13 prohibited acts in denunciation and denunciation settlement in Vietnam

13 prohibited acts in denunciation and denunciation settlement in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is denunciation?

Denunciation means an individual, according to the procedures prescribed by the 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;

(Clause 1, Article 2 of the Law on Denunciations 2018)

2. 13 prohibited acts in denunciation and denunciation settlement in Vietnam

According to Article 8 of the Law on Denunciations 2018, individuals and organizations are strictly prohibited from performing the following acts in denunciation and denunciation settlement:

(1) Obstructing and harassing the denouncer.

(2) Settling denunciations in a negligently and unfair manner.

(3) Disclosing the denouncer’s name, address and autograph or other information which may reveal his/her identity.

(4) Losing or falsifying case files during the process of settling denunciations.

(5) Failing to settle denunciations or deliberately settling denunciations against the law; abusing positions or power to settle denunciations to commit illegal acts or harass denouncing parties and denounced parties.

(6) Failure to assume or fully assume the responsibility to protect the denouncer.

(7) Illegally interfering with or obstructing denunciation settlement.

(8)Threatening, bribing, taking revenge on, victimizing or insulting the denouncer.

(9) Protecting the denounced party.

(10) Deliberately making untruthful denunciations; forcing, persuading, inciting, counseling and bribing another to make untruthful denunciations; using another person’s name to make denunciations.

(11) Bribing, threatening, taking revenge on or insulting denunciation handlers.

(12) Misusing the denunciation right to oppose or infringe upon the interests of the State; disturbing security and public order; distorting, slandering or harming another person's honor, reputation and dignity.

(13) Providing false information on denunciation and settlement of denunciations.

3. Rules for determining power to settle denunciation in Vietnam

Specifically, Article 12 of the Law on Denunciations 2018 stipulates the principles of determining the competence to settle denunciations as follows:

- A denunciation of violations against law committed by an official, public official or public employee during performance of his/her duties shall be settled by the head of the organization that has the power to manage such official, public official or public employee.

A denunciation of violations against law committed by the head or deputy head of an organization during performance of his/her duties shall be settled by the head of its supervisory organization.

- A denunciation of violations against law committed by an official, public official or public employee under the management of multiple organizations during performance of his/her duties shall be settled by the head of the organization that manages the denounced official, public official or public employee in cooperation with the heads of relevant organizations.

- In case a denunciation of violations against law committed by an official, public official or public employee during performance of his/her duties is made when he/she was previously an official, public official or public employee and he/she has been reassigned to another organization or is no longer an official, public official or public employee, such denunciation shall be settled as follows:

= In case the denounced party that is the head or deputy head has been reassigned to another organization but still holds a similar position, the denunciation shall be settled by the head of the previous supervisory organization in cooperation with the head of the current supervisory organization;

= In case the denounced party has been reassigned to another organization and hold a higher position, the denunciation shall be settled by the head of the current supervisory organization in cooperation with the previous supervisory organization.

In case the denounced party has been reassigned to another organization and is the head or deputy head of such organization, the denunciation shall be settled by the head of the current supervisory organization in cooperation with the previous supervisory organization;

= In case the denounced party has been reassigned to another organization and is not the case specified in Points and b of this Clause, the denunciation shall be settled by the head of the previous supervisory organization in cooperation with the head of the current supervisory organization;

= In case the denounced party is no longer an official, public official or public employee, the denunciation shall be settled by the head of the previous supervisory organization in cooperation with the heads of relevant organizations.

- A denunciation of the official, public official or public employee of the organization that has been consolidated, merged, fully divided or partially divided shall be settled by the head of such organization in cooperation with the heads of relevant organizations.

- A denunciation of the official, public official or public employee of the organization that has been dissolved shall be settled by the head of the organization before the dissolution.

- A denunciation of violations against law committed by an organization during its performance of duties shall be settled by the head of its supervisory organization.

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