The Law on Denunciations (the Law) was passed last November together with the Law on Complaints. These laws will take effect in July and replace the 1998 Law on Complaints and Denunciations (amended twice in 2004 and 2005).
The 8-chapter and 50-article Law is expected to further facilitate the people’s exercise of their right to denunciation.
As per the Law, denunciation is a report made by a citizen to a competent agency, organization or person on an illegal act of any agency, organization or individual which causes damage or threatens to cause damage to the interests of the State or rights and legitimate interests of citizens, agencies or organizations.
Citizens may denounce illegal acts committed by cadres, civil servants or public employees when performing their public duties or by agencies, organizations and individuals in the state management.
Denunciations of foreigners residing in
Denunciation settling competence
For denunciations of illegal acts committed by cadres, civil servants or public employees on duty, the settling competence will be determined under Article 12 of the Law. Accordingly, if the denounced person is a cadre, civil servant or public employee, the head of his/her agency may settle the denunciation. If the denounced person is the head or deputy head of an agency or organization, the head of his/her direct superior agency or organization may settle the denunciation. The Law also contains provisions on the competence to settle denunciations of illegal acts committed by persons who are not cadres, civil servants or public employees.
Denunciations of illegal acts related to state management functions of any agencies will be settled by such agencies. Persons who have competence to impose administrative sanctions may settle these denunciations. For denunciations related to state management functions of several agencies, such agencies shall coordinate with one another to determine the settling competence or report to their superior agency for deciding which agency responsible for the settlement. For a denunciation which may be settled by several agencies, the settling competence will rest with the agency that first accepts the denunciation.
Denunciations of criminal acts will be settled by agencies conducting legal proceedings according to the criminal procedure legislation.
Under Article 19 of the Law, denunciations may be made verbally or in writing.
The time limit for settling a denunciation is 60 days from the date of receiving such denunciation for settlement. For a complicated case, such time limit may be longer, but must not exceed 150 days.
In case the time limit for denunciation settlement has expired but the denunciation is not settled or there are grounds to believe that the denunciation is settled not in accordance with law, the denunciator may make a denunciation to the direct superior agency of the denunciation settler.
A denunciation will be settled according to the order specified in Article 18 of the Law, specifically: 1) Receiving and handling denunciation information; 2) Verifying denunciation contents; 3) Making conclusion on denunciation contents; 4) Handling the conclusion on denunciation contents; and 5) Publicizing the conclusion on denunciation contents and the illegal act-handling decision.
Based on the conclusion on denunciation contents, denunciation settlers will handle them as follows: If the denounced person does not violate the law, they must notify such in writing to the denounced person and the agency managing such person and, at the same time, handle or request competent agencies to handle the person who deliberately makes the untruthful denunciation. If the denounced person violates regulations on public duties, denunciation settlers will handle them according to their competence or request competent agencies to handle them. When the denounced act shows signs of crime, they will transfer the case file to a competent investigating agency or procuracy for settlement.
The denounced person is entitled to request competent agencies, organizations or individuals to deal with the person who deliberately settled the denunciation illegally.
Under Article 20 of the Law, denunciations made in any of the following circumstances will not be accepted for settlement:
1) Denunciation already settled by a competent person but the denunciator fails to provide any new information or evidence;
2) Denunciation with contents insufficient for the determination of violators and illegal acts;
3) Denunciation which competent persons have no conditions for examining and verifying illegal acts and violators.
Publicizing denunciation settlement results
To meet the requirement of corruption prevention and control, the Law stipulates in Article 30 the publicity of denunciation settlement results. Denunciation settlers must publicize the conclusion on denunciation contents and illegal act-handling decisions in any of the following forms: i) Announcing at a meeting of the agency or organization in which the denounced person works; ii) Posting up at workplaces or citizen receiving places of agencies or organizations having settled denunciations or issued denounced illegal act-handling decisions; and iii) Announcing in the media.
The publicity must, however, not disclose the denunciator or State’s secrets.
In addition, both denunciator and denounced person will be informed of denunciation settlement results.
Denunciator protection
The Law devotes a separate chapter to denunciator protection, including protecting their personal secrets, lives, properties, health, honor as well as protecting them at their offices and homes.
Denunciation settlers are responsible for protecting denunciators. Under Article 36 of the Law, denunciation receiving and handling agencies, organizations or individuals must keep secret the full names, addresses and autographs of denunciators as well as other private information, whether such denunciators request or not. Also, they must apply or request related agencies to apply necessary measures to protect denunciators and their relatives.
Besides, the Law contains clear provisions on the rights and obligations of denunciators, denounced persons and denunciation settlers.-