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

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;

d/ The denunciation involves a foreign element: The denunciator resides overseas or is a foreigner; the denounced act is committed overseas; or the denunciation content requires overseas verification;

dd/ The denunciation content is related to management responsibility of more than one agency and organization;

e/ Related agencies and organizations have divergent opinions in the course of denunciation settlement;

g/ There are contradictory documents and evidences that need checking, verifying, assessing, or counseling by specialized agencies.

3. A particularly complicated case is a case satisfying two or more criteria prescribed in Clause 2 of this Article.

4. The prolongation of the time limit for denunciation settlement shall be effected under decisions of denunciation settlers, which shall be sent to related agencies, organizations and persons under Clause 4, Article 30 of the Law on Denunciations. Decisions on prolongation of the time limit for denunciation settlement shall be made according to Form No. 01 in the Appendix to this Decree.

Article 4.Withdrawal of denunciations

1. A denunciator may withdraw part or the whole of his/her denunciation contents before a denunciation settler makes conclusions on denunciation contents. The withdrawal of a denunciation shall be recorded in writing, clearly stating the date; full name and address of the denunciation withdrawer; and the withdrawn denunciation contents, with the signature or fingerprint of the withdrawer. In case the denunciator comes to withdraw his/her denunciation at the competent agency or organization, the recipient shall make a written record of denunciation withdrawal and the denunciation withdrawer shall put his/her signature or fingerprint on such record. Written requests for withdrawal of denunciations shall be made according to Form No. 02 while written records of denunciation withdrawal shall be made according to Form No. 03 in the Appendix to this Decree.

2. In case more than one person have jointly made a denunciation but later one or several of them wish(es) to withdraw his/her/their denunciation, each of denunciation-withdrawing persons shall comply with Clause 1 of this Article. In case all denunciators wish to withdraw their denunciation, their representative shall make a written request for withdrawal of the denunciation or the recipient shall make a written record of withdrawal of the denunciation bearing signatures or fingerprints of the denunciators or their representative.

3. In case a denunciator withdraws his/her denunciation but the denunciation settler finds that the denounced act shows a sign of violation or there is a ground to believe that the denunciator withdraws his/her denunciation because he/she is intimidated or bought off or takes advantage of the denunciation to slander, offend or harm the denounced, the denunciation shall still be settled 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, organization or person to apply measures to protect the denunciator in accordance with law; and handle the person that intimidates or buys off the denunciator or takes advantage of the denunciation to slander, offend or harm the denounced in accordance with law.

Article 5.Settlementby 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

1. When having a ground to believe that the settlement of a denunciation by a subordinate agency or organization involves a serious violation of law, the head of a direct superior agency or organization shall settle the denunciation in the following cases:

a/ The violation is committed in the procedures for denunciation settlement, leading to the making of inaccurate or partial conclusions or falsification of the case file;

b/ There is one of the grounds specified in Clause 3, Article 37 of the Law on Denunciations.

2. When there is a sign of partial settlement of a denunciation by a subordinate agency or organization, the head of a direct superior agency or organization shall settle the denunciation in the following cases:

a/ The denounced is the spouse, blood parent, adoptive parent, parent-in-law, offspring, adopted child, child-in-law, or blood sibling of the person assigned to verify the denunciation content or of the denunciation settler;

b/ The denunciation content is directly related to the spouse, blood parent, adoptive parent, parent-in-law, offspring, adopted child, child-in-law,  or blood sibling of the person assigned to verify the denunciation content or of the denunciation settler;

c/ The person assigned to verify the denunciation content or denunciation settler has interests directly related to the denounced.

3. The head of a direct superior agency or organization that picks up a denunciation case for settlement under Clause 1 or 2 of this Article shall request in writing the subordinate agency or organization to stop settling the case and transfer the case file to the superior agency or organization.

Upon receiving the case file, the head of the superior agency or organization shall issue a decision on acceptance of the denunciation and notify such in writing to the denunciator, the denounced and the head of the direct subordinate agency or organization currently settling the case and related agencies, organizations and persons.

