Luật 03/2011/QH13

Law No. 03/2011/QH13 of November 11, 2011, on Denunciations

Nội dung toàn văn Law No. 03/2011/QH13 on denunciations


THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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Law No. 03/2011/QH13

Hanoi, November 11, 2011

 

LAW

ON DENUNCIATIONS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under the Resolution No. 51/2011/QH10;

The National Assembly promulgates the Law on Denunciations,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Law provides for denunciations and settlement of denunciations of violations committed by cadres, civil servants or public employees while performing their tasks or official duties; denunciations and settlement of denunciations of violations committed by agencies, organizations or individuals relating to the state management in fields; protection of denunciators and management of denunciation settlement work.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Denunciation means that a citizen, according to the procedures specified by this Law, notifies a competent agency, organization or person of a violation committed by any agency, organization or person which cause damages or threatens to cause damage to the State interests or rights and legitimate interests of citizens, agencies or organizations.

2. Denunciation of violations committed by cadres, civil servants or public employees while performing tasks or official duties means that a citizen notifies a competent agency, organization or person of violations committed by cadres, civil servants and public employees while performing their tasks or official duties.

3. Denunciation of violations on the state management in fields means that a citizen notifies a competent state management agency of violations committed by any agency, organization or person in observance of law on the state management in fields.

4. Denunciator means a citizen who exercises the denunciation right.

5. The denounced subject means an agency, organization or person that has committed a denounced act.

6. Denunciation solver means an agency or organization or person that has competence to solve a denunciation.

7. Settlement of denunciation includes the receipt, verification and making of conclusions on denunciation contents and the handling of a denunciation by a denunciation solver.

Article 3. Application of the law on denunciations and settlement of denunciations

1. Denunciations of foreigners residing in Vietnam and settlement of denunciations of violations committed by foreign agencies, organizations or individuals in Vietnam comply with this Law, unless otherwise provided for by treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The denunciation of and reporting on crimes comply with the law on criminal procedure.

3. In case another law otherwise provides for denunciations and settlement of denunciations, such law will prevail.

Article 4. Principles of settlement of denunciations

Denunciations must be settled in a timely, accurate and objective manner according to the law-prescribed competence, order, procedures and time limit; assuring safety for denunciators; protecting the rights and legitimate interests of the denounced subject in the process of denunciation settlement.

Article 5. Responsibilities of competent agencies, organizations and persons in receiving and settling denunciations

1. Competent agencies, organizations and persons shall, within the scope of their tasks and powers, receive denunciators, receive and settle denunciations in accordance with law; strictly handle offenders; apply necessary measures to prevent damages possible happen and assure for denunciators to be safe in life, health, assets, honor, dignity, prestige, employment, secret of denunciators; assure that decisions handling denounced violations are strictly executed and take responsibility before law for their decisions.

2. Agencies, organizations and persons competent to settle denunciations shall arrange citizen reception offices or places to receive denunciations, complaints, recommendations and reports. The reception of citizens at citizen reception offices or places complies with the Law on Complaints and other relevant laws.

3. Agencies, organizations and persons who are responsible for receiving and settling denunciations but fail to receive and settle them in accordance with this Law, show irresponsibility in receiving and settling denunciations or intentionally settle denunciations at variance with law shall be strictly handled; if causing damage, they shall pay compensations in accordance with law.

Article 6. Responsibilities of agencies and organizations for coordination in denunciation settlement

Concerned agencies and organizations shall, within the scope of their tasks and powers, coordinate with competent agencies, organizations and persons in settling denunciations. Agencies, organizations and persons that are managing or preserving information and documents relating to a denunciation shall fully and promptly provide such information and documents at the request of person competent to settle such denunciation within 07 days after receiving the request; if failing to provide such information and documents or providing them insufficiently or late, they shall, depending on the nature and seriousness of their violations, be handled in accordance with law.

Article 7. Compliance with decisions on handling of denounced violations

Decisions on handling of denounced violations issued by competent agencies, organizations and persons must be respected by other agencies, organizations and persons and be complied with by concerned agencies, organizations and persons. Those who are responsible for complying with decisions on handling of denounced violations but fail to do so shall be strictly handled in accordance with law.

Article 8. Prohibited acts

1. Causing difficulties or troubles to the exercise of the denunciation right of citizens.

2. Showing irresponsibility in denunciation settlement.

3. Disclosing denunciators' names, addresses, autographs or other information which may reveal denunciators' names.

4. Falsifying case files in the course of denunciation settlement.

5. Failing to settle denunciations or intentionally settling denunciations at variance with law; misusing positions and powers in settling denunciations to commit violations, harass or cause troubles to the denounced subject.

6. Failing to execute or improperly executing the responsibility for protecting denunciators.

7. Illegally obstructing or intervening in denunciation settlement.

8. Obstructing the exercise of the denunciation right; intimidating, taking revenge on, repressing or offending denunciators.

9. Covering up the denounced subject.

10. Intentionally making untruthful denunciations; provoking, forcing, inducing or buying off others to make untruthful denunciations; implement impersonation to make denunciations.

