The Law Qh13/03/2011: Report

Original Language Title: Luật 03/2011/QH13: Tố cáo

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___ Report LAW pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law report, chapter I GENERAL PROVISIONS article 1. Scope this law provisions on denunciation and resolution denounced for violations of the law of public servants in the performance of duty, public service; denounced and resolving accusations against violations of the law of Agency, organization or individual about state management in the field; protection of the accused and the management task to resolve accusations.
Article 2. Explanation of terms In this law, the terms below are interpreted as follows: 1. The denunciation is the citizen under the procedure prescribed by this Law to report it to the Agency, organization or individual has the authority to know about violations of the law by any agency, organization, the individuals would cause damage or threat of damage State's interests , the rights, legitimate interests of citizens, agencies and organizations.
2. To denounce violations of the law of public servants in the performance of duty, the public service is the citizen reported to the Agency, organization or individual has the authority to know about violations of the law of public servants in the performance of public service tasks.
3. To report violations of the law on State management in the field is the citizen journalist for State management agencies have the authority to know about violations of the law by any agency, organization, any individual with respect to the observance of legal provisions on State management in the field.
4. The report is done right.
5. The reported is the Agency, organization, personal behavior.
6. The settlement report is the Agency, organization or individual has the authority to resolve accusations.
7. Resolve accusations is the reception, verification, the conclusion about the content of the report and the handling of the settlement.
Article 3. Apply law on denunciation and resolution to report 1. The accusations of foreign individuals are resident in Vietnam and to resolve accusations of violations of the law of Agency, organization, foreign individuals in Vietnam are applied according to the provisions of this law, except in the case of international treaties to which the Socialist Republic of Vietnam is a member otherwise.
2. The Prosecutor and the reports about the crime was made under the provisions of the law on criminal proceedings.
3. in case of other laws have provisions on denunciation and resolution to denounce shall apply the provisions of that law.
Article 4. Guidelines addressed to denounce the resolution report is timely, objective, accurate, properly authorized, sequence, procedure and deadlines prescribed by law; ensure the safety of the accused; protect the rights, legitimate interests of the person reported in the process of settling accusations.
Article 5. The responsibility of agencies, organizations, individuals with authority in the reception, settlement report 1. Agencies, organizations, individuals have the authority within the scope of the mission, his powers have a responsibility to forward the report, receiving and settling accusations as prescribed by law; strict handling of the breach; adopt the necessary measures to prevent the damage that can occur, ensure safety of life, health, property, honour, dignity, prestige, job, secrets for the report; ensure the decision handling violations reported are strictly enforced and is responsible before the law about his handling of the decision.
2. The Agency, organization or individual has the authority to resolve accusations are responsible to arrange the next Office or location next to the citizens to take over accusations, complaints, Petitions, reflect. The Organization of the next citizen in citizen marketing headquarters, location next to the citizens to follow the provisions of the law on complaints and the provisions of relevant laws.
3. Agencies, organizations, individuals are responsible for the reception, resolving accusations without reception, not resolved in accordance with the provisions of this law, the lack of accountability in the reception, settlement report or knowingly settled accusations against the law must be dealt with severely, if the damage compensation , reimbursement under the provisions of the law.
Article 6. Responsible for coordination of the Agency, held in the settlement report within the scope of its powers, duties, authority, organization departments have the responsibility to coordinate with agencies, organizations, individuals with authority in the resolution. Agencies, organizations, individuals are managed, stored information, documents relevant to the accusations have a responsibility to provide complete, timely information, the documents at the request of the person who has the authority to resolve accusations within 7 days from the date of the request; the case does not provide, offer no full, timely information, request documents, then depending on the nature and extent of the violation which dealt with according to the provisions of the law.
Article 7. The Executive decided to handle violations reported to decide handling of violations reported by the Agency, organization, authorized individuals must be the agencies, organizations, personal respect, are the agencies, organizations, individual owners strictly enforce. Who is responsible for Executive decided to handle violations reported that the Executive must not dealt with strict provisions of the law.
Article 8. The prohibited acts 1. Difficult, troublesome with regard to the implementation of the rights of citizens.
2. Lack of responsibility in settling accusations.
3. Disclosure of them, your name, address, autographs of the report and other information that could disclose the identity of the accused.
4. Falsifying the records in the process of settling accusations.
5. Don't settle or intentionally settled accusations against the law; advantage of the prerogatives and powers in settling accusations to make unlawful behavior, harassment, troubling people.
