Chương III Luật Tố cáo 2018: Giải quyết tố cáo đối với hành vi vi phạm pháp luật trong việc thực hiện nhiệm vụ, công vụ

Chapter III

SETTLEMENT OF DENUNCIATIONS OF VIOLATIONS AGAINST LAW DURING PERFORMANCE OF DUTIES

Section 1. POWER TO SETTLE DENUNCIATIONS

Article 12. Rules for determining power

1. A denunciation of violations against law committed by an official, public official or public employee during performance of his/her duties shall be settled by the head of the organization that has the power to manage such official, public official or public employee.

A denunciation of violations against law committed by the head or deputy head of an organization during performance of his/her duties shall be settled by the head of its supervisory organization.

2. A denunciation of violations against law committed by an official, public official or public employee under the management of multiple organizations during performance of his/her duties shall be settled by the head of the organization that manages the denounced official, public official or public employee in cooperation with the heads of relevant organizations.

3. In case a denunciation of violations against law committed by an official, public official or public employee during performance of his/her duties is made when he/she was previously an official, public official or public employee and he/she has been reassigned to another organization or is no longer an official, public official or public employee, such denunciation shall be settled as follows:

a) In case the denounced party that is the head or deputy head has been reassigned to another organization but still holds a similar position, the denunciation shall be settled by the head of the previous supervisory organization in cooperation with the head of the current supervisory organization;

b) In case the denounced party has been reassigned to another organization and hold a higher position, the denunciation shall be settled by the head of the current supervisory organization in cooperation with the previous supervisory organization.

In case the denounced party has been reassigned to another organization and is the head or deputy head of such organization, the denunciation shall be settled by the head of the current supervisory organization in cooperation with the previous supervisory organization;

c) In case the denounced party has been reassigned to another organization and is not the case specified in Points and b of this Clause, the denunciation shall be settled by the head of the previous supervisory organization in cooperation with the head of the current supervisory organization;

d) In case the denounced party is no longer an official, public official or public employee, the denunciation shall be settled by the head of the previous supervisory organization in cooperation with the heads of relevant organizations.

4. A denunciation of the official, public official or public employee of the organization that has been consolidated, merged, fully divided or partially divided shall be settled by the head of such organization in cooperation with the heads of relevant organizations.

5. A denunciation of the official, public official or public employee of the organization that has been dissolved shall be settled by the head of the organization before the dissolution.

6. A denunciation of violations against law committed by an organization during its performance of duties shall be settled by the head of its supervisory organization.

Article 13. Power to settle denunciations of violations against law committed by state administrative agencies during performance of their duties

1. The President of People’s Committee of the commune has the power to settle denunciations of violations against the law committed by public officials under his/her management during performance of their duties.

2. The President of People’s Committee of the district has the power to:

a) settle denunciations of violations against the law committed by the President or Deputy President of the People’s Committee of the commune, and other officials, public officials and public employees appointed by President of the People's Committee of the district or under his/her management during performance of their duties.

b) settle denunciations of violations against the law committed by organizations under the management of the People’s Committee of the district during performance of their duties.

3. The head of the specialized agency affiliated to the People's Committee of the province has the power to:

a) settle denunciations of violations against the law committed by the head or deputy head of the affiliate, and other public officials and public employees appointed by the head of the specialized agency affiliated to the People's Committee of the province or under his/her management during performance of their duties.

b) settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

4. The President of People’s Committee of the province has the power to:

a) settle denunciations of violations against the law committed by the President or Deputy President of People’s Committee of the district, head or deputy head of the specialized agency affiliated to the People’s Committee of the province, and other public officials and public employees appointed by the President of People’s Committee of the province or under his/her management during performance of their duties.

b) settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

5. The Director General, Director or equivalent position of a Ministry and ministerial agency that is assigned to manage officials, public officials and public officials has the power to:

a) settle denunciations of violations against the law committed by the head or deputy head of the affiliate of the General Department, Department or equivalent agency, and other public officials and public employees appointed by the Director General, Director or equivalent position of a Ministry and ministerial agency or under his/her management during performance of their duties.

b) settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

6. The head of a Governmental agency has the power to:

a) settle denunciations of violations against the law committed by the head or deputy head of the affiliate of Governmental agency, and other public officials and public employees appointed by the head of the Governmental agency or under his/her management during performance of their duties.

b) settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

7. The Minister or the head of a ministerial agency has the power to:

a) settle denunciations of violations against the law committed by the head or deputy head of the Governmental agency, affiliate of Ministry and ministerial agency, and other public officials and public employees appointed by the Minister or head of ministerial agency or under his/her management during performance of their duties;

b) settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

8. The Prime Minister has the power to:

a) settle denunciations of violations against the law committed by Ministers, Deputy Ministers, heads or deputy heads of ministerial agencies, Governmental agencies, Presidents or Deputy Presidents of People’s Committees of provinces, and other officials, public officials and public employees appointed by the PM or under the management of the PM during performance of their duties;

b) settle denunciations of violations against the law committed by organizations under the Prime Minister’s management during performance of their duties.

Article 14. Power to settle denunciations of violations against law committed by People’s Courts during performance of their duties

1. The Chief Justice of People’s Court of the district has the power to settle denunciations of violations against the law committed by public officials under his/her management during performance of their duties.

2. The Chief Justice of People’s Court of the province has the power to:

a) settle denunciations of violations against the law committed by the Chief Justice or Deputy Chief Justice of People’s Court of the district, and other public employees under his/her management during performance of their duties;

b) settle denunciations of violations against the law committed by the People’s Court of the district during performance of their duties.

3. The Chief Justice of the Superior People’s Court has the power to settle denunciations of violations against the law committed by public officials under his/her management during performance of their duties.

4. The Chief Justice of the Supreme People’s Court has the power to:

a) settle denunciations of violations against the law committed by Chief Justices or Deputy Chief Justices of Superior People’s Courts; Chief Justices or Deputy Chief Justices of People’s Courts of provinces during performance of their duties, and other public officials and public employees under his/her management during performance of their duties;

b) settle denunciations of violations against the law committed by organizations under his/her management, Superior People’s Courts and People’s Courts of provinces.

Article 15. Power to settle denunciations of violations against law committed by People’s Procuracies during performance of their duties

1. The Chief Procurator of People’s Procuracy of the district has the power to settle denunciations of violations against the law committed by public officials under his/her management during performance of their duties.

2. The Chief Procurator of People’s Procuracy of the province has the power to:

a) settle denunciations of violations against the law committed by the Chief Procurator or Deputy Chief Procurator of People’s Procuracy of the district, and other public officials under his/her management during performance of their duties;

b) settle denunciations of violations against the law committed by the People’s Procuracy of the district during performance of their duties.

3. The Chief Procurator of the Superior People’s Procuracy has the power to settle denunciations of violations against the law committed by public officials under his/her management during performance of their duties.

4. The Chief Procurator of the Supreme People’s Procuracy has the power to:

a) settle denunciations of violations against the law committed by Chief Procurators or Deputy Chief Procurators of Superior People’s Procuracies; Chief Procurators or Deputy Chief Procurators of People’s Procuracies of provinces, and other public officials and public employees under his/her management during performance of their duties;

b) settle denunciations of violations against the law committed by organizations under his/her management, Superior People’s Procuracies and People’s Procuracies of provinces during performance of their duties.

Article 16. Power to settle denunciations of violations against law committed by the State Audit Office of Vietnam during performance of its duties

The State Auditor General has the power to settle denunciations of violations against law committed by public officials, public employees and units of the State Audit Office of Vietnam during performance of their duties.

Article 17. Power to settle denunciations of violations against law committed by other regulatory agencies during performance of their duties

1. The Standing Committee of National Assembly has the power to settle denunciations of violations against the law committed by full-time National Assembly deputies during performance of their duties; settle denunciations violations against the law committed by other National Assembly deputies during performance of tasks of a National Assembly deputy; settle denunciations of violations against the law committed by the head or deputy head of the National Assembly Office or the affiliate of the Standing Committee of National Assembly during performance of his/her duties

2. The Standing Committee of People's Council has the power to settle denunciations of violations against the law committed by full-time People’s Council deputies during performance of their duties; settle denunciations violations against the law committed by other People’s Council deputies during performance of tasks of a People’s Council deputy, except for the violations against the law committed by the President or Deputy President of the People’s Council of the same level.