The time limit for settlement of a denunciation shall be counted from the date of issuance of a decision on acceptance of such denunciation.

Article 6.Publicity of conclusions on denunciation contents and decisions on handling of denounced violations

1. Conclusions on denunciation contents and decisions on handling of denounced violations shall be publicized, except contents classified as state secrets and information about denunciators.

2. Based on the practical situation, characteristics of cases, and requirements of the settlement of denunciations, denunciation settlers or persons competent to impose disciplines or administrative sanctions shall decide to publicize conclusions on denunciation contents or to handle denounced violations under Clause 2, Article 40 of the Law on Denunciations in one or several of the following forms:

a/ Announcing such conclusions or decisions at meetings of agencies or organizations where the denounced persons work or agencies or organizations of denunciation settlers or agencies or organizations of persons assigned to verify denunciation contents, with the participation of denunciation settlers, denunciation content verifiers and denounced persons, heads of agencies, organizations or units where the denounced persons work, and other related agencies, organizations and persons;

b/ Posting up such conclusions or decisions for at least 15 consecutive days at offices or places for citizen reception of persons who have settled the denunciations or persons who have issued decisions on handling of denounced violations;

c/ Publicizing such conclusions or decisions for at least 15 consecutive days on websites or internal information networks of agencies that have settled the denunciations or agencies of persons who have issued decisions on handling of denounced violations;

d/ Publicly notifying such conclusions or decisions in the mass media (including printed newspapers, radios, televisions and newswires) and on portals. The public notification on printed newspapers or radio or television broadcasts shall be made for at least 2 consecutive times while the public notification on newswires and portals must last at least 15 consecutive days.

Section 2

PROTECTION OF DENUNCIATORS

Article 7.Responsibility of denunciation settlers after receiving written requests for application of protective measures

1. Upon receiving a written request for application of protective measures (below referred to as protection request) from a denunciator, a denunciation settler shall consider and assess its grounds and truthfulness and decide to apply protective measures according to his/her/its competence provided in Article 52 of the Law on Denunciations. In case a written request falls beyond his/her/its competence, the denunciation settler shall propose or request a competent agency to apply protective measures.

2. In case of emergency, a denunciation settler shall propose or request a competent agency to apply protective measures immediately, then send a written request for application of protective measures to such agency.

Article 8.Responsibility of agencies proposed or requested to apply protective measures

Upon receiving a proposal or request from a denunciation settler, a competent agency shall base itself on its functions and tasks to consider and decide to apply protective measures under Article 52 of the Law on Denunciations and notify such in writing to the denunciation settler and protected person.

Chapter III

MEASURES TO ORGANIZE THE IMPLEMENTATION OF THE LAW ON DENUNCIATIONS

Section 1

ORDER AND PROCEDURES FOR DENUNCIATION SETTLEMENT

Article 9.Acceptance of denunciations, notification of acceptance of denunciations

1. Before accepting a denunciation, a denunciation settler shall verify information about the denunciator and denunciation acceptance conditions or assign a same-level state inspection agency or another agency, organization or person to do so. In case the denunciator does not reside in the locality under his/her/its management or he/she/it encounters a difficulty in the verification of the denunciation content, the denunciation settler may authorize a same-level or subordinate state agency to verify information necessary for the issuance of a denunciation acceptance decision. The denunciation acceptance must comply with Article 29 of the Law on Denunciations. A denunciation acceptance decision shall be made according to Form No. 04 in the Appendix to this Decree.

2. Within 5 working days after issuing a denunciation acceptance decision, a denunciation settler shall notify such to the denunciator and notify the denunciation content to the denounced. A notice of denunciation acceptance shall be made according to Form No. 05 while a notice of denunciation content to the denounced shall be made according to Form No. 06 in the Appendix to this Decree.

