How long must denunciation conclusions be posted at the office in Vietnam?
How long must denunciation conclusions be posted at the office in Vietnam? Is it possible to partially withdraw denunciation after the denunciation handler gives a conclusion about the denunciation in Vietnam?
Hello, I have reported the misconduct of an officer to the agency for resolution, the agency has also concluded the denunciation content and posted it at the office but it has only been 1 week since it was taken down, so how long must denunciation conclusions be posted at the office in Vietnam?
Please advise.
1. How long must denunciation conclusions be posted at the office in Vietnam?
Pursuant to Article 6 of Decree 31/2019/ND-CP stipulating the publishing denunciation conclusions and decisions to take actions against denounced violations as follows:
1. Denunciation conclusions and decisions to take actions against denounced violations shall be published, except contents classified as governmental secrets and information about denouncers.
2. According to actual condition, nature of the case and requirements for settling a denunciation, the denunciation handler or the person that has the power to take disciplinary actions or impose penalties for administrative violations shall decide to publish the denunciation conclusion or decision to take actions against the denounced violation as prescribed in Clause 2 Article 40 of the Law on Denunciation by adopting one or some of the following methods:
a) Publish it during a meeting at the organization for which the denounced party is working or organization of the denunciation handler or organization of the person that is assigned to carry out verification, with the participation of the denunciation handler, person verifying denunciation contents, denounced party, head of the organization for which the denounced party is working and other relevant organizations and individuals;
b) Post it at the office or citizen reception office of the person that has settled the denunciation and person that has issued the decision to take actions against the denounced violation. It shall be posted for at least 15 consecutive days;
c) Post it on the web portal or internal information network of the organization that has settled the denunciation or organization of the person that has issued the decision to take actions against the denounced violation. It shall be posted for at least 15 consecutive days;
d) Post it on the mass media (including printed newspapers, audio newspapers, video newspapers and online newspapers) and a web portal. It shall be posted on a printed newspapers, audio newspapers or video newspapers at least 02 consecutive times. It shall be posted on an online newspapers or web portal for at least 15 consecutive days.
Thus, denunciation conclusion must be posted at the office or citizen reception office of the person that has settled the denunciation and person that has issued the decision to take actions against the denounced violation. It shall be posted for at least 15 consecutive days. Therefore, you can make an application to ask about the posting of the denunciation conclusion of the denunciation settlement agency to clarify this issue in Vietnam.
2. Is it possible to partially withdraw denunciation after the denunciation handler gives a conclusion about the denunciation in Vietnam?
According to Article 4 of Decree 31/2019/ND-CP, the withdrawal of denunciations is as follows:
1. The denouncer is entitled to partially or totally withdraw a denunciation before the denunciation handler gives a conclusion about the denunciation. The denunciation shall be withdrawn in writing. The written withdrawal shall specify date, full name and address of the person withdrawing the denunciation, and denunciation contents that are withdrawn, and bear the signature or fingerprint of the person withdrawing the denunciation. In case the denouncer withdraws the denunciation directly at the competent organization, the competent person shall make a denunciation withdrawal record and the person withdrawing the denunciation shall sign or press his/her fingerprint on the record. The written withdrawal and denunciation withdrawal record shall be made using the Form No. 02 and No. 03 respectively in the Appendix hereof.
2. In case multiple denouncers make a denunciation but one or some denouncers withdraw the denunciation as prescribed in Clause 1 of this Article. In case all denouncers withdraw the denunciation, a representative shall withdraw the denunciation in writing or the competent person shall make a denunciation withdrawal record, which is required to bear the signatures or fingerprints of denouncers or representative.
3. In case the denouncer withdraws the denunciation and the denunciation handler deems that the denounced act is suspected of violating the law or there are grounds to confirm that the denouncer is threatened or bribed to withdraw the denunciation or the denouncer makes use of the denunciation to slander, insult or cause damage to the denounced party, the denunciation has to be still settled as prescribed in Clause 3 Article 33 of the Law on Denunciation. The denunciation handler shall adopt measures within his/her power or request the competent organization or individual to adopt measures to protect the denouncer as prescribed by law; take actions against the person that threatens or bribe the denouncer or makes use of the denunciation to slander, insult or cause damage to the denounced party as prescribed by law.
According to this Article, the denouncer is entitled to partially or totally withdraw a denunciation before the denunciation handler gives a conclusion about the denunciation. The denouncer may not partially withdraw the denunciation after the denunciation handler gives a conclusion about the denunciation.
Best Regards!
