Promulgating the Law on Denunciation
15:17 14/08/2018
On June 12, 2018, the National Assembly promulgates the Law on Denunciation. This Law provides for denunciation and settlement of denunciations of violations against the law during performance of duties and other violations against the law related to state management of fields; protection of denouncers and responsibilities of organizations for management of denunciation settlement.
According to the Law, denunciation is defined as an individual, according to the procedures prescribed by this Law, notifying 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 against the law during performance of duties and denunciation of violations against the law related to state management of fields.
Regarding to power to settle denunciations of violations against law committed by state administrative agencies during performance of their duties, the President of People’s Committee of the commune has the power to settle denunciations of violations against the law committed by public officials under his/her management during performance of their duties.
The President of People’s Committee of the district has the power to: settle denunciations of violations against the law committed by the President or Deputy President of the People’s Committee of the commune, and other officials, public officials and public employees appointed by President of the People's Committee of the district or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under the management of the People’s Committee of the district during performance of their duties.
The head of the specialized agency affiliated to the People's Committee of the province has the power to: settle denunciations of violations against the law committed by the head or deputy head of the affiliate, and other public officials and public employees appointed by the head of the specialized agency affiliated to the People's Committee of the province or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The President of People’s Committee of the province has the power to: settle denunciations of violations against the law committed by the President or Deputy President of People’s Committee of the district, head or deputy head of the specialized agency affiliated to the People’s Committee of the province, and other public officials and public employees appointed by the President of People’s Committee of the province or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The Director General, Director or equivalent position of a Ministry and ministerial agency that is assigned to manage officials, public officials and public officials has the power to: settle denunciations of violations against the law committed by the head or deputy head of the affiliate of the General Department, Department or equivalent agency, and other public officials and public employees appointed by the Director General, Director or equivalent position of a Ministry and ministerial agency or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The head of a Governmental agency has the power to: settle denunciations of violations against the law committed by the head or deputy head of the affiliate of Governmental agency, and other public officials and public employees appointed by the head of the Governmental agency or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The Minister or the head of a ministerial agency has the power to: settle denunciations of violations against the law committed by the head or deputy head of the Governmental agency, affiliate of Ministry and ministerial agency, and other public officials and public employees appointed by the Minister or head of ministerial agency or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The Prime Minister has the power to: settle denunciations of violations against the law committed by Ministers, Deputy Ministers, heads or deputy heads of ministerial agencies, Governmental agencies, Presidents or Deputy Presidents of People’s Committees of provinces, and other officials, public officials and public employees appointed by the PM or under the management of the PM during performance of their duties; settle denunciations of violations against the law committed by organizations under the Prime Minister’s management during performance of their duties.
Procedures for settling denunciations are as follow: accepting a denunciation; verifying the denunciation; giving a conclusion about the denunciation and handling the denunciation conclusion issued by the denunciation handler.
About the time limit for settling denunciations, 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. In a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.
This Law comes into force from January 01, 2019. The Law on Denunciation No. 03/2011/QH13 is null and void from the effective date of this Law. The denunciations that are being accepted and considered and are yet to be concluded before the effective date of this Law will continue to be settled as prescribed by the Law on Denunciation No. 03/2011/QH13.
Regarding to power to settle denunciations of violations against law committed by state administrative agencies during performance of their duties, the President of People’s Committee of the commune has the power to settle denunciations of violations against the law committed by public officials under his/her management during performance of their duties.
The President of People’s Committee of the district has the power to: settle denunciations of violations against the law committed by the President or Deputy President of the People’s Committee of the commune, and other officials, public officials and public employees appointed by President of the People's Committee of the district or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under the management of the People’s Committee of the district during performance of their duties.
The head of the specialized agency affiliated to the People's Committee of the province has the power to: settle denunciations of violations against the law committed by the head or deputy head of the affiliate, and other public officials and public employees appointed by the head of the specialized agency affiliated to the People's Committee of the province or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The President of People’s Committee of the province has the power to: settle denunciations of violations against the law committed by the President or Deputy President of People’s Committee of the district, head or deputy head of the specialized agency affiliated to the People’s Committee of the province, and other public officials and public employees appointed by the President of People’s Committee of the province or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The Director General, Director or equivalent position of a Ministry and ministerial agency that is assigned to manage officials, public officials and public officials has the power to: settle denunciations of violations against the law committed by the head or deputy head of the affiliate of the General Department, Department or equivalent agency, and other public officials and public employees appointed by the Director General, Director or equivalent position of a Ministry and ministerial agency or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The head of a Governmental agency has the power to: settle denunciations of violations against the law committed by the head or deputy head of the affiliate of Governmental agency, and other public officials and public employees appointed by the head of the Governmental agency or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The Minister or the head of a ministerial agency has the power to: settle denunciations of violations against the law committed by the head or deputy head of the Governmental agency, affiliate of Ministry and ministerial agency, and other public officials and public employees appointed by the Minister or head of ministerial agency or under his/her management during performance of their duties; settle denunciations of violations against the law committed by organizations under his/her management during performance of their duties.
The Prime Minister has the power to: settle denunciations of violations against the law committed by Ministers, Deputy Ministers, heads or deputy heads of ministerial agencies, Governmental agencies, Presidents or Deputy Presidents of People’s Committees of provinces, and other officials, public officials and public employees appointed by the PM or under the management of the PM during performance of their duties; settle denunciations of violations against the law committed by organizations under the Prime Minister’s management during performance of their duties.
Procedures for settling denunciations are as follow: accepting a denunciation; verifying the denunciation; giving a conclusion about the denunciation and handling the denunciation conclusion issued by the denunciation handler.
About the time limit for settling denunciations, 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. In a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.
This Law comes into force from January 01, 2019. The Law on Denunciation No. 03/2011/QH13 is null and void from the effective date of this Law. The denunciations that are being accepted and considered and are yet to be concluded before the effective date of this Law will continue to be settled as prescribed by the Law on Denunciation No. 03/2011/QH13.