11. Buying off or giving bribes to denunciation solvers; intimidating, taking revenge on or offending denunciation solvers.

12. Misusing denunciations to carry out propaganda against the State or infringe upon the State's interests; distorting, slandering, disturbing security and order or offending others' honor, dignity and prestige.

13. Reporting untrue information on denunciations and settlement of denunciations.

14. Violating other provisions of the law on denunciations and settlement of denunciations.

Chapter 2

RIGHTS AND OBLIGATIONS OF DENUNCIATORS, THE DENOUNCED SUBJECT, AND DENUNCIATION SOLVERS

Article 9. Rights and obligations of denunciators

1. A denunciator has the following rights:

a/ To file a written denunciation or make verbal denunciation to competent agencies, organizations or persons as prescribed by law;

b/ To have his/her full name, address, autograph and other personal information kept confidential;

c/ To request competent agencies, organizations and persons to inform him/her of the acceptance to solve denunciation or transfer of his/her denunciation case to competent agencies for settlement and of denunciation settlement results;

d/ To further make denunciation if having grounds to believe that his/her denunciation is settled by competent agencies, organizations or persons not in accordance with law or his/her denunciation is not settled although the statutory time limit has expired;

dd/ To request competent agencies, organizations or persons to protect him/her if being intimidated, taken revenge on or repressed;

e/ To be commended and rewarded in accordance with law.

2. A denunciator has the following obligations:

a/ To clearly state his/her full name and address;

b/ To honestly present denunciation contents; to provide information and documents that he/she obtains relating to denunciation contents;

c/ To take responsibility before law for denunciation contents;

d/ To pay compensations for damage caused by his/her act of intentionally making untruthful denunciation.

Article 10. Rights and obligations of the denounced subject

1. A denounced subject has the following rights:

a/ To be notified on denunciation contents;

b/ To show evidences to prove that denunciation contents are not true;

c/ To receive written conclusions on denunciation contents;

d/ To request competent agencies, organizations and persons to handle those who intentionally make untruthful denunciations and those who intentionally settle denunciations at variance with law;

e/ To be restored  its/his/her infringed rights and legitimate interests, receive public apologies and corrections and be paid compensation for damages caused by untruthful denunciations or improper settlement of denunciations.

2. A denounced subject has the following obligations:

a/ To explain in writing about the denounced act; to provide relevant information and documents at the request of competent agencies, organizations and persons;

b/ To strictly comply with handling decisions of competent agencies, organizations and persons;

c/ To pay compensations for damage caused by its/his/her illegal act.

Article 11. Rights and obligations of denunciation solvers

1. A denunciation solver has the following rights:

a/ To request the denunciator to provide information and documents relating to denunciation contents;

b/ To request the denounced subject to give written explanations about the denounced act;

c/ To request other agencies, organizations and persons to provide information and documents relating to denunciation contents;

d/ To conduct measures to inspect, verify and collect evidences for denunciation settlement in accordance with law; to apply measures according to its/his/her competence to prevent or stop violations;

dd/ To make conclusions on denunciation contents;

e/ To decide handling according to its/his/her competence or propose a competent agency, organization or person to handle in accordance with law.

2. A denunciation solver has the following obligations:

a/ To assure objectiveness, honesty and lawfulness in denunciation settlement;

b/ To apply necessary measures according to its/his/her competence or request functional agencies to apply measures to protect the denunciator and his/her relatives and providers of information related to the denunciation;

c/ Not to disclose information that can place the denounced subject at a disadvantage pending conclusions on denunciation contents;

d/ To take responsibility before law for denunciation settlement;

e/ To pay compensations for damage caused by its/his/her unlawful denunciation settlement.

Chapter 3

SETTLEMENT OF DENUNCIATIONS OF VIOLATIONS COMMITTED BY CADRES, CIVIL SERVANTS AND PUBLIC EMPLOYEES WHILE PERFORMING TASKS OR OFFICIAL DUTIES

SECTION 1: COMPETENCE OF DENUNCIATION SETTLEMENT

Article 12. Principles of determining competence

1. A denunciation of violations committed by a cadre, civil servant or public employee while performing his/her tasks or official duties shall be settled by the head of the agency or organization managing such cadre, civil servant or public employee.

A denunciation of violations committed by the head of an agency or organization or his/her deputies  while performing his/her tasks or official duties shall be settled by the head of direct superior agency or organization of such agency or organization.

2. A denunciation of violations committed by a cadre, civil servant or public employee managed by many agencies or organizations while performing his/her tasks or official duties shall be settled by the head of the agency or organization directly managing such cadre, civil servant or public employee in coordination with related agencies and organizations.

3. A denunciation of violations committed by a cadre, civil servant or public employee while performing his/her tasks or official duties which shows signs of crime shall be settled by a proceeding agency in accordance with the law on criminal procedure.

