Chương 3 Luật tố cáo 2011: Giải quyết tố cáo đối với hành vi vi phạm pháp luật của cán bộ, công chức, viên chức trong việc thực hiện nhiệm vụ, công vụ

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.