Article 10.Verification of denunciation contents

1. A denunciation settler shall verify denunciation contents on his/her/its own or form a team to do so. A verification team shall be composed of at least two persons, one of whom shall act as the team leader. A decision to form a verification team shall be made according to Form No. 07 in the Appendix to this Decree.

2. In case a denunciation settler assigns a same-level inspection agency or another agency, organization or person to verify a denunciation content, a document on assignment of verification task shall be made under Clause 2, Article 31 of the Law on Denunciations. The head of the inspection agency or another agency, organization or person assigned to verify a denunciation content shall form a verification team under Clause 1 of this Article.

3. A denunciation settler or the head of an inspection agency or another agency, organization or person assigned to verify a denunciation content may not assign a person whose spouse, blood parent, adoptive parent, parent-in-law, offspring, adopted child, child-in-law, or blood sibling is the denounced or has interests directly related to the denounced to act as the head or a member of the verification team.

The head and members of a verification team shall report to the person who assigns the verification task to them if they fall into one of the cases specified in Clause 2, Article 5 of this Decree.

Article 11.Working directly with denunciators

1. Denunciation settlers and verification teams shall work directly with denunciators and request the latter to provide information, documents and evidences to clarify denunciation contents.

Denunciators shall present truthfully denunciation contents, cooperate with denunciation settlers and verification teams and provide them with information and documents related to denunciation contents.

2. What a denunciation settler or verification team works on with a denunciator shall be recorded in writing with signatures of the denunciator and person directly working with the denunciator. A written record of working shall be made in at least 2 copies, one to be handed to the denunciator (if he/she so requests) and the other to be included in the denunciation settlement file. In case the denunciator refuses to sign the written record of working, the person directly working with the denunciator and other members of the verification team shall sign the record and clearly state such refusal. Written records of working shall be made according to Form No. 08 in the Appendix to this Decree.

3. In case it is impossible to work directly with a denunciator due to an objective reason, a denunciation settler or person having issued a decision to form a verification team or head of a verification team shall request in writing the denunciator to provide information, documents and evidences to clarify the denunciation content.

Article 12.Working directly with the denounced

1. Denunciation settlers and verification teams shall work directly with the denounced and request the latter to explain in writing denunciation contents and provide information, documents and evidences related to denunciation contents and their explanations.

2. What a denunciation settler or verification team works on with the denounced shall be recorded in writing according to Form No. 08 in the Appendix to this Decree. A written record of working shall be made in at least 2 copies bearing signatures of the denounced and person directly working with the denounced, one to be handed to the denounced (if he/she so requests) and the other to be included in the denunciation settlement file.

3. In case information, documents and evidences provided by the denounced are insufficient or the explanation by the denounced is unclear, a denunciation settler or verification team shall request the denounced to continue providing information, documents and evidences and explain unclear matters.

Article 13.Requesting agencies, organizations, units and persons to provide information, documents and evidences related to denunciation contents

1. Denunciation settlers or persons having issued decisions to form verification teams or verification teams may request agencies, organizations, units and persons to provide relevant information, documents and evidences to clarify denunciation contents.

2. In case of necessity, a verification team shall work directly with agencies, organizations, units and persons to collect information, documents and evidences related to denunciation contents. Contents of working shall be recorded in writing according to Form No. 08 in the Appendix to this Decree. A written record of working must bear signatures of representatives of the verification team and agencies, organizations, units and persons providing information, documents and evidences, and shall be made in at least 2 copies, one to be handed to agencies, organizations, units and persons providing information, documents and evidences and the other to be included in the denunciation settlement file.

3. Agencies, organizations and persons having information, documents and evidences related to denunciation contents shall promptly and adequately provide them at the request of denunciation settlers, persons having issued decisions to form verification teams or verification teams.

Article 14.Field verification

1. Based on circumstances of cases or directions of persons having issued decisions to form verification teams, verification teams shall carry out field verification in necessary locations to collect, examine and determine the accuracy and lawfulness of information, documents and evidences related to denunciation contents.

