Chương II Nghị định 31/2019/NĐ-CP hướng dẫn Luật tố cáo I: Quy định chi tiết một số điều của luật tố cáo

Chapter II

ELABORATION OF SOME ARTICLES OF THE LAW ON DENUNCIATION

Section 1. TIME LIMIT FOR SETTLING DENUNCIATIONS; WITHDRAWAL OF DENUNCIATIONS; SETTLEMENT OF DENUNCIATIONS BY HEADS OF SUPERVISORY ORGANIZATIONS WITHIN POWER OF INFERIOR ORGANIZATIONS IN CASE THEY ARE YET TO BE SETTLED AFTER THE PRESCRIBED TIME LIMIT; PUBLISHING OF DENUNCIATION CONCLUSIONS AND DECISIONS TO TAKE ACTIONS AGAINST DENOUNCED VIOLATIONS

Article 3. Time limit for settling denunciations

1. Time limit for settling denunciations is specified in Clause 1 Article 30 of the Law on Denunciation. Time limit for settling denunciations regarding complicated cases and particularly complicated cases is specified in Clauses 2 and 3 Article 30 of the Law on Denunciation.

2. A case shall be deemed complicated if one of the following criteria is met:

a) The denunciation is aimed at one content that has to be verified in at least 02 locations;

b) The denunciation is aimed at 02 contents or more that have to be verified;

c) Multiple denouncers make a denunciation aimed at the same content or the denunciation contents are related to rights and interests of multiple persons;

d) The denunciation involves foreign elements: the denouncer lives in a foreign country or is a foreigner; the denounced violation is committed in a foreign country; and the denunciation contents have to be verified in a foreign country;

dd) The denunciation contents are related to managerial responsibilities of multiple organizations;

e) Organizations and individuals involved in the process of settling denunciations still make different comments;

g) There are documents and evidence that are inconsistent with each other, therefore, it is necessary to inspect, verify or assess them or consult specialized agencies.

3. A case shall be deemed particularly complicated if at least 02 criteria specified in Clause 2 of this Article are met.

4. The extension of the time limit for settling a denunciation shall be made through a denunciation handler’s decision issued to relevant organizations and individuals as prescribed in Clause 4 Article 30 of the Law on Denunciation.  The decision on extension of time limit for settling denunciations shall be made using the Form No. 01 in the Appendix hereof.

Article 4. Withdrawal of denunciations

1. The denouncer is entitled to partially or totally withdraw a denunciation before the denunciation handler gives a conclusion about the denunciation. The denunciation shall be withdrawn in writing. The written withdrawal shall specify date, full name and address of the person withdrawing the denunciation, and denunciation contents that are withdrawn, and bear the signature or fingerprint of the person withdrawing the denunciation. In case the denouncer withdraws the denunciation directly at the competent organization, the competent person shall make a denunciation withdrawal record and the person withdrawing the denunciation shall sign or press his/her fingerprint on the record. The written withdrawal and denunciation withdrawal record shall be made using the Form No. 02 and No. 03 respectively in the Appendix hereof.

2. In case multiple denouncers make a denunciation but one or some denouncers withdraw the denunciation as prescribed in Clause 1 of this Article. In case all denouncers withdraw the denunciation, a representative shall withdraw the denunciation in writing or the competent person shall make a denunciation withdrawal record, which is required to bear the signatures or fingerprints of denouncers or representative.

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 has to be still settled as prescribed in Clause 3 Article 33 of the Law on Denunciation. The denunciation handler shall adopt measures within his/her power or request the competent organization or individual to adopt measures to protect the denouncer as prescribed by law; take actions against the person that threatens or bribe the denouncer or makes use of the denunciation to slander, insult or cause damage to the denounced party as prescribed by law.

