
of violations against the law committed by the Chief Procurator or Deputy Chief
Procurator of People’s Procuracy of the district, and other public officials
under his/her management during performance of their duties;
b) settle
denunciations of violations against the law committed by the People’s Procuracy
of the district during performance of their duties.
3. The Chief
Procurator of the Superior People’s Procuracy has the power to settle
denunciations of violations against the law committed by public officials under
his/her management during performance of their duties.
4. The Chief
Procurator of the Supreme People’s Procuracy has the power to:
a) settle
denunciations of violations against the law committed by Chief Procurators or
Deputy Chief Procurators of Superior People’s Procuracies; Chief Procurators or
Deputy Chief Procurators of People’s Procuracies of provinces, and other public
officials and public employees under his/her management during performance of
their duties;
b) settle
denunciations of violations against the law committed by organizations under
his/her management, Superior People’s Procuracies and People’s Procuracies of
provinces during performance of their duties.
Article 16. Power to settle denunciations of violations
against law committed by the State Audit Office of Vietnam during performance
of its duties
The State Auditor
General has the power to settle denunciations of violations against law
committed by public officials, public employees and units of the State Audit
Office of Vietnam during performance of their duties.
Article 17. Power to settle denunciations of violations
against law committed by other regulatory agencies during performance of their
duties
1. The Standing
Committee of National Assembly has the power to settle denunciations of
violations against the law committed by full-time National Assembly deputies
during performance of their duties; settle denunciations violations against the
law committed by other National Assembly deputies during performance of tasks
of a National Assembly deputy; settle denunciations of violations against the
law committed by the head or deputy head of the National Assembly Office or the
affiliate of the Standing Committee of National Assembly during performance of
his/her duties
2. The Standing
Committee of People's Council has the power to settle denunciations of
violations against the law committed by full-time People’s Council deputies
during performance of their duties; settle denunciations violations against the
law committed by other People’s Council deputies during performance of tasks of
a People’s Council deputy, except for the violations against the law committed
by the President or Deputy President of the People’s Council of the same level.
The authority
that has the power to approve the appointment of Presidents and Deputy
Presidents of People’s Councils has the power to settle denunciations of
violations against committed by Presidents and Deputy Presidents of People’s
Councils during performance of their duties.
3. The head of
another regulatory agency has the power to denunciations of violations against
the law committed by officials, public officials and public employees appointed
by the head of another regulatory agency or under his/her management during
performance of their duties.
Denunciations of
violations against the law committed by the head or deputy head of another
regulatory agency shall be settled by the person that has the power to appoint
such head or deputy head.
Article 18. Power to settle denunciations of violations
against law committed by public service providers during performance of their
duties
1. The head of a
public service provider has the power to:
a) settle
denunciations of violations against the law committed by the head or deputy
head of the affiliate of the public service provider, and public officials and
public employees appointed by the head of the public service provider or under
his/her management during performance of their duties;
b) settle
denunciations of violations against the law committed by organizations under
his/her management during performance of their duties.
2. The head of a
regulatory agency that manages the public service provider has the power to:
a) settle
denunciations of violations against the law committed by the head or deputy
head of the public service provider, and public officials and public employees
appointed by the head of the regulatory agency that manages the public service
provider or under his/her management during performance of their duties;
b) settle denunciations
of violations against the law committed by the public service provider under
his/her management during performance of its duties.
Article 19. Power to settle denunciations of violations
against law committed by persons who hold positions in state-owned enterprises
during performance of their duties
1. The head of a
state-owned enterprise has the power to:
a) settle
denunciations of violations against the law committed by the head or deputy
head of the affiliate of the state-owned enterprise or other persons appointed
by the head of the state-owned enterprise during performance of their duties;
b) settle
denunciations of violations against the law committed by the affiliate under
his/her management during performance of its duties.
2. The head of a
regulatory agency that is assigned to manage a state-owned enterprise has the
power to settle denunciations of violations against the law committed by the
President of the Member Council, members of the Member Council, president of
the enterprise and controllers appointed by head of the regulatory agency or
under his/her management during performance of their duties.
Article 20. Power to settle denunciations of violations
against law committed by political institutions and socio-political
organizations during performance of their duties
The central
government agency of a political institution or socio-political organization
shall, according to the rules for determining power specified in Article 12 of
this Law, provide guidelines for the power to settle denunciations of
violations against the law during performance of its duties, and violations
against the law committed by organizations under its management during
performance of their duties.
Article 21. Power to settle denunciations of violations
against law committed by persons assigned to perform duties but are not
officials, public officials and public employees
The head of an
organization or unit that manages the person assigned to perform duties but is
not an official, public official or public employee has the power to settle
denunciations of violations against the law committed by such person during
performance of his/her duties.
Section
2. METHODS OF DENUNCIATION, RECEIPT AND INITIAL SETTLEMENT OF DENUNICATIONS
Article 22. Methods of denunciation
Denunciation
shall be made using a form and directly at a competent authority.
Article 23. Receipt of denunciations
1. In the cases
where a denunciation is made using a form, the denunciation form shall specify
date of denunciation; full name and address of the denouncer, methods of
contacting the denouncer; denounced violations against the law; denounced party
and other relevant authority. In the cases where multiple denouncers make a
denunciation, the denunciation form shall specify denouncers' full name, address
and method of contacting each denouncer; full name of the representative of
each denouncer.