The authority that has the power to approve the appointment of Presidents and Deputy Presidents of People’s Councils has the power to settle denunciations of violations against committed by Presidents and Deputy Presidents of People’s Councils during performance of their duties.

3. The head of another regulatory agency has the power to denunciations of violations against the law committed by officials, public officials and public employees appointed by the head of another regulatory agency or under his/her management during performance of their duties.

Denunciations of violations against the law committed by the head or deputy head of another regulatory agency shall be settled by the person that has the power to appoint such head or deputy head.

Article 18. Power to settle denunciations of violations against law committed by public service providers during performance of their duties

1. The head of a public service provider has the power to:

a) settle denunciations of violations against the law committed by the head or deputy head of the affiliate of the public service provider, and public officials and public employees appointed by the head of the public service provider or under his/her management during performance of their duties;

b) settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.

2. The head of a regulatory agency that manages the public service provider has the power to:

a) settle denunciations of violations against the law committed by the head or deputy head of the public service provider, and public officials and public employees appointed by the head of the regulatory agency that manages the public service provider or under his/her management during performance of their duties;

b) settle denunciations of violations against the law committed by the public service provider under his/her management during performance of its duties.

Article 19. Power to settle denunciations of violations against law committed by persons who hold positions in state-owned enterprises during performance of their duties

1. The head of a state-owned enterprise has the power to:

a) settle denunciations of violations against the law committed by the head or deputy head of the affiliate of the state-owned enterprise or other persons appointed by the head of the state-owned enterprise during performance of their duties;

b) settle denunciations of violations against the law committed by the affiliate under his/her management during performance of its duties.

2. The head of a regulatory agency that is assigned to manage a state-owned enterprise has the power to settle denunciations of violations against the law committed by the President of the Member Council, members of the Member Council, president of the enterprise and controllers appointed by head of the regulatory agency or under his/her management during performance of their duties.

Article 20. Power to settle denunciations of violations against law committed by political institutions and socio-political organizations during performance of their duties

The central government agency of a political institution or socio-political organization shall, according to the rules for determining power specified in Article 12 of this Law, provide guidelines for the power to settle denunciations of violations against the law during performance of its duties, and violations against the law committed by organizations under its management during performance of their duties.

Article 21. Power to settle denunciations of violations against law committed by persons assigned to perform duties but are not officials, public officials and public employees

The head of an organization or unit that manages the person assigned to perform duties but is not an official, public official or public employee has the power to settle denunciations of violations against the law committed by such person during performance of his/her duties.

Section 2. METHODS OF DENUNCIATION, RECEIPT AND INITIAL SETTLEMENT OF DENUNICATIONS

Article 22. Methods of denunciation

Denunciation shall be made using a form and directly at a competent authority.

Article 23. Receipt of denunciations

1. In the cases where a denunciation is made using a form, the denunciation form shall specify date of denunciation; full name and address of the denouncer, methods of contacting the denouncer; denounced violations against the law; denounced party and other relevant authority. In the cases where multiple denouncers make a denunciation, the denunciation form shall specify denouncers' full name, address and method of contacting each denouncer; full name of the representative of each denouncer.

The denouncer shall sign or press his/her fingerprint on the denunciation form.

2. In the cases where the denouncer submits a denunciation directly to a competent organization, the recipient shall instruct him/her to fill in the denunciation form or record the denunciation and request him/her to sign or press his/her fingerprint on the record, specifying the information specified in Clause 1 of this Article. In the cases where multiple denouncers makes a denunciation, the recipient shall instruct them to fill in the denunciation form or record the denunciation and request them to sign or press their fingerprint on the record.

3. Any organization or individual that has the power to settle denunciations shall receive denunciations. Every denouncer shall make their denunciation at the address announced by the competent authority.

Article 24. Initial settlement of denunications

1. Within 07 working days from the date on which the denunciation is received, the organization/individual shall enter, classify and initially settle the denunciation, check and verify information about the denouncer and conditions for acceptance of the denunciation. In case it is required to check and verify information in multiple locations or authorize another competent authority to do so, the time limit for checking and verifying information may be extended for a period not exceeding10 working days.

