Regulations on settling denunciations in case they are yet to be settled after the prescribed time limit in Vietnam

Regulations on settling denunciations in case they are yet to be settled after the prescribed time limit in Vietnam (Internet image)

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

1. Time limit for settling denunciations in Vietnam

Time limit for settling denunciations in Vietnam under Clauses 1, 2, 3 and 4, Article 30 of the Law on Denunciations 2018 is as follows:

- A denunciation shall be settled within 30 days from the date on which it is accepted.

- Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days.

- Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.

- The denunciation handler shall issue an extension decision to the denouncer, denounced party and relevant organizations and individuals.

2. Regulations on settling denunciations in case they are yet to be settled after the prescribed time limit in Vietnam

Settling denunciations in case they are yet to be settled after the prescribed time limit according to Article 38 of the Law on Denunciations 2018 is as follows:

- In case a denunciation is yet to be settled after the time limit specified in Article 30 of the Law on Denunciations 2018, the denouncer has the right to submit it to the head of the supervisory organization of the denunciation handler.

- Within 05 working days from the receipt of the denunciation, the head of the supervisory organization shall request the denunciation handler in writing to submit a report on process of settling the denunciation, reasons for late settlement of denunciation and responsibilities for settling the denunciation.

- Within 05 working days from the receipt of the written request, the denunciation handler shall submit the report specified in Clause 2 of Article 38 of the Law on Denunciations 2018, keep settling the denunciation at the request of the supervisory organization and report settlement result, except in the case specified in Clause 5 of Article 38 of the Law on Denunciations 2018.

- The head of the supervisory organization shall supervise and expedite the denunciation settlement, notify the denouncer of his/her consideration and settlement of the denunciation, adopt remedial measures to take actions against the competent person that fails to settle the denunciation within the prescribed time limit within his/her power or request a competent organization/individual to do so.

- In case there are grounds to believe that the denunciation is settled in a manner that seriously violates the law and is suspected of subjectivity, the head of the supervisory organization shall directly settle the denunciation.

3.  Case files for settling denunciations in Vietnam

According to Article 39 of the Law on Denunciations 2018, the Case files for settling denunciations is as follows:

- The denunciation settlement shall be documented. According to the specific case, a case file includes:

+ A denunciation form or denunciation record; a report or record on checking of the denounced party's personal information, minute of the meeting with the denouncer on denunciation verification;

+ A denunciation acceptance decision; written assignment on denunciation verification;

+ Verification record; expertise result, information, documents and evidences collected during verification;

+ A written explanation of the denounced party; minutes of the meeting with the denounced party on the explanation;

+ A report on the denunciation verification in case the denunciation handler assigns another person to verify the denunciation;

+ A decision on suspension of denunciation settlement; decision to keep settling the denunciation;

+ A denunciation conclusion or decision on termination of denunciation settlement;

+ A settlement decision issued by the denunciation handler, written request for adoption of settlement measures by a competent organization or individual;

+ Other relevant documents.

- In the case of denunciation resettlement, a case file includes the documents specified in Clause 1 of this Article and the following documents:

+ A form used to take a denunciation further or a record on the denunciation that is taken further; written request for denunciation resettlement;

+ A denunciation resettlement conclusion;

+ A settlement decision issued by the person who resettles the denunciation;

+ Other relevant documents.

- Case files shall be numbered. Case files shall be retained and used as prescribed by law and in a manner that protects denouncers’ personal information.

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