What are regulations on form of decision to establish a denunciation verification team and the denunciation verification minutes in Vietnam?

What are regulations on form of decision to establish a denunciation verification team and the denunciation verification minutes in Vietnam?

In Form 7 of the Appendix issued together with Decree 31/2019/ND-CP stipulating form of decision to establish a denunciation verification team and the denunciation verification minutes as follows:

 DECISION

Forming a Delegation verification team to verify the denunciation content

…………..(5)…………

Pursuant to the June 12, 2018 Law on Denunciations;

Pursuant to Decree No..../2019/ND-CP dated ...month...2019 of the Government detailing a number of articles and measures to organize the implementation of the Law on Denunciations;

Pursuant to ……………………………………………………..(6) …………….;

Pursuant to ……………………..(7) …………….;

Considering the proposal of…………………….(8) …………….,

DECISION:

Article 1. Establishment of a delegation verification team to verify the denunciation contents, including: …………………….

1. Mr (Mrs.)……………….title…………..- Team leader (Team leader);

2. Mr. (Mrs.)……………….title…………..- Member;

……………………..

Article 2. The denunciation verification team is responsible for examining and verifying the denunciation content

…………………….(9)…………………………………………………….

Time to conduct verification is ………… days from the date of signing this Decision.

The denunciation verification team verifies the implementation of the rights, obligations and responsibilities specified at Points a, b, c, d, Clause 1 and Points a, b, c, Clause 2, Article 11 of the Law on Denunciations .

Article 3. Mr. (Mrs.) ...(10)...,...(11)...., relevant agencies, organizations, units and individuals and Mr. (Ms.) named in Article 1 shall be responsible for the implementation of this Decision.

Note:

(1) Name of the direct managing agency or organization (if any).

(2) Name of the agency or organization issuing the decision.

(3) Abbreviation of the name of the agency or organization issuing the decision.

(4) Place name.

(5) Title of the person who issued the decision.

(6) A document specifying the functions, tasks and powers of the agency or organization that issues the decision.

(7) Written assignment of verification of denunciation contents.

(8) The person proposing to establish the denunciation verification team verifies the denunciation contents.

(9) The denunciation contents are assigned for verification.

(10) The head of the agency or organization is responsible for implementing the verification decision.

(11) Name of the agency or organization being denounced; full name, position and title of the denounced individual.

In Form 8 of the Appendix issued together with Decree 31/2019/ND-CP, specifying the form of denunciation verification minutes as follows:

 REPORT

…………..(3)………….

At ..hour ..day ..month..year ……, at …………………….

Denunciation verification team was established under Decision No. ..../QD... dated.../.../... of………….., including:

1. Mr. (Mrs.) …………………………………………………… position ……………………

2. Mr. (Mrs.) ……………………………………………………. position …………………...

Proceed to work with: ……………………(4) ……………………..

Content of work: ………….(5) ……………………………………………….

The working session ended at... hours... minutes of the same day (or date ../.../…) ………………………………………………………………………… …………………….

This minutes has been read to the co-workers and confirmed below.

The minutes are made in... copies and delivered to...(6)..../.

Note:

(1) Name of the agency or organization that issues the decision to establish the verification team.

(2) Place name.

(3) Name of the minutes, for example: Minutes of working directly with the denouncer, denounced person, Minutes of working with agencies, organizations and individuals to collect information, documents, by evidence related to the content of the allegation...

(4) Full name, title, address, contact phone number (if any) of the co-workers. Co-workers may be: whistleblowers, denounced persons... Representatives of related agencies, organizations, units or individuals.

(5) Record work contents; opinions of those working together and members of the denunciation verification team verifying.

(6) The name of the relevant agency, organization or individual assigned the minutes by the denunciation verification team verified.

(*) In case someone does not sign, it must be clearly stated in the minutes.

(**) Representative of the denunciation verification team verifying the denunciation content signed each page of the Minutes.

What is sample of expertise solicitation and report on verification results of the denunciation of the denunciation verification team in Vietnam?

In Form 9 of the Appendix issued together with Decree 31/2019/ND-CP stipulating sample of expertise solicitation and report on verification results of the denunciation of the denunciation verification team as follows:

To: ……………(5)……………………..

In order to have a basis for concluding that the denunciation content must be accurate and objective,...(2)……request for expertise the following information, documents and evidence: ……………… ………… (6)

So please ………….(5)…………….. conduct the assessment and send the results to …………(2)…………. before date...month...year....

………….(2)………….. appoint Mr. (Mrs.)...(7)... to be a member of the denunciation verification team to directly hand over documents, evidence and receive inspection results.

Note:

(1) Name of the direct managing agency or organization (if any).

(2) Name of agency or organization soliciting expertise.

(3) Abbreviation of the name of the agency or organization soliciting expertise.

(4) Place name.

(5) Name of agency or organization solicited for assessment.

(6) Information, documents, evidence requested for expertise and contents to be assessed.

(7) Full name, position and title of the person assigned to hand over information, documents and evidence, and receive the assessment results.

(8) Denunciation settlers, denouncers and related agencies, organizations and individuals.

In Form 10 of the Appendix issued together with Decree 31/2019/ND-CP stipulating the form of report on verification results of the denunciation of the denunciation verification team is as follows:

 REPORT

Result of verification of denunciation content

To: ……………..(3)……………………..

Implementation of Decision No..../QD... dated …/…/………… of ………….(4)

From the date of .../.../... to the date .../…/……., the denunciation verification team verified the denunciation contents for: …………………… …………………………………………………….(5)

The Denunciation Verification team shall report the results of the denunciation verification, as follows:

1. Verification result: ……………………..(6)……………………. ..............................

2. Comments and evaluations: ……………………(7)……………………………………………………

3. Recommendations: ……………………………………….(8)……………………………………………………

The above is a report on the results of verification of the denunciation, requesting... (3)... for consideration and direction./.