6. Do not make or carry full responsibility for not defending the accusations.
7. Obstruction, illegal intervention in the settlement.
8. Hinder the realization of the right to denounce; bullying, revenge, retaliation, insulting the person accused.
9. Cover the person.
10. Knowingly false accusations; agitation, forced, seduce, bribed others false accusations; impersonating others to denounce.
11. Bought, bribed people to resolve accusations; bullying, revenge, insulting the person addressed accusations.
12. Using the accusations to the propaganda against the State, violated the interests of the State; distort, slander, disturbing security, public order, insulting the honor, dignity, and prestige of others.
13. Put false information about the report and resolution.
14. Violation of the provisions of the law on denunciation and resolution.
Chapter II rights, OBLIGATIONS of the ACCUSED, who were DENOUNCED and RESOLVING DENUNCIATION article 9. The rights and obligations of the accused 1. The report has the following rights: a) submit or report directly to the Agency, organization or individual has the authority under the provisions of the law;
b) were kept secret, their name, address, autographs and other personal information of yourself;
c) requires agencies, organizations, individuals have the authority informed about accepting the settlement report, notice of the denunciation to the competent agency settled, announcing the results to resolve accusations;
d) report next when there is evidence that the settlement report of the Agency, organization, personal jurisdiction is not lawful or overly prescribed time limit that the accusations were not addressed;
DD) requires the Agency, organization or individual has the authority to protect when threatened, revenge, retaliation;
e) be rewarded according to the provisions of the law.
2. The report has the following obligations: a) clearly, his name and address;
b) honestly about the content of the report; providing information, documents related to the content of the report which I have been;
c) responsible before the law for the content of his accusations;
d) compensation for damage due to acts of intentional false accusations of his own cause.
Article 10. Rights and obligations of the person reported 1. People have reported the following rights: a) to be informed of the content of the report;
b) give evidence to prove the content of the report is not true;
c) Receive notice of conclusion report content;
d) requires agencies, organizations, individuals with authority to handle the person knowingly false accusations, who deliberately settled accusations against the law;
DD) restored the rights, legitimate interests infringed, is the main public apology, compensation for damage caused by the accusations, to resolve accusations is not correct.
2. The person who had reported the following obligations: a) the explanation in writing about the reported behavior; provide information, relevant documents when agencies, organizations, individuals have the authority required;
b) accepted the decision of the Agency handled, organized, competent individuals;
c) compensation, reimbursement of damage caused by his unlawful behavior caused.
Article 11. The rights and obligations of people solve the denunciation 1. The settlement report has the following rights: a) request the Prosecutor to provide information and documents related to the content of the report;
b) require the person who reported the written explanation about the reported behavior;
c) requires agencies, organizations and individuals who provided information and documents related to the content of the report;
d) conducted the inspection measure, verify, collect evidence to resolve the accusations as prescribed by law; application of the measures under the authority to prevent, terminate violations of law;
DD) conclusions about content report;
e) decided to handle under the authority or agency recommendations, organized, competent individuals processed in accordance with the law.
2. Who addressed accusations have the following obligations: a) ensure objective, honest, lawful in the settlement report;
b) adopt the necessary measures under the authority or authorities required to apply measures to protect the accused, the person who's accusations, who provide information relevant to the report;
c) Not disclose information detrimental to the person being accused when no conclusion about the content of the report;
d) responsible before the law about the settlement report;

DD) compensation, reimbursement for damage due to acts of tackling unlawful accusations of his own cause.
Chapter III SETTLES ACCUSATIONS AGAINST LAW VIOLATIONS by public servants in the PERFORMANCE of DUTY, public SERVICE section 1 JURISDICTION REPORT article 12. Principle of determining the jurisdiction 1. To report violations of the law in the performance of duty, the service of public servants by the head of the Agency, the competent organization to manage public servants that resolve.
To report violations of the law in the performance of public service tasks of the head, deputies of the head of the Agency, held by the head of the Agency, the superior organization of the Agency, held that resolution.
2. To denounce violations of the law in the performance of the tasks of public service, public servants jurisdiction the management of many agencies, organized by the head of the Agency, held directly managing public servants reported cooperation with the Agency relevant organizations, to resolve.
3. To report violations of the law in the performance of the tasks of public service, public servants have signs of criminal proceedings conducted by the Agency resolved under the provisions of the law on criminal proceedings.
