Decree 156/2026/ND-CP amend Decree 31/2019/ND-CP detailing the Law on Denunciations

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 31/2019/ND-CP of April 10, 2019, detailing a number of articles of, and providing measures to implement, the Law on Denunciations¹

Pursuant to Law No. 63/2025/QH15 on Organisation of the Government;

Pursuant to Law No. 25/2018/QH14 on Denunciations;

Pursuant to Law No. 136/2025/QH15 Amending and Supplementing a Number of Articles of the Law on Reception of Citizens, the Law on Complaints, and the Law on Denunciations;

At the proposal of the Government Inspector-General;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 31/2019/ND-CP of April 10, 2019, detailing a number of articles of, and providing measures to implement, the Law on Denunciations

Article 1. To amend and supplement Article 4 as follows:

“Article 4. Withdrawal of denunciations

1. A written request for denunciation withdrawal must clearly state the date; full name and address of the denunciation withdrawer; contact method; and withdrawn denunciation contents, bear the signature or fingerprint of the withdrawer, and shall be made according to Form No. 02 provided in the Appendix to this Decree.

2. A written record of opinions on denunciation withdrawal shall be made by the denunciation settler or the person checking and verifying information on the denunciator and denunciation acceptance conditions or denunciation content verifiers or the recipient of the request for denunciation withdrawal when working directly with the denunciator who withdraws his/her denunciation.

The written record of opinions on denunciation withdrawal must bear the signature or fingerprint of the denunciator who withdraws his/her denunciation and shall be made according to Form No. 03 provided in the Appendix to this Decree.

3. In case more than one person have jointly made a denunciation but later one or some or all of them wish(es) to withdraw the denunciation, the withdrawal of the denunciation must comply with Clause 1 or 2 of this Article.

4. Even when a denunciator withdraws his/her denunciation, the denunciation settler shall still continue settling the denunciation if finding, after reviewing the collected dossiers, documents and information, one of the following grounds:

a/ The denounced act shows signs of law violation;

b/ There is a ground to believe that the denunciator withdraws his/her denunciation because he/she is intimidated, coerced or bought off;

c/ There is a ground to believe that the denunciator has taken advantage of the denunciation to slander, offend or cause damage to the denounced.

5. When settling a denunciation under Clause 3, Article 33 of the Law on Denunciations, the denunciation settler shall apply according to his/her/its competence or request a competent agency, organisation or person to apply measures to protect the denunciator in accordance with law; and handle the person who intimidates or buys off the denunciator or takes advantage of the denunciation to slander, offend or cause damage to the denounced in accordance with law.”

Article 2. To amend and supplement Clauses 1 and 2, Article 15 as follows:

“1. When deeming it necessary to obtain expert opinions on contents related to professional or technical matters for use as a basis for making conclusions on denunciation contents and handling denounced violations, denunciation settlers shall decide to solicit expert assessment or authorise the agencies or organisations assigned to verify denunciation contents on the solicitation of expert assessment.

2. The solicitation of expert assessment shall be made in writing, clearly stating the name of the agency or organisation requested to conduct expert assessment; contents requested for assessment; and the deadline for sending assessment conclusions. The document on solicitation of expert assessment, made according to Form No. 09 provided in the Appendix to this Decree, shall be sent to the denunciation settler, the denunciator and related agencies, organisations and persons.”

Article 3. To amend and supplement Clause 2, Article 18 as follows:

“2. Denunciation settlers shall monitor and urge the implementation of conclusions on denunciation contents or assign inspection agencies of the same level or advisory units to do so. Inspection agencies at the same level or advisory units shall monitor and urge the implementation of conclusions on denunciation contents and report implementation results to denunciation settlers.”

Article 4. To add Article 19a below Article 19 as follows:

“Article 19a. Application of information technology and digital transformation in the settlement of denunciations

1. Competent agencies, organisations and individuals shall apply information technology and digital transformation to update, monitor, manage, store, connect and share data on the settlement of denunciations in accordance with law.

2. Information and data on the process of handling and settling denunciations shall be promptly updated on the national database on reception of citizens, handling of petitions and settlement of complaints and denunciations.

3. The application of information technology and digital transformation in the settlement of denunciations must ensure publicity, transparency, cybersecurity, personal data protection and comply with regulations on protection of state secrets.”.

Article 5. To amend and supplement Article 21 as follows:

“Article 21. Principles of disciplining cadres, civil servants and public employees that violate the law on denunciations

1. Denunciation settlers, denunciation content verifiers, denunciation recipients and denunciators being cadres, civil servants or public employees who commit violations of the law on denunciations shall, depending on the nature and severity of their violations, be disciplined in accordance with law and Articles 22 and 23 of this Decree or examined for penal liability. If causing damage, they shall pay compensation in accordance with the law on state compensation liability.

2. The principles, competence, order and procedures for disciplining and other relevant matters must comply with the regulations on disciplining of cadres, civil servants and public employees.”.

Article 6. To amend and supplement Article 22 as follows:

“Article 22. Disciplining of denunciation settlers, denunciation content verifiers and denunciation recipients

1. Reprimand shall be applied to a denunciation settler, denunciation content verifier or denunciation recipient who commits one of the following violations:

a/ Failing to discharge or improperly discharging the responsibility to protect denunciators, resulting in retaliation or bullying against denunciators, except cases specified in Point b, Clause 3 and Point d, Clause 4 of this Article;

b/ Obstructing, causing difficulties or harassment to denunciators;

c/ Being irresponsible in denunciation settlement;

d/ Covering up the denounced, except the case specified in Point c, Clause 4 of this Article.

