What are procedures for in-person meeting with denouncers in Vietnam?

What are procedures for in-person meeting with denouncers in Vietnam? What are regulations on verification of denunciation contents in Vietnam? What are procedures for in-person meeting with denounced parties in Vietnam?

Thank you!

What are procedures for in-person meeting with denouncers in Vietnam?

Pursuant to Article 11 of the Decree 31/2019/NĐ-CP stipulating in-person meeting with denouncers in Vietnam as follows:

1. The denunciation handler and verification team shall hold an in-person meeting with the denouncer and request him/her to provide information, documents and evidence to clarify denunciation contents.

The denouncer shall honestly state the denunciation, cooperate and provide information and documents relating to the denunciation.

2. There must be a minutes of in-person meeting with the denouncer. The minutes shall bear signatures of the denouncer and person in charge of having a meeting with the denouncer. The minutes shall be made into at least 02 copies, one is sent to the denouncer (if the denouncer so requests) and one is included in the denunciation case file. In case the denouncer does not sign the minutes of meeting, the person in charge of having a meeting with the denouncer and other members of the verification team shall sign the minutes of meeting and clearly specify the denouncer’s failure to sign it. The minutes of meeting shall be made using the Form No. 08 in the Appendix hereof.

3. In case of failure to have an in-person meeting with the denouncer for objective reasons, the denunciation handler, person issuing the decision on establishment of verification team or head of the verification team shall request the denouncer in writing to provide information, documents and evidence to clarify denunciation contents.

What are regulations on verification of denunciation contents in Vietnam?

Pursuant to Article 10 of the Decree 31/2019/NĐ-CP stipulating verification of denunciation contents in Vietnam as follows:

1. The denunciation handler shall verify the denunciation itself/himself/herself or establish a denunciation verification team (hereinafter referred to as “the verification team”). A verification team shall be composed of at least two persons, including one head. The decision on establishment of verification team shall be made using the Form No. 07 in the Appendix hereof.

2. In case the denunciation handler assigns an inspecting authority at the same level or another organization/individual to verify the denunciation, the written assignment on denunciation verification shall be made as prescribed in Clause 2 Article 31 of the Law on Denunciation. The head of the inspecting authority or another organization/individual assigned to verify the denunciation shall establish a verification team as prescribed in Clause 1 of this Article.

3. The denunciation handler or the head of the inspecting authority or another organization/individual assigned to verify the denunciation shall not appoint persons who have spouses, biological fathers or mothers, adoptive fathers or mothers, mothers or fathers in law, natural or adoptive children, sons or daughters in law, natural younger or older brothers/sisters who are denounced parties or whose interests are in direct connection with denounced parties as the head of the verification team or members thereof.

The head and members of the verification team shall notify the person assigning the verification task if they are the ones specified in Clause 2 Article 5 of this Decree.

What are procedures for in-person meeting with denounced parties in Vietnam?

Pursuant to Article 12 of the Decree 31/2019/NĐ-CP stipulating in-person meeting with denounced parties in Vietnam as follows:

1. The denunciation handler and verification team shall hold an in-person meeting with the denounced party; request the denounced party to explain denunciation contents in writing and provide information, documents and evidence relating to the denounced contents and explanations.

2. A minutes of meeting with the denounced party shall be made using the Form No. 08 in the Appendix hereof. The minutes shall bear signatures of the denounced party and person in charge of having a meeting with the denounced party and be made into at least 02 copies, one is sent to the denounced party (if the denounced party so requests) and one is included in the denunciation case file.

3. In case the information, documents and evidence provided by the denounced party are insufficient and explanation is not clearly provided, the verification team shall request the denounced party to keep providing information, documents and evidence, and explain unclear issues.

Best regards!

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