Article 5. Settlement of denunciations by heads of supervisory organizations within power of inferior organizations in case they are yet to be settled after the prescribed time limit

1. When there are grounds to believe that the denunciation is settled by the inferior organization in a manner that seriously violates the law, the head of the supervisory organization shall settle the denunciation in the following cases:

a) Denunciation settlement procedures are violated, thereby making the denunciation conclusion inaccurate or subjective or falsifying the case file;

b) There is one of the grounds specified in Clause 3 Article 37 of the Law on Denunciation.

2. When there are grounds to believe that the denunciation is settled by the inferior organization in a manner that is suspected of being subjective, the head of the supervisory organization shall settle the denunciation in the following cases:

a) The denounced party is the spouse, biological father or mother, adoptive father or mother, mother or father in law, natural or adoptive child, son or daughter in law, natural younger or older brother/sister of the person assigned to verify denunciation contents or of the denunciation handler;

b) The denunciation contents are in direct connection with the spouse, biological father or mother, adoptive father or mother, mother or father in law, natural or adoptive child, son or daughter in law, natural younger or older brother/sister of the person assigned to verify denunciation contents or of the denunciation handler;

c) The interests of the person assigned to verify denunciation contents or the denunciation handler are in direct connection with the denounced party.

3. The head of the supervisory organization that handles the denunciation case as prescribed in Clauses 1 and 2 of this Article shall request the inferior organization in writing to terminate the settlement and transfer the case file to the supervisory organization.

Upon receiving the case file, the head of the supervisory organization shall issue a denunciation acceptance decision and notify the denouncer, denounced party, head of the inferior organization directly handling the case and relevant organizations and individuals in writing.

The time limit for settling denunciations begins from the date on which the denunciation acceptance decision is issued.

Article 6. Publishing denunciation conclusions and decisions to take actions against denounced violations

1. Denunciation conclusions and decisions to take actions against denounced violations shall be published, except contents classified as governmental secrets and information about denouncers.

2. According to actual condition, nature of the case and requirements for settling a denunciation, the denunciation handler or the person that has the power to take disciplinary actions or impose penalties for administrative violations shall decide to publish the denunciation conclusion or decision to take actions against the denounced violation as prescribed in Clause 2 Article 40 of the Law on Denunciation by adopting one or some of the following methods:

a) Publish it during a meeting at the organization for which the denounced party is working or organization of the denunciation handler or organization of the person that is assigned to carry out verification, with the participation of the denunciation handler, person verifying denunciation contents, denounced party, head of the organization for which the denounced party is working and other relevant organizations and individuals;

b) Post it at the office or citizen reception office of the person that has settled the denunciation and person that has issued the decision to take actions against the denounced violation. It shall be posted for at least 15 consecutive days;

c) Post it on the web portal or internal information network of the organization that has settled the denunciation or organization of the person that has issued the decision to take actions against the denounced violation. It shall be posted for at least 15 consecutive days;

d) Post it on the mass media (including printed newspapers, audio newspapers, video newspapers and online newspapers) and a web portal. It shall be posted on a printed newspapers, audio newspapers or video newspapers at least 02 consecutive times. It shall be posted on an online newspapers or web portal for at least 15 consecutive days.

Section 2. PROTECTION OF DENOUNCERS

Article 7. Responsibilities of denunciation handlers upon receiving written requests for adoption of protection measures

1. Upon receiving a written request for adoption of protection measures (hereinafter referred to as “the protection request”) from the denouncer, the denunciation handler shall consider, assess grounds and validity of the protection request and decide to adopt protection measures within its/his/her power as prescribed in Article 52 of the Law on Denunciation. In case it is not the denunciation handler’s jurisdiction to adopt protection measures, request a competent authority to do so.

2. In case of emergency, the denunciation handler shall request a competent authority to immediately to adopt protection measures and then submit a written request to the authority that has the power to adopt protection measures.

Article 8. Responsibilities of authorities requested to adopt protection measures

Upon receiving a written request from the denunciation handler, the competent authority shall, within its jurisdiction, consider it and decide to adopt protection measures as prescribed in Article 52 of the Law on Denunciation and notify the denunciation handler and protected person in writing.