The regulations on the rights and obligations of the whistleblower and the procedures for handling complaints have been clarified and detailed in the Law on Denunciation 2018, notably with the following new points.
Article table of contents
1. Citizens have the right to denounce former officials
The Law on Denouncement 2018 adds the subjects who can be denounced, including individuals who are no longer officials or public employees but committed violations during their tenure, and individuals who no longer perform public duties but committed violations while performing such duties.
2. The denouncer has the right to withdraw the denouncement
The denouncer has the right to withdraw all or part of the denouncement before the person handling the denouncement issues a conclusion. The withdrawal must be made in writing.
3. Simplifying the procedure for handling denouncements
The procedure for handling denouncements is simplified by abolishing the regulation “Publicizing the conclusion of the denouncement content and the decision to handle the denounced violation”. As such, the procedure will be carried out in the following steps:
- Accepting the denouncement;- Verifying the denouncement content;- Concluding the denouncement content;- Handling the conclusion of the denouncement content by the person handling the denouncement.
4. Reducing the time limit for handling denouncements to 30 days
The time limit for handling denouncements has been reduced from 60 days to 30 days. For complicated cases, the extension is allowed only once and not more than 30 days; for particularly complicated cases, the handling time can be extended twice, each time not more than 30 days.
5. A report on the verification result of the denouncement content must be provided
At the end of the verification of the denouncement content, the person assigned for verification must make a written report to the person handling the denouncement about the verification result and recommend handling measures.
6. Sending denouncements to the Prime Minister must go through the Chief Inspector of the Government of Vietnam
Clause 2, Article 32 of The Law on Denouncement 2018 stipulates that the Chief Inspector of the Government of Vietnam is responsible for the reception, classification, and proposal for handling denouncements under the Prime Minister's jurisdiction.
7. Specifying the time limit for sending the conclusion of the denouncement content
No later than 5 working days from the issuance of the conclusion, the person handling the denouncement must send the conclusion to the denounced individual, the managing agency, organization of the denounced person, and related agencies, organizations, or individuals.
This is based on Clause 3, Article 35.
8. Issuing the result of the denouncement handling within 7 days from the conclusion day
The time limit for handling the denouncement conclusion is stipulated in Clause 1 and Clause 2, Article 36 of the Law on Denouncement 2018.
- No later than 7 working days from the issuance of the conclusion, the person handling the denouncement shall proceed with the handling based on the conclusion;- Within 5 working days from the result of the handling, the competent agency, organization, or individual must handle the recommendations in the conclusion.
9. Extending the time for handling continued denouncements by an additional 10 days
Clause 2, Article 37 stipulates extending the time limit for handling continued denouncements from 10 days to 20 days from the date of receiving the continued denouncement. During this period, the head of the direct superior agency or organization of the person who previously handled the denouncement must review the dossier of the previously handled denouncement.
10. Publicizing the content of the denouncement conclusion within 7 days
Within 7 working days from the issuance of the denouncement conclusion and decision to handle the denounced violation, the person handling the denouncement is responsible for publicizing the denouncement conclusion. The person with the authority to handle disciplinary actions or administrative fines is responsible for publicizing the decision to handle the denounced violation.
11. No protective measures for denouncers at their residence
According to the new regulations in Section 3, Chapter VI of The Law on Denouncement 2018, the following protective measures are available for denouncers:
- Measures to protect confidential information;- Measures to protect the employment position and job;- Measures to protect their life, health, property, honor, and dignity.
The Law on Denouncement 2018 takes effect from January 1, 2019, replacing The Law on Denouncement 2011.