Article 13. Jurisdiction to denounce violations of the law by officials and public servants in the performance of public service tasks in the State administrative bodies 1. Chairman of people's Committee of the communes, wards and towns (hereinafter referred to as the social level) have jurisdiction to denounce violations of the law in the performance of duty, the service of the officer, his servants manage directly.
2. The Chairman of the district people's Committee, district, town, city in the province (hereinafter referred to as district level) have jurisdiction to denounce violations of the law in the performance of public service tasks of the Chairman, the Vice Chairman of the people's Committee, head of the township level, the level of Deputy Heads of specialized agencies in the district-level people's committees and officers civil servants are appointed, managed by themselves directly.
3. The head of the specialized agencies in the people's committees of provinces and cities under central jurisdiction to resolve accusations of violations of the law in the performance of duty, the duty of the head, deputies of the heads of specialized agencies directly under his authority and officers civil servants are appointed, managed by themselves directly.
4. The Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) have jurisdiction to denounce violations of the law in the performance of public service tasks of the Chairman, the Vice Chairman of the people's Committee at district level, the head, deputies of the heads of specialized agencies in the provincial people's Committee and officers civil servants are appointed, managed by themselves directly.
5. General Director, Bureau Chief level are decentralized management officers, public officials have the authority to resolve accusations of violations of the law in the performance of duty, the duty of the head, deputies of the head of unit in the Directorate, the Directorate level officers civil servants are appointed, managed by themselves directly.
6. Ministers, heads of ministerial-level agencies have jurisdiction to denounce violations of the law in the performance of public service tasks of the head, deputies of the head of the Agency, the unit of the Ministry, ministerial and agency officials and public officials appointed by themselves, direct management.
7. The Prime Minister has the authority to resolve accusations of violations of the law in the performance of duty, the service of the Minister, Deputy Minister, heads, Deputy Heads of ministerial bodies, heads, Deputy Heads of agencies in the Government, the President, the Vice Chairman of the provincial people's Committee and officers civil servants are appointed, managed by themselves directly.
Article 14. Jurisdiction to denounce violations of the law in the performance of duty, the public service of officers and civil servants in other organs of the State 1. Chief Justice of the people's Court, people's Procuratorate President the authority: a) resolve to report violations of the law in the performance of duty, the service of his servants to direct management;
b) resolve to report violations of the law in the mission, the service of the Chief Justice, Deputy Chief Justice of the Court, the Director, Deputy Procurator of the level below.
2. The Auditor General has the authority to resolve accusations of violations of the law in the performance of duty, the service of the Chief Auditor, Deputy Chief State Auditor audits, audits of State region and his appointed servants, direct management.
Chief State Auditor audits, audits of State region has jurisdiction to denounce violations of the law in the performance of the tasks of public service, public servants are appointed, managed by themselves directly.
3. The head of the other organs of the State have jurisdiction to denounce violations of the law in the performance of the tasks of public service, public servants are appointed, managed by themselves directly.
4. the competent authority for the management of officers as deputies, the people's Council delegates authority to resolve accusations of violations of the law in the performance of duty, the service of its personnel management.
Article 15. Jurisdiction to denounce violations of the law in the performance of duties of the employees in the unit's public career 1. The head of the public authority to resolve accusations against violations of the law in the performance of his official duty of the recruitment, appointment, management directly.
2. The head of the competent authority the management authority public resolve accusations against violations of the law in the performance of duties of the officials appointed by themselves.
Article 16. Jurisdiction to denounce violations of the law in the performance of duties of public servants of the political organization, social-political organizations who heads the Organization's political bodies, social-political organizations have the authority to resolve accusations of violations of the law in the performance of duties of the officers , its officers, servants manage directly.
Article 17. Jurisdiction to denounce violations of the law of the person assigned the task, the public service that are not public officers, the officer who headed the Agency direct management unit, who was assigned the task, the service is not that public servants have the jurisdiction to resolve accusations of violations of the laws of that person in the perform the task, the service.
Section 2 sequence, PROCEDURE for RESOLVING REPORT Article 18. The order addressed to denounce the resolution report is made according to the following sequence: 1. Reception, processing information report;
2. Verify the content of the report;
3. conclusion the content report;
4. Handling of the accusations addressed accusations;
5. conclusion the content publicly denounced, decisions to handle violations reported.
Article 19. Forms of denunciation 1. The report was done by denunciation or direct accusations.
2. where the report is made by the application in the application report must indicate the day, month and year of report; they, the name, the address of the accused; the content report. Denunciation by the denunciation of signing or points only. The case of many of the same accusations by simple in the application, specify the name, the address of each report, signed or only of those accusations; they, who represents the people who report to the coordination when required to resolve people's accusations.
