Chương III Nghị định 31/2019/NĐ-CP hướng dẫn Luật tố cáo: Biện pháp tổ chức thi hành luật tố cáo

Chapter III

MEASURES FOR ORGANIZING IMPLEMENTATION OF THE LAW ON DENUNCIATION

Section 1. PROCEDURES FOR SETTLING DENUNCIATIONS

Article 9. Acceptance of denunciations and notification of denunciation acceptance

1. Before accepting a denunciation, the denunciation handler shall itself/himself/herself verify information about the denouncer and conditions for accepting denunciations or assign a state inspecting authority at the same level or another organization/individual to do so. If the denouncer does not reside in the area under the management of the denunciation handler or the denunciation handler has difficulty in verifying information, the denunciation handler shall authorize a regulatory authority at the same level or an inferior regulatory authority to verify information required to issue the denunciation acceptance decision. The denunciation shall be accepted as prescribed in Article 29 of the Law on Denunciation. The denunciation acceptance decision shall be made using the Form No. 04 in the Appendix hereof.

2. Within 05 working days from the date on which the denunciation acceptance decision is issued, the denunciation handler shall notify the denouncer and notify denunciation contents to the denounced party. The notification of denunciation acceptance and notification of denunciation contents shall be made using the Form No. 05 and No. 06 respectively in the Appendix hereof.

Article 10. Verifying denunciation contents

1. The denunciation handler shall verify the denunciation itself/himself/herself or establish a denunciation verification team (hereinafter referred to as “the verification team”). A verification team shall be composed of at least two persons, including one head.  The decision on establishment of verification team shall be made using the Form No. 07 in the Appendix hereof.

2. In case the denunciation handler assigns an inspecting authority at the same level or another organization/individual to verify the denunciation, the written assignment on denunciation verification shall be made as prescribed in Clause 2 Article 31 of the Law on Denunciation. The head of the inspecting authority or another organization/individual assigned to verify the denunciation shall establish a verification team as prescribed in Clause 1 of this Article.

3. The denunciation handler or the head of the inspecting authority or another organization/individual assigned to verify the denunciation  shall not appoint persons who have spouses, biological fathers or mothers, adoptive fathers or mothers, mothers or fathers in law, natural or adoptive children, sons or daughters in law, natural younger or older brothers/sisters who are denounced parties or whose interests are in direct connection with denounced parties as the head of the verification team or members thereof.

The head and members of the verification team shall notify the person assigning the verification task if they are the ones specified in Clause 2 Article 5 of this Decree.

Article 11. In-person meeting with denouncers

1. The denunciation handler and verification team shall hold an in-person meeting with the denouncer and request him/her to provide information, documents and evidence to clarify denunciation contents.

The denouncer shall honestly state the denunciation, cooperate and provide information and documents relating to the denunciation.

2. There must be a minutes of in-person meeting with the denouncer. The minutes shall bear signatures of the denouncer and person in charge of having a meeting with the denouncer. The minutes shall be made into at least 02 copies, one is sent to the denouncer (if the denouncer so requests) and one is included in the denunciation case file. In case the denouncer does not sign the minutes of meeting, the person in charge of having a meeting with the denouncer and other members of the verification team shall sign the minutes of meeting and clearly specify the denouncer’s failure to sign it. The minutes of meeting shall be made using the Form No. 08 in the Appendix hereof.

3. In case of failure to have an in-person meeting with the denouncer for objective reasons, the denunciation handler, person issuing the decision on establishment of verification team or head of the verification team shall request the denouncer in writing to provide information, documents and evidence to clarify denunciation contents.

Article 12. In-person meeting with denounced parties

1. The denunciation handler and verification team shall hold an in-person meeting with the denounced party; request the denounced party to explain denunciation contents in writing and provide information, documents and evidence relating to the denounced contents and explanations.

2. A minutes of meeting with the denounced party shall be made using the Form No. 08 in the Appendix hereof. The minutes shall bear signatures of the denounced party and person in charge of having a meeting with the denounced party and be made into at least 02 copies, one is sent to the denounced party (if the denounced party so requests) and one is included in the denunciation case file.

3. In case the information, documents and evidence provided by the denounced party are insufficient and explanation is not clearly provided, the verification team shall request the denounced party to keep providing information, documents and evidence, and explain unclear issues.

