Dossier for denunciation settlement in management and execution of temporary detention and custody in Vietnam

Regulations on denunciation in management and execution of temporary detention and custody in Vietnam

Pursuant to Article 56 of the Law on temporary detention or custody 2015, the persons held in temporary detention and custody and anyone have the right to denounce the illegal acts of any competent person in management and execution of temporary detention and custody causing damages or threatening to cause damages to the interests of the State and legitimate rights and interests of bodies, organizations and individuals.

The bodies and persons having the authority in management and execution of temporary detention and custody must transfer the denunciation to the Procuracy at the same level within 24 hours after receiving it.

Dossier for denunciation settlement in management and execution of temporary detention and custody in Vietnam (Internet image)

Dossier for denunciation settlement in management and execution of temporary detention and custody in Vietnam

Pursuant to Article 59 of the Law on temporary detention or custody 2015, the denunciation settlement must be documented. The dossier for denunciation settlement includes:

- Denunciation petition or document recordding the denunciation contents;

- Decision on handling the denunciation settlement;

- Verification record, assessment result, information, documents and evidence collected during the course of settlement.

- Written explanation of the denounced person;

- Report on result of verification of denunciation contents where the person handling the denunciation assigns the others to conduct the verification;

- Conclusion of denunciation contents;

- Handling decision;

- Other relevant documents.

The pages of dossier for denunciation settlement must be numbered in order of documents. The storage and use of dossier for denunciation settlement shall comply with regulations of law and ensure no disclosure of information about the denouncer.

Rights and obligations of denouncer in management and execution of temporary detention and custody in Vietnam

Rights and obligations of denouncer in management and execution of temporary detention and custody are stipulated in Article 57 of the Law on temporary detention or custody 2015 as follows:

- The denouncer has the following rights:

+ Sends petition or directly makes denunciation to the competent body or person;

+ Requests to keep secret his/her name, address and autograph;

+ Requests to be informed of result of denunciation settlement;

+ Requests the competent bodies to protect upon being threatened or revenged.

- The denouncer has the following obligations:

+ Truthfully presents the denunciation contents;

+ Specifies full name and address;

+ Take responsibility before law for making false denunciation.

Rights and obligations of denounced persons in management and execution of temporary detention and custody in Vietnam

Rights and obligations of denounced persons in management and execution of temporary detention and custody are stipulated in Article 58 of the Law on temporary detention or custody 2015 as follows:

- The denounced persons have the following rights:

+ Being informed of the denunciation contents;

+ Show evidence to demonstrate the denunciation contents are not true;

+ Their infringed legitimate rights and interests, honor and dignity are restored and compensated due to improper denunciation;

+ Request the competent bodies, organizations or individuals to handle the persons making false denunciation.

- The denounced persons have the following obligations:

+ Explain about their acts of denunciation; provide relevant information and documents upon requirement from the competent bodies or persons;

+ Comply with the denunciation settlement decision of the competent bodies or persons;

+ Make compensation for damages and remedy consequences due to their illegal acts.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE