Chương 4 Luật Khiếu nại, tố cáo 1998: Tố cáo, giải quyết tố cáo

Chapter IV

DENUNCIATIONS AND SETTLEMENT THEREOF

SECTION 1. RIGHTS AND OBLIGATIONS OF THE DENUNCIATOR AND THE DENOUNCED

Article 57.-

1. The denunciator shall have the following rights:

a/ To send written denunciations or personally make denunciations to competent agencies, organizations and/or individuals;

b/ To request the confidentiality of his/her name, address and autographs;

c/ To request the notification of the denunciation settlement results;

d/ To request protection by competent agencies and/or organizations when being threatened, retaliated or revenged.

2. The denunciator shall have the following obligations:

a/ To honestly present the denunciation contents;

b/ To clearly state his/her name, surname and address;

c/ To take responsibility before law for his/her untrue denunciation.

Article 58.-

1. The denounced shall have the following rights:

a/ To be informed of the denunciation contents;

b/ To show evidences in order to prove that the denunciation content is not true;

c/ To have his/her legitimate rights and interests, which were infringed upon, as well as his/her honor, restored; to be compensated for the damage caused by untrue denunciations;

d/ To request competent agency(ies), organization(s) and/or individual(s) to deal with the person(s) who made the untrue denunciations.

2. The denounced shall have the following obligations:

a/ To make justification for the denounced act(s); to provide relevant information and/or documents when so requested by competent agency(ies), organization(s) and/or individual(s);

b/ To strictly abide by the denunciation-handling decisions of competent agencies, organizations or individuals;

c/ To compensate for the damage and overcome the consequences, caused by his/her illegal act(s).

SECTION 2. COMPETENCE TO HANDLE DENUNCIATIONS

Article 59.- Denunciations of law-breaking acts committed by denounced persons of any agencies or organizations shall be settled by such agencies or organizations.

Denunciations of acts which violate the regulations on tasks and public duties and are committed by persons of any agencies or organizations shall be settled by the heads of such agencies or organizations.

Denunciations of acts which violate the regulations on tasks and public duties and are committed by heads of any agencies or organizations shall be settled by heads of their immediate higher-level agencies or organizations.

Article 60.- Denunciations of law-breaking acts which are related to the State-management functions of any agencies shall be settled by such agencies.

Denunciations of criminal acts shall be settled by agencies engaged in legal proceedings according to the criminal procedures legislation.

Article 61.- The agency and organization heads shall have to settle denunciations according to competence; in case of necessity, they may be handed over to investigation bodies or other competent agencies for examination, verification, conclusion and proposals on handling measures.

Article 62.- The chief inspectors at all levels shall have the competence to:

1. Verify, make conclusions on, and propose measures to settle, denunciations under the jurisdiction of the heads of the agencies of the same level, when so assigned;

2. Consider and make conclusions on denunciation contents which have already been settled but in contravention of law by heads of the agencies immediately under the heads of the agencies of the same level; in cases where a denunciation settlement is concluded as having breached law, a petition shall be made to the person who has reviewed and rehandled the case.

Article 63.- The State inspector-general shall have the competence to:

1. Verify, make conclusion on and propose measures to settle denunciations under the Prime Minster�s jurisdiction, when so assigned;

2. Consider and make conclusions on denunciations which have already been settled but in contravention of law by ministers, heads of ministerial-level agencies, heads of agencies attached to the Government and presidents of the provincial-level People’s Committees; in cases where a denunciation settlement is concluded as having breached law, a petition shall be made to the person who has reviewed and rehandled the case.

Article 64.- The Prime Minister shall direct the settlement of denunciations with particularly complicated contents, and decide the handling of denunciations already concluded and proposed with measures by the State Inspector-General as prescribed in Point 1, Article 63 of this law.

SECTION 3. PROCEDURES FOR DENUNCIATION SETTLEMENT

Article 65.- The denunciator shall have to send his/her written denunciation to the competent agency, organization or individual. The written denunciation must clearly state the name, surname and address of the denunciator; the denunciation content. In cases where the denunciator personally comes and make denunciation orally, the person who receives the former shall have to record the denunciation contents, the name, surname and address of the denunciator, with his/her signature.

Article 66.- Within 10 days from the date of receiving the written denunciation, the receiving agency, organization or individual shall have to receive it for settlement; in cases where a denunciation does not fall under its/his/her jurisdiction, it must be referred to the competent agency or organization for settlement and the denunciator shall be informed thereof, if so requested.

In case of urgency, denunciation-receiving agencies, organizations and/or individuals shall have to immediately notify it to responsible agencies so that measures shall be taken in time to prevent law-breaking acts; and have to apply necessary measures to ensure the safety of denunciators upon their requests.

Article 67.- The timelimit for settlement of a denunciation shall not exceed 60 days from the date of receiving it for settlement; for a complicated case or matter such timelimit may be longer, but shall not exceed 90 days from the date of receiving it for settlement.

Article 68.- The denunciation settler shall have to issue a decision on carrying out the verification and making conclusion on the denunciation content, determine the responsibility of person(s) committing acts of violation, apply handling measures according to competence or propose the competent agencies, organizations and/or individuals to deal with the violator(s).

Article 69.- In cases where there are grounds to believe that the denunciation is settled not in accordance with law or where past the prescribed timelimit the denunciation is not settled, the denunciator shall be entitled to make the denunciation to the immediate superior of the denunciation settler; the settlement timelimit shall comply with the provisions in Article 67 of this law.

Article 70.-

In the course of verifying denunciations, the denunciation settlers shall have the following rights and obligations:

1. To ensure the objectivity, honesty and lawfulness in handling denunciations;

2. To request denunciators to provide evidence and/or documents related to the denunciation contents;

3. To request denounced persons to make written justification for the denounced acts;

4. To request concerned individuals, agencies and/or organizations to provide information and/or documents related to denunciation contents;

5. To request expertise inspection and apply other measures according to law.

Article 71.- In the course of receiving and handling denunciations, if signs of criminal offenses are detected the denunciation-receiving and handling agencies and/or organizations shall have to report and transfer the dossiers to investigation bodies and/or procuracies for handling according to the provisions of the criminal procedure legislation. Within 20 days after receiving the report or dossiers, the investigation bodies and/or procuracies shall have to inform in writing such agencies or organizations of handling; in case of a complicated denunciation, such timelimit may be longer, but shall not exceed 60 days.

Article 72.- The denunciation-receiving and-handling agencies, organizations and individuals must keep secrets for denunciators, must not disclose their names, surnames, addresses and/or autographs as well as other information to their harm.

Article 73.-

1. The denunciation settlement must be made into dossiers. Such a dossier shall include:

a/ The written denunciation or the recorded version of an oral denunciation;

b/ The report on verification, expertise results, documents and evidences gathered in the process of handling;

c/ The written justification by the denounced;

d/ The conclusion on the denunciation contents; the written proposal on handling measures;

e/ The handling decision;

f/ Other relevant documents.

2. The denunciation-settling dossiers must be page-numbered according to file sequence and kept according to the provisions of law. In case of request by competent agencies, organizations and/or individuals, the dossiers shall be transferred to them.