What is the time limit for settling denunciations in Vietnam?

What is denunciation?

Pursuant to the provisions of the Law on Denunciations 2018, denunciation means an individual, according to the procedures prescribed by the Law on Denunciations 2018, notifying a competent organization or individual of a violation committed by any organization or individual which causes or threatens to cause damage to the State interests or legitimate rights and interests of organizations and individuals, including:

- Denunciation of violations against the law during performance of duties;

Denunciation of violations against the law during performance of duties” means the denunciation of violations against the law during performance of duties by:

+ An official, public official or public employee; other persons assigned to perform duties;

+ A person who is no longer an official, public official or public employee but committed violations against the law during the period he/she was an official, public official or public employee; a person who is no longer assigned to perform any duty but committed violations against the law during the period he/she was assigned to perform duties;

+ An organization.

- Denunciation of violations against the law related to state management of fields;

Means the denunciation of violations against the law related to state management of fields committed by any organization and individual with respect to the compliance with regulations of law, except for violations against the law during performance of duties.

What is the time limit for settling denunciations in Vietnam? (Internet image)

What is the time limit for settling denunciations in Vietnam?

Pursuant to Article 30 of the Law on Denunciations 2018, the time limit for settling denunciations is specified 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.

In particular, according to the guidance in Article 3 of Decree 31/2019/ND-CP, a case shall be deemed complicated if one of the following criteria is met:

- The denunciation is aimed at one content that has to be verified in at least 02 locations;

- The denunciation is aimed at 02 contents or more that have to be verified;

- Multiple denouncers make a denunciation aimed at the same content or the denunciation contents are related to rights and interests of multiple persons;

- The denunciation involves foreign elements: the denouncer lives in a foreign country or is a foreigner; the denounced violation is committed in a foreign country; and the denunciation contents have to be verified in a foreign country;

- The denunciation contents are related to managerial responsibilities of multiple organizations;

- Organizations and individuals involved in the process of settling denunciations still make different comments;

- There are documents and evidence that are inconsistent with each other, therefore, it is necessary to inspect, verify or assess them or consult specialized agencies.

A case shall be deemed particularly complicated if at least 02 criteria specified above.

The extension of the time limit for settling a denunciation shall be made through a denunciation handler’s decision issued to relevant organizations and individuals as prescribed in Clause 4 Article 30 of the Law on Denunciations 2018. 

Mai Thanh Loi

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