Chương I Luật Tố cáo 2018: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for denunciation and settlement of denunciations of violations against the law during performance of duties and other violations against the law related to state management of fields; protection of denouncers and responsibilities of organizations for management of denunciation settlement.

Article 2. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “denunciation” means an individual, according to the procedures prescribed by this Law, notifying a competent organization or individual of a violation committed by any organization or individual which causes or threatens to cause damage to the State interests or legitimate rights and interests of organizations and individuals, including:

a) Denunciation of violations against the law during performance of duties;

b) Denunciation of violations against the law related to state management of fields;

2. “denunciation of violations against the law during performance of duties” means the denunciation of violations against the law during performance of duties by:

a) An official, public official or public employee; other persons assigned to perform duties;

b) A person who is no longer an official, public official or public employee but committed violations against the law during the period he/she was an official, public official or public employee; a person who is no longer assigned to perform any duty but committed violations against the law during the period he/she was assigned to perform duties;

c) An organization.

3. “denunciation of violations against the law related to state management of fields” means the denunciation of violations against the law related to state management of fields committed by any organization and individual with respect to the compliance with regulations of law, except for violations against the law during performance of duties.

4. “denouncer” means an individual that makes denunciations.

5. “denounced party” means an organization or individual whose acts are denounced.

6. “denunciation handler” means an organization or individual that has the power to handle denunciations.

7. “settlement of a denunciation” means a denunciation handler accepting, verifying, giving and handling conclusions about the denunciation.

Article 3. Application of the law on denunciation and denunciation settlement

1. Denunciation and denunciation settlement are carried out in accordance with this Law and other relevant regulations of law. Unless otherwise prescribed by other regulations, such regulations shall prevail.

2. Crime reports shall be received and handled in accordance with regulations of the Criminal Procedure Code.

Article 4. Rules for settling denunciations

1. Denunciations shall be settled in a timely, accurate and objective manner, within power and in accordance with procedures and time limit prescribed by law.

2. Denunciations shall be settled in a manner that ensures safety of the denouncer and protects legitimate rights and interests of the denounced party during the process of settling denunciations.

Article 5. Responsibilities of competent organizations and individuals for receipt and settlement of denunciations

1. Within their jurisdiction, every competent organization and individual shall:

a) receive and settle denunciations as prescribed by law; adopt necessary measures to prevent potential damages; ensure safety of denouncers; take actions against violators and take legal responsibility for their decision;

b) protect legitimate rights and interests of the denounced party in case the denunciation handler is yet to give any conclusion about the denunciation.

2. Any organizations and individuals that have the power to receive and settle denunciations but fail to receive and settle denunciations as prescribed by law, negligently fail to receive and settle denunciations or settle denunciations as against the law shall incur strict penalties. If any damages are caused, compensation shall be provided as prescribed by law.

Article 6. Responsibilities of relevant organizations and individuals for cooperation in denunciation settlement

Relevant organizations and individuals shall, within their jurisdiction, cooperate with the denunciation handler; provide information and documents concerning the denunciation as prescribed by law; adopt measures to protect the denouncer within their power; take actions against violators according to the denunciation conclusion; take actions against organizations and individuals that commit violations against the law on denunciation.

Article 7. Complying with decision to take actions against denounced violations against the law

Relevant organizations and individuals must respect and comply with an organization’s or individual’s decision to take actions against denounced violations against the law. Any organizations and individuals that have the responsibility to comply with the decision to take actions against denounced violations against the law but fail to do so shall incur strict penalties as prescribed by law.

Article 8. Prohibited acts

1. Obstructing and harassing the denouncer.

2. Settling denunciations in a negligently and unfair manner.

3. Disclosing the denouncer’s name, address and autograph or other information which may reveal his/her identity.

4. Losing or falsifying case files during the process of settling denunciations.

5. Failing to settle denunciations or deliberately settling denunciations against the law; abusing positions or power to settle denunciations to commit illegal acts or harass denouncing parties and denounced parties.

6. Failure to assume or fully assume the responsibility to protect the denouncer.

7. Illegally interfering with or obstructing denunciation settlement.

8. Threatening, bribing, taking revenge on, victimizing or insulting the denouncer.

9. Protecting the denounced party.

10. Deliberately making untruthful denunciations; forcing, persuading, inciting, counseling and bribing another to make untruthful denunciations; using another person’s name to make denunciations.

11. Bribing, threatening, taking revenge on or insulting denunciation handlers.

12. Misusing the denunciation right to oppose or infringe upon the interests of the State; disturbing security and public order; distorting, slandering or harming another person's honor, reputation and dignity.

13. Providing false information on denunciation and settlement of denunciations.