The denouncer
shall sign or press his/her fingerprint on the denunciation form.
2. In the cases
where the denouncer submits a denunciation directly to a competent
organization, the recipient shall instruct him/her to fill in the denunciation
form or record the denunciation and request him/her to sign or press his/her
fingerprint on the record, specifying the information specified in Clause 1 of
this Article. In the cases where multiple denouncers makes a denunciation, the
recipient shall instruct them to fill in the denunciation form or record the
denunciation and request them to sign or press their fingerprint on the record.
3. Any
organization or individual that has the power to settle denunciations shall
receive denunciations. Every denouncer shall make their denunciation at the
address announced by the competent authority.
Article 24. Initial settlement of denunciations
1. Within 07
working days from the date on which the denunciation is received, the
organization/individual shall enter, classify and initially settle the
denunciation, check and verify information about the denouncer and conditions
for acceptance of the denunciation. In case it is required to check and verify
information in multiple locations or authorize another competent authority to
do so, the time limit for checking and verifying information may be extended
for a period not exceeding10 working days.
In case it is
eligible for acceptance, a decision on denunciation acceptance shall be issued
as prescribed in Article 29 of this Law. In case it is ineligible for
acceptance, the denunciation shall not be accepted and explanation therefore
shall be immediately provided for the denouncer.
2. In case the
denunciation falls outside the organization/individual’s jurisdiction, the
organization/individual shall, within 05 working days from the receipt of the
denunciation form, transfer it to another competent organization/individual and
notify the denouncer. In case the denouncer directly submits a denunciation,
the recipient shall instruct him/her to submit the denunciation to a competent
organization/individual.
3. In case the
denunciation falls outside the organization/individual’s jurisdiction and is sent
to multiple organizations and individuals, including competent organizations
and individuals or in spite of receiving instructions the denouncer sends the
denunciation to an organization/individual that does not have the power to
settle it, the recipient must not settle the denunciation.
Article 25. Receipt and settlement of denunciations
1. Upon receipt
of a denunciation, if it is impossible to identify full name and address of the
denouncer or identify the denouncer despite verification, or the denouncer uses
another person’s full name to make the denunciation or the denunciation is not
made using the methods prescribed in Article 22 of this Law, the competent
organization/individual must not settle the denunciation as prescribed by this
Law.
2. In case the
denunciation specified in Clause 1 of this Article clearly specifies
information about the violator and specific documentary evidences for the
violations and grounds for carrying out investigation and verification are
available, the recipient shall carry out an inspection within its/his/her power
or request another competent organization/individual to do so.
Article 26. Receipt and settlement of denunciations sent by
press agencies, competent organizations and individuals
1. Upon receipt
of an individual’s denunciation sent by a press agency, competent organization
or individual, the recipient shall classify and settle it as follows:
a) In case the
denunciation falls within the organization/individual’s jurisdiction and is
eligible for acceptance, it shall be accepted. In case it falls outside the
organization/individual’s jurisdiction, the denunciation shall be settled by
another competent organization/individual;
b) In case it is
ineligible for acceptance as prescribed in Article 29 of this Law, the denunciation
must not be accepted. In case it is ineligible for acceptance but it clearly
specifies information about the violator and specific documentary evidences for
the violations and grounds for carrying out investigation and verification are
available, the recipient shall carry out an inspection within its/his/her
power.
2. A written
notice of result of denunciation settlement carried out as specified in Clause
1 of this Article shall be sent to the press agency, competent organization or
individual that sent the denunciation within 20 days from the receipt of the
denunciation.
Article 27. Settlement of denunciations of suspected
criminal violation, adoption of violation prevention measures
1. During receipt
and settlement of a denunciation, if the denounced violation is suspected of a
crime, immediately transfer the case file to a competent investigating
authority or competent People’s Procuracy.
2. In the cases
where the denounced violation causes or threatens to cause damage to the State
interests or legitimate rights and interests of an organization, life, health,
property, honor, dignity or other legitimate rights and interests of an
individual, the recipient shall adopt necessary measures within its/his/her
power or immediately notify a police authority or another competent
organization/individual to promptly prevent such violation.
Section
3. PROCEDURES FOR SETTLING DENUNCIATIONS
Article 28. Procedures for settling denunciations
1. Accept a
denunciation.
2. Verify the
denunciation.
3. Give a conclusion
about the denunciation.
4. Handle the
denunciation conclusion issued by the denunciation handler.
Article 29. Accepting denunciations
1. A denunciation
handler may issue a denunciation decision if the following conditions are
satisfied:
a) The denunciation
is made as prescribed in Article 23 of this Law;
b) The denouncer
has full legal capacity. In the case of limited legal capacity, a
representative is required as prescribed by law;
c) The case falls
within the recipient’s jurisdiction;
d) There are grounds
for determining a violator and violation against the law.
In case a
denunciation is derived from the complaint that has been settled within power
and in accordance with prescribed procedures, but the complainant expresses
his/her dissent and denounces the complaint handler, the denunciation will be
only accepted if the denouncer provides information and documentary evidences
to confirm that the complaint handler commits a violation.
