Phụ lục Nghị định số 31/2019/NĐ-CP

DECREE

GUIDELINES FOR IMPLEMENTATION OF THE LAW ON DENUNCIATION

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Denunciation dated June 12, 2018;

At the request of the Inspector-General;

The Government hereby promulgates a Decree to provide guidelines for implementation of the Law on Denunciation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates:

1. The following Chapters, Articles and Clauses of the Law on Denunciation:

a) Article 30 on time limit for settling denunciations;

b) Article 33 on withdrawal of denunciations

c) Clause 5 of Article 38 on settling denunciations in case they are yet to be settled after the prescribed time limit;

d) Article 40 on publishing denunciation conclusions and decisions to take actions against denounced violations;

dd) Chapter VI on protection of denouncers.

2. Measures for organizing implementation of the Law on Denunciation, including:

a) Procedures for settling denunciations;

b) Settling denunciations and receiving and settling denunciations sent by press agencies, competent organizations and individuals;

c) Taking disciplinary actions against officials and public employees that commit violations.

Article 2. Regulated entities

This Decree applies to individuals that make denunciations; organizations and individuals whose acts are denounced; organizations and individuals that have the power to settle denunciations and other organizations and individuals involved in settling denunciations and protecting denouncers.

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.

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.

Chapter IV

IMPLEMENTATION CLAUSES

Article 24. Effect

1. This Decree comes into force from May 28, 2019.

2. The Government’s Decree No. 76/2012/ND-CP dated October 03, 2012 on elaboration of some Articles of the Law on Denunciation is null and void from the effective date of this Decree.

Article 25. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals are responsible for the implementation of this Decree./.

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