Chương 2 Luật tố cáo 2011: Quyền, nghĩa vụ của người tố cáo, người bị tố cáo và người giải quyết tố cáo

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.

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