Vietnam: Process of receiving denunciations and checking the conditions for denunciations

According to Article 9 of the Circular No. 129/2020/TT-BCA issued by the Ministry of Public Security of Vietnam, the process of receiving denunciations and checking the conditions for denunciations is as following:

- When receiving denunciation contents within their competence, within 07 working days, the denunciation settler must personally or hand over documents to a competent agency, unit or individual to examine and verify the denunciator’s full name and address; work directly with the denunciator and other agencies, organizations and individuals (if necessary) to determine the conditions for accepting the denunciation as prescribed in Article 29 of the Law on Denunciation of Vietnam; in case the inspection and verification is required at several locations or the competent agencies or organizations must be authorized to inspect and verify, the time limit for inspection may be extended but must not exceed 10 working days. The authorization of inspection and verification shall comply with the provisions of Article 19 of this Circular.

- If the denunciation is not eligible for acceptance, the denunciation settler shall not accept it and immediately notify in writing according to the prescribed form to the denunciator of the reasons for not accepting the denunciation; in case the inspection and verification of the contents specified in Clause 1 of this Article is assigned to a competent agency, unit or individual, that agency, unit or individual shall make a report and propose it to the settler.

- In case the denunciator cannot be identified or he/she uses another one’s full name to make a denunciation, or the denunciation is not eligible for acceptance transferred by a competent press agency, agency, organization or individual, the denunciation settler shall handle according to the provisions of Article 7 of this Circular and Clause 2 Article 26 of the Law on Denunciation of Vietnam.

- If the denunciation is eligible for acceptance, the denunciation settler shall issue a decision to accept the denunciation, and the competent agency, unit or individual inspect and verify the contents specified in Clause 1 of this Article shall report, propose, and submit the denunciation settler to issue a decision on acceptance of the denunciation.

- Where the denounced act is causing damage or threatening to cause damage to the interests of the State, the lawful rights and interests of agencies or organizations, life, health, property, the honor, dignity, rights and other legitimate interests of individuals, the person competent to settle denunciations must personally or assign a competent agency, unit or individual to immediately apply necessary measures to promptly prevent violations.

Circular No. 129/2020/TT-BCA issued by the Ministry of Public Security of Vietnam effective from January 22, 2021.

Le Thanh

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