Can anonymous denunciation be accepted?

I have the evidence to complain about some people embezzled, colluded with each other to withdraw the money used for building new rural roads, leading to the low quality of rural traffic. However, I don’t want to reveal my name in the complaint letter for fear of potentially affecting my family. I would like to know if my anonymous complaint letter could be accepted.

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

[1]. Law provisions on complaint letter

According to Article 22 of the Law on Denunciation 2018, the denunciation shall be made using a form and directly at a competent authority. Besides, according to Clause 1, Article 23 of this Law on the denunciation form:

“In the cases where a denunciation is made using a form, the denunciation form shall specify the date of denunciation; full name and address of the denouncer, methods of contacting the denouncer; denounced violations against the law; denounced party and other relevant authority. In the cases where multiple denouncers make a denunciation, the denunciation form shall specify denouncers' full name, address and method of contacting each denouncer; the full name of the representative of each denouncer.

The denouncer shall sign or press his/her fingerprint on the denunciation form.”

In the cases where multiple denouncers makes a denunciation, the recipient shall instruct them to fill in the denunciation form or record the denunciation and request them to sign or press their fingerprint on the record.

Thus, according to this article, in case the denouncer makes a written denunciation, he/she must sign or press their fingerprint on the record.

[2]. Can anonymous denunciation be accepted?

When handling the anonymous denunciation, the recipient shall settle the denunciations under the methods according to Article 25 of the Law on Denunciation 2018:

+  Upon receipt of a denunciation, if it is impossible to identify full name and address of the denouncer or identify the denouncer despite verification, or the denouncer uses another person’s full name to make the denunciation or the denunciation is not made using the methods prescribed in Article 22 of this Law, the competent organization/individual must not settle the denunciation as prescribed by this Law.

+  In case the denunciation specified in Clause 1 of this Article clearly specifies information about the violator and specific documentary evidences for the violations and grounds for carrying out investigation and verification are available, the recipient shall carry out an inspection within its/his/her power or request another competent organization/individual to do so.

Therefore, in your case, if you don’t want to reveal your name in the denunciation, you have to make it clear and enclose the sufficient evidence and document to the denunciation so that the competent agency can investigate and settle it.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Ngo Thi My Tram

FDVN Law Firm

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