If the denounced party has been reassigned to another organization, who is responsible for settling in Vietnam?

May I ask about the denunciation handling authority? My friend, who was formerly the deputy director of the provincial Department of Natural Resources and Environment, has now been reassigned to another organization to be the Chairman of the District State Committee. Recently, he was accused of misconduct during his time as deputy director of the Department of Natural Resources and Environment. So now who has the authority to handle that denunciation?

If the denounced party has been reassigned to another organization, who is responsible for settling in Vietnam?

Pursuant to Clause 3, Article 12 of the 2018 Law on Denunciations, rules for determining power are as follows:

3. In case a denunciation of violations against law committed by an official, public official or public employee during performance of his/her duties is made when he/she was previously an official, public official or public employee and he/she has been reassigned to another organization or is no longer an official, public official or public employee, such denunciation shall be settled as follows:

a) In case the denounced party that is the head or deputy head has been reassigned to another organization but still holds a similar position, the denunciation shall be settled by the head of the previous supervisory organization in cooperation with the head of the current supervisory organization;

b) In case the denounced party has been reassigned to another organization and hold a higher position, the denunciation shall be settled by the head of the current supervisory organization in cooperation with the previous supervisory organization.

In case the denounced party has been reassigned to another organization and is the head or deputy head of such organization, the denunciation shall be settled by the head of the current supervisory organization in cooperation with the previous supervisory organization;

c) In case the denounced party has been reassigned to another organization and is not the case specified in Points and b of this Clause, the denunciation shall be settled by the head of the previous supervisory organization in cooperation with the head of the current supervisory organization;

d) In case the denounced party is no longer an official, public official or public employee, the denunciation shall be settled by the head of the previous supervisory organization in cooperation with the heads of relevant organizations.

In the case of your friend, he was reassigned to a higher position, in this case the head of the district. Therefore, according to regulations in Vietnam, the person competent to handle the denunciation is the current immediate superior. Thus, the person competent to handle is the Chairman of the Provincial People's Committee and the director of the Department of Natural Resources and Environment at the time of violation, who are responsible for coordinating handling.

Best Regards!

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