Chương 1 Luật tố cáo 2011: Những quy định chung

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.