What is publishing denunciation conclusions and decisions to take actions against denounced violations in Vietnam?

What is publishing denunciation conclusions and decisions to take actions against denounced violations in Vietnam?

Article 6 of Decree 31/2019/ND-CP stipulates publishing denunciation conclusions and decisions to take actions against denounced violations as follows:

1. Denunciation conclusions and decisions to take actions against denounced violations shall be published, except contents classified as governmental secrets and information about denouncers.

2. According to actual condition, nature of the case and requirements for settling a denunciation, the denunciation handler or the person that has the power to take disciplinary actions or impose penalties for administrative violations shall decide to publish the denunciation conclusion or decision to take actions against the denounced violation as prescribed in Clause 2 Article 40 of the Law on Denunciation by adopting one or some of the following methods:

a) Publish it during a meeting at the organization for which the denounced party is working or organization of the denunciation handler or organization of the person that is assigned to carry out verification, with the participation of the denunciation handler, person verifying denunciation contents, denounced party, head of the organization for which the denounced party is working and other relevant organizations and individuals;

b) Post it at the office or citizen reception office of the person that has settled the denunciation and person that has issued the decision to take actions against the denounced violation. It shall be posted for at least 15 consecutive days;

c) Post it on the web portal or internal information network of the organization that has settled the denunciation or organization of the person that has issued the decision to take actions against the denounced violation. It shall be posted for at least 15 consecutive days;

d) Post it on the mass media (including printed newspapers, audio newspapers, video newspapers and online newspapers) and a web portal. It shall be posted on a printed newspapers, audio newspapers or video newspapers at least 02 consecutive times. It shall be posted on an online newspapers or web portal for at least 15 consecutive days.

What are regulations on publishing denunciation conclusions and decisions to take actions against denounced violations in Vietnam? (Image from the Internet)

What are regulations on responsibility to protect denouncers in Vietnam?

Article 7 of Decree 31/2019/ND-CP stipulates responsibilities of denunciation handlers upon receiving written requests for adoption of protection measures as follows:

1. Upon receiving a written request for adoption of protection measures (hereinafter referred to as “the protection request”) from the denouncer, the denunciation handler shall consider, assess grounds and validity of the protection request and decide to adopt protection measures within its/his/her power as prescribed in Article 52 of the Law on Denunciation. In case it is not the denunciation handler’s jurisdiction to adopt protection measures, request a competent authority to do so.

2. In case of emergency, the denunciation handler shall request a competent authority to immediately to adopt protection measures and then submit a written request to the authority that has the power to adopt protection measures.

Article 8 of Decree 31/2019/ND-CP stipulates responsibilities of authorities requested to adopt protection measures as follows:

Upon receiving a written request from the denunciation handler, the competent authority shall, within its jurisdiction, consider it and decide to adopt protection measures as prescribed in Article 52 of the Law on Denunciation and notify the denunciation handler and protected person in writing.

What is implementation of acceptance of denunciations and notification of denunciation acceptance in Vietnam?

Article 9 of Decree 31/2019/ND-CP stipulates acceptance of denunciations and notification of denunciation acceptance as follows:

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.

2. Within 05 working days from the date on which the denunciation acceptance decision is issued, the denunciation handler shall notify the denouncer and notify denunciation contents to the denounced party. The notification of denunciation acceptance and notification of denunciation contents shall be made using the Form No. 05 and No. 06 respectively in the Appendix hereof.

Best regards!