Vietnam: What is a denunciation of violations of the law in the performance of duties and public duties? Who has the authority to deal with denunciations?
- What is it to denounce and denounce violations of the law in the performance of duties and public duties in Vietnam?
- Who has the authority to settle denunciations for violations of the law in the performance of duties and public duties in Vietnam?
- Does the person accused of violating the law in the performance of duties and public duties know who is the denouncer in Vietnam?
- How long is the time limit for resolving a complaint in Vietnam?
What is it to denounce and denounce violations of the law in the performance of duties and public duties in Vietnam?
According to the provisions of Article 2 of the Law on Denunciation 2018, the following provisions on denunciation of violations of the law in the performance of tasks and public duties are as follows:
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.
According to the above provisions, denouncing acts of violation of the law in the performance of duties and public duties is the fact that individuals report to competent agencies and persons about violations of the law when performing their duties and duties of cadres, civil servants and public employees, persons who are no longer cadres, civil servants or public employees but have committed violations when they are cadres, civil servants or public employees.
Vietnam: What is a denunciation of violations of the law in the performance of duties and public duties? Who has the authority to deal with denunciations?
Who has the authority to settle denunciations for violations of the law in the performance of duties and public duties in Vietnam?
According to the provisions of Article 18 of the Law on Denunciation 2018, the competence to settle denunciations of violations of the law in the performance of tasks and public duties in public non-business units is as follows:
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.
Accordingly, the head of the state agency managing the public non-business unit will be the person competent to settle denunciations related to violations of the law when performing the duties and public duties of cadres, civil servants and employees directly managed by him.
Does the person accused of violating the law in the performance of duties and public duties know who is the denouncer in Vietnam?
According to the provisions of Article 8 of the Law on Denunciations 2018, the prohibited acts in denunciation and settlement of denunciations are as follows:
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.
Thus, based on the above provisions, the accused person will not know the information of the whistleblower.
How long is the time limit for resolving a complaint in Vietnam?
According to the provisions of Article 30 of the Law on Denunciations 2018, the time limit for settling denunciations is as follows:
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.
Thus, the time limit for settling denunciations of violations of the law in the performance of public duties and duties shall not exceed 30 days from the date of receipt of denunciations.
LawNet