2. A decision on
denunciation acceptance contains at least:
a) Issuance date
of the decision;
b) Grounds for
issuing the decision;
c) Accepted
denunciation;
d) Time limit for
settling the denunciation.
3. Within 05
working days from the issuance date of the decision on denunciation acceptance,
the denunciation handler shall notify the denouncer and the denounced party.
Article 30. Time limit for settling denunciations
1. A denunciation
shall be settled within 30 days from the date on which it is accepted.
2. Regarding a
complicated case, the time limit may be extended once for a period not
exceeding 30 days.
3. Regarding a
particularly complicated case, the time limit may be extended twice for up to
30 days in each period of extension.
4. The
denunciation handler shall issue an extension decision to the denouncer,
denounced party and relevant organizations and individuals.
5. The Government
shall elaborate this Article.
Article 31. Verifying denunciations
1. The
denunciation handler shall verify or assign an inspecting authority at the same
level or another organization/individual to verify the denunciation (below
collectively referred to as “the denunciation verifier”) The denunciation
verification shall be assigned in writing.
2. The written
assignment on denunciation verification shall contain at least:
a) Date of assigning
verification;
b) The assignee;
c) Full name and
address of the denounce party; name and office building of the denounced party;
d) The
denunciation to be verified;
dd) Time for
carrying out verification;
e) Rights and
responsibilities of the assignee.
3. The
denunciation verifier shall adopt necessary measures to collect information and
documents to clarify the denunciation. The collected information and documents
shall be recorded. Where necessary, a record shall be made and included in the
case file.
4. During the
verification, the denunciation verifier shall enable the denounced party to
provide its/his/her explanation and evidences for the denunciation to be
verified.
5. The
denunciation verifier may exercise the rights and fulfill the obligations specified
in Points a, b, c and d Clause 1 and Points a, b and c Clause 2 Article 11 of
this Law as assigned by the denunciation handler.
6. After the
verification, the assignee shall send a written notice of verification result
and proposed remedial measures to the denunciation handler.
Article 32. Responsibilities of Chief Inspectors at all
levels and Inspector-General
1. Chief
Inspectors of Ministries, ministerial agencies, Chief Inspectors of provinces,
Chief Inspectors of Departments and Chief Inspectors of districts have the
responsibilities to:
a) Verify
denunciations, notify verification result and propose denunciation settlement
measures that fall within the jurisdiction of the head of a state
administrative agency at the same level when so assigned.
b) Consider the
denunciation settlement that has been carried out by the head of the inferior
organization of the state administrative agency at the same level but is
suspected of violating the law. In case there are grounds to believe that
denunciation is settled against the law, request the head of the state
administrative agency at the same level to consider re-settling it.
2. The
Inspector-General has the responsibilities to:
a) receive,
classify and propose the settlement of denunciations within the Prime
Minister's power;
b) Verify
denunciations, notify verification result and propose denunciation settlement
measures that fall within the Prime Minister’s jurisdiction when so assigned;
c) Consider the
denunciation settlement that has been carried out by Ministers, heads of
ministerial agencies or Governmental agencies and Presidents of People’s
Committees of provinces but is suspected of violating the law. In case there
are grounds to believe that denunciation is settled against the law, request
the Prime Minister to consider re-settling it.
Article 33. Withdrawal of denunciations
1. The denouncer
may totally or partially withdraw a denunciation before the denunciation
handler gives a conclusion on the denunciation. The denunciation shall be
withdrawn in writing.
2. In case the
denouncer partially withdraws the denunciation, the remaining shall be settled
as prescribed by this Law. In case the denouncer totally withdraws the
denunciation, Point a Clause 3 Article 34 of this Law shall be complied with.
In case multiple denouncers make a denunciation while one or several denouncers
withdraw the denunciation, it continues to be settled as prescribed by this
Law. The person who has withdrawn the denunciation cannot enjoy the rights and
does not have to fulfill the obligations specified in Article 9 of this Law,
except in the case specified in Clause 4 of this Article.
3. In case the
denouncer withdraws the denunciation and the denunciation handler deems that
the denounced act is suspected of violating the law or there are grounds to
confirm that the denouncer is threatened or bribed to withdraw the denunciation
or the denouncer makes use of the denunciation to slander, insult or cause
damage to the denounced party, the denunciation must be still settled.
4. The denouncer
withdraws the denunciation but there are grounds to confirm that the denouncer
makes use of the denunciation to slander, insult or cause damage to the
denounced party, he/she shall still take responsibility for his/her
denunciation and provide compensation for any damage as prescribed by law.
5. The Government
shall annul this Article.
Article 34. Suspension and termination of denunciation
settlement
1. A denunciation
handler may issue a decision on suspension of denunciation settlement on one of
the following grounds:
a) The result of
settlement by other organizations/individuals or settlement of other relevant
cases needs to be waited for;
b) The result of
additional expertise or re-expertise needs to be waited for.
2. When the
grounds for suspension of denunciation settlement are no longer reasonable, the
denunciation handler shall immediately issue a decision to keep settling the
denunciation. The time limit for suspension of denunciation settlement shall
not be included in the time limit for denunciation settlement.