Article 13. Competence to settle denunciations of violations committed by cadres and civil servants while performing their tasks or official duties in state administrative agencies

1. Chairpersons of People's Committees of communes, wards or townships (hereinafter referred to as commune-level People's Committees) have competence to settle denunciations of violations committed by cadres and civil servants under their direct management while performing their tasks or official duties.

2. Chairpersons of People's Committees of rural districts, urban districts, towns or provincial cities (hereinafter referred to as district-level People's Committees) have competence to settle denunciations of violations committed while performing tasks or official duties by chairpersons or deputy chairpersons of commune-level People's Committees, heads of professional agencies under district-level People's Committees or their deputies and cadres or civil servants who they appoint and directly manage.

3. Heads of professional agencies of People's Committees of provinces or centrally run cities have competence to settle denunciations of violations committed while performing tasks or official duties by heads or deputies of heads of professional units attached to their agencies and cadres or civil servants who they appoint and directly manage.

4. Chairpersons of People's Committees of provinces or centrally run cities (hereinafter referred to as provincial People's Committees) have competence to settle denunciations of violations committed while performing tasks or official duties by chairpersons or deputy chairpersons of district-level People's Committees, heads or deputies of heads of professional agencies under provincial People's Committees, and cadres or civil servants who they appoint and directly manage.

5. Directors general, directors and holders of equivalent posts who are decentralized to manage cadres and civil servants have competence to settle denunciations of violations committed while performing tasks and official duties by heads or deputies of heads of units under their general departments, departments and equivalent units, and cadres or civil servants who they appoint and directly manage.

6. Ministers and heads of ministerial-level agencies have competence to settle denunciations of violations committed while performing tasks or official duties by heads or deputies of heads of agencies and units under their Ministries and Ministerial-level agencies, and cadres or civil servants who they appoint and directly manage.

7. The Prime Minister has competence to settle denunciations of violations committed while performing tasks and official duties by Ministers, Deputy Ministers, heads or deputies of heads of Ministerial-level agencies, heads or deputies of heads of Government-attached agencies, chairpersons or deputy chairpersons of provincial People's Committees, and cadres or civil servants who he/she appoints and directly manages.

Article 14. Competence to settle denunciations of violations committed by cadres and civil servants of other state agencies while performing their tasks or official duties

1. Presidents of People's Courts and directors of People's Procuracies of all levels have competence to:

a/ Settle denunciations of violations committed by civil servants under their direct management while performing their tasks or official duties;

b/ Settle denunciations of violations committed respectively by presidents and deputy president of subordinate People's Courts and directors or deputy directors of subordinate People's Procuracies.

2. The State Auditor General has competence to settle denunciations of violations committed while performing tasks or official duties by chief auditors or deputy chief auditors of specialized or regional audit offices and by civil servants who he/she appoints and directly manages.

Chief auditors of specialized or regional state audit offices have competence to settle denunciations of violations committed while performing tasks or official duties by civil servants who they appoint and directly manage.

3. Heads of other state agencies have competence to settle denunciations of violations committed while performing tasks and official duties by civil servants who they appoint and directly manage.

4. Agencies competent to manage cadres who are National Assembly deputies or deputies to People's Councils of all levels have competence to settle denunciations of violations committed by cadres under their management while performing their tasks or official duties.

Article 15. Competence to settle denunciations of violations committed by public employees in public non-business units while performing tasks

1. Heads of public non-business units have competence to settle denunciations of violations committed while performing tasks by public employees who they recruit, appoint and directly manage.

2. Heads of agencies competent to manage public non-business units have competence to settle denunciations of violations committed while performing tasks by public employees as managers who they appoint.

Article 16. Competence to settle denunciations of violations committed by cadres, civil servants and public employees of political organizations and socio-political organizations while performing their tasks

Heads of agencies of political organizations or socio-political organizations have competence to settle denunciations of violations committed by cadres, civil servants and public employees under their direct management while performing their tasks.

Article 17. Competence to settle denunciations against violations committed by persons who are not cadres, civil servants or public employees but assigned to perform tasks or official duties

Heads of agencies and units directly managing persons who are not cadres, civil servants or public employees but are assigned to perform tasks or official duties have competence to settle denunciations of violations committed by such persons while performing their tasks or official duties.

SECTION 2: ORDER AND PROCEDURES FOR SETTLEMENT OF DENUNCIATIONS

Article 18. Order of denunciation settlement

A denunciation shall be settled in the following order:

1. Receiving and handling denunciation information;

2. Verifying denunciation contents;

3. Making conclusion on denunciation contents;

4. Handling the denunciation by the denunciation solver;

5. Publicizing conclusions on denunciation contents and the decision on handling of the denounced violation.

Article 19. Forms of denunciation

1. Denunciations may be performed in written or verbal form.

2. In case a denunciation is made in writing, the written denunciation must clearly indicate the date of denunciation; the full name and address of the denunciator; and denunciation contents. The written denunciation must be signed or fingerprinted by the denunciator. In case many persons jointly make a written denunciation, the full name and address of every denunciator must be clearly indicated in such denunciation, with the signatures or fingerprints of all denunciators; and the full name of the representative of the denunciators for coordination when the denunciation solver requests.