2. Caution shall be applied to a denunciation settler, denunciation content verifier or denunciation recipient who commits one of the following violations:

a/ Repeating a violation after having been disciplined in the form of reprimand under Clause 1 of this Article

b/ Disclosing the full name, address or autograph of a denunciator and other information revealing his/her identity unless the denunciator refuses measures to protect information confidentiality;

c/ Intentionally refusing to accept denunciations or failing to make conclusions on denunciation contents; failing to decide on denunciation settlement according to their competence or failing to propose competent persons to settle denunciations;

d/ Abusing his/her position and powers in the denunciation settlement to commit an illegal act;

dd/ Intimidating, buying off, retaliating, bullying or insulting denunciators;

e/ Failing to apply measures to protect a denunciator within his/her competence, resulting in the retaliation or bullying against the denunciator who consequently is injured or suffers from health damage with an injury rate of between 31% and under 61%, except the case specified in Point b, Clause 3 of this Article.

3. Dismissal shall be applied to a denunciation settler, denunciation content verifier or denunciation recipient holding a leading or managerial position who commits one of the following violations:

a/ Repeating a violation after having been disciplined in the form of caution under Clause 2 of this Article;

b/ Failing to apply measures to protect a denunciator within his/her competence, resulting in the retaliation or bullying against the denunciator who consequently is injured or suffers from health damage with an injury rate of between 31% and under 61%.

4. Forced cessation of employment or removal from office shall be applied to a denunciation settler, denunciation content verifier or denunciation recipient holding a leading or managerial position who commits one of the following violations:

a/ Repeating a violation after having having been disciplined in the form of dismissal, for civil servants holding leading or managerial positions, or caution, for civil servants not holding leading or managerial positions;

b/ Intentionally failing to settle or settling in an unlawful manner a denunciation, causing social instability, disorder or insecurity;

c/ Intentionally ignoring evidence, omitting information or documents, or losing or falsifying case files and documents during denunciation settlement, leading to incorrect determination of the violation or severity of the violation committed by the denounced toward mitigating or excluding liability; or covering up the denounced, thus causing social instability, disorder or insecurity;

d/ Failing to apply measures to protect a denunciator within his/her competence, resulting in the retaliation or bullying against the denunciator who consequently is injured or suffers from health damage with an injury rate of 61% or higher, or dies.”.

Article 7. To amend and supplement Article 23 as follows:

“Article 23. Disciplining of denunciators who are cadres, civil servants or public employees

1. Reprimand shall be applied to a denunciator who commits one of the following violations:

a/ Making a denunciation despite clearly knowing that the denunciation is untruthful;

b/ Making a denunciation without any evidence to prove the denunciation content despite knowing that the matter concerned has been settled by a competent agency or person in conformity relevant policies and laws;

c/ Enticing, inciting or luring another person to make an untruthful denunciation.

2. Caution shall be applied to a denunciator who commits one of the following violations:

a/ Repeating a violation after having been disciplined in the form of reprimand under Clause 1 of this Article;

b/ Coercing or buying off another person to make an untruthful denunciation;

c/ Using another person’s full name to make a denunciation, except the case specified in Point b, Clause 3 of this Article.

3. Dismissal shall be applied to a denunciator holding a leading or managerial position who commits one of the following violations:

a/ Repeating a violation after having been disciplined in the form of caution under Clause 2 of this Article;

b/ Using another person’s full name to make a denunciation, affecting normal operations of an agency, organization or unit or sowing internal disunity.

4. Forced cessation of employment or removal from office shall be applied to a denunciator who commits one of the following violations:

a/ Repeating a violation after having been disciplined in the form of dismissal, for denunciators holding leading or managerial positions, or caution, for denunciators not holding leading or managerial positions;

b/ Taking advantage of the right to denunciation to carry out communications against the State or infringe upon the State’s interests; disrupting public security and order;

c/ Taking advantage of the denunciation to distort the truth, slander, fabricate accusations, attack others, and sow divisions and internal disunity, or making denunciations once and again with malicious intent.”.

Article 8. To replace a number of forms promulgated together with the Government’s Decree No. 31/2019/ND-CP of April 10, 2019, detailing a number of articles of, and providing measures to implement, the Law on Denunciations

To replace Forms No. 02 and No. 03 provided in the Appendix to the Government’s Decree No. 31/2019/ND-CP of April 10, 2019, detailing a number of articles of, and providing measures to implement, the Law on Denunciations with Forms No. 02 and No. 03 provided in the Appendix to this Decree.

Article 9. Effect

This Decree takes effect on July 1, 2026.

Article 10. Transitional provisions

1. For denunciations for which acceptance decisions have been issued before the effective date of this Decree and which are currently under review and settlement, provisions on denunciation settlement in this Decree shall apply, except cases specified in Clause 2 of this Article.

2. For violations in the field of denunciation settlement which have been detected before the effective date of this Decree and are currently under review and handling, if disciplining decisions have yet to be issued, the provisions on disciplining in the Government’s Decree No. 31/2019/ND-CP of April 10, 2019, detailing a number of articles of, and providing measures to implement, the Law on Denunciations or the provisions of this Decree shall apply, whichever is more favourable to the violator.

Article 11. Implementation responsibility

Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations, and persons shall implement this Decree.

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE TIEN CHAU

* The Appendix to this Decree is not translated.