3. A denunciation
handler may issue a decision on termination of denunciation settlement on one
of the following grounds:
a) The denouncer
totally withdraws the denunciation, except in the case specified in Clause 3
Article 33 of this Law;
b) The denounced
party is an individual who is dead and the denunciation is only related to the
denounce party’s responsibilities.
c) The case has
been settled under an effective judgment or an effective judicial decision or
an effective decision issued by a competent organization/individual.
4. The decision
on suspension/termination of denunciation settlement shall specify reasons and
responsibilities of relevant organizations and individuals and be sent to the
denouncer and denounced party within 05 working days from the issuance date.
Article 35. Giving conclusions about denunciations
1. According to
the denunciation and explanation provided by the denounced party, result of
denunciation verification and relevant documents and evidences, the denunciation
handler shall issue a denunciation conclusion.
2. A denunciation
conclusion shall contain at least:
a) Result of
denunciation verification;
b) Legal grounds
for determining whether there is a violation against the law.
c) Conclusion
that the denunciation is correct, partially correct or untruthful;
responsibilities of each organization/individual for the denunciation;
d) Remedial
measures to be taken; request for application of measures for taking actions
against violators by other organizations and individuals;
dd) Request for
amendments to policies and laws and implementation of necessary measures for
protecting the State interests and legitimate rights and interests of
organizations and individuals by a competent authority.
3. Within 05
working days from the issuance date of the denunciation conclusion, the
denunciation handler shall send it to the denounced party, organization that
manages the denounced party and relevant organizations and individuals, and the
denouncer.
Article 36. Handling denunciation conclusions issued by
denunciation handlers
1. Within 07
working days from the issuance date of the denunciation conclusion, the
denunciation handler shall, according to the denunciation conclusion, handle it
as follows:
a) In case it is
concluded that the denounced party does not commit any violation against the
law during performance of the denounced party’s duties, the denunciation
handler shall restore the denounced party’s legitimate rights and interests
that are infringed by the untruthful denunciation and take actions against the
person who deliberately makes untruthful denunciation within its/his/her power
or request a competent organization/individual to do so;
b) In case it is
concluded that the denounced party commits a violation against the law during
its/his/her performance of duties, the denunciation handler shall take actions
against such denounced party within its/his/her power or request a competent
organization/individual to do so;
2. In case the
denounced party’s violation is suspected of a crime, the denunciation handler
shall immediately transfer the case file to a competent investigating authority
or competent People’s Procuracy.
3. Within 05
working days from the date on which the result of handling of the denunciation
conclusion is available, the organization/individual specified in Clauses 1 and
2 of this Article shall send a written notice of result of handling of the
denunciation conclusion to the denunciation handler.
Article 37. Taking denunciations further and denunciation resettlement
1. In case there
are grounds to believe that the denunciation was settled against the law, the
denouncer has the right to submit the denunciation to the head of the
supervisory organization of the denunciation handler.
2. Within 20 days
from the receipt of the denunciation, the head of the supervisory organization
of the denunciation handler shall consider the previous case file. Where
necessary, he/she shall work with the denouncer on the denunciation and collect
relevant information, documents and evidences to decide to settle the
denunciation. The denunciation shall be settled as follows:
a) In case the
denunciation was previously settled as prescribed by law, the head of the
supervisory organization shall not resettle the denunciation and shall provide
written explanation for the denouncer;
b) In case the
denunciation was previously settled ultra vires, the head of the supervisory
organization shall settle the denunciation within his/her power or transfer it
to a competent organization/individual;
c) In case the
denunciation was previously settled on one of the grounds specified in Clause 3
of this Article, the head of the supervisory organization shall directly settle
the denunciation within the time limit and in accordance with the denunciation
procedures prescribed in this Chapter.
3. A denunciation
shall be resettled on one of the following grounds:
a) The result of
denunciation verification or conclusion is inaccurate or subjective;
b) Important
information, documents and evidences are omitted while verifying or concluding
the denunciation;
c) Laws are
incorrectly implemented while verifying or concluding the denunciation.
4. A conclusion
on resettlement of a denunciation shall contain at least:
a) The contents
set forth in Clause 2 Article 35 of this Law;
b) Violations
committed by the head of the inferior organization during denunciation
settlement;
c)
Responsibilities of relevant organizations and individuals for previously
settling the denunciation;
d) Measures or
proposed measures to be taken against violations committed by the
organization/individual during its/his/her denunciation settlement.
Article 38. Settling denunciations in case they are yet to
be settled after the prescribed time limit
1. In case a
denunciation is yet to be settled after the time limit specified in Article 30
of this Law, the denouncer has the right to submit it to the head of the
supervisory organization of the denunciation handler.
2. Within 05
working days from the receipt of the denunciation, the head of the supervisory
organization shall request the denunciation handler in writing to submit a
report on process of settling the denunciation, reasons for late settlement of
denunciation and responsibilities for settling the denunciation.
3. Within 05
working days from the receipt of the written request, the denunciation handler
shall submit the report specified in Clause 2 of this Article, keep settling
the denunciation at the request of the supervisory organization and report
settlement result, except in the case specified in Clause 5 of this Article.
4. The head of
the supervisory organization shall supervise and expedite the denunciation
settlement, notify the denouncer of his/her consideration and settlement of the
denunciation, adopt remedial measures to take actions against the competent
person that fails to settle the denunciation within the prescribed time limit
within his/her power or request a competent organization/individual to do so.