3. In case a denunciation is perform verbally, the denunciation recipient shall guide the denunciator in making a written denunciation or make a record of the denunciation and request the denunciator to sign or fingerprint on that record for certification. This record must clearly state the contents specified in clause 2 of this Article. In case many persons jointly make a verbal denunciation, the denunciation recipient must guide denunciators in appointing a representative to present denunciation contents.

Article 20. Receive and handling of denunciation information

1. When receiving a denunciation, a denunciation solver shall classify and handle it as follows:

a/ If the denunciation falls under its/his/her settling competence, the denunciation solver shall, within 10 days after receiving written denunciation, examine and verify the full name and address of the denunciator and decide to accept or refuse the denunciation for settlement and at the same time notify the denunciator of the reason thereof, if so requested. In case of necessity to conduct examination and verification in many places, the time limit for examination and verification may be extended but not exceed 15 days;

b/ If the denunciation falls beyond its/his/ her competence, the denunciation solver shall, within 05 working days after receiving written denunciation, forward the written denunciation to a competent agency, organization or person and notify such to the denunciator, if the denunciator so requests. In case a denunciator makes a verbal denunciation, the denunciation recipient shall guide the denunciator to come to a competent agency, organization or person to be settled.

2. A competent person may refuse to accept a denunciation for settlement in the following cases:

a/ The denunciation has already been settled by the competent person but the denunciator fails to provide any new information or events;

b/ The denunciation contents and information which provided by the denunciator are insufficient for identifying an offender or a violation;

c/ Denunciation on case which the person competent to settle denunciation has no conditions for examining and verifying violations and offenders.

3. In the course of receiving and handling denunciation information, if considering that the denounced act shows signs of crime, the agency or organization receiving denunciation shall forward the dossier, documents and information related to such denunciation to a competent investigation agency or procuracy for handling in accordance with law.

4. In case the denounced act cause damages or threatens to cause damage the State interests or collectives or the lives and property of citizens, the agency or organization receiving denunciation shall apply necessary measures under its competence to promptly prevent violation.

Article 21. Time limit for denunciation settlement

1. The time limit for settling a denunciation is 60 days after it is accepted for settlement. For a complicated case, this time limit is 90 days after the denunciation is accepted for settlement.

2. In necessary case, a person competent to denunciation settlement may extend the time limit once for at most 30 days; or at most 60 days, for complicated cases.

Article 22. Verification of denunciation contents

1. A denunciation solver shall verify or assign a state inspectorate of the same level or a responsible agency, organization or person to verify denunciation contents (hereinafter referred to as the verifier of denunciation content ).

2. The assignment of the responsibility to verify denunciation contents by a denunciation solver to a verifier of denunciation content must be recorded in a minutes including the following details:

a/ Date of assignment of the verification responsibility;

b/ Name and address of the denounced subject;

c/ Person assigned to verify denunciation contents;

d/ Contents which need be verified;

dd/ Verification time;

e/ Powers and responsibilities of the person assigned to verify denunciation contents.

3. The verifier of denunciation content must conduct necessary measures to collect information and documents and clarify denunciation contents. Collected information and documents must be recorded in writing and, when necessary, made in a minutes and kept in the denunciation case file.

4. In the course of verification, the verifier of denunciation content must create conditions for the denounced subject to explain and present evidences to prove the correctness or wrong of denunciation contents which need be verified. Explanations of the denounced subject must be recorded in a minutes containing the signatures of the verifier of denunciation content and the denounced subject.

5. The person assigned to verify denunciation contents has the rights and obligations specified at points a, b, c and d, clause 1, and points a, b, c, d and e, clause 2, Article 11 of this Law and, at the same time, shall make conclusion on the verified contents, propose handling measures and report them to the denunciation solver.

Article 23. Responsibilities of chief inspectors of all levels and the Government Inspector General

1. Chief inspectors of Ministries, Ministerial-level agencies, provinces, centrally run cities, provincial departments, rural districts, urban districts, towns and provincial cities shall:

a/ Verify denunciation contents, make conclusions on verified contents and propose measures for handling denunciations falling under the settling competence of the heads of state administrative agencies of the same level when so assigned.

b/ Consider and make conclusions on the settlement of denunciations by the heads of direct subordinate agencies of the state administrative agencies of the same level which shows signs of violation; if there are grounds to believe that the denunciation settlement shows signs of violation, propose heads of the state administrative agencies of the same level to consider and re-settle.

2. The Government Inspector General shall:

a/ Verify denunciation contents, make conclusions on verified contents and propose measures for handling denunciations under settling competence of the Prime Minister when so assigned;

b/ Consider and make conclusions on the denunciation settlement by Ministers, heads of Ministerial-level agencies, heads of Government-attached agencies or chairpersons of provincial People's Committees which shows signs of violation; if concluding that the denunciation settlement shows signs of violation, propose the Prime Minister to consider and re-settle.

