Vietnam: How to determine the power to settle denunciations of violations against law during performance of the duties?
- What are the rules of determining the power to settle denunciations of violations against law during performance of the duties in Vietnam?
- The head of a Governmental agency has the power to settle denunciations of violations against law during performance of which duties?
- Does the Chief Justice of the Supreme People’s Court have the power to settle denunciations of violations against law during performance of the duties in Vietnam?
What are the rules of determining the power to settle denunciations of violations against law during performance of the duties in Vietnam?
Pursuant to the provisions of Article 12 of the 2018 Law on Denunciation in Vietnam stipulating the rules of determining the power to settle denunciations of violations against law during performance of the duties as follows:
- 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.
- 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.
- 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:
+ 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;
+ 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;
+ 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;
+ 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.
- 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.
- 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.
- 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.
Vietnam: How to determine the power to settle denunciations of violations against law during performance of the duties?
The head of a Governmental agency has the power to settle denunciations of violations against law during performance of which duties?
Pursuant to the provisions of Clause 6, Article 13 of the 2018 Law on Denunciation in Vietnam:
Power to settle denunciations of violations against law committed by state administrative agencies during performance of their duties
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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.
Thus, the head of a Governmental agency has the power to:
- 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.
- settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
Does the Chief Justice of the Supreme People’s Court have the power to settle denunciations of violations against law during performance of the duties in Vietnam?
Pursuant to the provisions of Clause 4, Article 14 of the 2018 Law on Denunciation in Vietnam:
Power to settle denunciations of violations against law committed by People’s Courts during performance of their duties
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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.
Thus, the Chief Justice of the Supreme People’s Court has the power to:
- 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;
- settle denunciations of violations against the law committed by organizations under his/her management, Superior People’s Courts and People’s Courts of provinces.
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