5. In case there
are grounds to believe that the denunciation is settled in a manner that
seriously violates the law and is suspected of subjectivity, the head of the
supervisory organization shall directly settle the denunciation.
The Government
shall elaborate this Clause.
Article 39. Case files
1. The
denunciation settlement shall be documented. According to the specific case, a
case file includes:
a) A denunciation
form or denunciation record; a report or record on checking of the denounced
party's personal information, minute of the meeting with the denouncer on
denunciation verification;
b) A denunciation
acceptance decision; written assignment on denunciation verification;
c) Verification
record; expertise result, information, documents and evidences collected during
verification;
d) A written
explanation of the denounced party; minutes of the meeting with the denounced
party on the explanation;
dd) A report on
the denunciation verification in case the denunciation handler assigns another
person to verify the denunciation;
e) A decision on
suspension of denunciation settlement; decision to keep settling the
denunciation;
g) A denunciation
conclusion or decision on termination of denunciation settlement;
h) A settlement
decision issued by the denunciation handler, written request for adoption of
settlement measures by a competent organization or individual;
i) Other relevant
documents.
2. In the case of
denunciation resettlement, a case file includes the documents specified in
Clause 1 of this Article and the following documents:
a) A form used to
take a denunciation further or a record on the denunciation that is taken
further; written request for denunciation resettlement;
b) A denunciation
resettlement conclusion;
c) A settlement
decision issued by the person who resettles the denunciation;
d) Other relevant
documents.
3. Case files
shall be numbered. Case files shall be retained and used as prescribed by law
and in a manner that protects denouncers’ personal information.
Article 40. Publishing denunciation conclusions and
decisions to take actions against denounced violations
1. Within 07
working days from the issuance date of the denunciation conclusion and decision
to take actions against the denounced violation, the denunciation handler shall
publish the denunciation conclusion, and the person that has the power to impose
disciplinary or administrative penalties shall issue the decision to take
actions against the denounced violation.
2. A denunciation
conclusion or decision to take actions against denounced violations shall be
published using one or some of the following methods:
a) Publishing it
at a meeting organized at the organization where the denounced party works;
b) Posting it at
the premise or citizen reception office of the organization or the organization
of the individual that has settled the denunciation and issued the decision to
take actions against the denounced violation;
c) Posting it on
the web portal or internal network of the premise or citizen reception office
of the organization or the organization of the individual that has settled the
denunciation and issued the decision to take actions against the denounced
violation;
d) Posting it on
mass media.
3. Denunciation
conclusions and decisions to take actions against denounced violations shall be
published in a manner that does not reveal information about denounced parties
and information that is classified as state secrets.
4. The Government
shall elaborate this Article.
Chapter IV
SETTLEMENT OF DENUNCIATIONS OF VIOLATIONS AGAINST LAW
RELATED TO STATE MANAGEMENT OF FIELDS
Article 41. Rules for determining power
1. A denunciation
of a violation committed by an organization or individual which is related to
the state management by an agency shall be settled by such agency.
2. Regarding a
denunciation related to the state management by multiple authorities, these
authorities shall, within their jurisdiction, cooperate with each other to
determine an authority that will have the power to take charge of denunciation
settlement or request a superior authority to assign a competent authority to
do so.
3. A denunciation
of a violation against the law that falls within the jurisdiction of multiple
authorities, the first authority that accepts the denunciation shall settle it.
Article 42. Procedures for settling denunciations
1. Procedures for
receiving, classifying, verifying and concluding a denunciation of a violation
against the law related to state management of fields are prescribed in
Articles 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39 and
40 of this Law, except in the case specified in Article 43 of this Law.
In case it is
concluded that the denounced party commits a violation against the law related
to state management of fields, actions against such violation shall be taken as
prescribed by the law on penalties for administrative violations.
2. In case the
law on penalties for administrative violations provides for the time limit for
denunciation settlement that is different from that specified in Article 30 of
this Law, the time limit for denunciation settlement must not exceed the time
limit for imposing penalties for administrative as prescribed by the law on
penalties for administrative violations.
Article 43. Procedures for settling denunciations that are
adequately specific and include evidences and grounds for immediate settlement
1. In case a
denunciation of a violation against the law related to state management of
fields is adequately specific and includes evidences and grounds for immediate
settlement, it shall be settled in accordance with the following procedures:
a) The competent
person receives and settles the denunciation;
b) In the case of
denunciation of a violation against the law related to the field under
its/his/her management, the denunciation handler immediately verifies the
denunciation, adopts necessary measures to prevent and stop the violation, and
promptly makes a record on the violation. Where necessary, the verification and
checking of information about the denouncer shall be carried out;
c) The
denunciation handler issues a decision to take actions against the violation
within its/his/her power or request a competent authority to do so.
2. The case file
shall be prepared together with the administrative penalty documentation as
prescribed by the law on penalties for administrative violations.
