Vietnam: What are the differences between denunciation and criminal denunciation? What are the protective measures for denouncers?
Vietnam: What is denunciation? What is criminal denunciation?
Pursuant to Clause 1, Article 2 of the Law on Denunciations in 2018, 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:
- Denunciation of violations against the law during performance of duties;
- Denunciation of violations against the law related to state management of fields;.
Pursuant to Article 144 of the Criminal Procedure Code 2015 stipulates that Denunciation refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities.
- Denunciation or criminal information may be made or given verbally or in writing.
- If a person makes or provides false denunciation or criminal information, he shall incur disciplinary or administrative penalties or face criminal prosecution subject to the nature and severity of violations as per the laws.
Vietnam: What are the differences between denunciation and criminal denunciation? What are the protective measures for denouncers? (Image from the internet)
Vietnam: What are the differences between denunciation and criminal denunciation?
Criteria | Denunciation | Criminal denunciation |
Legal basis | ||
Subject | Individuals. The denouncer must have a clear name and address. The denouncer must take responsibility before law for the contents of his denunciation. If a person makes or provides false denunciation or criminal information, he shall incur disciplinary or administrative penalties or face criminal prosecution subject to the nature and severity of violations as per the laws. | Individuals. The denouncer is someone who believes that a violation of the law has occurred or is likely to occur and, most importantly, must have "a sign of a crime". Existing legislation also sets forth the denouncer's responsibility for the denunciation content. If a person makes or provides false denunciation or criminal information, he shall incur disciplinary or administrative penalties or face criminal prosecution subject to the nature and severity of violations as per the laws. |
Objects | Acts of violating the law in denunciations are in all fields, regardless of the nature and seriousness of the violation. | Violations of the law in the denunciation may constitute a crime. This act must have "criminal signs" corresponding to a crime specified in the Criminal Code. |
Competent authorities | 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. | Investigation agency; Agency tasked with conducting a number of investigative activities; The Procuracy has requested in writing, but after 15 days from the date the agency accepting and handling denunciations and information about criminals receives the written request, the request has not been remedied. |
Processing time | 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 (Article 30 Law on Denunciations in 2018) | Investigation authorities and units assigned to investigate, in 20 days upon receiving denunciations, information and requisitions, shall inspect and verify such information and issue one of the following decisions: Decision to press criminal charges; Decision not to file criminal charges; Decide to suspend the processing of denunciations, information and requisitions. If denunciations, criminal information disclosed or requisitions for charges contain complex facts or the verification of such information must be done in several locations, the time limit for processing such information may be extended but shall not exceed 02 months. (Article 147 Criminal Procedure Code 2015) |
Legal consequences | To denounce is a citizen's right, that is, everyone can denounce it or not, in some cases, if it is not necessary, there is no need to denounce it. A denunciation only arises when a citizen directly or sends a denunciation to a competent agency or individual when detecting violations. If the citizen does not denounce, even if the illegal acts of other agencies or individuals are discovered, the citizen will not have to bear any responsibility. | This is the right and obligation of each citizen, so the legal relationship arises from the moment the crime has signs of occurrence. When citizens know well that a crime is being prepared, is being carried out or has been committed without denouncing it, they shall bear criminal responsibility for misprision. |
What are the current protective measures for denouncers in Vietnam?
Pursuant to Article 486 of the Criminal Procedure Code 2015 stipulates the following measures to protect denouncers:
"Article 486. Protective measures
1. Authorities and persons authorized to institute legal proceedings shall decide to implement the following protective measures on the grounds that the life, health, property, honor or dignity of the protected persons are harmed or menaced due to such persons’ provision of evidences, documents and information related to crimes:
a) Deploy personnel, implement professional measures, utilize weapons, support equipment and other means for guard and protection;
b) Constrain the protected persons' travel and interaction for their safety;
c) Maintain and request other people to maintain the confidentiality of information related to the protected persons;
d) Displace protected persons, encase information of their residential place, workplace or educational facility; change their whereabouts, personal records and identities, with their consent;
dd) Deter, warn or attenuate intrusive actions against the protected persons; hinder and resolve intrusive actions in timely manner according to the laws;
e) Other protective measures as per the laws.
2. The implementation and alteration of protective measures as defined in Section 1 of this Article must not impinge on legitimate rights and benefits of the protected persons."
Accordingly, in order to ensure the right to denounce, the above measures must be taken to protect denouncers and contribute to the prevention of current crimes.
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