3. where the report to accuse directly the person receiving the guide who accuse written denunciation or person receiving record the accusations in writing and ask the person to sign the report or score the only confirmed in writing, in which clearly the content as defined in paragraph 2 of this Article. Many cases to accuse directly the person receiving the guide who accuse send representatives to present the content.
Article 20. Receive and process the information to report 1. Upon receipt of the report, then the person who resolved the accusations are responsible for sorting and handling are as follows: a) if the accused in his jurisdiction, then within 10 days from the date of denunciation, to check, verify them, the name, the address of the report and the decision accepting or not accepting the settlement report at the same time notify the accused know the reason for not accepting, if requested; the case must be examined, verified at multiple locations, the time limit for check verification could longer, but not more than 15 days;
b) if the accused is not in your jurisdiction within 5 working days from the date of denunciation was received, the receiver must be switched to the denunciation, organizations, individuals with jurisdiction and informing the accusations, if requested. The case of the accusations to accuse directly the reception report guide people to report to report to the Agency, organization or individual has the authority to resolve.
2. Competent person not accepting the settlement report in the following cases: a) the accusations about the incident was that person solve that the report does not provide information, new details;
b) report about the incident that the content and the information the report provides no basis to identify the breach, violation of the law;
c) report about the incident that the person has the authority to resolve accusations not qualified to inspect, verify violations of the law, violators.
3. In the process of receiving, processing information to report, if it deems the behavior reported signs of crime, the authorities, the organization received accusations are responsible for transfer of records, documents and information about the incident to report it to authorities or competent Procuratorate to handle according to the provisions of the law.

4. where the reported behavior causing damage or threat of damage to the interests of the State, the collective, computer network, property of the citizen body, the organization receives the report must adopt the necessary measures under the authority of or notify the police, other agencies have a responsibility to prevent violations in a timely manner.
Article 21. The time limit for settling the denunciation 1. The time limit for settling accusations is 60 days from the date of accepting the settlement report; for complex cases, the time limit for settling is 90 days from the date of accepting the settlement.
2. where necessary, the authority to resolve accusations could extend the deadline to solve a times but not more than 30 days; for complex cases, no too 60 days.
Article 22. Verify the content of the report 1. The resolution denounced conduct verification or delivered to the State inspection agency or agencies, organizations, individuals are responsible for verifying the content of the report (hereinafter referred to as the verification of the content of the report).
2. The resolution denouncing the content verification report in writing, which has the following content: a) the day, month and year verification interface;
b) the name, address of the person reported;
c) Who is assigned to verify the content of the report;
d) content needs verification;
DD) time to conduct verification;
e) powers and responsibilities assigned to verify the content of the report.
3. The verification of the content of the report should conduct necessary measures to collect the information, documents, clarifying the content report. The information, collected documents are recorded into the text, when necessary, the established thereon, is stored in the profile report.
4. In the process of verification, the verification of the content of the report to facilitate to the reported explanation, given the evidence to prove true, false accusations of content needs verification. The explanation of the people reported to be established thereon, signed by the person to verify the content of the report and the person.
5. Who is assigned to verify the content of the report has the rights and obligations prescribed in points a, b, c, d paragraph 1, points a, b, c, d, e clause 2 article 11 of this law, at the same time the conclusion of content verification, propose measures to handle and report the person to resolve accusations.
Article 23. The responsibilities of the Chief Inspector of the levels and the Inspector General of Government 1. The Chief Inspector, ministerial-level agencies, Chief Inspector, central cities, the Chief Inspector, Chief Inspector of the district, the County, towns and cities in the province have the following responsibilities: a) to verify the content of the report, the conclusion of content verification, propose measures to handle the accusations in the jurisdiction of the head of the State administrative organs at the same level as assigned;
b) consider, conclude the settlement of accusations that the head of the Agency direct subordinates of the head of the State administrative organs at the same level has settled but the signs violated the law; where there is evidence that the resolution contains accusations violates the law, the recommendations of the head of the State administrative organs at the same level of consideration, settling back.
2. General Government inspectors have the following responsibilities: a) to verify the content of the report, the conclusion of content verification, propose measures to handle the accusations in the jurisdiction of the Prime Minister when it was delivered;
b) consider, conclude the settlement of accusations that Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee has settled but the signs violated the law; conclusion the resolution has violated the law, the Prime Minister's recommendations to consider, resolve.
