Decree No. 31/2019/ND-CP detailing the Law on Denunciations

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Decree No. 31/2019/ND-CP dated April 10, 2019 of the Government on detailing a number of articles of, and measures to implement, the Law on Denunciations

Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	31/2019/ND-CP	Signer:	Nguyen Xuan Phuc
Type:	Decree	Expiry date:	Updating
Issuing date:	10/04/2019	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Justice

SUMMARY

Dismiss the handler let denouncer be revenged with an infirmity rate from 61%

The Government issues the Decree No. 31/2019/ND-CP on guidelines for implementation of the law on denunciation on April 10, 2019.

Accordingly, this Decision regulates 03 form of sanction for denunciation handler are reprimand, warning, dismissed.

For the highest sanction of dismissed, it shall be apply for the competent handler if he/she commits one of these following violations:

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

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

Specially, the handler 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 shall be dismissed.

In this Decision also states the criteria to determine the complicated case. If one of the following criteria is met: the denunciation is aimed at 02 contents or more that have to be verified; multiple denouncers make a denunciation aimed at the same content or the denunciation contents are related to rights and interests of multiple persons…the case shall be determined as complicate. A case shall be deemed particularly complicated if at least 02 criteria of complicated case are met.

This Decree takes effect on May 28, 2019.

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Effect status: Known

THE GOVERNMENT		THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 31/2019/ND-CP		Hanoi, April 10, 2019

DECREE

Detailing a number of articles of, and measures to implement, the Law on Denunciations^{^[1]}

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

Pursuant to the June 12, 2018 Law on Denunciations;

At the proposal of the Government Inspector-General,

The Government promulgates the Decree detailing a number of articles of, and measures to implement, the Law on Denunciations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details:

1. The following chapters, articles and clauses of the Law on Denunciations:

a/ Article 30 on the time limit for denunciation settlement;

b/ Article 33 on withdrawal of denunciations;

c/ Clause 5, Article 38 on settlement of denunciations that remain unsettled upon the expiration of the time limit for denunciation settlement;

d/ Article 40 on publicity of conclusions on denunciation contents and decisions on handling of denounced violations;

dd/ Chapter VI on protection of denunciators.

2. Measures to implement the Law on Denunciations, including:

a/ Order and procedures for denunciation settlement;

b/ Processing of information with denunciation contents and receipt and settlement of denunciations transferred by press agencies or competent agencies, organizations or persons;

c/ Disciplining of cadres, civil servants and public employees that commit violations.

Article 2. Subjects of application

This Decree applies to denunciators; agencies, organizations and persons whose acts are denounced; agencies, organizations and persons competent to settle denunciations and other agencies, organizations and persons involved in the settlement of denunciations and protection of denunciators.

Chapter II

PROVISIONS DETAILING A NUMBER OF ARTICLES OF THE LAW ON DENUNCIATIONS

Section 1

TIME LIMIT FOR DENUNCIATION SETTLEMENT; WITHDRAWAL OF DENUNCIATIONS; SETTLEMENT BY HEADS OF DIRECT SUPERIOR AGENCIES OR ORGANIZATIONS OF DENUNCIATIONS WITHIN COMPETENCE OF SUBORDINATE AGENCIES OR ORGANIZATIONS IN CASE THESE DENUNCIATIONS REMAIN UNSETTLED UPON THE EXPIRATION OF THE TIME LIMIT FOR DENUNCIATION SETTLEMENT; PUBLICITY OF CONCLUSIONS ON DENUNCIATION CONTENTS AND DECISIONS ON HANDLING OF DENOUNCED VIOLATIONS

Article 3. Time limit for denunciation settlement

1. The time limit for denunciation settlement must comply with Clause 1, Article 30 of the Law on Denunciations. The prolongation of the time limit for denunciation settlement for complicated cases and particularly complicated cases must comply with Clauses 2 and 3, Article 30 of the Law on Denunciations.

2. A complicated case is a case satisfying one of the following criteria:

a/ The denunciation has one content but requires verification in two or more locations;

b/ The denunciation has two or more contents requiring verification;

c/ More than one denunciator make the same denunciation or the denunciation content is related to rights and interests of more than one person;

^{^[1]} Công Báo Nos 393-394 (23/4/2019)

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Decree No. 31/2019/ND-CP detailing the Law on Denunciations

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