Note:

(1) Name of the agency or organization that issues the decision to establish the denunciation verification team.

(2) Place name.

(3) The head of the agency or organization issues the decision to establish the denunciation verification team.

(4) The person who promulgates and extracts the Verification Decision on the establishment of the denunciation verification team.

(5) Name of agency or organization or full name, position, title and address of the denounced individual and a summary of the denunciation.

(6) Verification results according to each denunciation and explanation of the denounced person.

(7) Comment and evaluate each denunciation content, clearly stating the legal basis for determining whether or not there is a violation of the law, the denunciation is a true or partially correct denunciation, or wrong; deliberate false accusations (if any); comments and assessments on law-breaking acts of the denounced person, other agencies, organizations and individuals (if any); determine the responsibility of each agency, organization or individual related to the denunciation content.

(8) Proposing handling of agencies, organizations and individuals that commit violations; necessary measures to protect the interests of the State, the lawful rights and interests of agencies, organizations and individuals.

(*) The Head of denunciation verification team verifies the denunciation contents and signs each page of the Report.

What is report form of denunciation verification result of the agency assigned to verify the denunciation content and conclusion of the denunciation content in Vietnam?

In Form 11 of the Appendix issued together with Decree 31/2019/ND-CP stipulating the form of report on the results of verification of denunciation contents by the agency assigned to verify the report content as follows:

 REPORT

Result of verification of denunciation content

To: ……………..(5)…………………….

Perform the assigned task of verifying the denunciation contents at ……………..(6)

... (2) ... has established a denunciation verification team to verify the denunciation against: …………………….(7)

Based on the report of the denunciation verification team on the results of verification of the denunciation content and relevant information, documents and evidence,... (2)...report ... (5 ) ……………………. as follows: ……………………………….

1. Verification results: ………………………. (8) ……………………………………………..

2. Comments and evaluations: …………………….. (9) ………………..

3. Recommendations: …………………….. (10) ……………………………………………….

The above is a report on the results of verification of the denunciation, request ... (5) ... for consideration and conclusion./.

Note:

(1) Name of the direct managing agency or organization (if any).

(2) Name of the agency or organization reporting the denunciation verification results.

(3) Abbreviation of the name of the agency or organization reporting the denunciation verification results.

(4) Place name.

(5) Denunciation settler.

(6) The document assigning the task of verifying the denunciation contents of the denunciation settler.

(7) Name of agency or organization or full name, position, title and address of the denounced individual and summary of denunciation contents.

(8) Verification results according to each denunciation and explanation of the denounced person.

(9) Comment and evaluate each denunciation content, clearly stating the legal basis for determining whether or not there is a violation of the law, the denunciation is a true and partially correct denunciation or wrong; deliberate false accusations (if any); comments and assessments on illegal acts of the denounced person, other agencies, organizations and individuals (if any); determine the responsibility of each agency, organization or individual related to the denunciation content.

(10) Proposing handling of agencies, organizations and individuals that commit violations; necessary measures to protect the interests of the State, the lawful rights and interests of agencies, organizations and individuals.

In Form 12 of the Appendix issued together with Decree 31/2019/ND-CP, the form of conclusion of denunciation content is as follows:

 CONCLUSION OF DENUNCIATION

For …………(5)…………

Date.../../..., ………….(2)... issued Decision No..../QD-... …………..(5) ……………………………………………………..

Based on the denunciation, explanation of the denounced person, results of verification of the denunciation, relevant documents and evidences and comparison with the provisions of law,... (2) ... conclusion of the denunciation content as follows:

1. Result of verification of denunciation contents: (6) ……………………..

2. Legal grounds to determine whether or not there is a violation of the law (7)

3. Conclusion: ………………(8) ……………………………………………………

4. Competent handling measures to be taken and recommended: …………………….(9)

Note:

(1) Name of the direct managing agency or organization (if any).

(2) Name of the agency or organization that concludes the denunciation content.

(3) Abbreviation of the name of the agency or organization that concludes the denunciation content.

(4) Place name.

(5) Name of the denounced agency or organization or full name, position, title and address of the denounced individual.

(6) Verify results according to each denunciation and explanation of the denounced person.

(7) Specify the legal basis to determine whether or not there is a violation of the law.

(8) Conclude each denunciation content, clearly stating that the denunciation is true, partially true or false; intentionally falsely denouncing (if any) conclusions about illegal acts of the denounced person, other agencies, organizations or individuals (if any); reason; responsibility of the denounced person, relevant agencies, organizations and individuals in the denunciation contents which are true or partially true; material and spiritual damage caused by law violations; damaged object; the illegal, wrong or inappropriate contents of the previous denunciation settlement (if any) and the responsibilities of relevant agencies, organizations, units and individuals.

(9) The appropriate handling measures to be taken; to recommend other agencies, organizations and individuals to apply handling measures according to their competence to agencies, organizations and individuals that commit law violations; propose competent agencies to consider amending and supplementing policies and laws, and applying necessary measures to protect the interests of the State, and the lawful rights and interests of agencies, organizations and individuals.

(10) Superior state inspection agency.

(11) State inspection agency of the same level.

(12) The denounced person (in case the written Conclusion contains information belonging to the state secret or information harmful to the denouncer, the document must be extracted and omitted before sending it to the denounced person). 

(13) Name of the agency, organization or individual managing the denounced person.

(14) Names of other relevant agencies, organizations and individuals receiving conclusions.

Best Regards!