Chapter V
RESPONSIBILITIES OF ORGANIZATIONS IN CHARGE OF CONCLUDING
DENUNCIATIONS
Article 44. Responsibilities of denunciation handlers
1. According to
the denunciation conclusion, degree and nature of the violation, the
denunciation handler shall take actions as follows:
a) Regarding the
violation against the law committed during performance of duties, the
denunciation handler shall take actions against the violation, enforce the
performance of remedial actions against it and perform other remedial actions
as prescribed by law within its/his/her power or request a competent
organization/individual to do so;
b) Regarding the
violation against the law related to state management of fields, the
denunciation handler shall impose administrative penalties and perform other
remedial actions as prescribed by law within its/his/her power or request a
competent organization/individual to do so;
c) The
denunciation handler shall take actions against the denouncer that deliberately
makes an untruthful denunciation within its/his/her power or request a
competent organization/individual to do so;
d) Regarding the
violation against the law that is suspected of a crime, it is required to
immediately transfer the case file to a competent investigating authority or
competent People’s Procuracy.
2. Power of and
procedures for imposing disciplinary or administrative penalties and performing
other remedial actions are compliant with regulations of the law on officials,
public officials and public employees, law on penalties for administrative violations
and other relevant regulations of law.
3. The
denunciation handler shall supervise and expedite the implementation of the
denunciation conclusion or assign an inspecting authority at the same level to
do so.
Article 45. Responsibilities of denounced parties
1. Fulfill all
obligations defined in the denunciation conclusion in a timely manner.
2. In the case of
a denunciation of a violation against the law during performance of duties, the
denounce party shall submit a report on and be responsible to the denunciation
handler and law for the implementation of the denunciation conclusion.
Article 46. Responsibilities of relevant organizations and
individuals
1. Fulfill all
relevant obligations defined in the denunciation conclusion in a timely manner.
2. Within their
jurisdiction, cooperate with the denunciation handler in taking actions against
denounced violations as prescribed by law.
3. Be responsible
to law for implementation of denunciation conclusions within their
jurisdiction.
Chapter VI
PROTECTION OF DENOUNCERS
Section 1. GENERAL PROVISIONS
Article 47. Protected persons and scope of protection
1. Protection of
a denouncer means the protection of his/her information; protection of his/her
position, job, life, health, property, honor and dignity and his/her spouse,
natural parent, adoptive parent, stepfather, stepmother, natural child, adopted
child (below collectively referred to as “the protected person”)
2. Every
denouncer has his/her personal information protected, except the case in which
he/she reveals it on his/her own.
3. If there are
grounds to believe that position, job, life, health, property, honor and
dignity of the persons specified in Clause 1 of this Article are being
infringed or threatened to be immediately infringed or such persons are
victimized due to the denunciation, the denunciation handler or another
competent authority shall decide to adopt necessary protection measures on
its/his/her own or at the request of the denouncer.
Article 48. Rights and obligations of protected persons
1. A protected
person has the rights to:
a) be aware of
protection measures;
b) be provided
with explanation for his/her rights and obligations when protection measures
are adopted;
c) request
revisions to or termination of adoption of protection measures;
d) refuse to be
protected;
dd) be
compensated as prescribed by the law on State compensation liability in case
the denouncer has requested the denunciation handler or another competent
authority to adopt protection measures but they fail to adopt protection
measures or fail to adopt them in a timely manner or adopt them against the
law, causing damage to his/her life, health, property or spiritual life.
2. A protected
person has the obligations to:
a) strictly
comply with request of the authority that has the power to adopt protection
measures;
b) keep
information concerning the protection secret;
c) promptly
notify the authority in charge of adopting protection measures of the issues
that arise during the protection period.
Article 49. Authorities that have the power to adopt
protection measures
1. Denunciation
handlers shall protect information, position and job of protected persons under
their management and other contents that fall within their jurisdiction. In
case it is beyond their jurisdiction, they shall request competent
organizations/individuals to adopt protection measures.
2. Authorities
that receive and verify denunciations shall protect denouncers' information.
3. Police
authorities shall take charge and cooperate with relevant organizations and
individuals in protecting life, health, property, honor and dignity of
protected persons.
4. Authorities in
charge of management of officials, public officials, public employees and
workers shall, within their jurisdiction, take charge and cooperate with
relevant authorities in protecting position and job of protected persons.
5. People’s
Committees at all levels, trade unions at all levels and other organizations
and individuals shall, within their jurisdiction, cooperate with competent
authorities in adopting measures to protect information, position, job, life,
health, property, honor and dignity of protected persons.
Section 2. PROCEDURES FOR PROTECTION
Article 50. Request for adoption of protection measures
1. When the
grounds specified in Clause 3 Article 47 of this Law, the denouncer shall
submit a written request for adoption of protection measures to the
denunciation handler.
2. A written
request for adoption of protection measures shall contain at least:
a) Date of
request;
b) Full name and address
of the denouncer; full name and address of the person that is to be protected;
c) Reasons and
contents of the request;
d) Signature or
fingerprint of the denouncer.
3. In the event
of an emergency, the denouncer may immediately request the denunciation handler
directly or over the telephone to adopt protection measures and such request
shall be then made in writing.
Article 51. Considering deciding to protect denouncers
1. Upon receipt
of the request for adoption of protection measures, if the denunciation handler
considers that the request is reasonable or finds that there are grounds
specified in Clause 3 Article 47 of this Law during the process of settling the
denunciation, it/he/she shall promptly decide to adopt protection measures
within its/his/her jurisdiction or request a competent authority to do so.