Article 24. Conclusion on denunciation contents

1. Based on denunciation contents, written explanations of the denounced subject, results of verification of denunciation contents and related documents and evidences, denunciation solvers must make written conclusions on the denunciation contents.

2. Written conclusions on denunciation contents must have the following details:

a/ Results of verification of denunciation contents;

b/ Conclusion that the denunciation is correct, partially correct or wrong; determination of the responsibility of each individual for correct or partially correct denunciation contents;

c/ Handling measures according to competence; proposals on handling measures to competent agencies, organizations or persons (if any).

Article 25. Handling of denunciations by denunciation solvers

After obtaining conclusions on denunciation contents, a denunciation solver shall handle the denunciation as follows:

1. If concluding that the denounced subject does not violate regulations while performing tasks or official duties, the denunciation solver must notify such in writing to the denounced subject and its/his/her managing agency, restore the rights and legitimate interests of the denounced subject, which have been infringed upon due to the untruthful denunciation and, at the same time, handle according to its/his/her competence or propose a competent agency, organization or person to handle those who intentionally make untruthful denunciation.

2. If concluding that the denounced subject violates regulations while performing tasks or official duties, the denunciation solver shall apply handling measures according to its/his/ her competence or propose a competent agency, organization or person to handle in accordance with law.

3. If the violation of the denounced subject shows signs of crime, the denunciation solver shall immediately transfer the case file to a competent investigation agency or procuracy for settlement in accordance with law.

Article 26. Sending of conclusions on denunciation contents

1. The denunciation solver must send written conclusions on denunciation contents to the denounced subject. The sending of written conclusions must assure non-disclosure of information on the denunciator and protection of state secrets.

2. In case a denunciator requests written notification of the results of denunciation settlement, the denunciation solver shall send a written notice of the results of denunciation settlement to the denunciator. This notice must clearly state conclusions on denunciation contents and handling of the denounced subject, except contents which are state secrets.

3. The denunciation solver must send written conclusions on denunciation contents to the state inspectorate and its/his/her direct superior agency.

Article 27. Successive denunciations and their settlement

1. In case a denunciation is not settled after the prescribed time limit is expired or there are grounds to believe that the denunciation is settled not in accordance with law, the denunciator has right to make a successive denunciation to the head of the direct superior agency of the person responsible for settling such denunciation.

2. Within 10 days after receiving a successive denunciation, the head of the direct superior agency shall consider and handle it as follows:

a/ If the denunciation is not settled although the time limit prescribed in Article 21 of this Law is expired, he/she shall request the person responsible for settling the denunciation to settle it and clearly explain the reason for delayed settlement; take measures to handle violations committed by the person responsible for settling the denunciation;

b/ If the denunciation has been settled by the head of the direct subordinate agency in accordance with law, he/she shall not re-settle the denunciation and, at the same time, notify the denunciator of the refusal to re-settle the denunciation and request him/her to stop the denunciation;

c/ If the denunciation has been settled by the head of the direct subordinate agency not in accordance with law, he/she shall re-settle the denunciation in the order specified in Article 18 of this Law.

Article 28. Responsibilities of investigation agencies and procuracies when receiving denunciations or files of denunciation cases which show signs of crime

Within 20 days after receiving a denunciation or denunciation case file specified in clause 3, Article 20, or clause 3, Article 25 of this Law, an investigation agency or a procuracy must send a written notice of acceptance and handling of the case to the agency or organization which has transferred the denunciation or the denunciation case file. For a complicated case, the time limit for notification may be extended to at most 60 days.

Article 29. Denunciation case files

1. The settlement of a denunciation must be recorded in a case file, which including:

a/ The written denunciation or the record on denunciation contents;

b/ The decision on acceptance of the denunciation for settlement;

c/ Verification records, assessment results, information, documents and evidences collected in the course of settlement;

d/ Written explanations of the denounced subject;

dd/ The report on the results of verification of denunciation contents, in case the denunciation solver assigns another person to conduct the verification;

e/ Written conclusions on denunciation contents;

g/ The handling decision and written proposals on handling measures (if any);

h/ Other relevant documents.

2. A denunciation case file must be paginated by the order of documents. The preservation, exploitation and use of denunciation case files comply with law and must assure non-disclosure of information on denunciators.

Article 30. Publicity of conclusions on denunciation contents and decisions on handling denounced violations

1. A denunciation solver shall publicize conclusions on denunciation contents and the decision on handling the denounced violation by one of following forms:

a/ Publicizing at a meeting of the agency or organization where the denounced subject works;

b/ Posting up at the working office or citizen reception place of the agency or organization which has settled the denunciation or issued the decision on handling the denounced violation;

c/ Notifying in the mass media.

2. The publicity of conclusions on denunciation contents and decisions on handling of the denounced violations must assure non-disclosure of information on the denunciator and contents which are state secrets.

3. The Government shall detail the publicity of conclusions on denunciation contents and decisions on handling of denounced violations.

