DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON DENUNCIATIONS

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law On Denunciations dated November 11, 2011;

Pursuant to the Law On Emulation and Commendation dated November 26, 2003;

At the request of the Inspector General of Government;

The Government issues the Decree detailing the implementation of a number of Articles of the Law on Denunciation,

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GENERAL PROVISIONS

Article 1. Scope of governing

This Decree details the following Articles of the Law on Denunciations:

1. Clause 2 and Clause 3, Article 19 of the cases many people denounce the same content.

2. Clause 3 of Article 30 of the publication to conclude the content of denunciations, the decision on handling the violations of denunciation.

3. Article 40 on the protection of denunciators.

4. Article 45 of the regime of reward for people who have achievements in the denunciation.

Article 2. Application subjects

1. This Decree applies to Vietnamese citizens, foreign individuals in Vietnam in the denunciation; agencies, organizations and individuals having acts of denunciation; agencies, organizations and individuals that are competent to settle denunciation and other agencies, organizations and individuals involved in the settlement of denunciations.

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Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Relatives of the denunciators, including: spouses, natural father, mother, adoptive father, mother, mother in law or father in law, natural or adoptive children, natural younger or older brothers, sisters of the denunciators.

2. Persons who are competent to protect the denunciators, including: The agencies that are competent to receive, settle denunciations, the Public Security force at all levels and other agencies, organizations and individuals involved in the application of measures to protect the denunciators, relatives of the denunciators.

Chapter 2.

IN CASE OF MANY PEOPLE TOGETHER PRONOUNCE; PUBLICATION TO MAKE CONCLUSIONS ON CONTENT OF DENUNCIATIONS, DECISION ON HANLING THE VIOLATIONS OF PRONUNCIATIONS

SECTION 1. APPOINTMENT OF REPRESENTATIVES TO PRESENT DENUNCIATIONS

Article 4. The number of representatives

1. While many people denounce together in the same content, they must appoint a representative to present the denunciations. The representative must be the denunciator.

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a) In case of having 5 to 10 denunciators, then appoint one or two representatives;

b) In case of having 10 or more denunciators, then may appoint additional representatives, but not more than 5 people.

Article 5. Documents for appointing the representatives

1. In case many people together denounce in writing, in the written denunciation, it must be stated clearly full name and address of the representative. In case many people come together to denounce directly, it must appoint a representative to present the denunciation.

The appointment of representatives to present denunciations shall comply with the provisions of Clause 2 and Clause 3 of Article 19 of the Law on Denunciations, Article 4 of this Decree and is expressed in writing.

2. Document appointing a representative for the denunciation must contain the following contents:

a) Day, month, year;

b) Full name and address of the representative;

c) The contents of representation;

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đ) Other related contents (if any).

3. The representative shall be responsible before the law for the legality of the representation and document appointing representative.

SECTION 2. RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN THE COORDINATION OF SETTLEMENT FOR THE CASES MANY PEOPLE TOGETHER DENOUNCE

Article 6. Responsibilities of agencies, organizations and individuals in the coordination of settlement for the cases many people together denounce the same content in communes, wards and townships

1. When many people denounce together and gather in the communes, wards and townships, Chairmen of the People's Committees of communes, wards and townships (referred to as the commune-level People's Committee chairmen) shall:

a) Assign officials to receive representatives of the denunciators for hearing the presentation on the denunciation content; explain and guide the people to exercise their right to denounce as prescribed by law.

In the complex cases, the commune-level People's Committee chairmen directly receive or preside over and coordinate with the Fatherland Front, concerned socio-political organizations to receive the representative of the denunciators for hearing the presentation on the denunciation content;

b) Direct the commune-level public security force to maintain public order where the denunciators gather.

2. Commune-level People's Committee chairmen assume for settlement in accordance with the law on denunciations under their jurisdiction; if the denunciations are not under the their jurisdiction, then guide the denunciators to come to the competent agencies, organizations and individuals for settlement.

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Article 7. Responsibilities of the agencies, organizations and individuals in the coordination of settlement for the cases many people together denounce in rural, urban districts, towns and provincial cities

1. When many people denounce together and gather in the agencies of in rural, urban districts, towns and provincial cities (collectively as district level), the heads of the agencies shall appoint officials to receive and hear the representatives of the denunciators to present the denunciation content; explain and guide the people to exercise their right to denounce as prescribed by law. In the complex cases, the heads of the agencies shall directly receive and hear the representatives of the denunciators to present the denunciation content.

The heads of the agencies shall assume for settlement in accordance with the law provisions for the denunciations falling under their jurisdiction; if the denunciations do not fall under their jurisdiction, then guide the denunciators to go to the competent agencies, organizations and individuals for settlement.

2. When many people denounce together and gather in the district-level People's Committees or place where citizens are received in district-level, persons who are in charge of receiving citizens are responsible for staffing and hearing representatives of the denunciators to present denunciation content; explain and guide the people to exercise their right to denounce as prescribed by law.

