Is there any reward for denouncing gambling behavior in Vietnam? What is difference between a complaint and a denunciation in Vietnam?

Is there any reward for denouncing gambling behavior in Vietnam?

I want to report that there are lottery players and card players in the area near my factory. I want to know if I report, can I receive any reward?

Reply:

The act of writing lots is defined as an illegal gambling act in accordance with current law. According to this regulation, depending on the nature and seriousness of the violation, the violator may be administratively sanctioned or examined for penal liability for the crime of illegal gambling.

For the detection and denunciation of violations, based on the provisions of Clause 3, Article 14 of the Law on Handling of Administrative Violations, 2012:

3. Individuals, organizations have responsibility to detect, denounce and combat, prevent and oppose administrative violations.

At the same time, according to the provisions of Clauses 1 and 4, Article 144 of the Criminal Procedure Code 2015, denunciation refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities. Denunciation or criminal information may be made or given verbally or in writing.

According to these regulations, the detection of violations of administrative and criminal laws is the responsibility of all citizens, so when detecting illegal gambling, you have the right to denunciations to competent authorities.

About the reward system:

Article 62 of the 2018 Law on Denunciations provides:

Denouncers that fully and truthfully cooperate with competent organizations and individuals in discovering, preventing and taking actions against violations against the law shall be provided rewards.

However, this regulation does not specify how the reward is implemented specifically in Vietnam. Therefore, depending on the actual situation, the person making the denunciation of each specific case will be considered and rewarded by the competent authority at an appropriate level and form.

What is difference between a complaint and a denunciation in Vietnam?

Complaint means a request by a competent agency, organization or individual to review an administrative decision according to procedures prescribed by law, administrative acts of a State administrative agency, of a competent person in a State administrative agency or a decision to discipline a cadre or civil servant when there are grounds to believe that such decision or act is illegal, infringing upon their legitimate rights and interests.

Reply:

Denunciation is a citizen's reporting according to the procedures prescribed by law to a competent agency, organization or individual about the illegal acts of any agency, organization or individual. causing damage or threatening to cause damage to the interests of the State, the lawful rights and interests of citizens, agencies and organizations.

The difference between complaint and denunciation is reflected in the following aspects:

- All citizens, agencies and organizations have the right to experience. Unlike complaint, the subject to exercise denunciation rights as prescribed in the Law on denunciation can only be citizens.

- Objects of complaint are administrative decisions, administrative acts, which directly affect the legitimate rights and interests of the expatriate. The subject of a denunciation is an illegal act by any agency, organization or individual that causes damage or threatens to cause damage to the interests of the State, the legitimate rights and interests of citizens, agencies, organization.

- The complainant must complain properly with the competent agency to solve the problem. The denunciator can commit illegal acts against any State agency. If the denunciation does not fall under its jurisdiction, the receiving agency is responsible for transferring the denunciation application and notifying the denunciator in writing; if the denunciator comes to denounce directly, that agency is responsible for guiding the denunciator to the competent authority.

The complainant must have full capacity acts (if they do not have to have a legal representative or guardian to perform skills). According to the Civil Code, a person with full civil act capacity must be a person who is full 18 years old and does not suffer from mental or other illnesses that make him or her unable to perceive or control his or her behavior or have limited capacity to act due to addiction to drugs or other stimulants. However, there are some cases, people who do not have full behavioral capacity can learn on their own. The Law on Handling of Administrative Violations stipulates that persons aged 16 years or older must be responsible for all acts of administrative violations caused by themselves. In case the complainant is sick, old and weak, has physical weaknesses or for other objective reasons, he/she cannot make a complaint by himself/herself, he/she may authorize another person with full civil act capacity to complain.

Do I have to pay a fine during the time of complaining about the traffic fine decision in Vietnam?

Obviously, when I crossed the street, I turned on the turn signal, but was fined by the traffic police for this. I want to ask if I have to pay a fine if I file a complaint now?

Reply:

Clause 1, Article 73 of the Law on Handling of Administrative Violations 2012 provides:

1. Individual or organization being sanctioned administrative violations must serve sanctioning decision within 10 days, since receiving decision sanctioning administrative violation; if decision sanctioning administrative violation indicate time limit of execution more than 10 days, may execute under that time limit.

When individual or organization being sanctioned administrative violation complain, sue with respect to decision sanctioning administrative violation, the sanctioning decision must be executed, except for case specified in clause 3 Article 15 of this Law. Complaints, lawsuits shall be settled as prescribed by law.

Thus, in your case, if you disagree with the traffic penalty decision, you have right to complain to the traffic police department where the traffic police make working records or initiate an administrative case at the Court. When making a complaint, you are still responsible for paying the fine as prescribed in Vietnam.

Best regards!