Chapter IV
SETTLEMENT OF DENUNCIATIONS OF VIOLATIONS AGAINST LAW RELATED TO STATE MANAGEMENT OF FIELDS
Article 41. Rules for determining power
1. A denunciation of a violation committed by an organization or individual which is related to the state management by an agency shall be settled by such agency.
2. Regarding a denunciation related to the state management by multiple authorities, these authorities shall, within their jurisdiction, cooperate with each other to determine an authority that will have the power to take charge of denunciation settlement or request a superior authority to assign a competent authority to do so.
3. A denunciation of a violation against the law that falls within the jurisdiction of multiple authorities, the first authority that accepts the denunciation shall settle it.
Article 42. Procedures for settling denunciations
1. Procedures for receiving, classifying, verifying and concluding a denunciation of a violation against the law related to state management of fields are prescribed in Articles 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39 and 40 of this Law, except in the case specified in Article 43 of this Law.
In case it is concluded that the denounced party commits a violation against the law related to state management of fields, actions against such violation shall be taken as prescribed by the law on penalties for administrative violations.
2. In case the law on penalties for administrative violations provides for the time limit for denunciation settlement that is different from that specified in Article 30 of this Law, the time limit for denunciation settlement must not exceed the time limit for imposing penalties for administrative as prescribed by the law on penalties for administrative violations.
Article 43. Procedures for settling denunciations that are adequately specific and include evidences and grounds for immediate settlement
1. In case a denunciation of a violation against the law related to state management of fields is adequately specific and includes evidences and grounds for immediate settlement, it shall be settled in accordance with the following procedures:
a) The competent person receives and settles the denunciation;
b) In the case of denunciation of a violation against the law related to the field under its/his/her management, the denunciation handler immediately verifies the denunciation, adopts necessary measures to prevent and stop the violation, and promptly makes a record on the violation. Where necessary, the verification and checking of information about the denouncer shall be carried out;
c) The denunciation handler issues a decision to take actions against the violation within its/his/her power or request a competent authority to do so.
2. The case file shall be prepared together with the administrative penalty documentation as prescribed by the law on penalties for administrative violations.
Tìm kiếm
Luật Tố cáo 2018 (Bản Word)
Luật Tố cáo 2018 (Bản Pdf)