When necessary, persons who are in charge of receiving citizens directly receive representatives of the denunciators; request the chairmen of the commune-level People's Committees where the denunciations occurred and the concerned agencies and organizations to provide for information and documents  and appoint persons who have responsibility for receiving representatives of the denunciations.

3. In the complex cases, the People's Committee chairmen of rural, urban districts, towns and provincial cities (referred to as district-level People's Committee chairmen) directly receive or appoint the responsible persons to receive and hear the representatives of the denunciators to present the denunciation content. When necessary, request the chairmen of the commune-level People's Committees where the denunciations occurred and the concerned agencies and organizations to provide for information and documents and appoint persons who have responsibility for receiving representatives of the denunciations.

4. The commune-level People's Public Security force chiefs managing their respective areas where the denunciators gather are responsible for maintaining public order; handling the violations according to law provisions.

District-level Public Security force chiefs are responsible for monitoring, understanding the situation of denunciations to advise the competent authorities to handle situations arising in the process of denunciation settlement; taking the measures to ensure public order; handling violations according to law provisions.

Article 8. Responsibilities of the agencies, organizations and individuals in the coordination of settlement for the cases many people together denounce in the provinces, cities directly under the Central Government

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The heads of the agencies shall assume for settlement in accordance with the law provisions for the denunciations falling under their jurisdiction; if the denunciations do not fall under their jurisdiction, then guide the denunciators to go to the competent agencies, organizations and individuals for settlement.

2. When many people denounce together and gather in the provincial-level People's Committees or place where citizens are received in provincial-level, persons who are in charge of citizens receiving offices are responsible for staffing and hearing representatives of the denunciators to present denunciation content.

When necessary, persons who are in charge of citizens receiving offices directly receive representatives of the denunciators; request the chairmen of the commune-level, district-level People's Committees where the denunciations occurred and the concerned agencies and organizations to provide for information and documents  and appoint persons who have responsibility for receiving representatives of the denunciations.

3. In the complex cases, the People's Committee chairmen of provinces, cities directly under the Central Government (referred to as provincial-level People's Committee chairmen) directly receive or appoint the responsible persons to receive and hear the representatives of the denunciators to present the denunciation content. When necessary, request the chairmen of the commune-level, district-level People's Committees where the denunciations occurred and the concerned agencies and organizations to provide for information and documents and appoint persons who have responsibility for receiving representatives of the denunciations.

4. The commune-level, district-level People's Public Security force chiefs managing their respective areas where the denunciators gather are responsible for maintaining public order; handling the violations according to law provisions.

Provincial -level Public Security force chiefs are responsible for monitoring, understanding the situation of denunciations to advise the competent authorities to handle situations arising in the process of denunciation settlement; taking the measures to ensure public order; handling violations according to law provisions.

Article 9. Responsibilities of agencies, organizations and individuals in the coordination of settlement for the cases many people together denounce to the central agencies

1. When many people denounce together and gather in the central agencies, the heads of the agencies shall appoint officials to receive and hear the representatives of the denunciators to present the denunciation content; explain and guide the people to exercise their right to denounce as prescribed by law. In the complex cases, the heads of the agencies shall directly receive and hear the representatives of the denunciators to present the denunciation content.

The heads of the agencies shall assume for settlement in accordance with the law provisions for the denunciations falling under their jurisdiction; if the denunciations do not fall under their jurisdiction, then guide the denunciators to go to the competent agencies, organizations and individuals for settlement.

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a) Appoint officials or preside over, coordinate with the standing representatives of the agencies participating in receiving citizens at the citizens receiving office;

b) When deemed necessary, request the provincial-level, district-level People's Committee leaders where the denunciations occurred to participate or appoint the responsible persons to join in reception of representatives of the denunciators;

c) Require the concerned agencies and organizations to provide for information and documents; participate in reception of representatives of the denunciators;

d) Coordinate with the provincial-level People's Committee chairmen to persuade citizens to return to their localities.

3. Chairmen of the provincial, district-level People's Committees where the denunciations occurred are responsible for:

a) Directly receiving or appointing the responsible persons for coordinating with the persons who are in charge of the citizens receiving office of the Party Central Committee and the State and the relevant authorities of the central government to receive representatives of the denunciators;

b) Providing for information and documents on the denunciations at the request of the competent authority;

c) Settling the denunciations under their jurisdiction or directing the state agencies under the right of management, settlement of denunciations in accordance with the law provisions;

d) Persuading and convincing, taking measures for citizens to return to their localities.

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5. Commune, district, provincial-level Public Security force chiefs managing their respective areas where the denunciators gather are responsible for protecting agencies, officials receiving citizens and maintaining public order; handling the violations according to law provisions.

