Reasons for rejecting explanation requests in anti-corruption in Vietnam

Reasons for rejecting explanation requests in anti-corruption in Vietnam (Internet image)

1. Conditions for accepting explanation requests in anti-corruption in Vietnam

Article 4 of Decree 59/2019/ND-CP stipulates the conditions for accepting explanation requests in anti-corruption as follows:

- The requesting party must have full legal capacity or have a legal representative in accordance with regulations and law.

- The decisions or action of the requested party must directly impact the legal rights and privileges of the requesting party.

2. Reasons for rejecting explanation requests in anti-corruption in Vietnam

Reasons for rejecting explanation requests in anti-corruption under Article 5 of Decree 59/2019/ND-CP are as follows:

- Failure to satisfy the conditions specified in Article 4 of Decree 59/2019/ND-CP.

- The contents of the explanation request are specified in Article 6 of Decree 59/2019/ND-CP, the contents have already been explained or have been taken over by the competent agencies, organizations, units or individuals except when the requesting party provides sound reasons.

- The requesting party is unable to control their behaviors due to stimulants or acting in manners that disrupt public order, intimidate or offend pride, self-esteem of the requested party.

- The authorized person or representative who lacks valid papers specified by law.

3. Contents beyond explanations in anti-corruption in Vietnam

Article 6 of Decree 59/2019/ND-CP stipulates contents beyond explanations in anti-corruption as follows:

- Secrets of the state, private lives or enterprises as specified by law.

- The directions, orders for the implementation of the tasks, civil services within the agencies, organizations or units that are not publicized, implemented or the directions and orders given by the superiors to the inferiors.

4. Rights and responsibilities of requesting party in anti-corruption in Vietnam

Rights and responsibilities of requesting party in anti-corruption under Article 8 of Decree 59/2019/ND-CP are as follows:

- The requesting party has the rights to:

+ Request for explanations by themselves or via a representative with full civil capacity;

+ Withdraw the whole or partial explanation request;

+ Receive the written representation of the explaining agencies, organizations, units or individuals;

+ Complain and/or denounce as per law.

- The requesting party has the obligations to:

+ State their full name, address or present personal papers or authorization paper;

+ Follow the procedures specified in Section 3 Chapter II of Decree 59/2019/ND-CP and other related regulations and law;

+ Make clear, truthful and supported statements regarding the contents of the explanation requests;

+ Provide information and documents regarding the contents of the explanation requests.

5. Rights and responsibilities of explaining person in Vietnam

Rights and responsibilities of explaining person under Article 9 of Decree 59/2019/ND-CP are as follows:

- The explaining person has the rights to:

+ Demand information or documents of the requesting party regarding the explanation requests

+ Instruct the requesting party to follow the procedures specified in Section 3 Chapter II of Decree 59/2019/ND-CP and other related regulations and law;

+ Reject the explanation requests for reasons specified in Article 5 of Decree 59/2019/ND-CP.

- The explaining person has the obligations to:

+ Accept the explanation requests within his/her competence;

+ Instruct the requesting party to follow the procedures specified in Section 3 Chapter II of Decree 59/2019/ND-CP and other related regulations and law;

+ Respond to the requests in accordance with the procedures and deadline specified in Decree 59/2019/ND-CP and other related regulations and law.

Quoc Dat

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