In case it is eligible for acceptance, a decision on denunciation acceptance shall be issued as prescribed in Article 29 of this Law. In case it is ineligible for acceptance, the denunciation shall not be accepted and explanation therefor shall be immediately provided for the denouncer.

2. In case the denunciation falls outside the organization/individual’s jurisdiction, the organization/individual shall, within 05 working days from the receipt of the denunciation form, transfer it to another competent organization/individual and notify the denouncer. In case the denouncer directly submits a denunciation, the recipient shall instruct him/her to submit the denunciation to a competent organization/individual.

3. In case the denunciation falls outside the organization/individual’s jurisdiction and is sent to multiple organizations and individuals, including competent organizations and individuals or in spite of receiving instructions the denouncer sends the denunciation to an organization/individual that does not have the power to settle it, the recipient must not settle the denunciation.

Article 25. Receipt and settlement of denunciations

1. Upon receipt of a denunciation, if it is impossible to identify full name and address of the denouncer or identify the denouncer despite verification, or the denouncer uses another person’s full name to make the denunciation or the denunciation is not made using the methods prescribed in Article 22 of this Law, the competent organization/individual must not settle the denunciation as prescribed by this Law.

2. In case the denunciation specified in Clause 1 of this Article clearly specifies information about the violator and specific documentary evidences for the violations and grounds for carrying out investigation and verification are available, the recipient shall carry out an inspection within its/his/her power or request another competent organization/individual to do so.

Article 26. Receipt and settlement of denunciations sent by press agencies, competent organizations and individuals

1. Upon receipt of an individual’s denunciation sent by a press agency, competent organization or individual, the recipient shall classify and settle it as follows:

a) In case the denunciation falls within the organization/individual’s jurisdiction and is eligible for acceptance, it shall be accepted. In case it falls outside the organization/individual’s jurisdiction, the denunciation shall be settled by another competent organization/individual;

b) In case it is ineligible for acceptance as prescribed in Article 29 of this Law, the denunciation must not be accepted. In case it is ineligible for acceptance but it clearly specifies information about the violator and specific documentary evidences for the violations and grounds for carrying out investigation and verification are available, the recipient shall carry out an inspection within its/his/her power.

2. A written notice of result of denunciation settlement carried out as specified in Clause 1 of this Article shall be sent to the press agency, competent organization or individual that sent the denunciation within 20 days from the receipt of the denunciation.

Article 27. Settlement of denunciations of suspected criminal violation, adoption of violation prevention measures

1. During receipt and settlement of a denunciation, if the denounced violation is suspected of a crime, immediately transfer the case file to a competent investigating authority or competent People’s Procuracy.

2. In the cases where the denounced violation causes or threatens to cause damage to the State interests or legitimate rights and interests of an organization, life, health, property, honor, dignity or other legitimate rights and interests of an individual, the recipient shall adopt necessary measures within its/his/her power or immediately notify a police authority or another competent organization/individual to promptly prevent such violation.

Section 3. PROCEDURES FOR SETTLING DENUNCIATIONS

Article 28. Procedures for settling denunciations

1. Accept a denunciation.

2. Verify the denunciation.

3. Give a conclusion about the denunciation.

4. Handle the denunciation conclusion issued by the denunciation handler.

Article 29. Accepting denunciations

1. A denunciation handler may issue a denunciation decision if the following conditions are satisfied:

a) The denunciation is made as prescribed in Article 23 of this Law;

b) The denouncer has full legal capacity. In the case of limited legal capacity, a representative is required as prescribed by law;

c) The case falls within the recipient’s jurisdiction;

d) There are grounds for determining a violator and violation against the law.

In case a denunciation is derived from the complaint that has been settled within power and in accordance with prescribed procedures, but the complainant expresses his/her dissent and denounces the complaint handler, the denunciation will be only accepted if the denouncer provides information and documentary evidences to confirm that the complaint handler commits a violation.

2. A decision on denunciation acceptance contains at least:

a) Issuance date of the decision;

b) Grounds for issuing the decision;

c) Accepted denunciation;

d) Time limit for settling the denunciation.

