Prohibited acts in reporting and handling reports

Reply:

-DArticle 8 of the Law on Denunciation 2018prescribes prohibited acts in denunciation and handling of denunciations as follows:

1. Obstructing, causing difficulties or harassment to the whistleblower.

2. Lack of responsibility and discrimination in handling complaints.

3. Disclosing the name, address, handwriting of the whistleblower and other information that reveals the identity of the whistleblower.

4. Losing or falsifying case files and documents during the complaint settlement process.

5. Failure to resolve or intentionally resolving complaints illegally; taking advantage of one's position and authority in resolving complaints to commit illegal acts, harass or cause trouble to the complainant or the accused.

6. Failure to perform or incomplete performance of the responsibility to protect whistleblowers.

7. Illegal interference or obstruction of the settlement of complaints.

8. Threatening, bribing, retaliating, harassing, or insulting the whistleblower.

9. Covering up the accused.

10. Intentionally making false accusations; forcing, enticing, inciting, seducing, or bribing others to make false accusations; using another person's name to make accusations.

11. Bribe, induce, threaten, retaliate, or insult the person handling the complaint.

12. Abusing the right to denounce to conduct propaganda against the State, infringe upon the interests of the State; disrupt public security and order; distort, slander, or insult the honor, dignity, or reputation of others.

13. Providing false information about denunciation and handling of denunciation."

-Article 65 of the 2018 Law on Denunciation stipulates the handling of violations by the denouncer and other related persons as follows:

“The whistleblower and other relevant persons who commit acts specified in Article 8 of this Law or violate other provisions of the law on denunciation and handling of denunciations shall, depending on the nature and seriousness of the violation, be subject to disciplinary action, administrative sanctions or criminal prosecution; if causing damage, they must compensate according to the provisions of the law."

-For whistleblowers who are cadres, civil servants, or public employees, the handling direction is stipulated in Article 23 of Decree 31/2019/ND-CP as follows:

"Cadres, civil servants and public employees who clearly know that the denunciation is untrue but still denounce it many times or know that the case has been resolved by the competent authority or person in accordance with policies and laws but still denounce it many times without any evidence to prove the content of the denunciation; coerce, entice, incite, entice or bribe others to make false denunciations; use other people's names to denounce, causing internal disunity or affecting the reputation and normal operations of the agency, organization or unit, depending on the nature and severity of the violation, will be subject to disciplinary action or criminal prosecution."

Thus, if a civil servant makes a false accusation, depending on the nature and severity of the violation, he/she will be subject to disciplinary action, administrative sanctions, or criminal prosecution; if causing damage, he/she must compensate according to the provisions of law.