2. Upon receipt
of the written request submitted by the denunciation handler, the competent
authority shall consider deciding to adopt protection measures.
3. In case the
denouncer’s written request is unreasonable or protection measures do not have
to be adopted, the competent authority shall provide written explanation to the
denouncer or request the denunciation handler to do so.
Article 52. Decision to adopt protection measures
1. Competent authorities
shall issue a decision on adoption of protection measures.
2. A decision on
adoption of protection measures shall contain at least:
a) Issuance date
of the decision;
b) Grounds for
issuing the decision;
c) Full name and
address of the protected person;
d) Protection
measures; responsibilities of organizations and individuals that adopt
protection measures.
dd) The date of
adoption of protection measures.
3. The decision
on adoption of protection measures shall be sent to the protected person, denunciation
handler and other relevant organizations and individuals.
4. After
obtaining the decision on adoption of protection measures, competent
organizations and individuals shall immediately adopt protection measures or
cooperate with relevant organizations and individuals in doing so if necessary.
5. The period
over which protection measures are adopted begins from the date of their
adoption to the date of termination of their adoption prescribed in Clause 2
Article 54 of this Law.
Article 53. Responsibilities of organizations and
individuals
1. An authority
that issues the decision on adoption of protection measures has the
responsibilities to:
a) take charge
and cooperate with relevant organizations and individuals in adopting
protection measures and take responsibility for their decision;
b) prepare,
manage, retain and use documents about adoption of protection measures as
prescribed by law;
c) carry out
supervisions and address the issues that arise and submit a report thereon to a
competent authority upon request.
2. Organizations
and individuals related to adoption of protection measures have the
responsibilities to:
a) strictly
comply with request of the authority that issues the decision on adoption of
protection measures. In the case of failure to comply with the request,
immediately provide written explanation to the authority that issues the
decision on adoption of protection measures.
b) send a report
on or a written notice of adoption of protection measures to the authority that
issues the decision on adoption of protection measures.
Article 54. Making revisions to and termination of adoption
of protection measures
1. The authority
that issues the decision on adoption of protection measures may make revisions
to the adoption of protection measures if necessary or according to the written
request submitted by the protected person.
2. The adoption
of protection measures shall be terminated in the following cases:
a) The
denunciation handler has issued a denunciation conclusion or a decision on termination
of denunciation settlement;
b) The authority
that issues the decision on adoption of protection measures terminates the
adoption of protection measures when considering that grounds for adoption of
protection measures are no longer reasonable or at the request of the protected
person.
3. The decision
on revisions to and termination of adoption of protection measures shall be
sent to the protect person, denunciation handler and other relevant
organizations and individuals.
Article 55. Documents about adoption of protection measures
1. The protection
of denouncers shall be documented.
2. According to
each specific case, the documents about adoption of protection measures
include:
a) A written
request for adoption of protection measures made by the denouncer and the
denunciation handler;
b) Result of
verification of the written request for adoption of protection measures;
c) A decision on
adoption of protection measures;
d) A written
request for revisions to or termination of adoption of protection measures;
dd) A decision on
revisions to protection measures;
e) A written
request for cooperation in adopting protection measures made by relevant
organizations and individuals;
g) A report on of
adoption of protection measures;
h) A decision on
termination of adoption of protection measures;
i) Other
documents concerning the adoption of protection measures.
Section 3. PROTECTION MEASURES
Article 56. Measures for protecting information
When receiving
and transferring denunciation forms and settling denunciations, competent
organizations and individuals shall, according to the current situation, adopt
the following measures:
1. Keep
denouncers’ full name, address, autograph and other personal information secret
during the use of information and documents provided by denouncers;
2. Remove
denouncers’ full name, address, autograph and other personal information secret
from the denunciation form and enclosed documents and evidences before
transferring it to the denunciation verifier;
3. Arrange a time
and place and use appropriate methods for protecting denouncers’ information
when working with denouncers and relevant organizations and individuals;
4. Adopt other
measures prescribed by law;
5. Request
relevant organizations and individuals to adopt necessary measures to protect
denouncers’ information.
Article 57. Measures for protecting positions and jobs
1. Measures for
protecting positions of protected persons who are officials, public officials
and public employees include:
a) Suspend,
partially or totally invalidate the decision to impose disciplinary penalties
or other decisions that infringe upon legitimate rights and interests of
protected persons;
b) Restore
protected persons’ position, job, incomes and other legitimate interests;
c) Consider
reassigning protected persons to another authority with their consent in order
to avoid victimization;
d) Within their
jurisdiction, take actions against the persons who take revenge on or threaten
protected persons, affecting their legitimate rights and interests or request a
competent organization/individual to do so.
2. Measures for
protecting job of protected persons who are working under an employment
contract include:
a) request
employers to stop violations; restore protected persons’ position, job, incomes
and other legitimate interests;
b) take actions
against violations against the law within their jurisdiction or request a
competent organization/individual to do so.
Article 58. Measures for protecting life, health, property,
honor and dignity
1. Take protected
persons to a safe place.
2. Provide
personnel, vehicles and instruments to directly protect life, health, property,
honor and dignity of protected persons in important areas.