Chapter 4

SETTLEMENT OF DENUNCIATIONS OF VIOLATIONS RELATED TO THE STATE MANAGEMENT IN FIELDS

Article 31. Competence of denunciation settlement

1. A denunciation of a violation committed by an agency, organization or person which is related to the state management functions of an agency shall be settled by such agency. Persons competent to handling of administrative violations in state management agencies have competence to settle denunciations of violations under their assigned management scope, unless otherwise provided by law.

2. For a denunciation related to state management functions of several agencies, these agencies shall coordinate with one another to determine the competence of settlement or report to their superior state management agencies for assigning an agency to assume the prime responsibility for denunciation settlement. A denunciation with content falling under the settling competence of several agencies shall be settled by the agency that first accepts it for settlement.

3. A denunciation of a violation showing signs of crime shall be settled by a proceeding agency according to the law on criminal procedure.

Article 32. Order and procedures for denunciation settlement

1. The order of and procedures for receiving, classifying, verifying and making conclusions on denunciation contents and deciding on the handling of denunciations of violations related to the state management in fields comply with Articles 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29 and 30 of this Law, except the cases specified in Article 33 of this Law.

If concluding that the denounced subject has committed violations related to the state management in fields, the handling of these violations must also comply with the law on handling of administrative violations.

2. In case the law on handling of administrative violations provides a settlement time limit different from that specified in Article 21 of this Law, the time limit for denunciation settlement must not exceed the time limit for handling of administrative violations provided by the law on handling of administrative violations.

Article 33. Order and procedures for settling denunciations which have clear contents, specific evidences and sufficient grounds for immediate handling

1. A denunciation of a violation related to the state management in fields which has clear contents, specific evidences and sufficient grounds for immediate handling shall be settled in the following order:

a/ The competent person receives and handles denunciation information;

b/ If the denounced violation falls into the field under his/her management, the denunciation recipient directly verifies or proposes a person competent to settle the denunciation to verify denunciation contents, apply necessary measures to stop the violation and make a record on the violation (if any). Information on the denunciator may be verified and examined if the denunciation solver considers it is necessary for the handling of the denounced act;

c/ The denunciation solver issues a decision to handle a violation according to its/his/her competence or proposes a competent agency to handle in accordance with law.

2. The denunciation case file shall be compiled together with the dossier of handling of the administrative violation according to the law on handling of administrative violations.

Chapter 5

PROTECTION OF DENUNCIATORS

Article 34. Scope, subjects and duration of protection

1. A denunciator shall be protected at his/ her places of residence, working, learning, places where his/her property exist and other places as decided by competent agencies.

2. Protected persons include:

a/ Denunciators;

b/ Relatives of denunciators.

3. The protection duration shall be decided by competent agencies depending on the practical situation of each denunciation case and the degree and nature of acts which infringing upon the rights and legitimate interests of subjects who need be protected.

Article 35. Rights and obligations of protected denunciators

1. A denunciator has the following rights:

a/ To request the denunciation solver and competent agencies or organizations to apply measures to protect him/her or his/her relatives when having grounds to determine that he/she is disciplined, dismissed, subject to job transfer, repressed or otherwise discriminated against; or be threatened to be infringed or infringed upon his/her life, health, honor, dignity, prestige, property and rights and other legitimate interests due to his/her denunciation;

b/ To be informed of the protection measures to be applied; to request change of protection measures if having grounds to believe that these measures fail to assure his/her safety; to refuse the application of protection measures;

c/ To request extension of the protection duration; to request re-protection;

d/ To receive compensations according to the law on the State's compensation liability if he/ she has requested competent agencies, organizations or persons to apply necessary measures to protect him/her but these agencies, organizations or persons fail to apply protection measures or application of protection measures is not timely, improper with law, causing damage to his/her life, health or property or spiritual life.

2. A denunciator has the following obligations:

a/ To send a written request for protection in the cases specified in Articles 37, 38 and 39 of this Law to the denunciation solver or other agencies or organizations that have competence to apply measures to protect denunciators. In case of emergency, he/she may come in person or use other means of communication to request immediate protection but later must send an official request to agencies or organizations competent to apply protection measures;

b/ To provide information, documents and grounds to determine that his/her life, health, property, honor, dignity or other rights and legitimate interests are really infringed upon or threatened to be infringed upon and to take responsibility before law for information and documents they have provided.

c/ To abide by requirements concerning the protection of agencies and organizations responsible for protection; not to disclose protection measures to others.

Article 36. Protection of confidentiality of information on denunciators

When receiving and settling denunciations, exploiting and using information and documents provided by denunciators, competent agencies, organizations and persons shall keep confidential full names, addresses, autographs and other personal information of denunciators and at the same time apply necessary measures according to their competence or request competent agencies or organizations to apply necessary measures to assure information confidentiality and protect denunciators.

Article 37. Protection of denunciators at workplaces

1. A denunciator who is a cadre, civil servant, public employee or laborer currently working in a state agency, political organization, socio-­political organization, non-business unit, economic organization or another agency or organization shall be assured for his/her working position and not be discriminated against in their employment in any form.

