Consulting on denunciation in Vietnam

Denunciation in Vietnam is becoming more and more popular and receiving attention from a large number of people. To detect, prevent, and promptly limit all acts of violating the law that affect the rights and interests of the state, citizens, enterprises, and organizations, Vietnamese law empowers individuals with the right to denounce. The denunciation which is a document used to denounce violations of the law by any individual or organization to the competent authority needs to be drafted by the law. In the article below, Viet An Law Firm will provide the clients with some information about consulting on denunciation in Vietnam.

What is the denunciation?

According to Law on Denunciation 2018, the essence of denunciation is the expression of the relationship between the State and citizens in which an individual, according to the procedures prescribed by this Law, notifies a competent organization or individual of a violation committed by any organization or individual which causes or threatens to cause damage to the State interests or legitimate rights and interests of organizations and individuals,  including:

• Denunciation of violations of the law during the performance of duties.
• Denunciation of violations of the law related to state management of fields.

For example:

Denunciation of bribery by commune cadastral officials; denounce corrupt behavior of Tax Department officials; denounce the act of abusing the position and powers of the Chairman of the District People’s Committee.

Denunciation procedure

This procedure is carried out based on the regulations of the documents below:

• Law on Denunciations 2018, as amended and supplemented in 2020.
• Decree 31/2019/ND-CP detailing the implementation of several articles of Denunciations Law 2018.
• Circular 05/2021/TT-TTCP regulating the process of handling complaints, denunciations, petitions, and feedback.

Denouncers

To individualize responsibility, a denouncer can be any individual.

Subject of denunciation

• Violations of the law during the performance of duties.
• Violations of the law related to state management of fields, except for violations of the law during the performance of duties.

Competent authority

• The head of the organization has the power to manage the officials, public officials, or public employees.
• The head of the supervisory organization.
• The head of the organization managing the denounced official, public official, or public employee in cooperation with the heads of relevant organizations.
• The agency conducting the proceedings shall resolve the matter according to the regulations of law on criminal proceedings.

Applying Method

• Apply directly at a competent authority.
• Send the application via postal service to the competent authority or online via the electronic information portal (if any).

Accepting time

• In case the denunciation is within the organization or individual’s jurisdiction: Within 10 days, the competent authority shall check and verify the full name, and address of the denouncers and decide on acceptance; in cases where inspection and verification are required at multiple locations, the time limit shall not exceed 15 days.
• In case the denunciation is outside the organization or individual’s jurisdiction: Within 05 working days from the receipt of the denunciation form, the organization or individual shall transfer to the competent authority. In case the denouncer directly submits a denunciation, the recipient shall instruct the denouncer to submit the denunciation form to a competent authority.

Processing time

• A denunciation shall be settled within 30 days from the date on which it is accepted;
• Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days.
• Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.

Legal responsibility

The denouncer must be responsible for the denunciation information. In case of wrong denunciation (slander), depending on the severity, they can be handled administratively or criminally.

Legal consequences after denunciation settlement

• If the denounced party violates the law, the denunciation handler shall take action against such denounced party within the power or request a competent organization or individual to do so.
• If the denounced violation is suspected of a crime, immediately transfer the case file to a competent investigating authority or competent People’s Procuracy.
• If the denounced party does not violate the law, the denunciation handler shall send a written notice to the denounced party, manage the organization; infringed legitimate rights and interests restored; and request a competent organization or individual to take action against any person who deliberately makes an untruthful denunciation.

Difference between complaint and denunciation

Complaint and denunciation are both methods to ensure the legitimate rights and interests of individuals and organizations and to prevent and handle infringements. However, there are certain differences between these two procedures.

Procedure for denunciation

Step 1: Prepare the denunciation dossier

To have a basis for settlement, the denouncer prepares the denunciation form with the prescribed contents. The denunciation content must have a basis to identify violators and violations of the law.

Step 2: Apply the denunciation dossier

The denouncer applies the denunciation form directly to the competent authority or sends it by post. The denunciation dossier includes the denunciation form and relevant documents. The determination of jurisdiction will be based on the regulations of Denunciations Law.

Step 3: Accept and verify the content of the denunciation

A denunciation handler shall issue a denunciation decision if the conditions in Article 23 of Denunciations Law are satisfied, and within 05 working days from the issuance date of the decision on denunciation acceptance, notify the denouncer and the denounced party. The denunciation handler shall verify or assign an inspecting authority at the same level or another organization/individual to verify the denunciation. The denunciation verifier shall adopt necessary measures to collect information and documents to clarify the denunciation. After the verification, the assignee shall send a written notice of the verification result and proposed remedial measures to the denunciation handler.

Step 4: Give conclusions about the denunciation and handle denunciation conclusions

According to the denunciation and explanation provided by the denounced party, the result of denunciation verification, and relevant documents and evidence, the denunciation handler shall issue a denunciation conclusion having information in Denunciations Law. 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:

• In case it is concluded that the denounced party does not commit any violation of the law during the 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 the power or request a competent organization or individual to do so;
• In case it is concluded that the denounced party violates the law during the performance of duties, the denunciation handler shall take actions against such denounced party within the power or request a competent organization or individual to do so;
• In case the denounced violation is suspected of a crime, immediately transfer the case file to a competent investigating authority or competent Procuracy to handle following the law.

Some notes for denunciation in Vietnam

Notes about the content of the denunciation

When using the services of Viet An Law Firm, we will advise on writing a denunciation form; dossier, and denunciation procedures and assist clients in preparing documents and records according to regulations. To ensure the denunciation form is complete, accurate, and meets the requirements, clients need to prepare and provide us with the following information:

• Personal information or information to identify the client’s identity: full name, job, gender, address (permanent/temporary residence), phone number, and other personal information.
• Name and address of the agency, organization, or individual being denounced.
• Content of denunciation: Please provide information about the violations of the individual, agency, or organization being denounced, the content of the case, and evidence so that Viet An Law Firm will provide specific advice on the legality of the denounced act based on legal and practical grounds.
• Consideration and request of the clients.
• Documents related to the denunciation content, documents, and accompanying valuable evidence (if any).

Notes about the requirement of the denunciation

The denunciation is effectively handled by a competent authority when it meets some requirements. Therefore, clients should note:

• The denouncer has full capacity for civil acts. In case they do not have full civil act capacity, the denouncer must have a representative according to the regulations of law.
• Clearly define the authority to resolve denunciations of enterprises, organizations, and individuals to apply denunciation forms and related documents.
• Note that the denunciation form’s content is complete and clear, and has a legal signature and fingerprint. The denunciation content has a basis to identify violators and violations of the law.

Consulting service for denunciations of Viet An Law Firm

To ensure the denunciation form is accurate, complete, and by the law, and to protect the rights of the denouncer; finding a unit that provides legal services, supports document drafting, and works with the competent authorities is extremely necessary. Using Viet An Law Firm’s services, clients will receive:

• Consulting on denunciation in Vietnam as requested.
• Consulting on the dossier and denunciation procedures.
• Support clients in carrying out administrative procedures related to denunciations.
• Representing outside of litigation for clients to monitor the denunciation process and respond to the competent authority as requested.

If you have any related questions or need support in consulting on denunciation in Vietnam, please contact Viet An Law Firm for quick and effective support!