Individuals, when detecting fraudulent acts of individuals, agencies, or organizations causing damage or threatening to cause damage to the interests of the State, legal rights and interests of agencies, organizations as well as individuals, have the right to make denunciations and report to competent agencies, organizations or individuals about the illegal acts. In case you do not know where to carry out this kind of procedure, follow this article of LSX: “Where to file a fraud denunciation in Vietnam?”
Legal grounds
- Law on Denunciations 2018
- Decree 31/2019/ND-CP
What is accusation?
Pursuant to the Law on Denunciation 2018:
Firstly, “denunciation” means 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 the performance of duties;
- Denunciation of violations against the law related to state management of fields;
Secondly, “denunciation of violations against the law during the performance of duties” means the denunciation of violations against the law during the performance of duties by:
- An official, public official, or public employee; other persons assigned to perform duties;
- A person who is no longer an official; public official; or public employee but committed violations against the law during the period he/she was an official; public official; or public employee; a person who no longer assigned to perform any duty but committed violations against the law during the period he/she assigned to perform duties;
- An organization.
Thirdly, “denunciation of violations against the law related to state management of fields” means the denunciation of violations against the law related to state management of fields committed by any organization and individual with respect to the compliance with regulations of law; except for violations against the law during the performance of duties.
Principles of determining the competence to settle denunciations
According to Article 12 of the 2018 Law on Denunciations:
Denunciation of violations against law committed by an official, public official, or public employee during the performance of his/her duties
A denunciation of violations against law committed by an official, public official; or public employee during the performance of his/her duties settled by the head of the organization that has the power to manage such official; public official, or public employee. A denunciation of violations against law committed by the head or deputy head of an organization during the performance of his/her duties settled by the head of its supervisory organization.
Denunciation of violations against law committed by an official, public official, or public employee under the management of multiple organizations during the performance of his/her duties
A denunciation of violations against law committed by an official, public official, or public employee under the management of multiple organizations during the performance of his/her duties settled by the head of the organization that manages the denounced official, public official, or public employee in cooperation with the heads of relevant organizations.
Denunciation of violations against law committed by an official, public official, or public employee during the performance of his/her duties
In case a denunciation of violations against law committed by an official, public official, or public employee during the performance of his/her duties is made when he/she was previously an official, public official, or public employee and he/she has been reassigned to another organization or is no longer an official, public official or public employee, such denunciation shall be settled as follows:
a) In case the denounced party that is the head or deputy’s head has been reassigned to another organization but still holds a similar position; the denunciation settled by the head of the previous supervisory organization in cooperation with the head of the current supervisory organization;
b) In case the denounced party has been reassigned to another organization and holds a higher position; the denunciation settled by the head of the current supervisory organization in cooperation with the previous supervisory organization. In case the denounced party has been reassigned to another organization and is the head or deputy head of such organization; the denunciation settled by the head of the current supervisory organization in cooperation with the previous supervisory organization;
c) In case the denounced party has been reassigned to another organization and is not the case specified in Points and b of this Clause; the denunciation settled by the head of the previous supervisory organization in cooperation with the head of the current supervisory organization;
d) In case the denounced party is no longer an official, public official, or public employee; the denunciation settled by the head of the previous supervisory organization in cooperation with the heads of relevant organizations.
Denunciation of the official, public official, or public employee of the consolidated, merged, fully divided, or partially divided organization
A denunciation of the official, public official, or public employee of the consolidated; merged; fully divided; or partially divided organization settled by the head of such organization in cooperation with the heads of relevant organizations.
Denunciation of the official, public official, or public employee of the dissolved organization
A denunciation of the official, public official; or public employee of the dissolved organization settled by the head of the organization before the dissolution.
Denunciation of violations against the law committed by an organization during its performance of duties
A denunciation of violations against the law committed by an organization during its performance of duties shall be settled by the head of its supervisory organization.
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Related questions
The head of an organization or unit that manages the person assigned to perform duties but not an official; public official or public employee has the power to settle denunciations of violations against the law committed by such person during performance of his/her duties.
Denunciation made using a form and directly at a competent authority.
Accept a denunciation.
Verify the denunciation.
Give a conclusion about the denunciation.
Handle the denunciation conclusion issued by the denunciation handler.
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