Article 13. Requesting organizations and individuals to provide information, documents and evidence relating to denunciation contents

1. The denunciation handler or person issuing the decision on establishment of verification team or verification team shall request organizations/individuals to provide relevant information, documents and evidence to clarify denunciation contents.

2. Where necessary, the verification team shall directly work with organizations/individuals to collect information, documents and evidence relating to denunciation contents. A minutes of meeting shall be made using the Form No. 08 in the Appendix hereof. The minutes of meeting shall bear signatures of representative of the verification team and representatives of organizations/individuals providing information, documents and evidence and be made into 02 copies, one is sent to organizations and individuals providing information, documents and evidence and one is included in the denunciation case file.

3. Any organization or individual that has information, documents and evidence relating to denunciation contents shall promptly and sufficiently provide them at the request of the denunciation handler, person issuing the decision on establishment of verification team or verification team.

Article 14. Site verification

1. According to the circumstances or direction given by the person issuing the decision on establishment of verification team, the verification team shall carry out site verification in necessary locations to collect, inspect and determine the accuracy and legitimacy of information, documents and evidence relating to denunciation contents.

2. The site verification shall be made into a record which fully specifies verification results and comments of persons taking part in verification and other persons concerned. The minutes shall be made using the Form No. 08 in the Appendix hereof, bear signatures of verifiers and relevant persons and be included in the denunciation case file.

Article 15. Soliciting expert assessment

1. If it is necessary to assess the professional and technological contents to form a basis for giving a conclusion about denunciation contents and taking actions against the denounced violation, the denunciation handler shall decide to solicit expertise assessment.

2. Expertise assessment shall be solicited in writing, specifying name of the soliciting organization, contents to be under expertise assessment and requested time limit of sending the expertise assessment conclusion. The written expertise assessment shall be sent to the denunciation handler, denouncer and relevant organizations and individuals. The written expertise assessment shall be made using the Form No. 09 in the Appendix hereof.

In case of assigning the state inspecting authority to verify denunciation contents, the denunciation handler may authorize it to decide to solicit expertise assessment.

3. The soliciting organization shall be responsible to the law for the accuracy, objectivity and promptness of the expertise assessment results.

4. The time limit for expertise assessment shall not be added to the time limit for settling denunciations;

Article 16. Publishing results of denunciation content verification

1. The head of the verification team shall send a notification of verification results to the person issuing decision on establishment of the verification team. Members of the verification shall discuss and comment on the notification.

2. The verification team’s notification shall contain at least:

a) Summary of denunciation contents;

b) Result of verification of each denunciation content;

c) Explanations (if any) given by the denounced party;

d) Proposed assessment that a denunciation content is correct, partially correct or untruthful; responsibilities of each organization and individual related to the denunciation contents;

dd) Recommended actions against violators; necessary measures for protecting the interests of the State, legitimate rights and interests of organizations and individuals.

The verification team’s notification of verification results shall be made using the Form No. 10 in the Appendix hereof.

3. During the verification, if any crime is suspected, the head of the verification team shall immediately notify the person issuing the decision on establishment of the verification team. The person issuing the decision on establishment of the verification team shall promptly notify the denunciation handler for consideration.

4. The head of the organization assigned to verify denunciation contents shall notify the denunciation handler of verification results. The notification of verification results shall be made using the Form No. 11 in the Appendix hereof.

5. In case it is required to carry out verification to re-settle a denunciation, apart from the contents specified in Clause 2 of this Article, the notification of the verification team and notification of the organization/individual assigned to carry out verification shall clearly specify violations against the law, mistakes or non-conformity that previously arose from the settlement of denunciation (if any) and recommended measures for taking actions against the organization or individual that violates the law during the process of settling the denunciation previously (if any).

6. Any organization or individual assigned to carry out verification shall be responsible to the law and the person assigning the verification task for the accuracy and objectivity of the report on denunciation content verification.

Article 17. Giving conclusions about denunciation contents

1. The conclusion about denunciation contents shall be given according to Article 35 of the Law on Denunciation and Form No. 12 in the Appendix hereof.

2. In case it is required to re-settle a denunciation, apart from the contents specified in Clause 1 of this Article, the denunciation handler shall give conclusions about violations against the law, mistakes or non-conformity that previously arose from the settlement of denunciation (if any); take actions against the organization or individual that violates the law during the process of settling the denunciation previously (if any) within its/his/her power or direct or recommend a competent organization or individual to do so.

