The Latest 2023 Accusation Law: New Aspects on Regulations

* Download the Latest Accusation Law HERE
 

1. General Information about the Latest Accusation Law

- Currently, the latest Accusation Law in effect and being enforced is the 2018 Accusation Law.

- The 2018 Accusation Law has been effective since January 1st, 2019.

- Structure: The Accusation Law comprises 9 chapters with 67 articles, specifically:

+ Chapter I: General provisions, consisting of 8 articles, from Article 1 to Article 8.

+ Chapter II: Rights and obligations of accusers, accused persons, accusation resolvers, consisting of 3 articles, from Article 9 to Article 11.

+ Chapter III: Resolving accusations for legal violations in the performance of duties, tasks, comprising 28 articles, from Article 12 to Article 40.

+ Chapter IV: Resolving accusations for legal violations in state management in various fields, comprising 3 articles, from Article 41 to Article 43.

+ Chapter V: Organizational responsibility for implementing accusation content conclusions, comprising 3 articles, from Article 44 to Article 46.

+ Chapter VI: Protecting accusers, comprising 12 articles, from Article 47 to Article 58.

+ Chapter VII: Responsibilities of agencies, organizations in managing the accusation resolution process, comprising 3 articles, from Article 59 to Article 61.

+ Chapter VIII: Rewards and penalties, comprising 4 articles, from Article 62 to Article 65.

+ Chapter IX: Enforcement provisions, comprising 2 articles, Article 66, Article 67.

- The scope of regulation of the law is:

Accusation issues and the resolution of accusations regarding legal violations in the performance of duties, tasks, and other legal violations in state management across various fields; protecting accusers; responsibilities of agencies, organizations in managing the accusation resolution process.

- Principles of accusation resolution:

+ Must be timely, accurate, objective, within jurisdiction, following procedures, and deadlines as prescribed by law.

+ Must ensure the safety of the accuser; ensure the rights and legitimate interests of the accused person during the accusation resolution process.

Content Structure of the Amended and Supplemented 2018 Accusation Law
 

2. New Points of the 2018 Accusation Law

Compared to the 2011 Accusation Law, the 2018 Accusation Law has several new points as follows:

2.1. Addition of provisions on anonymous accusations

Accordingly, the issue of receiving and handling anonymous accusations is a new addition to this Law.

- According to Article 25 of the 2018 Accusation Law, if the accusation information lacks the name, address of the accuser or through investigation, verification cannot identify the accuser or the accuser uses the name of another person to accuse or the information reflects accusations not in accordance with the prescribed form => not resolved.

- In case the accusation information mentioned above has clear content about the person violating the law, with documents, evidence; there is a basis for examination, verification => Conduct inspection and verification within the jurisdiction.

2.2. Streamlined Accusation Resolution Process

- Under the old regulations in the 2011 Accusation Law, the resolution process consisted of the following 05 steps:

(1) Receiving, processing accusation information; (2) Verifying accusation content; (3) Concluding accusation content; (4) Handling accusations by the accusation resolver; (5) Publicizing conclusion of accusation content, decision on handling accused violations.

- Under the new regulations in Article 28 of the 2018 Accusation Law, it consists of the following 04 steps:

(1) Accepting accusations; (2) Verifying accusation content; (3) Concluding accusation content; (4) Handling conclusion of accusation content by the accusation resolver.
 

2.3. Shortening the Timeframe for Resolving Accusations

- Under the old regulations, the time limit for resolving accusations was 60 days from the date of accepting the accusation resolution; for complex cases, the resolution time was 90 days.

- The 2018 Accusation Law has shortened this timeframe: According to Article 30 of this Law, the maximum time limit for resolving accusations is 30 days from the date of acceptance; for complex cases, it can be extended once for up to 30 days; for exceptionally complex cases, it can be extended twice, each time not exceeding 30 days.
 

2.4. Accusers Granted Withdrawal of Accusations

- This is entirely new content compared to the 2011 Accusation Law.

- Based on Article 33 of the 2018 Accusation Law, the accuser has the right to withdraw the entire accusation or part of the accusation before the accusation resolver reaches a conclusion on the accusation content. The withdrawal of accusations must be in writing.

- However, in cases of withdrawing accusations, if the accusation resolver detects signs of legal violations or has grounds to determine that the withdrawal of accusations is due to threats, bribery, or the accuser exploits the accusation to fabricate, slander, or damage the accused person, the accusation must still be resolved.
 

2.5. Regulations for Protecting Accusers

Section 47 of the 2018 Whistleblower Law provides specific provisions regarding the protected subjects and the scope of protection. It states:

- Protection of whistleblowers includes: safeguarding the confidentiality of the whistleblower's information; protecting the whistleblower's position, employment, life, health, property, dignity, and reputation, as well as those of their spouse, parents, adoptive parents, biological parents, foster parents, biological children, and adopted children.

=> When there is evidence that the position, employment, life, health, property,... of the individuals mentioned above are being or are at immediate risk of being harmed; or they are being retaliated against, discriminated against due to whistleblowing => Individuals, competent authorities shall decide on the necessary protection measures, based on the whistleblower's request.

- Whistleblowers are protected in the confidentiality of personal information, except when the individual discloses it themselves.
 

2.6. Temporary Suspension and Suspension of Whistleblower Resolution

The previous law did not regulate this issue, however, the current Whistleblower Law allows the whistleblower resolution authority to make a decision on temporary suspension/ suspension of whistleblower resolution, specifically as follows:

- Temporary suspension of whistleblower resolution is necessary when one of the following grounds exists:

+ Need to await the resolution outcome of other agencies, organizations, or individuals, or await the resolution outcome of other related cases;

+ Need to await the outcome of additional assessment, reassessment.

- Suspension of whistleblower resolution is necessary when one of the following grounds exists:

+ The whistleblower withdraws the entire content of the accusation, except as provided in Article 33(3) of this Law;

+ The accused individual is deceased and the accusation only concerns the responsibility of the accused individual;

+ The case has been resolved by a court judgment, decision which has legal effect or decision with legal effect of competent authorities.

With specific provisions, many new points compared to the 2011 Whistleblower Law, the 2018 Whistleblower Law will contribute to enhancing the responsibilities of individuals, organizations with authority in handling whistleblower cases, protecting whistleblowers,... Thereby ensuring the rights of whistleblowers and addressing violations of the law.

In the system of legal normative documents of our country, there are many other laws such as: Civil Procedure Law or Criminal Procedure Law, Complaint Law, please refer to them for more information.