Vietnam: How is the right to withdraw a denunciation regulated?

According to Article 8 of the Circular No. 129/2020/TT-BCA of the Ministry of Public Security of Vietnam, withdrawal of denunciation is specified as follows:

- If the denunciation-handling decision has not yet been issued but the denouncer requests to withdraw part or all of the denunciation, the denunciation settler shall directly or assign an inspection agency or other agency, unit or individual to work with the denouncer. If it is determined that the denunciation withdrawal is from the denouncer, the denunciation withdrawal is voluntary and does not fall into one of the cases specified in Clause 3 Article 33 of the Law on Denunciation 2018 of Vietnam, the denunciation settler shall handle as follows:

+ In case the denouncer withdraws part of the denunciation content, he/she shall only decide to accept the denunciation contents which the denouncer does not withdraw;

+ In case the whole denunciation is withdrawn, the denunciation shall not be accepted;

+ In case the denouncer does not come to work, he/she shall issue a written notice of non-acceptance of part or the whole of the denunciation and send it to the address of the denouncer.

- In case the denouncer withdraws the denunciation but there are grounds to determine that the denouncer intentionally made false accusations in order to slander, offend or cause damage to the denounced, the denunciation must still be settled, the denouncer must be responsible for the act of intentionally making false denunciations, if causing damage, he/she must compensate in accordance with law.

In case the denouncer withdraws the denunciation but the denunciation settler considers that the denounced act shows signs of law violation or has grounds to determine that the denunciation withdrawal is due to intimidation or bribery, the denunciation case still have to be resolved. Denunciation settlers apply measures according to their competence or request competent agencies, units, organizations and individuals to apply measures to protect denouncers as prescribed; handle people who threaten or bribe the denouncers.

- Denouncers withdrawing their denunciations not falling into the cases specified in Clause 1 and 2 of this Article shall comply with the provisions of Clause 1 and 2 Article 33 of the Law on Denunciation 2018 of Vietnam.

Compared with the previous regulation, the Circular No. 12/2015/TT-BCA stipulates the denunciation settlement process in the People's Police without mentioning the scope of denunciation withdrawal (withdrawal of part or the whole of the denunciation). It can be seen that the regulation on the withdrawal of denunciations in Circular No. 129/2020/TT-BCA are now clearer and more specific.

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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