Can denouncers authorize another person to denounce for them in Vietnam? What is time limit for settling denunciations in Vietnam?

Can denouncers authorize another person to denounce for them in Vietnam?

Clause 1, Article 9 of the 2018 Law on Denunciations stipulates that a denouncer has the rights to:

a) exercise his/her denunciation right as prescribed by this Law;

b) have his/her name, address, autograph and other personal information kept confidential;

c) be informed of the acceptance of or failure to accept a denunciation, transfer of his/her denunciation to a competent authority or individual, extension of the time limit for settling the denunciation, termination or suspension of the process of settling the denunciation, continuation in settling the denunciation, and making of conclusions.

d) keep making further denunciation if there are grounds to believe that a competent organization or individual settles the denunciation against the law or a denunciation is yet to be settled within the prescribed limit;

dd) withdraw his/her denunciation;

e) request a competent organization or individual to adopt measures for protecting the denouncer;

g) be provided with rewards or compensation for any damage he/she incurs as prescribed by law.

According to Article 22 of the 2018 Law on Denunciations, methods of denunciation are prescribed as follows:

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

Thus, according to the above regulations in Vietnam, the denouncer must be responsible for the content of his/her denunciation. It is impossible for you to authorize someone else to denounce on your behalf. The denunciation must be made by yourself by application or presentation directly to the competent authority.

Can denouncers authorize another person to denounce for them in Vietnam? What is time limit for settling denunciations in Vietnam? (Image from the Internet)

What is time limit for settling denunciations in Vietnam? 

Pursuant to Article 30 of the Law on Denunciations 2018, time limit for settling denunciations is as follows:

1. A denunciation shall be settled within 30 days from the date on which it is accepted.

2. Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days.

3. Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.

4. The denunciation handler shall issue an extension decision to the denouncer, denounced party and relevant organizations and individuals.

5. The Government shall elaborate this Article.

In addition, according to Clause 2 and Clause 3, Article 3, Decree 31/2019/ND-CP stipulates that a complicated case is a case with one of the following criteria:

2. A case shall be deemed complicated if one of the following criteria is met:

a) The denunciation is aimed at one content that has to be verified in at least 02 locations;

b) The denunciation is aimed at 02 contents or more that have to be verified;

c) Multiple denouncers make a denunciation aimed at the same content or the denunciation contents are related to rights and interests of multiple persons;

d) The denunciation involves foreign elements: the denouncer lives in a foreign country or is a foreigner; the denounced violation is committed in a foreign country; and the denunciation contents have to be verified in a foreign country;

dd) The denunciation contents are related to managerial responsibilities of multiple organizations;

e) Organizations and individuals involved in the process of settling denunciations still make different comments;

g) There are documents and evidence that are inconsistent with each other, therefore, it is necessary to inspect, verify or assess them or consult specialized agencies.

3. A case shall be deemed particularly complicated if at least 02 criteria specified in Clause 2 of this Article are met.

Therefore, according to the above regulations in Vietnam, the time to resolve denunciations is no more than 30 days from the date of receipt of the denunciation. In addition, there will be particularly complicated cases where the competent authority can extend the time to resolve the denunciation, but not more than 30 days.

Best regards!