04:06 | 06/12/2022

What does the denunciation verification plan include? What are the formal requirements for the decision on denunciation acceptance in Vietnam?

May I ask: What does the denunciation verification plan include? What are the formal requirements for the Decision on denunciation acceptance in Vietnam? Question of Ms. Ly from Can Tho.

What does the denunciation verification plan include?

Pursuant to Clause 2, Article 12 of Circular 129/2020/TT-BCA of Vietnam stipulating as follows:

Make a denunciation verification plan
1. The denunciation verification plan shall be drawn up by the head of the verification team and submitted to the person who issues the decision on the establishment of the verification team or the head of the agency or unit assigned the verification task for approval.
2. The denunciation verification plan includes:
a) Based on the decision to establish the verification team of the competent person to conduct the verification;
b) Purpose and requirements of the verification;
c) Verification contents: Specifying each denunciation content to be verified and clarified; measures and steps for verifying each denunciation content must be detailed and specific, the order of tasks to be performed must be determined to achieve the best effect;
d) Agencies, organizations, units and individuals need to work to collect and verify information, documents and evidences; estimated time to perform each job;
dd) Verification coordination force (if any);
e) Necessary conditions and means for verification;
g) Time of verification; progress reporting;
h) Other contents related to the denunciation settlement.
3. The verification team leader shall hold a meeting of the verification team to agree on and implement the verification plan, and assign members to perform the following tasks:
a) Prepare a plan to collect relevant documents and records stated in the verification plan;
b) Prepare content and work plan with whistleblowers; draft documents to submit to the denunciation settler or the person who decides to establish the verification team or the head of the verification team to sign and request the denouncer to come to work and provide information, documents and evidences related to the denunciation contents;
c) Prepare content and work plan with the denounced agency, unit or individual; draft documents to be submitted to the denunciation settler or the person who decides to establish the verification team or the head of the verification team to sign and request the denounced agency, unit or individual to explain the denounced act; provide information and documents related to the denunciation;
d) Prepare content to work with other agencies, organizations and individuals related to the denunciation; prepare documents for submission to the denunciation settler or the person who issues the decision to establish the verification team or the head of the verification team to sign the request or request other agencies, organizations or individuals to provide information and documents, and evidence related to the denunciation content;
dd) The meeting of the verification team must be recorded in minutes for record keeping or recorded in the verification team's diary.

Thus, according to the above provisions, the denunciation verification plan includes:

- Based on the decision to establish the verification team of the competent person to conduct the verification.

- Purpose and requirements of the verification.

- Verification contents: Specifying each denunciation content to be verified and clarified; Measures and steps to verify each denunciation content must be detailed and specific, and the order of work to be performed must be determined to achieve the best effect.

- Agencies, organizations, units and individuals need to work to collect and verify information, documents and evidences; Estimated time to perform each task.

- Verification coordination force (if any).

- Necessary conditions and means for verification.

- Time of verification; progress reporting.

- Other contents related to the denunciation settlement.

What does the denunciation verification plan include? What are the formal requirements for the decision on denunciation acceptance in Vietnam?

What does the denunciation verification plan include? What are the formal requirements for the decision on denunciation acceptance in Vietnam? (Image from the internet)

What are the formal requirements for the decision on denunciation acceptance in Vietnam?

Pursuant to Clause 3, Article 14 of Circular 129/2020/TT-BCA of Vietnam stipulates as follows:

Announcement of the decision on denunciation acceptance and the decision on establishment of the denunciation verification team
1. If the notification of the denunciation acceptance to the denounced person is made according to the provisions of Point b, Clause 3, Article 13 of this Circular, within 5 working days from the date of issuance of the decision on denunciation acceptance, decide on establishment of the denunciation verification team, the denunciation settler or the Head of the Verification Team assumes the prime responsibility for announcing the decision on denunciation acceptance, the decision on establishment of the Denunciation Verification Team; The announced components include:
a) The representative of the head of the inspection agency or another agency assigned to verify the denunciation contents; Denunciation verification team;
b) The collective leadership in case the denounced object is an agency, organization or unit;
c) In case the denounced person is a Party member, leader of an agency, organization or unit, the composition includes: Standing collective or Party committee, collective leadership of the denounced person's agency, organization or unit, representatives of mass organizations (if any) and denounced persons;
d) In case the denounced person is an official who does not hold a position, the composition includes: Representative of the head of the agency, organization or unit of the denounced person, representatives of mass organizations (if any) and the defendant denounce.
2. Announcement contents:
a) The head of the verification team shall announce all contents of the decision on denunciation acceptance and the decision to establish the team to verify the denunciation;
b) To request the denounced person to explain the denounced act and to provide dossiers and documents related to the denunciation; request or request other relevant agencies, organizations and individuals to provide dossiers and documents related to the denunciation contents;
c) Notify the working schedule of the verification team.
3. The announcement of the decision on denunciation acceptance and the decision on establishment of the denunciation verification team must be made in writing and signed by the head of the verification team and the representative of the agency or unit managing the denounced person and the denounced person. The minutes are made in three copies, one copy is given to the denounced person, one copy is handed over to the representative of the agency, organization or unit managing the denounced person and one copy is kept in the denunciation settlement file.

Thus, according to the above regulations, the form of the decision on denunciation acceptance must satisfy the following requirements:

- Must be recorded.

- Having the signatures of the head of the verification team, the representative of the agency or unit managing the denounced person and the denounced person.

What are the contents of the written assignment on denunciation verification in Vietnam?

Pursuant to Clause 2, Article 31 of the 2018 Law on Denunciations of Vietnam, the written assignment on denunciation verification in Vietnam shall contain at least:

- Date of assigning verification;

- The assignee;

- Full name and address of the denounce party; name and office building of the denounced party;

- The denunciation to be verified;

- Time for carrying out verification;

- Rights and responsibilities of the assignee.

Thư Viện Pháp Luật

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