In addition, this Law also enlarges scope of protection of a denouncer. Accordingly, every denouncer and his/her relative shall be entitled to have protection of his/her information; protection of his/her position, job, life, health, property, honor and dignity.
Time limit for settling denunciations shall be reduced from 60 days to 30 days, from 90 days to 60 days (with regard to a complicated case).
This Law takes effect from January 1st, 2019 and replaces Law on denunciation No. 03/2011/QH13 dated November 11th, 2011.
Order of, procedures for making a complaint shall comply with Clause 1 Article 7 and Article 9 the Law on Complaints No. 02/2011/QH13. The statute of limitation for making a complaint is 90 days, after receiving an administrative decision or knowing such administrative decision.
Decree No. 64/2014/NĐ-CP - New provisions on reception of citizens ( 26-Jun-2014) This Decree details the reception of citizens at government-attached agencies and public non-business units; tasks, powers and organizational structures of citizen reception boards, arrangement of physical foundations of citizen reception offices; regulations on coordination of citizen reception activities at citizen reception offices; arrangement of physical foundations of citizen reception places; and conditions for ensuring citizen reception activities. read more
This Decree takes effect on August 15, 2014.
Provisions on citizen reception of Chapter V of the Government’s Decree No. 75/2012/ND-CP of October 3, 2012, detailing a number of articles of the Law on Complaints, and Decree No. 89/CP of August 7, 1997, promulgating the Regulation on organization of citizen reception, cease to be effective on the effective date of this Decree.
Law No. 42/2013/QH13 - The Law on reception of citizens ( 25-Nov-2013) This Law prescribes the responsibility for receiving citizens; rights and obligations of persons making complaints, denunciations, petitions and reports; the organization of citizen reception activities at citizen reception offices and citizen reception places of agencies, organizations and units, and conditions to ensure citizen reception activities. read more
The reception of representatives of agencies or organizations making complaints, petitions or reports and reception of foreigners making complaints, denunciations, petitions or reports are the same as citizen reception.
This Law takes effect on July 1, 2014.
The provisions on citizen reception of Chapter V of Law No. 09/1998/QH10 on Complaints and Denunciations which was amended and supplemented under Law No. 26/2004/QH11 and Law No. 58/2005/QH11, and Chapter V of Law No. 02/2011/QH13 on Complaints, cease to be effective on the effective date of this Law.
According to the Decree, the request for explanation is performed either in writing or directly at the state agencies which have responsibilities for explanation.
Within 05 working days after receiving request, the explaining persons must notify the requester about the receipt or refusal and clearly state reason thereof. Time for implementation of explanation shall not exceed 15 days, from the day issuing the notification about the receipt of request for explanation. In case with complex content, time for explanation may be extended.
This Decree takes effect on September 30, 2013.
Decree No. 59/2013/NĐ-CP - New regulations on anti-corruption ( 17-Jun-2013) This Decree specifies some articles of Anti-corruption Law applicable to bribery, the openness and transparency of activities of agencies, organizations, and units; the procedure and duration of suspension and temporary reassignment; the salaries, benefits, other entitlements and interests, the compensation, restoration of the lawful rights and interests of officials and civil servants after competent authorities conclude they are not involved in corruption; the regime for information provision and reporting about anti-corruption; the regime for inspecting the adherence to the laws on anti-corruption; denunciation of corruption; the formulation and implementation of regimes, limits, standards, and other Regulation of Anti-corruption Law. read more
This Decree takes effect on July 31, 2013 and supersedes the Government's Decree No. 120/2006/NĐ-CP dated October 20, 2006 elaborating and providing guidance on the implementation of Anti-corruption Law.
Circular No. 03/2013/TT-BTP - Guidelines on competence to determine agency liable for compensation ( 31-Jan-2013) Under this Circular, provincial-level People’s Committee shall identify the agency liable for compensation I case the damage sufferer requests or there is no agreement on compensation liability under its management in the following cases: between communal-level People’s Committee; between communal-level People’s Committee not in the same district; between professional agencies under provincial-level People’s Committee; between professional agencies under provincial-level People’s Committee and district – People’s Committee in the same province. read more
At the same time, the district-level People’s Committees shall have to pay compensation in case of damage required or there is no agreement on liability between the commune-level People’s Committees under their management.
Besides, the Ministry of Justice shall help the Government to determine the agencies that have to pay compensation in case of damage required or there is no agreement on liability between Ministries; between provincial-level People’s Committee; between Ministries and provincial-level People’s Committee…
The Circular also regulated that Ministry of Justice shall solve problems related to the legal implementation on the State compensation liability in administrative management activities.
This Circular takes effect on March 15, 2013.
Decree No. 76/2012/NĐ-CP - New Decree looks to protect whistleblowers ( 3-Oct-2012) The decree sets forth measures to protect the confidentiality of the accuser, as well as the accuser’s life, health, property, honour, dignity, and position, and of the accuser’s relatives. When detecting an unauthorised person collecting information about the accuser, a person in charge of denunciation settlement shall be responsible for applying measures within his or her competence, or proposing competent persons to apply, to prevent or handle the violations. read more
The decree also specifies that, when multiple people join in a denunciation, they must appoint a representative to present the denunciations to agencies, organisations and competent individuals.
The new decree takes effect on November 20.
Decree No. 75/2012/NĐ-CP - Detailing a number of articles of the Law on Complaints ( 3-Oct-2012) According to this Decree, when many people complain about the same content, they must appoint a representative to present the complaint. Representatives presented the complaint to the complainant. In case from 5-10 the complainants then appoint one or two representatives; In case with 10 or more complainants may appoint additional representatives, but no more than 5 people. The representative shall be responsible before the law for the legality of the representation document and representation. read more
For complaints and denunciations, proposals reflect the switch to the unit if the time limit is not resolved, the person in charge of the headquarters to citizens requires heads of agencies and units that settlement, if the request is not solved, to request the competent authority responsible for processing in accordance with the law.
Within 15 days from the decision to settle the complaint, the second complaint jurisdiction shall have publicly decided to settle claims under one of the following forms: announcement at the meeting agencies and organizations where the complaint is working; listed in work office or a place to citizens of agencies and organizations resolve complaints; notice on mass media.
This Decree will take effect from the date of November 20th, 2012.