Article 24. Conclusion the content report 1. Based on the content of the report, the text explanation of the reported results, verify the content of the report, document, relevant evidence, the Prosecutor must resolve the written conclusions on the content of the report.
2. conclusion of the content report must contain the following: a) results to verify the content of the report;
b) conclude the report correctly, the right part or wrong; define the responsibilities of each individual on the content of the report is true or partially true;
c) measures the handle according to the authority; recommendations of the measures dealt with agencies, organizations, individuals have the Authority (if any).
Article 25. The handling of the accusations addressed accusations after having concluded the report content, the resolve to report processing are as follows: 1. The conclusion people reported no violation of regulations in the performance of duty, the public service must be notified in writing to the person being accused Management Agency, who reported knowing, restore rights, legitimate interests of people reported being violated due to the accusations aren't true causes, simultaneously processed by the authority or agency recommendations, organized, competent individuals handled who knowingly false accusations;
2. where the conclusion reported violation of regulations in the performance of duty, the service shall apply the measures disposed by the authority or agency recommendations, organized, competent individuals processed in accordance with the law;
3. in case of violation of the person who reported the criminal signs, then transfer the records to the Agency inquiry or procurator have the authority to resolve under the provisions of the law.
Article 26. Send content to report conclusions 1. The person who resolved the accusations must send conclusions to report content for people. Sending text to ensure non-disclosure of information on the denunciation and protection of State secrets.
2. In cases where the accused has requested the notice results to resolve the accusations addressed accusations of sending the notice in writing of the outcome to resolve accusations for the accusations. Notice the results solve report must clearly denounce the content, conclusions the processing who reported, unless the content in State secrets.
3. Who addressed accusations must send conclusions to report content for the State Inspection Agency and agency supervisor.
Article 27. The report continues, the next report 1. The case too the time limit stipulated that accusations not be addressed or that base the settlement report is not lawful, the person accused has the right to report to the head of the superior bodies of the person directly responsible for resolving accusations.
2. within 10 days from the date of the report, the head of the superior bodies directly consider, handle as follows: a) the case too the time limit stipulated in article 21 of this law that the accused is not resolved then ask who is responsible for resolving accusations are resolved clearly, the reason of the slow settle accusations; take measures for handling violations of the person who is responsible for resolving accusations;
b) where the resolution of the head directly subordinate organs is lawful, does not settle back, at the same time inform the accused about not settling back and ask them to discontinue the report;
c) where the resolution of the head of the Agency direct subordinates is not true the law then underway to solve under the order of the provisions of article 18 of this law.
Article 28. The responsibility of the investigating authorities, the Prosecutor upon receipt of the report or the records incident to report signs of crime within 20 days from the date of the report or the records incident report as stipulated in paragraph 3 article 20, paragraph 3 of article 25 of this Law , investigating authorities, the Procurator must be notified in writing of the acceptance, the Agency for processing, the Organization moved to report or denounce the profile to know; case report of complex content, then the notification period can last longer, but not more than 60 days.
Article 29. The profile report 1. The settlement report must be established. The profile report includes: a) denunciation or content records report;
b) decision accepting the settlement report;
c) report on the inspection results, verification, information, documents and evidence collected in the course of settlement;
d explanation of the text) reported;
DD) reported results to verify the content of the report in case the settlement report delivered to another person to conduct verification;
e) concluded the report content;
g) decided to handle, text processing measure recommendations (if any);
h) other related documents.
2. Record the incident report must be numbered in order of page document. The retention, exploitation, use the profile report is made in accordance with the law, ensure the non-disclosure of information on the denunciation.
Article 30. Contents conclusions public accusations, decided to handle violations reported 1. The resolution denounced publicly responsible conclusion contents accusations, decided to handle violations reported by one of the following forms: a) announced at the meeting, the Agency held where people reported the work;
b) listed on the Office or where the next citizen's Agency, the Organization has settled accusations, decided to handle the violations reported;
c) reported on the mass media.
2. The content of the concluding report, decides to treat violations reported must ensure not to reveal information about the accusations and the content in State secrets.
3. The Government detailing the content of the report, conclusion decided to handle violations reported.
Chapter IV SETTLED ACCUSATIONS AGAINST VIOLATIONS of the LAW on STATE MANAGEMENT in the FIELD of article 31. Jurisdiction report 1. To report violations of the law of Agency, organization or individual that content related to state management functions of the Agency, the agency that has the responsibility to solve. Competent person handling administrative violations in State management agencies have the authority to resolve accusations against violations of law in the management scopes assigned, unless otherwise specified by law.