3. Within 05 working days from the issuance date of the decision on denunciation acceptance, the denunciation handler shall notify the denouncer and the denounced party.

Article 30. Time limit for settling denunciations

1. A denunciation shall be settled within 30 days from the date on which it is accepted.

2. Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days.

3. Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.

4. The denunciation handler shall issue an extension decision to the denouncer, denounced party and relevant organizations and individuals.

5. The Government shall elaborate this Article.

Article 31. Verifying denunciations

1. The denunciation handler shall verify or assign an inspecting authority at the same level or another organization/individual to verify the denunciation (below collectively referred to as “the denunciation verifier”) The denunciation verification shall be assigned in writing.

2. The written assignment on denunciation verification shall contain at least:

a) Date of assigning verification;

b) The assignee;

c) Full name and address of the denounce party; name and office building of the denounced party;

d) The denunciation to be verified;

dd) Time for carrying out verification;

e) Rights and responsibilities of the assignee.

3. The denunciation verifier shall adopt necessary measures to collect information and documents to clarify the denunciation. The collected information and documents shall be recorded. Where necessary, a record shall be made and included in the case file.

4. During the verification, the denunciation verifier shall enable the denounced party to provide its/his/her explanation and evidences for the denunciation to be verified.

5. The denunciation verifier may exercise the rights and fulfill the obligations specified in Points a, b, c and d Clause 1 and Points a, b and c Clause 2 Article 11 of this Law as assigned by the denunciation handler.

6. After the verification, the assignee shall send a written notice of verification result and proposed remedial measures to the denunciation handler.

Article 32. Responsibilities of Chief Inspectors at all levels and Inspector-General

1. Chief Inspectors of Ministries, ministerial agencies, Chief Inspectors of provinces, Chief Inspectors of Departments and Chief Inspectors of districts have the responsibilities to:

a) Verify denunciations, notify verification result and propose denunciation settlement measures that fall within the jurisdiction of the head of a state administrative agency at the same level when so assigned.

b) Consider the denunciation settlement that has been carried out by the head of the inferior organization of the state administrative agency at the same level but is suspected of violating the law. In case there are grounds to believe that denunciation is settled against the law, request the head of the state administrative agency at the same level to consider re-settling it.

2. The Inspector-General has the responsibilities to:

a) receive, classify and propose the settlement of denunciations within the Prime Minister's power;

b) Verify denunciations, notify verification result and propose denunciation settlement measures that fall within the Prime Minister’s jurisdiction when so assigned;

c) Consider the denunciation settlement that has been carried out by Ministers, heads of ministerial agencies or Governmental agencies and Presidents of People’s Committees of provinces but is suspected of violating the law. In case there are grounds to believe that denunciation is settled against the law, request the Prime Minister to consider re-settling it.

Article 33. Withdrawal of denunciations

1. The denouncer may totally or partially withdraw a denunciation before the denunciation handler gives a conclusion on the denunciation. The denunciation shall be withdrawn in writing.

2. In case the denouncer partially withdraws the denunciation, the remaining shall be settled as prescribed by this Law. In case the denouncer totally withdraws the denunciation, Point a Clause 3 Article 34 of this Law shall be complied with. In case multiple denouncers make a denunciation while one or several denouncers withdraw the denunciation, it continues to be settled as prescribed by this Law. The person who has withdrawn the denunciation cannot enjoy the rights and does not have to fulfill the obligations specified in Article 9 of this Law, except in the case specified in Clause 4 of this Article.

3. In case the denouncer withdraws the denunciation and the denunciation handler deems that the denounced act is suspected of violating the law or there are grounds to confirm that the denouncer is threatened or bribed to withdraw the denunciation or the denouncer makes use of the denunciation to slander, insult or cause damage to the denounced party, the denunciation must be still settled.

4. The denouncer withdraws the denunciation but there are grounds to confirm that the denouncer makes use of the denunciation to slander, insult or cause damage to the denounced party, he/she shall still take responsibility for his/her denunciation and provide compensation for any damage as prescribed by law.

