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Some articles and measures to execute the law on denunciation Update: 10-05-2019
On April 10, 2019, the government issued Decree no. 31/2019/ND-CP stating the details of a number of articles and measures to execute the law on denunciation.


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The decree consists of 4 chapters and 25 articles, stating the details of a number of chapters, articles and clauses of the law on denunciation: Article 30 on the period for the settlement of denunciations; Article 33 on the settlement of the denunciations for unsettled cases; Article 40 on the public conclusion of the contents of denunciations and decisions on how to deal with alleged violations; and Chapter 4 on the protection of denouncers.


Also, the Decree stipulates measures to organize the execution of the law on denunciation: Order and procedures for settlement of denunciations; processing information with denunciations and receiving and handling denunciations transferred by press agencies, competent agencies, organizations and individuals; disciplining violations of officials, public servants and employees.

 

This Decree applies to individuals denouncing; agencies, organizations and individuals that commit denounced acts; agencies, organizations and individuals competent to settle denunciations and concerned agencies, organizations and individuals in settling denunciations and protecting denunciators.


A new feature of Decree No. 31/2019 / ND-CP stipulates the details of how to process the information with the contents of denunciations submitted by press agencies, agencies, organizations and individuals with authority. Accordingly, after receiving the information on the denunciation contents as prescribed in clause 2, article 25 of the law on denunciation or those which are submitted by press agencies, agencies, organizations and individuals with authority according to point B, article 1, clause 26 of the law on denunciation and which do not meet requirements for reception the agencies, organizations and individuals must classify, make an assessment of quality and level and make inspection decisions if issues are within their authority or transfer issues to competent agencies, organization, and individuals for taking into consideration and making inspection decisions.

 

Also, the competent agencies, organizations and individuals are responsible to announce how denunciations are dealt with to press agencies, agencies, organizations and individuals with authority.

 

The Decree clearly stipulates disciplinary actions against those with authority to settle denunciations. Specifically, the disciplinary form of reprimand is applicable to those with the authority to settle denunciations as they are involved in one of the following acts of legal violations: abusing their positions and authority in settling denunciations to implement illegal acts; failing to perform or inadequately performing responsibilities and rights to protect the accuser, which results in the fact that the accuser is taken revenge on and reprimanded.


The disciplinary form of reprimand is applicable to the authorized people to settle denunciations as they are involved in one of the following acts of legal violation: revealing surnames, names, addresses and signatures of accusers and the other information showing the identity of accusers; deliberately neither accepting denunciations nor issuing conclusions on denunciation contents; failing to make a decision on how to handle denunciations according to their competence or making no proposals to competent people to deal with denunciations.


The disciplinary form of dismissal is applicable to those that are competent to settle denunciations as they are involved in one of the following acts of legal violation: deliberately unsettling or settling unlawful denunciations that cause instability, insecurity and social disorder; deliberately ignoring the evidence and omitting information, documents, losing or falsifying documents or files; protecting the accused, which causes instability, insecurity and social disorder; not taking measures to protect accusers within authority or make accusers retaliated and reprimanded, resulting in injury or health damage with an infirmity rate of 61% or more or deaths.

 

Regarding the disciplinary form against the accusers who are officials, public servants and officials, the Decree stipulates that the officials and civil servants that know clearly that denunciations are not true but are still proposed for denunciations many times or that the case has been resolved by a competent agency or individual in accordance with legal policies and laws but would still like to denounce it many times without evidence to prove the denunciation contents will be deal with, disciplined or prosecuted for criminal liability.

 

Decree no. 31/2019/ND-CP dated April 10, 2019 is expected to take effect as from May 28, 2019.


Duy Minh (L. H)

 

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