Vietnam: Handling of documents damaged or in foreign language during the denunciation process

According to Article 18 of the Circular No. 129/2020/TT-BCA issued by the Ministry of Public Security of Vietnam, the collection and processing information, documents and related evidences is as following:

- The collection of information, documents and evidence related to the denunciation must be based on the approved verification plan and the requirements of the denunciation settlement. When receiving information, documents and evidence directly provided by the denouncer, denounced person, related agencies, organizations, units and individuals, the verification team must make a delivery receipt.

- Information, documents and evidence collected directly must clearly show the origin. When collecting copies, the verification team must compare with the originals; if the original is not available, it must be clearly stated in the delivery receipt. Information, documents and evidence provided by agencies, organizations, units and individuals must be certified by the providing agencies, organizations, units or individuals. In case the documents are old, damaged or not intact, their condition must be described clearly in the delivery receipt. In case the document is in words or in a foreign language or ethnic minority language, it must be translated into words or Vietnamese.

- The verification team must check the authenticity and evaluate the probative value of the collected information, documents and evidence on the basis of compliance with the provisions of law and principles in denunciation settlement, focusing on the information, documents and evidence provided by the denouncer to denounce the violation and the information, documents and evidence provided by the accused to explain and prove denounciation’s precision.

- Information, documents and evidence collected during the denunciation settlement process must be strictly managed and used in accordance with regulations; only provide or publish when authorized by the authorized person. In case documents and evidence cannot be immediately collected and handled, the verification team will seal documents and evidence and hand them over to agencies, organizations, units and individuals responsible for temporary preservation.

Therefore, in case the documents are old, damaged or not intact, their condition must be described clearly in the delivery receipt. In case the document is in words or in a foreign language or ethnic minority language, it must be translated into words or Vietnamese.

More details at the Circular No. 129/2020/TT-BCA issued by the Ministry of Public Security of Vietnam, takes effect from January 22, 2021.

Le Thanh

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