2. the report contains content related to state management functions of many agencies, the Agency is responsible for coordinating to determine the jurisdiction or agency reports to the State level on management decisions for a host agency to resolve; report contents in the jurisdiction of many agencies, the Authority accepting the resolution authority first.
3. To report violations of the law are signs of crime by the agency conducting the proceeding resolved under the provisions of the law on criminal proceedings.
Article 32. Order and procedure for resolving denunciation 1. Order and procedure of receiving, sorting, verifying, the conclusion about the content of the report, deciding the disposal to denounce violations of the law on State management in the field is done according to the provisions of articles 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29 and 30 of this law except where the provisions of article 33 of this law.
The conclusion reported people violate the law about state management in the field then the handling of violations which have to comply with the law on the handling of administrative violations.
2. Case law on the handling of administrative violations there are regulations on the duration of other settlement with provisions of article 21 of this law, the time limit for settling accusations do not exceed term of handling administrative violations in accordance with the law on handling administrative violations.
Article 33. Order and procedure for resolving accusations have clear content, specific evidence, has the facilities to handle right 1. To report violations of the law on State management in the field of content-specific evidence, clearly, has the facilities to handle right then the settlement report is made according to the following sequence: a) competent person receiving, processing information report;
b) denunciations of cases of violations of the law in areas that I manage, the receiving report must directly conduct or reporting person has the authority to resolve accusations proceed immediately to verify the content of the report, applies the necessary measures to suspend the violations and promptly formed the minutes about the violations of the law (if any); the verification, check the information on the accusations made in the case of the person addressed accusations deemed necessary for the process of handling the reported behavior;
c) Who resolve to denounce the decision to handle violations under the authority or the competent agency proposals processed in accordance with the law.
2. Record the incident report was created with the profile handling administrative violations in accordance with the law on handling administrative violations.
Chapter V PROTECTION of the Article 34 DENUNCIATION. The scope, object and duration of protection 1. The protection of the accusations made at the place of residence, work, working, learning, where the assets of the person in need of protection or other places by the Agency have jurisdiction to decide.
2. The object of protection include: a) the accused;
b) relatives of the accused.
3. The term of protection by the competent authorities to decide depending on the actual situation of each incident, the extent, the nature of the infringement to the rights and legitimate interests of the object should be protected.
Article 35. The rights and obligations of the accused are protected 1. The report has the following rights: a) require the person to resolve accusations, bodies, competent organization to apply measures to protect yourself or your relatives when determining the disciplinary, dismissal, transfer or work being the form of retaliation, discrimination, other invasive, threatened or network computer, health, honor, dignity, prestige, property, civil rights and other legal benefits due to the accusations of violations of the law;
b) was informed of the protection measures to be applied; suggest changing protective measures if there is evidence that the measures do not guarantee safety; be refused to implement protective measures;
c) require renewal of the term of protection; protection requirements;
d) Are compensated according to the provisions of the law on State liability in cases where the accused asked the Agency, organization or individual has the authority to apply the necessary measures to protect themselves that the agencies, organizations and individuals, which do not apply or apply not timely , not rules of law, causing damage of life, health, property, loss of morale for the protected person.
2. The report has the following obligations: a) send the written request protect in the case prescribed in articles 37, 38 and 39 of this Act to the person addressed accusations or other organization, the Agency has the authority to apply the safeguards. In case of emergency, can directly or through other information forms to ask to be protected right but then must send a written request to the Agency official, the Organization has the authority to apply protective measures;
b) providing information, documents, determining the infringed or threatened to infringe the lives, health, property, honour, dignity, reputation or the right of other legitimate interests, is authentic and to be responsible before the law on information and documents provided;
c) comply with the requirements that the Agency, the organization responsible for giving protection relevant to protection; not disclose the safeguards for other people to know.
Article 36. Protect confidential information about people accuse the Agency, organization, personal jurisdiction when receiving report, addressing accusations, exploit, use information, documents provided by the accused are responsible for keeping their secret, the name, address, autographs and other personal information of the accused; at the same time to adopt the necessary measures under the authority or agency recommendations, the Organization has the authority to take measures necessary to keep secret information and protection for the accused.
Article 37. Protection of the accused at the place where the work, work 1. The report is the officers, servants, employees, workers are working, working in State agencies, political organizations, social-political organizations, business units, organizations and agencies, other institutions are guaranteed work placement, employment discrimination in any form.