2. Those who have competence to manage and employ cadres, civil servants, public employees and laborers are not permitted to discriminate against denunciators in their employment; or take revenge on, threaten or affect the rights and legitimate interests of denunciators.

3. When a denunciator has grounds to believe that he/she is discriminated against in his/her employment, resulting in a decrease in his/her income and damage to his/her rights and legitimate interests, he/she may request the person who has settled his/her denunciation or the head of the direct superior agency of the person competent to manage and employ him/ her to have measures to consider and handle those who have committed such act. A denunciator who is a contractual laborer may request the grassroots trade union organization and local labor management agency to have measures to protect his/her rights and legitimate interests.

4. When receiving a denunciator's request, competent persons shall conduct examination and verification; if the denunciator's request is reasonable, competent persons shall apply measures according to their competence or propose competent persons to apply the protection measures as follows:

a/ Suspending, temporarily suspending or partially or wholly annulling the decision on discipline handling or other decisions infringing upon his/her rights and legitimate interests;

b/ Restoring the denunciator's working position, job, incomes and other legitimate interests from employment;

c/ Promptly handling those who commit acts of taking revenge on or intimidating the denunciator thus affecting his/her rights and legitimate interests;

d/ Other protection measures in accordance with law.

Article 38. Protection of denunciators at places of residence

1. Denunciators will not be discriminated against in exercising his/her civic rights and obligations at their places of residence.

2. People's Committees of all levels shall, within the scope of their tasks and powers, assure that denunciators are not discriminated against, taken revenge on or intimidated thus affecting their rights and legitimate interests.

3. When a denunciator has grounds to believe that he/she is discriminated against in exercising his/her civic rights and obligations at places of residence, he/she may request the person who has settled his/her denunciation to request the chairperson of People's Committee of competent level to take measures to protect and restore his/her rights and legitimate interests which have been infringed upon and, at the same time, consider and handle those who have committed these violations.

4. When receiving a request of denunciation solver for application of protective measures to the denunciator, the chairperson of the People's Committee shall examine, verify and decide to apply the measures according to his/her competence to protect the denunciator as follows:

a/ Suspending, temporarily suspending or partially or wholly annulling the administrative decision or act which infringes upon the denunciator's rights and legitimate interests;

b/ Restoring the rights and legitimate interests of denunciator which have been infringed upon;

c/ Promptly and strictly handling those who commit acts of infringing upon the rights and legitimate interests of denunciator;

d/ Other protective measures in accordance with law.

Article 39. Protection of denunciators' lives, health, property, honor, dignity and prestige

1. When receiving information that a denunciator is threatened, taken revenge on or repressed, the denunciation solver shall direct or coordinate with public security agencies or other competent agencies in taking measures to promptly prevent these acts and protect the denunciator and propose competent agencies to handle those who threaten, take revenge on or repress the denunciator in accordance with law.

2. When a denunciator has grounds to believe that his/her denunciation may harm his/ her or his/her relatives' lives, health, property, honor, dignity or prestige, he/she has right to request the denunciation solver or public security agency to apply necessary protective measures.

3. If the denunciator's request is reasonable, the denunciation solver or public security agency shall promptly apply or request competent agencies to apply the following measures to protect the denunciator and his/her relatives:

a/ Arranging a shelter, in case the denunciator and his/her relatives have risk to be infringed upon lives and health;

b/ Arranging forces, means and instruments to directly protect the lives, health, property, honor, dignity and prestige of the denunciator and his/her relatives at necessary places;

c/ Applying measures to prevent and handle acts of infringing upon or threatening to infringe upon the lives, health, property, honor, dignity and prestige of the denunciator and his/her relatives in accordance with law;

d/ Applying other protective measures in accordance with law.

Article 40. Detailing the protection for denunciators

The Government shall detail measures to protect denunciators and responsibilities of competent agencies, organizations and persons in protection for denunciators.

Chapter 6

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS FOR MANAGEMENT OF THE DENUNCIATION SETTLEMENT WORK

Article 41. Responsibilities of state management agencies for the denunciation settlement work

1. The Government shall perform the uniform state management of the denunciation settlement work in state administrative agencies nationwide.

2. The Government Inspectorate shall take responsibility before the Government for the state management of the denunciation settlement work within the Government's competence.

3. Ministries, Ministerial-level agencies and People's Committees of all levels shall perform the state management of the denunciation settlement work within their management.

4. Inspectorates of Ministries, Ministerial-level agencies, provinces, centrally run cities, provincial departments, rural districts, urban districts, towns and provincial cities shall assist heads of state management agencies of the same level in managing the denunciation settlement work.

Article 42. Responsibilities of People's Courts, People's Procuracies, State Audit, other state agencies, political organizations and socio-political organizations

1. The Supreme People's Court, the Supreme People's Procuracy, the State Audit, other state agencies and central agencies of political organizations and socio-political organizations shall, within the scope of their tasks and powers, manage the denunciation settlement work; and periodically notify the Government of the denunciation settlement work within the management scope of their agencies and organizations.

