Grounds for suspension and termination of denunciation settlement in Vietnam

Grounds for suspension and termination of denunciation settlement in Vietnam (Internet image)

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

1. Grounds for suspension and termination of denunciation settlement in Vietnam

Grounds for suspension and termination of denunciation settlement in Vietnam under Article 34 of the Law on Denunciations 2018 are as follows:

- A denunciation handler may issue a decision on suspension of denunciation settlement on one of the following grounds:

+ The result of settlement by other organizations/individuals or settlement of other relevant cases needs to be waited for;

+ The result of additional expertise or re-expertise needs to be waited for.

- When the grounds for suspension of denunciation settlement are no longer reasonable, the denunciation handler shall immediately issue a decision to keep settling the denunciation.

The time limit for suspension of denunciation settlement shall not be included in the time limit for denunciation settlement.

- A denunciation handler may issue a decision on termination of denunciation settlement on one of the following grounds:

+ The denouncer totally withdraws the denunciation, except in the case specified in Clause 3 Article 33 of the Law on Denunciations 2018;

+ The denounced party is an individual who is dead and the denunciation is only related to the denounce party’s responsibilities.

+ The case has been settled under an effective judgment or an effective judicial decision or an effective decision issued by a competent organization/individual.

- The decision on suspension/termination of denunciation settlement shall specify reasons and responsibilities of relevant organizations and individuals and be sent to the denouncer and denounced party within 05 working days from the issuance date.

2. Regulations on giving conclusions about denunciations in Vietnam

Regulations on giving conclusions about denunciations in Vietnam under Article 35 of the Law on Denunciations 2018 are as follows:

- According to the denunciation and explanation provided by the denounced party, result of denunciation verification and relevant documents and evidences, the denunciation handler shall issue a denunciation conclusion.

- A denunciation conclusion shall contain at least:

+ Result of denunciation verification;

+ Legal grounds for determining whether there is a violation against the law.

+ Conclusion that the denunciation is correct, partially correct or untruthful; responsibilities of each organization/individual for the denunciation;

+ Remedial measures to be taken; request for application of measures for taking actions against violators by other organizations and individuals;

+ Request for amendments to policies and laws and implementation of necessary measures for protecting the State interests and legitimate rights and interests of organizations and individuals by a competent authority.

- Within 05 working days from the issuance date of the denunciation conclusion, the denunciation handler shall send it to the denounced party, organization that manages the denounced party and relevant organizations and individuals, and the denouncer.

3. Guidance on Handling denunciation conclusions issued by denunciation handlers in Vietnam

Handling denunciation conclusions issued by denunciation handlers according to Article 36 of the Law on Denunciations 2018 is as follows:

- Within 07 working days from the issuance date of the denunciation conclusion, the denunciation handler shall, according to the denunciation conclusion, handle it as follows:

+ In case it is concluded that the denounced party does not commit any violation against the law during performance of the denounced party’s duties:

The denunciation handler shall restore the denounced party’s legitimate rights and interests that are infringed by the untruthful denunciation and take actions against the person who deliberately makes untruthful denunciation within its/his/her power or request a competent organization/individual to do so;

+ In case it is concluded that the denounced party commits a violation against the law during its/his/her performance of duties, the denunciation handler shall take actions against such denounced party within its/his/her power or request a competent organization/individual to do so;

- In case the denounced party’s violation is suspected of a crime, the denunciation handler shall immediately transfer the case file to a competent investigating authority or competent People’s Procuracy.

-Within 05 working days from the date on which the result of handling of the denunciation conclusion is available, the organization/individual specified in Clauses 1 and 2 of Article 36 of the Law on Denunciations 2018 shall send a written notice of result of handling of the denunciation conclusion to the denunciation handler.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE