Chương 4 Luật tố cáo 2011: Giải quyết tố cáo đối với hành vi vi phạm pháp luật về quản lý nhà nước trong các lĩnh vực

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.