Latest rules for determining power to settle denunciations in Vietnam

Latest rules for determining power to settle denunciations in Vietnam (Internet image)

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

1. Latest rules for determining power to settle denunciations in Vietnam

According to Article 12 of the Law on Denunciations 2018, the rules for determining power to settle denunciations in Vietnam are specified 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.

2. Power to settle denunciations of violations against law committed by state administrative agencies during performance of their duties in Vietnam

Power to settle denunciations of violations against law committed by state administrative agencies during performance of their duties according to Article 13 of the Law on Denunciations 2018 is as follows:

- The President of People’s Committee of the commune has the power to settle denunciations of violations against the law committed by public officials under his/her management during performance of their duties.

- The President of People’s Committee of the district has the power to:

+ settle denunciations of violations against the law committed by the President or Deputy President of the People’s Committee of the commune, and other officials, public officials and public employees appointed by President of the People's Committee of the district or under his/her management during performance of their duties.

+ settle denunciations of violations against the law committed by organizations under the management of the People’s Committee of the district during performance of their duties.

- The head of the specialized agency affiliated to the People's Committee of the province has the power to:

+ settle denunciations of violations against the law committed by the head or deputy head of the affiliate, and other public officials and public employees appointed by the head of the specialized agency affiliated to the People's Committee of the province or under his/her management during performance of their duties.

+ settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

- The President of People’s Committee of the province has the power to:

+ settle denunciations of violations against the law committed by the President or Deputy President of People’s Committee of the district, head or deputy head of the specialized agency affiliated to the People’s Committee of the province, and other public officials and public employees appointed by the President of People’s Committee of the province or under his/her management during performance of their duties.

+ settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

- The Director General, Director or equivalent position of a Ministry and ministerial agency that is assigned to manage officials, public officials and public officials has the power to:

+ settle denunciations of violations against the law committed by the head or deputy head of the affiliate of the General Department, Department or equivalent agency, and other public officials and public employees appointed by the Director General, Director or equivalent position of a Ministry and ministerial agency or under his/her management during performance of their duties.

+ settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

- The head of a Governmental agency has the power to:

+ settle denunciations of violations against the law committed by the head or deputy head of the affiliate of Governmental agency, and other public officials and public employees appointed by the head of the Governmental agency or under his/her management during performance of their duties.

+ settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

- The Minister or the head of a ministerial agency has the power to:

+ settle denunciations of violations against the law committed by the head or deputy head of the Governmental agency, affiliate of Ministry and ministerial agency, and other public officials and public employees appointed by the Minister or head of ministerial agency or under his/her management during performance of their duties;

+ settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

- The Prime Minister has the power to:

+ settle denunciations of violations against the law committed by Ministers, Deputy Ministers, heads or deputy heads of ministerial agencies, Governmental agencies, Presidents or Deputy Presidents of People’s Committees of provinces, and other officials, public officials and public employees appointed by the PM or under the management of the PM during performance of their duties;

+ settle denunciations of violations against the law committed by organizations under the Prime Minister’s management during performance of their duties.

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