2. Provincial- and district-level People's Courts and People's Procuracies and local agencies of political organizations and socio­political organizations shall, within the scope of their tasks and powers, manage the denunciation settlement work; and periodically notify People's Committees of the same level of the denunciation settlement work within the management scope of their agencies and organizations.

Article 43. Responsibilities for coordination in the denunciation settlement work

1. When necessary, the Prime Minister may work with the President of the Supreme People's Court or the Director of the Supreme People's Procuracy; chairpersons of provincial-and district-level People's Committees may work with presidents of People's Courts and directors of People's Procuracies of the same level for coordination in the denunciation settlement work.

2. The Government, the Supreme People's Court and the Supreme People's Procuracy shall periodically report on the denunciation settlement work to the National Assembly, the National Assembly Standing Committee and the President and notify this work to the Central Committee of the Vietnam Fatherland Front.

3. Ministries, Ministerial-level agencies, Government-attached agencies and provincial- level People's Committees shall report on the denunciation settlement work within the management scope of their agencies to the Government on a periodical basis or at the Government’s request.

4. People's Committees, People's Courts and People's Procuracies shall periodically report on denunciation settlement work within the localities and sectors under their management to People's Councils of the same level and their superior agencies and notify this work to the Vietnam Fatherland Front Committees of the same level.

Article 44. Supervision by Vietnam Fatherland Front Committees and its member organizations

1. Vietnam Fatherland Front Committees and its member organizations shall mobilize people and their members to strictly abide by the law on denunciations; and supervise the implementation of the law on denunciations and settlement of denunciations.

2. Vietnam Fatherland Front Committees and member organizations shall organize the citizen reception for denunciations, lodge complaints or giving recommendations or feedbacks; when receiving denunciations, research and forward them to persons competent to denunciation settlement.

3. A denunciation forwarded by a Vietnam Fatherland Front Committee or its member organization must be considered and settled, and within 7 days after issuing a handling decision, settlement results must be notified in writing to the organization which has forwarded the denunciation; if disagreeing with settlement results, the organization which has forwarded the denunciation may request the direct superior agency or organization of the denunciation solver for consideration and settlement; the concerned agency or organization shall reply this request within 07 days after the date of issuing the handling decision.

Chapter 7

COMMENDATION AND HANDLING OF VIOLATIONS

Article 45. Commendation

Agencies, organizations and persons who have achievements in denunciation settlement and denunciators who are meritorious in preventing damage to the State, organizations and individuals shall be materially and spiritually commended.

The Government shall specify the regime of commendation for persons with achievements in denunciation.

Article 46. Handling of violations committed by denunciation solvers

Denunciation solvers who commit the acts specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9, Article 8 of this Law or violate other provisions of the law on denunciation settlement shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations in accordance with law.

Article 47. Handling of violations committed by persons responsible for executing decisions on handling of denounced violations

Persons responsible for executing with decisions on handling of denounced violations but fail to comply with such decisions shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations in accordance with law.

Heads of competent agencies and organizations who fail to apply necessary measures to promptly handle denunciation solvers who have committed the violations specified in Article 46 of this Law shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability in accordance with law.

Article 48. Handling of violations committed by denunciators and other related persons

Denunciators and related persons who commit any of the acts specified in Clauses 6, 7, 8, 9, 10, 11, 12 and 13, Article 8 of this Law or violate other provisions of the law on denunciation and denunciation settlement shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations in accordance with law.

Chapter 8

IMPLEMENTATION PROVISIONS

Article 49. Effect

1. This Law takes effect on July 01, 2012.

2. The provisions on denunciations and denunciation settlement of the Law No. 09/1998/QH10 on Complaints and Denunciations, which was amended and supplemented a number of articles according to the Law No. 26/2004/QH11, and Law No. 58/2005/QH11, cease to be effective on the effective date of this Law.

3. Denunciations which have been accepted and not yet completely settled before the effective date of this Law shall be further settled in accordance with the Law No. 09/1998/QH10 on complaints and denunciations, which was amended and supplemented a number of articles according to Law No. 26/2004/QH11, and Law No. 58/2005/QH11.

Article 50. Implementation detailing and guidance

1. The Government shall detail and guide implementation of articles and clauses assigned to it in this Law and provide for denunciations and denunciation settlement in the People's Army and People's Public Security forces.

2. In pursuance to this Law, other state agencies and competent agencies of political organizations and socio-political organizations shall guide the implementation of the law on denunciations and denunciation settlement within their agencies and organizations.

This Law was passed on November 11, 2011, by the XIIIth National Assembly at its 2nd session.-

 

 

CHAIRMAN OF THE NATIONAL ASSEMBLY




Nguyen Sinh Hung

 


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Thuộc tính Văn bản pháp luật 03/2011/QH13

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Số hiệu03/2011/QH13
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Ngày ban hành11/11/2011
Ngày hiệu lực01/07/2012
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            Loại văn bảnLuật
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