5. The Government shall elaborate this Article.

Article 34. Suspension and termination of denunciation settlement

1. A denunciation handler may issue a decision on suspension of denunciation settlement on one of the following grounds:

a) The result of settlement by other organizations/individuals or settlement of other relevant cases needs to be waited for;

b) The result of additional expertise or re-expertise needs to be waited for.

2. When the grounds for suspension of denunciation settlement are no longer reasonable, the denunciation handler shall immediately issue a decision to keep settling the denunciation. The time limit for suspension of denunciation settlement shall not be included in the time limit for denunciation settlement.

3. A denunciation handler may issue a decision on termination of denunciation settlement on one of the following grounds:

a) The denouncer totally withdraws the denunciation, except in the case specified in Clause 3 Article 33 of this Law;

b) The denounced party is an individual who is dead and the denunciation is only related to the denounce party’s responsibilities.

c) The case has been settled under an effective judgment or an effective judicial decision or an effective decision issued by a competent organization/individual.

4. The decision on suspension/termination of denunciation settlement shall specify reasons and responsibilities of relevant organizations and individuals and be sent to the denouncer and denounced party within 05 working days from the issuance date.

Article 35. Giving conclusions about denunciations

1. According to the denunciation and explanation provided by the denounced party, result of denunciation verification and relevant documents and evidences, the denunciation handler shall issue a denunciation conclusion.

2. A denunciation conclusion shall contain at least:

a) Result of denunciation verification;

b) Legal grounds for determining whether there is a violation against the law.

c) Conclusion that the denunciation is correct, partially correct or untruthful; responsibilities of each organization/individual for the denunciation;

d) Remedial measures to be taken; request for application of measures for taking actions against violators by other organizations and individuals;

dd) Request for amendments to policies and laws and implementation of necessary measures for protecting the State interests and legitimate rights and interests of organizations and individuals by a competent authority.

3. Within 05 working days from the issuance date of the denunciation conclusion, the denunciation handler shall send it to the denounced party, organization that manages the denounced party and relevant organizations and individuals, and the denouncer.

Article 36. Handling denunciation conclusions issued by denunciation handlers

1. Within 07 working days from the issuance date of the denunciation conclusion, the denunciation handler shall, according to the denunciation conclusion, handle it as follows:

a) In case it is concluded that the denounced party does not commit any violation against the law during performance of the denounced party’s duties, the denunciation handler shall restore the denounced party’s legitimate rights and interests that are infringed by the untruthful denunciation and take actions against the person who deliberately makes untruthful denunciation within its/his/her power or request a competent organization/individual to do so;

b) In case it is concluded that the denounced party commits a violation against the law during its/his/her performance of duties, the denunciation handler shall take actions against such denounced party within its/his/her power or request a competent organization/individual to do so;

2. In case the denounced party’s violation is suspected of a crime, the denunciation handler shall immediately transfer the case file to a competent investigating authority or competent People’s Procuracy.

3. Within 05 working days from the date on which the result of handling of the denunciation conclusion is available, the organization/individual specified in Clauses 1 and 2 of this Article shall send a written notice of result of handling of the denunciation conclusion to the denunciation handler.

Article 37. Taking denunciations further and denunciation resettlement

1. In case there are grounds to believe that the denunciation was settled against the law, the denouncer has the right to submit the denunciation to the head of the supervisory organization of the denunciation handler.

2. Within 20 days from the receipt of the denunciation, the head of the supervisory organization of the denunciation handler shall consider the previous case file. Where necessary, he/she shall work with the denouncer on the denunciation and collect relevant information, documents and evidences to decide to settle the denunciation. The denunciation shall be settled as follows:

a) In case the denunciation was previously settled as prescribed by law, the head of the supervisory organization shall not resettle the denunciation and shall provide written explanation for the denouncer;

b) In case the denunciation was previously settled ultra vires, the head of the supervisory organization shall settle the denunciation within his/her power or transfer it to a competent organization/individual;

c) In case the denunciation was previously settled on one of the grounds specified in Clause 3 of this Article, the head of the supervisory organization shall directly settle the denunciation within the time limit and in accordance with the denunciation procedures prescribed in this Chapter.