3. Adopt
necessary measures to prevent and take actions against any infringement upon or
threat to life, health, property, honor and dignity of protected persons as
prescribed by law.
4. Request
persons who infringe upon or threaten life, health, property, honor and dignity
of protected persons to stop doing so.
5. Adopt other
measures prescribed by law.
Chapter VII
RESPONSIBILITIES OF AUTHORITIES FOR MANAGEMENT OF
DENUNCIATION SETTLEMENT
Article 59. Responsibilities of state agencies for
management of denunciation settlement
1. The Government
shall perform uniform management of denunciation settlement nationwide;
directly manage denunciation settlement by agencies in the state administration
system.
2. The Government
Inspectorate shall be in charge of assisting the Government in performing
uniform management of denunciation settlement within the Government’s
jurisdiction.
3. Ministries,
ministerial agencies and People’s Committees at all levels shall perform
uniform management of denunciation settlement within their jurisdiction.
Article 60. Responsibilities of People’s Courts, People’s
Procuracies, State Audit Office of Vietnam, other regulatory authorities,
political institutions and socio-political organizations
1. Supreme
People’s Court, Supreme People’s Procuracy, State Audit Office of Vietnam,
other state authorities, central government authorities of political
institutions and socio-political organizations shall, within their
jurisdiction, manage denunciation settlement and submit an annual report on
their denunciation settlement to the Government, which will submit a
consolidated report to the National Assembly.
2. People’s
Courts and People’s Procuracies of provinces/districts, other state agencies,
local government authorities of political institutions and socio-political
organizations at local government level shall, within their jurisdiction,
manage denunciation settlement and submit an annual report on their
denunciation settlement to the People’s Committee at the same level, which will
submit a consolidated report to the People's Council.
3. Pursuant to
this Law, Supreme People’s Court, Supreme People’s Procuracy, State Audit
Office of Vietnam, other state agencies other than those in the state
administration system, competent authorities affiliated to political
institutions and socio-political organizations shall provide guidelines for the
implementation of the law on denunciation and denunciation settlement in a
manner that is appropriate to their organizational structure and operation.
Article 61. Responsibilities for providing information and
submitting reports on management of denunciation settlement
1. The Government
shall submit an annual report on management of denunciation settlement to the
National Assembly, Standing Committee of National Assembly and the President,
and notify the management of denunciation settlement to the Central Committee
of the Vietnamese Fatherland Front.
2. Ministries,
ministerial agencies, Governmental agencies and People’s Committees of
provinces shall submit reports on management of their denunciation settlement
to the Government on a periodic basis or upon request.
3. People’s
Committees shall submit an annual report on management of denunciation
settlement to People’s Councils at the same level and supervisory authorities,
and notify the management of denunciation settlement to the Central Committee
of the Vietnamese Fatherland Front.
Chapter VIII
PROVIDING REWARDS AND TAKING ACTIONS AGAINST VIOLATIONS
Article 62. Providing rewards
Denouncers that
fully and truthfully cooperate with competent organizations and individuals in
discovering, preventing and taking actions against violations against the law
shall be provided rewards.
Article 63. Taking actions against violations committed by
denunciation handlers
Denunciation
handlers that commit the acts specified in Article 8 of this Law or violations
against other relevant regulations of law during their denunciation settlement
shall, according to the nature and degree of their violations, incur
disciplinary penalties or criminal prosecution, and provide compensation for
any damage they inflict as prescribed by law.
Article 64. Taking actions against violations committed by
persons that have responsibility to abide by the decision to take actions
against denounced violations
Persons that have
responsibility to abide by the decision to take actions against denounced
violations but fail to do so shall, according to the nature and degree of their
violations, incur disciplinary or administrative penalties or criminal
prosecution, and provide compensation for any damage they inflict as prescribed
by law.
Heads of
competent organizations and individuals that fail to adopt necessary measures
to promptly take actions against the denunciation handlers that commit the
violations specified in Article 63 of this Law shall, according to the nature
and degree of their violations, incur disciplinary penalties or criminal
prosecution as prescribed by law.
Article 65. Taking actions against violations committed by
denouncers and other relevant persons
Denouncers and
other relevant persons that commit the acts specified in Article 8 of this Law
or violations against other relevant regulations of the law on denunciation and
denunciation settlement shall, according to the nature and degree of their
violations, incur disciplinary penalties or criminal prosecution, and provide compensation
for any damage they inflict as prescribed by law.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 66. Effect
1. This Law takes
effect on January 01, 2019.
2. To annul the
Law on Denunciation No. 03/2011/QH13 from the effective date of this Law.
3. The
denunciations that are being accepted and considered and are yet to be
concluded before the effective date of this Law shall continue to be settled as
prescribed by the Law on Denunciation No. 03/2011/QH13.
Article 67. Detailed
provisions
The Government
shall detail the implementation the Chapter VI, Articles and Clauses of this
Law; regulations on denunciation and settle denunciations made by People’s Army
and People’s Public Security Forces.
This Law is
adopted by the 14th National Assembly of Socialist Republic of Vietnam on this
12th of June 2018 during its 5th
session.
The President the National Assembly
Nguyen Thi Kim Ngan
Ý KIẾN