Vietnam: What are the procedures for settling denunciations? In what case can the denunciation handler issue a denunciation decision?
What are the procedures for settling denunciations in Vietnam?
Pursuant to Article 28 of the Law on Denunciations 2018, the procedures for settling denunciations are:
- Accept a denunciation.
- Verify the denunciation.
- Give a conclusion about the denunciation.
- Handle the denunciation conclusion issued by the denunciation handler.
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In what case can the denunciation handler issue a denunciation decision in Vietnam?
Pursuant to Clause 1, Article 29 of the Law on Denunciation 2018 as follows:
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.
Referring to Article 23 of the Law on Denunciations 2018 as follows:
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.
Thus, a denunciation handler may issue a denunciation decision if the following conditions are satisfied:
- Denunciations:
+ 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 the 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.
+ 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 Article 23 of the Law on Denunciations 2018. 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.
-The denouncer has full legal capacity. In the case of limited legal capacity, a representative is required as prescribed by law;
- The case falls within the recipient’s jurisdiction;
- There are grounds for determining a violator and violation against the law.
Note: 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.
What is the time limit for settling denunciations in Vietnam?
Pursuant to Article 30 of the Law on Denunciations 2018, the time limit for settling denunciations is as follows:
- A denunciation shall be settled within 30 days from the date on which it is accepted.
- Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days.
- Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.
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