2. the management authority, the use of officers, servants, employees, workers not be discriminated about jobs for the people accused; not be revenge, retaliation, intimidation, affect the legitimate rights and interests of the accused.
3. When the accused is base discrimination on the job leads to a drop in income, causing damage to the legitimate interests, rights, have the right to ask who has settled accusations or the head of the Agency's direct superior authority management their use, take measures to consider, handle for behavior; the report was the work under the contract has the right to request a trade union organization, the governing body of the local workers to take measures to protect the legitimate rights and interests.
4. Upon receipt of the request of the Prosecutor, who has the authority responsible for checking, verifying; If the request of the accusations are legitimate, the application of the measures under the jurisdiction or authority required to apply measures to protect the following: a) suspension, suspension, cancellation of part or the entire disciplinary decisions or other decisions violating the rights and legitimate interests of the accused;
b) to restore the location of work, location of work, earnings and other legal benefits from making the report;
c) timely processing of people behaving in revenge, retaliation, intimidation could affect the legitimate rights and interests of the accused;
d) other protection measures as prescribed by law.
Article 38. Protection of the accused at the place of residence 1. The report did not suffer discrimination in the exercise of the rights, the obligations of citizens in residence.
2. the people's committees of all levels within the mission, his powers have a responsibility to ensure to the accusations do not suffer discrimination, revenge, retaliation, intimidation, affect the legitimate rights and interests of the accused.
3. When the report is based to discrimination in the exercise of the rights, the obligations of citizens at the place of residence shall have the right to ask who has settled accusations to accuse Solver requires people's Committee Chairman authority to take measures to protect , restoration of the legitimate rights and interests of the person accused has been compromised, review, treats people who have violations.
4. Upon receipt of the request of the resolve to report on the application of safeguards for the accused, Chairman of people's Committee has the responsibility to check, verify, decided to adopt the following measures to protect the authority of the following: a) suspension, suspension, cancellation of part or all of the administrative decision , administrative acts infringing the rights and legitimate interests of the accused;
b) restores the legitimate rights and interests of the person accused has been compromised;
c) timely processing, strict for infringement to the rights and legitimate interests of the accused;
d) other protection measures as prescribed by law.
Article 39. Protection of life, health, property, honor, dignity, and prestige of the report 1. When people resolve to report receiving information people report being threatened, revenge, retaliation shall be responsible for directing or coordinating with the police or other authorities are competent to take measures in time to prevent, defend the accusations and suggested that the competent authorities handled under the provisions of the law for threatening behavior , revenge, retaliation who report.
2. When the Prosecutor has evidence that the accused can cause hazard to life, health, property, honour, dignity, reputation or your favorite relatives have the right to ask the person to resolve the accusations or the police applied the necessary protective measures.
3. in case of request of the accusations are legitimate, then the person who resolved the accusations or the police promptly apply measures or recommend competent authorities apply the following measures to protect the accused and their relatives: a) arranged getaway when people accuse like their relatives, at risk of being violated to life, health;

b) deployment, the means, the tools to directly protect the health, life safety, property, honor, dignity, and prestige for the accused and relatives like at where necessary;
c) apply measures to prevent, treat invasive behaviour or invasive threats to life, health, property, honor, dignity, and prestige of the report and the person who's accusations as prescribed by law;
d) other protection measures as prescribed by law.
Article 40. Detailed provisions on the protection of the people who denounce the Government detailed rules on measures to protect the accused, the responsibility of agencies, organizations, individuals with authority in the protection of the accused.
Chapter IV LIABILITY of the AGENCY, HELD in the MANAGEMENT of the WORK to RESOLVE ACCUSATIONS Article 41. The responsibilities of the State administration on work to resolve the denunciation 1. The unified Government to manage state on the work to resolve the accusations in the State administrative bodies within the country.
2. Government inspectors responsible to Government of implementing State management on work to resolve accusations within the authority of the Government.
3. The ministries, ministerial agencies, people's committees of all levels make governance about the settlement report within its management.
4. Inspector, ministerial-level agencies, Inspector, central cities, inspection, inspection of the district, County, town, city in the province to help the head of State management bodies of the same level of management the work to resolve the accusations.
Article 42. The responsibility of the people's Court, people's Procuratorate, the State Auditor, State agencies, political organizations, social-political organizations 1. The Supreme People's Court, the Supreme People's Procuratorate, the State Auditor, other organs of the State, organs of political organization, social-political organizations at central in the scope of his authority, mission management task to resolve accusations; periodically inform the Government about the settlement report within the scope of the Agency's management, its organization.
