Vietnam: Summary of rights and obligations under Law on Denunciations

Vietnam: Summary of rights and obligations under Law on Denunciations (Internet image)

1. Rights and obligations of denouncers in Vietnam

Article 9 of the Law on Denunciations 2018 stipulates the rights and obligations of denouncers as follows:

1.1. Rights of denouncers in Vietnam

- A denouncer has the rights to:

+ Exercise his/her denunciation right as prescribed by this Law;

+ Have his/her name, address, autograph and other personal information kept confidential;

+ Be informed of the acceptance of or failure to accept a denunciation, transfer of his/her denunciation to a competent authority or individual, extension of the time limit for settling the denunciation, termination or suspension of the process of settling the denunciation, continuation in settling the denunciation, and making of conclusions.

+ Keep making further denunciation if there are grounds to believe that a competent organization or individual settles the denunciation against the law or a denunciation is yet to be settled within the prescribed limit;

+ Withdraw his/her denunciation;

+ Request a competent organization or individual to adopt measures for protecting the denouncer;

+ Be provided with rewards or compensation for any damage he/she incurs as prescribed by law.

2.2. Obligations of denouncers in Vietnam

- A denouncer has the obligations to:

+ Provide personal information prescribed in Article 23 of the Law on Denunciations 2018;

+ Honestly present his/her denunciation; provide his/her information and documents concerning the denunciation.

+ Take legal responsibility for the denunciation;

+ Cooperate with the denunciation handler upon request;

+ Pay compensation for his/her deliberate issuance of untruthful denunciation.

2. Rights and obligations of the denounced party in Vietnam

Article 10 of the Law on Denunciations 2018 stipulates the rights and obligations of the denounced party as follows:

2.1. Rights of the denounced party in Vietnam

- A denounced party has the rights to:

+ Be informed of the denunciation, extension of the time limit for settling the denunciation, termination or suspension of the process of settling the denunciation, continuation in settling the denunciation;

+ Provide explanation and evidences for untruthful denunciation;

+ Receive denunciation conclusions;

+ Have its/his/her legitimate rights and interests protected in case the denunciation handler is yet to give any conclusion about the denunciation.

+ Request a competent organization or individual to take actions against any person who deliberately makes an untruthful denunciation or who settles a denunciation against the law;

+ Have its/his/her honor, infringed legitimate rights and interests restored, receive public apologies and corrections and receive compensation for any damage caused by untruthful denunciations or improper settlement of denunciations in accordance with regulations of law.

+ Complain about the settlement decision issued by a competent organization or individual as prescribed by law.

2.2 Obligations of the denounced party in vietnam

- A denounced party has the obligations to:

+ Be present at the request of the denunciation handler;

+ Provide explanation for the denounced violation; provide relevant information and documents at the request of a competent organization or individual;

+ Strictly comply with the settlement decision according to the conclusion given by the competent organization or individual;

+ Pay compensation for any damages it/he/she inflicts and its/his/her violations against the law.

3. Rights and obligations of denunciation handlers in Vietnam

Article 10 of the Law on Denunciations 2018 stipulates the rights and obligations of denunciation handlers as follows:

3.1. Rights of denunciation handlers in Vietnam

A denunciation handler has the rights to:

- Request the denouncer to be present and provide his/her information and documents concerning the denunciation;

- Request the denounced party to be present and provide explanation for the denounced violation; provide information and documents concerning the denunciation;

- Request other organizations and individuals to provide their information and documents concerning the denunciation;

- Adopt necessary measures to verify and collect information and documents that will be used as the basis for settling denunciations in accordance with regulations of this law and relevant regulations of law; adopt or request competent organizations and individuals to adopt measures as prescribed by law to prevent or stop the denounced violation;

- Give a conclusion about the denunciation;

- Handle the denunciation conclusion within its/his/her power as prescribed by law or request a competent organization or individual to do so.

3.2. Obligations of denunciation handlers in Vietnam

Denunciation settlers have the following obligations:

- Ensure objectiveness, truthfulness and lawfulness upon denunciation settlement;

- Adopt necessary measures to protect the denouncer within its/his/her power or request a competent authority to do so;

- Do not disclose information about denunciation settlement; protect legitimate rights and interests of the denounced party in case no conclusion is given.

- Notify the denouncer of the acceptance of or failure to accept the denunciation, transfer of the denunciation to a competent authority or individual, extension of the time limit for settling the denunciation, termination or suspension of the process of settling the denunciation, continuation in settling denunciations, and making of conclusions.

- Notify the denounced party of the denunciation, extension of the time limit for settling the denunciation, termination or suspension of the process of settling the denunciation, continuation in settling the denunciation; send the denunciation conclusion to the denounce party;

- Take legal responsibility for its/his/her denunciation settlement;

- Pay compensation for any damages and its/his/her unlawful denunciation settlement.

Ngoc Nhi

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