What is denunciation? How long is the time limit for settlement of denunciations in Vietnam? – Ngoc Lien (Ca Mau, Vietnam)
Article table of contents
What is denunciation? Time limit for settlement of denunciations in Vietnam (Internet image)
1. What is denunciation?
Denunciation means an individual, according to the procedures prescribed by Law on Denunciations 2018), notifying a competent organization or individual of a violation committed by any organization or individual which causes or threatens to cause damage to the State interests or legitimate rights and interests of organizations and individuals, including:
- Denunciation of violations against the law during performance of duties;
- Denunciation of violations against the law related to state management of fields;
In which:
- Denunciation of violations against the law during performance of duties means the denunciation of violations against the law during performance of duties by:
+ An official, public official or public employee; other persons assigned to perform duties;
+ A person who is no longer an official, public official or public employee but committed violations against the law during the period he/she was an official, public official or public employee; a person who is no longer assigned to perform any duty but committed violations against the law during the period he/she was assigned to perform duties;
+ An organization.
- Denunciation of violations against the law related to state management of fields means the denunciation of violations against the law related to state management of fields committed by any organization and individual with respect to the compliance with regulations of law, except for violations against the law during performance of duties.
- Denounced party means an organization or individual whose acts are denounced.
- Denunciation handler means an organization or individual that has the power to handle denunciations.
- Settlement of a denunciation means a denunciation handler accepting, verifying, giving and handling conclusions about the denunciation.
(Clause 1, 2, 3, 5, 6, 7 Article 2 of Law on Denunciations 2018)
2. Time limit for settling denunciations in Vietnam
- A denunciation shall be settled within 30 days from the date on which it is accepted.
- Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days.
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A case shall be deemed complicated if one of the following criteria is met: + The denunciation is aimed at one content that has to be verified in at least 02 locations; + The denunciation is aimed at 02 contents or more that have to be verified; + Multiple denouncers make a denunciation aimed at the same content or the denunciation contents are related to rights and interests of multiple persons; + The denunciation involves foreign elements: the denouncer lives in a foreign country or is a foreigner; the denounced violation is committed in a foreign country; and the denunciation contents have to be verified in a foreign country; + The denunciation contents are related to managerial responsibilities of multiple organizations; + Organizations and individuals involved in the process of settling denunciations still make different comments; + There are documents and evidence that are inconsistent with each other, therefore, it is necessary to inspect, verify or assess them or consult specialized agencies in Vietnam. |
- Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.
| A case shall be deemed particularly complicated if at least 02 criteria. |
- The denunciation handler shall issue an extension decision to the denouncer, denounced party and relevant organizations and individuals in Vietnam.
(Article 30 of Law on Denunciations 2018, Article 3 of Decree 31/2019/ND-CP)
Diem My
