Will anonymous complaints be resolved?
The majority of members of the National Assembly's Law Committee agreed not to resolve anonymous complaints, but there were also opinions suggesting considering petitions with evidence and clear content.
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| Chairman of the National Assembly's Law Committee Nguyen Khac Dinh. Photo: Quochoi.vn |
Whether or not to resolve anonymous denunciations is one of the issues with different opinions in the draft Law on Denunciation (amended), Chairman of the National Assembly's Law Committee Nguyen Khac Dinh presented this morning, May 29.
Enough evidence to prosecute
“The majority of members of the Law Committee agreed with the draft that there is no provision for handling anonymous denunciations. Because denunciation is the right of citizens, they must participate in legal relations in their own name and must be responsible if they intentionally make false denunciations,” said the Chairman of the National Assembly Law Committee.
Mr. Nguyen Khac Dinh also said that the regulation on receiving and handling anonymous denunciations will cause difficulties for competent agencies and individuals in verifying and processing information to resolve denunciations, causing costly state expenses, and making it easy for the regulation to be abused to make widespread and untrue denunciations...
However, according to Mr. Dinh, some members of the Law Committee proposed to clearly stipulate that in cases where the complaint is anonymous but is accompanied by clear evidence and content (such as documents, physical evidence, photos, video and audio recordings, etc.), the competent authority or person must be responsible for organizing verification and handling to avoid missing any violations of the law.
These opinions believe that this way of handling is appropriate for current conditions when the whistleblower protection mechanism is not effective, for many reasons whistleblowers do not dare or do not want to put their names forward, and in some cases even impersonate others.
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| Government Inspector General Phan Van Sau. Photo: Quochoi.vn |
Will cause difficulties for state agencies
Previously, Government Inspector General Phan Van Sau read the draft Law on Denunciation (amended), in which the Government's view was that there should not be regulations on handling anonymous denunciations.
The Government Inspector General explained: Current Party regulations and the Law on Denunciation do not accept the consideration and resolution of denunciations with unclear names and addresses of the denouncers.
In recent years, state agencies have only resolved 87.4% of the total number of anonymous complaints. Of these, 59.3% were false complaints and 28.3% were both true and false. Therefore, if the law stipulates the settlement of anonymous complaints, it will cause difficulties for state agencies in the process of consideration and settlement.
"Moreover, in cases where the whistleblower abuses the right to denounce to make false anonymous accusations, there is no basis to consider and handle the whistleblower's responsibility," said Mr. Phan Van Sau.
Withdrawal of accusation: Beware of abuse The provision of "withdrawal of denunciation" has been added to the draft law and has been approved by the majority of opinions in the National Assembly's Law Committee because denunciation is a citizen's right. But there is also a proposal to add a regulation that even if the accuser has withdrawn the complaint, during the review and settlement process, if the accusation is found to be well-founded, the competent authority or person is still responsible for checking, verifying and clarifying to handle it according to the provisions of law. At the same time, if the whistleblower intentionally makes a false accusation, even if he withdraws the complaint, he will still be held responsible according to the provisions of the law for making a false accusation. Another opinion is that it is not necessary to regulate “withdrawal of denunciation” because this regulation is easily abused. “In reality, there have been cases where the denouncer had to withdraw his complaint due to threats, enticement or bribery,” said Nguyen Khac Dinh, Chairman of the National Assembly’s Law Committee. |
According to Tuoi Tre
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