Can a denunciation without specifying the whistleblower's information be accepted for settlement in Vietnam?

Can a denunciation without specifying the whistleblower's information be accepted for settlement in Vietnam?

Pursuant to Article 25 of the Law on Denunciation in 2018 stipulating receipt and settlement of denunciations in Vietnam as follows: 

1. Upon receipt of a denunciation, if it is impossible to identify full name and address of the denouncer or identify the denouncer despite verification, or the denouncer uses another person’s full name to make the denunciation or the denunciation is not made using the methods prescribed in Article 22 of this Law, the competent organization/individual must not settle the denunciation as prescribed by this Law.

2. In case the denunciation specified in Clause 1 of this Article clearly specifies information about the violator and specific documentary evidences for the violations and grounds for carrying out investigation and verification are available, the recipient shall carry out an inspection within its/his/her power or request another competent organization/individual to do so.

In addition, pursuant to Point a, Clause 2, Article 6 of the Circular 05/2021/TT-TTCP stipulating sorting statements in Vietnam as follows: 

2. Sorting statements out by processing and handling requirements into those qualified or unqualified for processing and handling.

a) A statement is qualified for processing and handling when it meets the following requirements:

- It is written in Vietnamese. If a statement is written in a foreign language, a notarized translation must be sought; the statement must clearly specify the day, month and year on which the statement is composed; the full name and address of the signer; the signer’s signature or fingerprint;

- The statement of complaint needs to clarify the full name and address of the authority, entity or person who is the subject of complaint; subject matters of, reasons for the complaint, documents involved in subject matters of the complaint and requirements of the person making complaint;  

- The statement of accusation needs to clarify the full name and address of the person making accusation; alleged acts of violation against laws; approaches for contact with the person making accusation and other relevant information;

- The statement of petition or grievance needs to clarify subject matters of petition or grievance;

- The statement without the full name and address of the person submitting the statement needs to have subject matters of accusation regarding an act of violation against law and provide clear information about the violator, specific documents or proof pertaining to offences against laws and bases for examination or investigation in accordance with clause 2 of Article 25 in the Law on Denunciation.

As regulations above, if the denunciation doesn't have the full name and address of the whistleblower (anonymous denunciation) but clear information about the violator, specific documents or proof pertaining to offences against laws and bases for examination or investigation, it shall be accepted for settlement in Vietnam.

What are regulations on methods and receipt of denunciations in Vietnam?

Pursuant to Article 22 and 23 of the Law on Denunciation in 2018 stipulating as follows: 

Article 22. Methods of denunciation

Denunciation shall be made using a form and directly at a competent authority.

Article 23. Receipt of denunciations

1. In the cases where a denunciation is made using a form, the denunciation form shall specify date of denunciation; full name and address of the denouncer, methods of contacting the denouncer; denounced violations against the law; denounced party and other relevant authority. In the cases where multiple denouncers make a denunciation, the denunciation form shall specify denouncers' full name, address and method of contacting each denouncer; full name of the representative of each denouncer.

The denouncer shall sign or press his/her fingerprint on the denunciation form.

2. In the cases where the denouncer submits a denunciation directly to a competent organization, the recipient shall instruct him/her to fill in the denunciation form or record the denunciation and request him/her to sign or press his/her fingerprint on the record, specifying the information specified in Clause 1 of this Article. In the cases where multiple denouncers makes a denunciation, the recipient shall instruct them to fill in the denunciation form or record the denunciation and request them to sign or press their fingerprint on the record.

3. Any organization or individual that has the power to settle denunciations shall receive denunciations. Every denouncer shall make their denunciation at the address announced by the competent authority.

Best regards!