Prohibited acts in denunciation and handling of denunciations in Vietnam

Prohibited acts in denunciation and handling of denunciations in Vietnam (Internet image)

1. Prohibited acts in denunciation and handling of denunciations in Vietnam

Prohibited acts in denunciation and handling of denunciations in Vietnam according to Article 8 of the c are as follows:

- Obstructing and harassing the denouncer.

- Settling denunciations in a negligently and unfair manner.

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

- Losing or falsifying case files during the process of settling denunciations.

- 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.

- Failure to assume or fully assume the responsibility to protect the denouncer.

- Illegally interfering with or obstructing denunciation settlement.

- Threatening, bribing, taking revenge on, victimizing or insulting the denouncer.

- Protecting the denounced party.

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

- Bribing, threatening, taking revenge on or insulting denunciation handlers.

- 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.

- Providing false information on denunciation and settlement of denunciations.

2. Rights and obligations of denouncers in Vietnam

The rights and obligations of denouncers in Vietnam according to Article 9 of the Law on Denunciations 2018 are as follows:

* A denouncer has the rights to:

- exercise his/her denunciation right as prescribed by the Law on Denunciations 2018;

- have his/her name, address, autograph and other personal information kept confidential;

- be informed of the acceptance of or failure to accept a denunciation, transfer of his/her denunciation to a competent authority or individual, extension of the time limit for settling the denunciation, termination or suspension of the process of settling the denunciation, continuation in settling the denunciation, and making of conclusions.

- keep making further denunciation if there are grounds to believe that a competent organization or individual settles the denunciation against the law or a denunciation is yet to be settled within the prescribed limit;

- withdraw his/her denunciation;

- request a competent organization or individual to adopt measures for protecting the denouncer;

- be provided with rewards or compensation for any damage he/she incurs as prescribed by law.

* A denouncer has the obligations to:

- provide personal information prescribed in Article 23 of the Law on Denunciations 2018;

- honestly present his/her denunciation; provide his/her information and documents concerning the denunciation.

- take legal responsibility for the denunciation;

- cooperate with the denunciation handler upon request;

- pay compensation for his/her deliberate issuance of untruthful denunciation.

3. Rights and obligations of the denounced party in Vietnam

The rights and obligations of the denounced party in Vietnam according to Article 10 of the Law on Denunciations 2018 are as follows:

* A denounced party has the rights to:

- be informed of the denunciation, extension of the time limit for settling the denunciation, termination or suspension of the process of settling the denunciation, continuation in settling the denunciation;

- provide explanation and evidences for untruthful denunciation;

- receive denunciation conclusions;

- have its/his/her legitimate rights and interests protected in case the denunciation handler is yet to give any conclusion about the denunciation.

- request a competent organization or individual to take actions against any person who deliberately makes an untruthful denunciation or who settles a denunciation against the law;

- have its/his/her honor, infringed legitimate rights and interests restored, receive public apologies and corrections and receive compensation for any damage caused by untruthful denunciations or improper settlement of denunciations in accordance with regulations of law.

- complain about the settlement decision issued by a competent organization or individual as prescribed by law.

* A denounced party has the obligations to:

- be present at the request of the denunciation handler;

- provide explanation for the denounced violation; provide relevant information and documents at the request of a competent organization or individual;

- strictly comply with the settlement decision according to the conclusion given by the competent organization or individual;

- pay compensation for any damages it/he/she inflicts and its/his/her violations against the law.

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