Time limit for settling denunciations in Vietnam shall be significantly shortened from January 22, 2021

According to Article 22 of the Circular No. 129/2020/TT-BCA of the Ministry of Public Security of Vietnam, extension of denunciation settlement is prescribed as following:

In case the denunciation case is complicated or particularly complicated, when the time limit for denunciation settlement has expired but the denunciation settlement has not been completed, the denunciation settler shall issue an extension decision of the denunciation settlement as prescribed in Clause 2 and 3 Article 30 of the Law on Denunciation and notify the denouncer, denounced party and relevant organizations and individuals.

According to Article 30 of the Law on Denunciation 2018 of Vietnam, a denunciation shall be settled within 30 days from the date on which it is accepted. Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days. Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.

Thus, the total time limit for settling denunciations in cases of extension is counted as follows:

In comparison with provisions of Article 15 of the Circular No. 12/2015/TT-BCA and Article 21 of the Law on Denunciation 2011 of Vietnam:

According to the above table, it can be seen that Circular No. 12/2015/TT-BCA and the Law on Denunciation 2011 of Vietnam only stipulates 02 levels of denunciation case nature, which are normal cases and complicated cases, lacking the particularly complicated cases. Moreover, the time limit for denunciation settlement is much longer than currently. In particular, according to current regulations, if it is a normal denunciation case, it is not allowed to extend the denunciation settlement time.

Thus, the time limit for settling denunciations in accordance with Circular No. 129/2020/TT-BCA and the Law on Denunciation 2018 of Vietnam has been significantly shortened.

View more details at the Circular No. 129/2020/TT-BCA of the Ministry of Public Security of Vietnam, effective from January 22, 2021.

Phuong Thanh

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