What are penalties for denunciation handlers when disclosing information of denouncers in Vietnam?
What are penalties for denunciation handlers when disclosing information of denouncers in Vietnam? What are penalties for official when making denunciation in untruthful manner in Vietnam?
Hello, I have filed a complaint against a person to the competent authority but the denunciation handler is a friend of the accused, he has disclosed my information that I am the denouncer. Now I want to file a request for disciplinary action. So what are penalties for him? Please advise.
1. What are penalties for denunciation handlers when disclosing information of denouncers in Vietnam?
Pursuant to Article 22 of Decree 31/2019/ND-CP stipulating taking disciplinary actions against denunciation handlers as follows:
1. A denunciation handler shall be issued with a reprimand if he/she commits one of the following violations against the law:
a) Abuse his/her position or power to settle denunciations to commit illegal acts;
b) Fail to assume or fully assume the responsibility to protect the denouncer, therefore, the denounced party is taken revenge on or victimized.
2. A denunciation handler shall be issued with a warning if he/she commits one of the following violations against the law:
a) Disclose the denouncer’s name, address and autograph or other information which may reveal his/her identity;
b) Deliberately fail to accept denunciations, fail to give conclusions about denunciation contents; fail to decide to settle denunciations within its/his/her power or fail to recommend a competent person to settle denunciations.
3. A denunciation handler shall be dismissed if he/she commits one of the following violations against the law:
a) Deliberately fail to settle denunciations or deliberately settle denunciations against the law, thereby disturbing social order and threatening security;
b) Deliberately ignore evidence, omit information and documents, lose or falsify case files; protect the denounced party that disturbs social order and threatens security;
c) Fail to adopt measures to protect the denouncer within his/her power, therefore, the denouncer is taken revenge on or victimized, thus resulting in deliberate infliction of bodily harm with an infirmity rate of at least 61% or death.
As such, the denunciation handler who discloses the denouncer’s information and other information that reveals the denouncer’s identity in Vietnam will be disciplined in the form of a warning.
2. What are penalties for official when making denunciation in untruthful manner in Vietnam?
According to Article 23 of Decree 31/2019/ND-CP stipulating taking disciplinary actions against denouncers that are officials and public employees as follows:
Any official or public employees who knows that the denunciation is made in an untruthful manner but still makes the denunciation many times or knows that the denunciation has been settled by a competent authority or person in accordance with law but still makes the denunciation many times without providing any evidence for the denunciation contents; force, persuade, incite, counsel or bribe another to make untruthful denunciations; use another person’s name to make denunciations, thereby harming internal solidarity or affecting prestige and normal operation of organizations and units, shall, according to the nature and degree of his/her violation, incur disciplinary penalties or criminal prosecution.
According to this Article, officials who make false denunciations, depending on the nature and degree of their violations, will incur disciplinary penalties or criminal prosecution in Vietnam.
Best Regards!
