What is a denunciation? Procedures for receiving denunciations in Vietnam

What is a denunciation? Procedures for receiving denunciations in Vietnam (Source: Internet)

1. What is a denunciation?

According to Clause 1, Article 144 of the Criminal Procedure Code 2015, denunciation refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities.

2. Responsibilities and authority to receive and process denunciations in Vietnam

Responsibilities and authority to receive and process denunciations under Article 145 of the Criminal Procedure Code 2015 are as follows:

- All denunciations, information and charge requests must be fully acquired and processed in timely manner. The authorities shall be responsible for receiving and not rejecting denunciations, information and requisitions.

- The authorities responsible for receiving denunciations, criminal information disclosed and requisitions for charges shall include:

+ Investigation authorities and procuracies that obtain denunciations, information and requisitions;

+ Other authorities that take in denunciations and criminal information disclosed.

- The authority to handle denunciations, information and charge requests is given to:

+ Investigation authorities processing intra vires denunciations, information and requisitions;

+ Units assigned to investigate process denunciations and criminal information disclosed within its powers;

+ The procuracy processes denunciations, information and charge requests when investigation authorities or units assigned to performed certain activities of investigation are found to commit serious violations of the laws during their inspection and verification of denunciations, criminal information disclosed, requisitions for charges or omission of crimes. Furthermore, such issues have not been settled despite the Procuracy’s written requests.

- The authorities empowered to process denunciations, information and charge requests are responsible for informing authorities and entities making denunciations, disclosing criminal information and requisitioning for charges of the results of the former's tasks.

3. Procedures for receiving denunciations in Vietnam

Procedures for receiving denunciations in Vietnam under Article 146 of the Criminal Procedure Code 2015 (amended 2021) are as follows:

- When authorities and entities make direct denunciations, disclose criminal information and requisition for charges, investigation authorities, procuracies and units assigned to investigate are authorized as per Section 2, Article 145 of Criminal Procedure Code 2015 to execute written records of receipt and enter data into a receipt journal. The acquisition of such information may be recorded by sound or sound-and-visual means.

If denunciations, criminal information and requisitions for charges are delivered by post, by telephone or by other means of communication, entries shall be made into a receipt journal.

- Investigation authorities and units assigned to investigate, if considering certain denunciations, criminal information disclosed and requisitions for charges ultra vires, shall be held responsible for transferring such information and relevant documents to a competent investigation authority in prompt manner.

The procuracy is responsible for promptly transferring denunciations, information and charge requests and relevant documents to a competent investigation authority.

In the events as defined in Point c, Section 3, Article 145 of Criminal Procedure Code 2015, competent authorities processing denunciations, information and charge requests shall, in 05 days upon the Procuracy’s requests, transfer relevant documents to The procuracy for consideration and settlement.

- Ward police units, town police units and police stations shall be responsible for receiving denunciations and criminal information disclosed, making written records of receipt and conducting preliminary verification of such information before promptly transferring such information and relevant documents and items to competent investigation authorities.

Ward police units shall be responsible for acquiring denunciations and criminal information disclosed, making written records of receipt, taking preliminary statements and transferring such information and relevant documents and items to competent investigation authorities.

- Other authorities and organizations, upon obtaining denunciations and criminal information disclosed, shall transfer such information to competent investigation authorities. In emergency events, information may be given to investigation authorities by phone or other forms of communication. However, such information must subsequently be documented.

- Investigation authorities and units assigned to investigate, in 03 days upon receiving denunciations, information and requisitions, shall be held responsible for informing the equivalent Procuracy or competent Procuracy of their receipt of information in writing.

Quoc Dat

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