2. the people's Court, people's Procuratorate, the provincial district level, the bodies of political organization, social-political organizations locally within the mission, his powers management task to resolve accusations; periodically inform committees at the same level on work to resolve accusations within the Agency's management, its organization.
43 things. Responsible for coordination of the work of resolving the denunciation 1. In case of need, the Prime Minister worked with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy; Chairman of the provincial people's Committee, the district level work with the Chief Justice's courts, the people's Procuratorate Mayor the same level to coordinate in resolving accusations.
2. The Government, the Supreme People's Court, the Supreme People's Procuratorate to periodically report to Congress, the Standing Committee of the National Assembly, the President and notified to the Central Committee of the Vietnam Fatherland Front about the work to resolve the accusations.
3. The ministries, ministerial agencies, government agencies, provincial people's Committee report on the Government work to resolve accusations within the scope of his Agency's management periodically or at the request of the Government.
4. The people's Committee, the people's courts, the people's Procuratorate to periodically report the same level people's Council, the superior authority and notification to the Committee of Vietnam Fatherland Front the same level of work to resolve accusations in the local scope and scope in the field of management.
Article 44. Supervision of the Vietnam Fatherland Front Committee, the Member organizations of the 1. The Committee of Vietnam Fatherland Front, the front's member organizations motivate people, its members strictly obey the law about accusations; to supervise the enforcement of laws on accusations and addressed accusations.
2. The Committee of Vietnam Fatherland Front, the front's member organizations are responsible for organizing the citizen to accusations, complaints, Petitions, reflected; upon receipt of the report the study, go to the person who has the authority to resolve accusations.
3. Report by the Vietnam Fatherland Front Committee, the Member organizations of the people must be moved to resolve accusations reviewed, resolved and within 7 days from the date of the decision process, must be notified in writing to the Organization has moved to unit know the results solve; If does not agree with the results of that resolution, the Organization has moved menu has the right to petition authorities, the superior organization of the settlement report reviewed, resolved; agencies, relevant organizations have a responsibility to answer petitions it within 7 days from the date of the decision process.
Chapter VII REWARDS and TREATS breach of article 45. Rewarding the Agency, organization, individual achievement in settling accusations, the accusations have in preventing damage to the State, the Organization, the individual shall be rewarded materially and spiritually.
Specific government regulations on rewards for people who have achievements in the report.
Article 46. Handling violations of the resolution denouncing The resolution denouncing acts specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 8 and 9 Article 8 of this law or violates other rules of law in the resolution of the report depending on the nature that infringement levels, being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 47. Handling violations against persons responsible for Executive decides to treat violations reported the executive responsibility to decide handling of violations reported if no executor, then depending on the nature and extent of the violation that severely disciplined administrative sanction, or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
The head of the Agency, the competent organizations which do not apply the necessary measures to promptly solve the accusations have violations of the provisions of article 46 of this law depends on the nature, the extent to which violations were disciplined or arrested save for criminal liability in accordance with the law.
Article 48. Handling of violations against the accusations and others are concerned The report and other related ones have the acts specified in paragraphs 6, 7, 8, 9, 10, 11, 12 and 13 of this Law article 8 or violation of the provisions of the law on denunciation and resolution to denounce then depending on the nature , the level of offense that was disciplined, the administrative sanction or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Chapter VIII TERMS of ENFORCEMENT of Article 49. Effect 1. This law is in effect from July 1, 2012.
2. The provisions on denunciation and settle accusations in law complaints, report No. 09/1998/QH10 was amended, adding some articles of law No. 26/2004/QH11 and Act No. 58/2005/QH11 expired from the day this law is in effect.
3. for denunciations have been accepting, are reviewed and not yet have results to resolve before this Act in force shall be continued under the provisions of the law on settlement of complaints, report No. 09/1998/QH10 was amended, adding some articles of law No. 26/2004/QH11 and Act No. 58/2005/QH11.
Article 50. Detailing and guiding the implementation of 1. Government Regulation details, guide the implementation of the articles, be delivered in terms of this Law; provisions on denunciation and resolution to denounce the people's army and public security of the people.
2. Pursuant to this law, other organs of the State, the competent authorities of the political organization, social-political organizations guide the implementation of the law on denunciation and resolve accusations within the Agency, his organization.
This law was the National Assembly of the Socialist Republic of Vietnam locked XIII, session 2 through May 11, 2011.