If the whistleblower withdraws the entire denunciation, the denunciation will not be accepted in Vietnam

If the whistleblower withdraws the entire denunciation, the denunciation will not be accepted in Vietnam
Đức Thảo

Below is the remarkable specified in Circular 129/2020/TT-BCA stipulating the denunciation settlement process in the People's Public Security of Vietnam.

According to Article 8 of Vietnam's Circular 129/2020/TT-BCA, in the event that a decision to accept a denunciation has not been issued but the denouncer has an application to withdraw part or all of the denunciation, the denunciation settler may either direct or assign it to an inspection agency or another agency, unit, or individual to work with the denouncer. If it is determined that the denunciation withdrawal is from the denouncer, the denunciation withdrawal is voluntary and does not fall into the case in Clause 3, Article 33 of Vietnam's Law on Denunciations. The denunciation settler shall handle as follows:

  • If the denouncer withdraws some of the denunciation content, he or she must only decide to accept the denunciation contents if the denouncer does not withdraw.
  • If the entire denunciation is withdrawn, the denunciation will be rejected.

  • In case the denouncer does not come to work, he/she shall issue a written notice of non-acceptance of part or the whole of the denunciation and send it to the address of the denouncer.

In addition, in case the denouncer withdraws his/her denunciation but there are grounds to determine that the denouncer intentionally made a false accusation in order to slander, offend or cause damage to the denounced person, the denunciation must still be resolved. If a decision is made, the denouncer must be held responsible for his/her intentionally untruthful denunciation. If he/she causes damage, he/she must pay compensation in accordance with the law in Vietnam.

More details can be found in Vietnam's Circular 129/2020/TT-BCA, effective January 22, 2021.

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