3. A denunciation shall be resettled on one of the following grounds:

a) The result of denunciation verification or conclusion is inaccurate or subjective;

b) Important information, documents and evidences are omitted while verifying or concluding the denunciation;

c) Laws are incorrectly implemented while verifying or concluding the denunciation.

4. A conclusion on resettlement of a denunciation shall contain at least:

a) The contents set forth in Clause 2 Article 35 of this Law;

b) Violations committed by the head of the inferior organization during denunciation settlement;

c) Responsibilities of relevant organizations and individuals for previously settling the denunciation;

d) Measures or proposed measures to be taken against violations committed by the organization/individual during its/his/her denunciation settlement.

Article 38. Settling denunciations in case they are yet to be settled after the prescribed time limit

1. In case a denunciation is yet to be settled after the time limit specified in Article 30 of this Law, the denouncer has the right to submit it to the head of the supervisory organization of the denunciation handler.

2. Within 05 working days from the receipt of the denunciation, the head of the supervisory organization shall request the denunciation handler in writing to submit a report on process of settling the denunciation, reasons for late settlement of denunciation and responsibilities for settling the denunciation.

3. Within 05 working days from the receipt of the written request, the denunciation handler shall submit the report specified in Clause 2 of this Article, keep settling the denunciation at the request of the supervisory organization and report settlement result, except in the case specified in Clause 5 of this Article.

4. The head of the supervisory organization shall supervise and expedite the denunciation settlement, notify the denouncer of his/her consideration and settlement of the denunciation, adopt remedial measures to take actions against the competent person that fails to settle the denunciation within the prescribed time limit within his/her power or request a competent organization/individual to do so.

5. In case there are grounds to believe that the denunciation is settled in a manner that seriously violates the law and is suspected of subjectivity, the head of the supervisory organization shall directly settle the denunciation.

The Government shall elaborate this Clause.

Article 39. Case files

1. The denunciation settlement shall be documented. According to the specific case, a case file includes:

a) A denunciation form or denunciation record; a report or record on checking of the denounced party's personal information, minute of the meeting with the denouncer on denunciation verification;

b) A denunciation acceptance decision; written assignment on denunciation verification;

c) Verification record; expertise result, information, documents and evidences collected during verification;

d) A written explanation of the denounced party; minutes of the meeting with the denounced party on the explanation;

dd) A report on the denunciation verification in case the denunciation handler assigns another person to verify the denunciation;

e) A decision on suspension of denunciation settlement; decision to keep settling the denunciation;

g) A denunciation conclusion or decision on termination of denunciation settlement;

h) A settlement decision issued by the denunciation handler, written request for adoption of settlement measures by a competent organization or individual;

i) Other relevant documents.

2. In the case of denunciation resettlement, a case file includes the documents specified in Clause 1 of this Article and the following documents:

a) A form used to take a denunciation further or a record on the denunciation that is taken further; written request for denunciation resettlement;

b) A denunciation resettlement conclusion;

c) A settlement decision issued by the person who resettles the denunciation;

d) Other relevant documents.

3. Case files shall be numbered. Case files shall be retained and used as prescribed by law and in a manner that protects denouncers’ personal information.

Article 40.Publishing denunciation conclusions and decisions to take actions against denounced violations

1. Within 07 working days from the issuance date of the denunciation conclusion and decision to take actions against the denounced violation, the denunciation handler shall publish the denunciation conclusion, and the person that has the power to impose disciplinary or administrative penalties shall issue the decision to take actions against the denounced violation.

2. A denunciation conclusion or decision to take actions against denounced violations shall be published using one or some of the following methods:

a) Publishing it at a meeting organized at the organization where the denounced party works;

b) Posting it at the premise or citizen reception office of the organization or the organization of the individual that has settled the denunciation and issued the decision to take actions against the denounced violation;

c) Posting it on the web portal or internal network of the premise or citizen reception office of the organization or the organization of the individual that has settled the denunciation and issued the decision to take actions against the denounced violation;

d) Posting it on mass media.

3. Denunciation conclusions and decisions to take actions against denounced violations shall be published in a manner that does not reveal information about denounced parties and information that is classified as state secrets.

4. The Government shall elaborate this Article.

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