What is Denunciation?

According to the provisions of the Law on Denunciations 2011, denunciation is when a citizen, following regulated procedures, informs the competent authority, organization, or individual about the illegal actions of any agency, organization, or individual that cause or threaten to cause damage to the interests of the State, and the lawful rights and interests of citizens, agencies, and organizations.

Citizens, whether directly affected or not by illegal actions, have the right to make denunciations when they become aware of such actions occurring in social life. The purpose of the denunciation activity is to handle the violating actions and individuals, ensure the rights and legal interests of the entities believed to be harmed, and protect social order and safety.

When citizens exercise their right to denounce, certain legal relationships arise, such as:

- The denouncer is the citizen exercising the right to denounce. This entity must ensure honesty and bear responsibility for the information they provide. If the denouncer intentionally provides false information, they may be subject to criminal liability for the crime of slander as prescribed in Article 122 of the Criminal Code 1999.- The denounced is the agency, organization, or individual whose actions are denounced; this is the person believed to have committed illegal actions causing or threatening to cause damage to the interests of the State, lawful rights, and interests of citizens, agencies, and organizations.- The denouncement handler is the agency, organization, or individual with authority to handle the denunciation through activities: receiving, verifying, concluding on the contents of the denunciation, and processing the denunciation.

For more on the rights and obligations of the denouncer, the denounced, and the denouncement handler, see Chapter 2 of the Law on Denunciations 2011.

The content of denunciations is diverse and rich, such as denunciations about illegal activities of officials in the state apparatus while performing duties, denunciations about violations in the management work of agencies, including state administrative management agencies. In addition, citizens can denounce violations of ethics and lifestyle by officials. However, when exercising the right to denounce, citizens may face certain risks such as being assaulted, threatened, oppressed, or retaliated against. Thus, citizens have the right to request protection from competent authorities, organizations, or individuals. Furthermore, when exercising the right to denounce, citizens are also rewarded as regulated in Decree 76/2012/ND-CP.

The right to denounce reflects the sovereign rights of the citizens in the management, construction, and consolidation of the state apparatus. Denunciation ensures the execution and protection of other lawful rights and interests of citizens, the interests of the State, and social interests. Denunciation activities can reflect the state of legality in state administrative management, contributing to strengthening the relationship between the state and its citizens.

Related documents:

Decree 91/2013/ND-CP on denunciation resolution in the people's police

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