Article 18. Handling conclusions about denunciation contents

1. Conclusions about denunciation contents shall be handled as prescribed in Article 36 of the Law on Denunciation. The denunciation handler shall, according to the nature and degree of the violation, take actions against violators and take remedial actions within its/his/her power or direct or recommend a competent organization or individual to do so.

2. The denunciation handler shall supervise and expedite the implementation of the denunciation conclusion or assign a state inspecting authority at the same level to do so.

In case of assigning a state inspecting authority at the same level to supervise and expedite the implementation of the denunciation conclusion, the state inspecting authority shall submit monthly reports result thereof to the denunciation handler.

Article 19. Procedures for settling denunciations of violations against the law during performance of duties in case they are adequately specific and include evidences and grounds for immediate settlement

Regarding a denunciation that is adequately specific and includes evidences and grounds for immediate settlement, the denunciation handler shall accept the denunciation, verify the denunciation contents itself/himself/herself, give a conclusion about denunciation contents, and take actions against the denounced violation against the law within its/his/her power or recommend a competent organization or individual to do so.

Section 2. Settling denunciations and denunciations sent by press agencies and competent organizations and individuals

Article 20. Settling denunciations and denunciations sent by press agencies and competent organizations and individuals

1. Upon receiving a denunciation as prescribed in Clause 2 Article 25 of the Law on Denunciation or denunciation that is ineligible for acceptance as prescribed in Point b Clause 1 Article 26 of the Law on Denunciation, the recipient shall classify and assess the nature and degree of the denunciation case, if it falls within the recipient's jurisdiction, decide to carry out inspection; if it falls outside the recipient's jurisdiction, transfer the denunciation to a competent organization or individual for inspection.

2. Procedures for carrying out inspection and publishing inspection results shall comply with regulations on inspection and other relevant regulations.

3. Upon receiving the denunciation, the competent organization or individual shall notify the denunciation settlement result to the press agency, competent organization or individual that sent the denunciation.

Section 3. TAKING DISCIPLINARY ACTIONS AGAINST OFFICIALS AND PUBLIC EMPLOYEES THAT COMMIT VIOLATIONS

Article 21. Rules for taking disciplinary actions against officials and public employees that commit violations

1. Any denunciation handler or denouncer that is an official or public employee that commits violations against the law on denunciation shall, according to the nature and degree of their violations, incur disciplinary penalties according to regulations of law and Articles 22 and 23 of this Decree or incur criminal prosecution. In case of causing any damage, they shall provide compensation in accordance with regulations on State compensation liability.

2. Rules, power and procedures for taking take disciplinary actions and other relevant regulations shall comply with regulations on disciplinary actions against officials and public employees.

Article 22. Taking disciplinary actions against denunciation handlers

1. A denunciation handler shall be issued with a reprimand if he/she commits one of the following violations against the law:

a) Abuse his/her position or power to settle denunciations to commit illegal acts;

b) Fail to assume or fully assume the responsibility to protect the denouncer, therefore, the denounced party is taken revenge on or victimized.

2. A denunciation handler shall be issued with a warning if he/she commits one of the following violations against the law:

a) Disclose the denouncer’s name, address and autograph or other information which may reveal his/her identity;

b) Deliberately fail to accept denunciations, fail to give conclusions about denunciation contents; fail to decide to settle denunciations within its/his/her power or fail to recommend a competent person to settle denunciations.

3. A denunciation handler shall be dismissed if he/she commits one of the following violations against the law:

a) Deliberately fail to settle denunciations or deliberately settle denunciations against the law, thereby disturbing social order and threatening security;

b) Deliberately ignore evidence, omit information and documents, lose or falsify case files; protect the denounced party that disturbs social order and threatens security;

c) Fail to adopt measures to protect the denouncer within his/her power, therefore, the denouncer is taken revenge on or victimized, thus resulting in deliberate infliction of bodily harm with an infirmity rate of at least 61% or death.

Article 23. Taking disciplinary actions against denouncers that are officials and public employees

Any official or public employees who knows that the denunciation is made in an untruthful manner but still makes the denunciation many times or knows that the denunciation has been settled by a competent authority or person in accordance with law but still makes the denunciation many times without providing any evidence for the denunciation contents; force, persuade, incite, counsel or bribe another to make untruthful denunciations; use another person’s name to make denunciations, thereby harming internal solidarity or affecting prestige and normal operation of organizations and units, shall, according to the nature and degree of his/her violation, incur disciplinary penalties or criminal prosecution.