2. Field verification shall be recorded in writing, sully stating verification results and opinions of persons involved in the verification and other related persons. A written record of field verification shall be made according to Form No. 08 in the Appendix to this Decree, bear signatures of the verifier and related persons, and be included in the denunciation settlement file.

Article 15.Solicitation of expert assessment

1. When deeming it necessary to have expert opinions on professional or technical matters for use as a basis for making conclusions on denunciation contents and handling denounced violations, a denunciation settler shall decide to solicit expert assessment.

2. The solicitation of expert assessment shall be made in writing, clearly stating the name of the assessing agency or organization, contents requested to be assessed, and deadline for sending assessment conclusions. A document on solicitation of expert assessment, made according to Form No. 09 in the Appendix to this Decree, shall be sent to the denunciation settler and related agencies, organizations and persons.

In case a state inspection agency is assigned to verify a denunciation content, a denunciation settler may authorize such agency to decide on the solicitation of expert assessment.

3. Assessing agencies and organizations shall be held responsible before law for the accuracy, objectivity and timeliness of expert assessment results.

4. The time for expert assessment shall not be counted into the time limit for denunciation settlement.

Article 16.Reports on results of the verification of denunciation contents

1. Heads of verification teams shall make written reports on results of the verification of denunciation contents to persons having issued decisions to form verification teams. Members of a verification team shall discuss and give their opinions on such report.

2. A verification team’s report on results of the verification of denunciation contents must have the following principal contents:

a/ Summarized denunciation contents;

b/ Results of the verification of every denunciation content;

c/ Explanations of the denounced (if any);

d/ Proposed conclusion that denunciation contents are totally truthful, partially truthful or untruthful; identification of responsibility of agencies, organizations and persons related to denunciation contents;

d/ Proposed handling of violators; necessary measures to protect interests of the State and lawful rights and interests of agencies, organizations and persons.

Such a report shall be made according to Form No. 10 in the Appendix to this Decree.

3. In the course of verification, if detecting an act showing a sign of crime, the head of a verification team shall promptly report it to the person having issued the decision to form the verification team. This person shall report it to the denunciation settler for consideration and handling in accordance with law.

4. The head of an agency or organization assigned to verify denunciation contents shall report to a denunciation settler on results of the verification of denunciation contents. A report on results of the verification of denunciation contents shall be made according to Form No. 11 in the Appendix to this Decree.

5. In case the verification is carried out for re-settlement of a denunciation, in addition to the contents specified in Clause 2 of this Article, a report of a verification team or an agency, organization or person assigned to verify denunciation contents must also clearly state violations, errors or wrongdoings (if any) in the previous settlement of the denunciation and propose the handling of agencies, organizations, units and persons that commit such violations, errors or wrongdoings.

6. Agencies, organizations and persons assigned to verify denunciation contents shall take responsibility before law and persons who have assigned the verification task for the accuracy and objectivity of their reports on results of the verification of denunciation contents.

Article 17.Conclusions on denunciation contents

1. Conclusions on denunciation contents shall be made under Article 35 of the Law on Denunciations and according to Form No. 12 in the Appendix to this Decree.

2. In case of re-settlement of a denunciation case, in addition to the contents specified in Clause 1 of this Article, a denunciation settler shall make conclusions on violations, errors or wrongdoings (if any) in the previous settlement of the denunciation; handle according to his/her/its competence or direct or propose a competent agency, organization, unit or person to handle agencies, organizations, units and persons that commit such violations, errors or wrongdoings.

Article 18.Handling of conclusions on denunciation contents

1. The handling of conclusions on denunciation contents shall be carried out under Article 36 of the Law on Denunciations. Denunciation settlers shall base themselves on the nature and severity of violations to handle according to their competence or propose competent agencies, organizations or persons to handle violations and remediate consequences thereof.

2. Denunciation settlers shall monitor and urge the implementation of conclusions on denunciation contents or assign same-level state inspection agencies to do so.

