Can I authorize others to exercise the right to denounce in Vietnam?
According to current law, is it possible to authorize others to exercise the right to denounce? What is time limit for settling denunciations in Vietnam? Please advise.
1. Can I authorize others to exercise the right to denounce in Vietnam?
In Clause 1, Article 9 of Decree 31/2019/ND-CP guiding the Law on Denunciations, there are provisions:
1. Before accepting a denunciation, the denunciation handler shall itself/himself/herself verify information about the denouncer and conditions for accepting denunciations or assign a state inspecting authority at the same level or another organization/individual to do so. If the denouncer does not reside in the area under the management of the denunciation handler or the denunciation handler has difficulty in verifying information, the denunciation handler shall authorize a regulatory authority at the same level or an inferior regulatory authority to verify information required to issue the denunciation acceptance decision. The denunciation shall be accepted as prescribed in Article 29 of the Law on Denunciation. The denunciation acceptance decision shall be made using the Form No. 04 in the Appendix hereof.
Thus, according to the above provisions, the law does not provide for the case of authorizing another person to make the denunciation in Vietnam.
2. What is time limit for settling denunciations in Vietnam?
In Clause 1, Article 3 of Decree 31/2019/ND-CP guiding the Law on Denunciations, there are provisions:
1. Time limit for settling denunciations is specified in Clause 1 Article 30 of the Law on Denunciation. Time limit for settling denunciations regarding complicated cases and particularly complicated cases is specified in Clauses 2 and 3 Article 30 of the Law on Denunciation.
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.
4. The extension of the time limit for settling a denunciation shall be made through a denunciation handler’s decision issued to relevant organizations and individuals as prescribed in Clause 4 Article 30 of the Law on Denunciation. The decision on extension of time limit for settling denunciations shall be made using the Form No. 01 in the Appendix hereof.
Best Regards!