In case a same-level state inspection agency is assigned to monitor and urge the implementation of conclusions on denunciation contents, it shall report on a monthly basis to the denunciation settler on results of monitoring and urging such implementation.

Article 19.Order and procedures for settlement of denunciations against violations in the performance of tasks or official duties with clear contents, specific evidences and grounds for prompt handling

Denunciation settlers shall accept for settlement denunciations with clear contents, specific evidences and grounds for prompt handling; and verify by themselves denunciation contents; make conclusions on denunciation contents; handle according to their competence or propose competent agencies, organizations or persons to handle agencies, organizations or persons whose violations are denounced.

Section 2

PROCESSING OF DENUNCIATION INFORMATION AND DENUNCIATIONS TRANSFERRED FROM PRESS AGENCIES OR COMPETENT AGENCIES, ORGANIZATIONS OR PERSONS

Article 20.Processing of denunciation information and denunciations transferred from press agencies or competent agencies, organizations or persons

1. Upon receiving denunciation information specified in Clause 2, Article 25 of the Law on Denunciations or denunciations ineligible for acceptance transferred from press agencies or competent agencies, organizations or persons as specified at Point b, Clause 1, Article 26 of the Law on Denunciations, recipients shall classify them and evaluate the nature and severity of denunciation cases and decide on inspection and examination if such information or denunciations fall(s) within their competence and responsibility. If such information or denunciations fall(s) beyond their competence and responsibility, recipients shall forward it/them to competent agencies, organizations or persons for consideration and decision on inspection and examination.

2. Order and procedures for inspection and examination and publicization of inspection and examination results must comply with the law on inspection and examination and other relevant laws.

3. Competent agencies, organizations or persons that have received denunciation information shall notify results of the denunciation settlement to press agencies or competent agencies, organizations or persons that have transferred such information.

Section 3

DISCIPLINING OF CADRES, CIVIL SERVANTS AND PUBLIC EMPLOYEES THAT COMMIT VIOLATIONS

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

1. Persons competent to settle denunciations and denunciators being cadres, civil servants or public employees that violate 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 compensations in accordance with the law on state compensation liability.

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

Article 22.Disciplining of persons competent to settle denunciations

1. Reprimand shall be applied to a person competent to settle denunciations when committing one of the following violations:

a/ Abusing his/her position and powers in the denunciation settlement to commit a law-breaking act;

b/ Failing to discharge or improperly discharging his/her responsibility to protect a denunciator from revenge or being bullied.

2. Caution shall be applied to a person competent to settle denunciations when committing one of the following violations:

a/ Disclosing the full name, address or autograph of a denunciator and other information revealing his/her identity;

b/ Intentionally refusing to accept a denunciation or failing to make conclusions on a denunciation content; failing to decide on denunciation settlement according to his/her competence or failing to propose a competent person to settle a denunciation.

3. Dismissal shall be applied to a person competent to settle denunciations when committing one of the following violations:

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

b/ Intentionally ignoring evidences, omitting information or documents, or losing or falsifying a case file; covering up the denounced, thus causing social instability, disorder or insecurity;

c/ Failing to apply measures to protect a denunciator witthin his/her competence from revenge or being bullied, thus causing injury or harm to health with an injury rate of at least 61% or causing the denunciator’s death.

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

A cadre, civil servant or public employee who knows well that his/her denunciation is untruthful but keeps filing it once and again or knows that his/her denunciation has been lawfully settled by a competent agency or person but keeps filing it once and again without any evidences to prove the denunciation content; forces, incites, entices or buys off another person to file an untruthful denunciation; or uses another person’s full name to file a denunciation, sowing internal disunity or affecting the reputation or normal operation of an agency, organization or unit, shall, depending on the nature and severity of his/her violation, be disciplined or examined for penal liability.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 24.Effect

1. This Decree takes effect on May 28, 2019.

2. The Government’s Decree No. 76/2012/ND-CP of October 3, 2012, detailing a number of articles of the Law on Denunciations, ceases to be effective from the effective date of this Decree.

Article 25.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.