6. Ministry of Public Security is responsible for monitoring, understanding the situation of denunciations to advise the competent authorities to handle situations arising in the process of denunciation settlement; taking the measures to ensure public order; handling violations according to law provisions.

Article 10. Responsibilities of the General Inspector of Government, the Minister of Public Security, Chairman of the Hanoi People's Committee and Chairman of People's Committee of Ho Chi Minh city

1. Within the scope of their functions, duties and powers, the General Inspector of Government, the Minister of Public Security are responsible for the implementation, guidance, inspection and urging of the ministries, branches, localities, Public Security force, inspection agencies at all levels in handling the case that many people denounce together.

2. Chairman of the Hanoi People's Committee, Chairman of People's Committee of Ho Chi Minh City are responsible for support, coordination with the General Inspector of Government, the Minister of Public Security, citizens receiving offices of Party Central Committee and the State in Hanoi and Ho Chi Minh and the concerned ministries, branches in the handling of the cases that many people denounce together as required.

SECTION 3.PUBLICATION ON CONCLUSION OF THE DENUNCIATION CONTENT; DECISION ON HANDLING THE VIOLATIONS TO BE DENOUNCED

Article 11. Publication on conclusion of the denunciation content; decision on handling the violations to be denounced

1. Within 10 days from the date of conclusion of the denunciations, decision on handling the violations to be denounced, those who are competent to settle the denunciations are responsible for publication of conclusion of the denunciation content; decision on handling the violations to be denounced.

2. For the denunciations toward violations of law of officials and public servants, public employees in performing the task, the public task, the publication on conclusion of the denunciation content; decision on handling the violations to be denounced shall comply one of the forms specified in Clause 1, Article 30 of the Law on Denunciation and is done as follows:

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b) Post at the working office or the citizens receiving office of the agencies, organizations settling denunciation, deciding on handling the violations of denunciation within 15 days from the date of posting;

c) Inform on the mass media including: radio, television, print press, electronic press. Persons who are competent to settle denunciation can select one of the forms of notification on radio, television, print press, electronic press to make the publication. In case the agency of person who is competent to settle denunciation has e-portal or electronic information page, it must be publicized on e-portal or electronic information page.

The number of times publicized on the radio: at least 02 times; television: at least 02 times; print press: at least 02 times; time to publish in the e-press, on the electronic portal or on electronic information page of the agency settling denunciations is at least 15 days from the date of notification

3. For the denunciation of the violations of the law on state management in the fields, the publication on the conclusion of the denunciations content, decision on handling the violations to be denounced by one of the forms specified at Point b, c, Clause 2 of this Article.

Chapter 3.

THE MEASURES TO PROTECT THE DENUNCIATORS AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS THAT ARE COMPETENT IN THE PROTECTION OF THE DENUNCIATORS

SECTION 1. PROTECTION OF CONFIDENTIALITY OF INFORMATION OF THE DENUNCIATORS

Article 12. Protection of confidentiality of information of the denunciators during the reception, assumption and settlement of denunciation

1. Upon receipt of the denunciation, assumption for the denunciation settlement, the competent agencies, organizations, and individuals must study and determine the content of the case, information if disclosure is made would be detrimental to the denunciators to apply appropriate measures to keep the information in confidentiality for the denunciators. When necessary, it can be omitted name, address, autographs and other personal information of the denunciator out of the written denunciation and the documents, vouchers accompanied, and store and manage information on the denunciators by the regime of confidential information.

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3. In case of finding non-competent persons having acts of collecting information of the denunciators, the person who settle denunciations shall take the measures within their competence or proposal of persons who are competent to apply measures to prevent or handle violators.

Article 13. Responsibility to protect confidential information of the denunciators of the concerned agencies, organizations and individuals

Agencies, organizations and individuals involved in the provision of information and documents, coordination with denunciation settlement, enforcement of the decision on handling the violations of law shall apply the appropriate, necessary measures to protect confidential information for the denunciators.

SECTION 2. PROTECTION OF LIFE, HEALTH, PROPERTY, HONOR, DIGNITY, PRESTIGE AND OTHER PERSON RIGHTS OF THE DENUNCIATORS AND THEIR RELATIVES

Article 14. Protection of life, health of the denunciators and their relatives

1. When there is evidence that the denunciations may cause harm to the lives and health of the denunciators or their relatives, the denunciators have the right to require the persons who are competent to settle denunciations, the public security force where the denunciators or their relatives reside, work, study or the competent agencies, organizations and individuals to apply the measure of protection. Protection requirements of the denunciators must be in writing. In case of emergency, the denunciators may request directly orally or through other media, but then must be made in writing.

2. In the process of denunciation settlement if there is evidence of the risk of causing damage to the lives and health of the denunciators or their relatives (referred to as the protected persons), the persons who are competent to settle denunciations shall direct or coordinate with the public security force where the denunciators or their relatives reside, work, study or the competent agencies, organizations and individuals to apply the measure of protection and inform the protected persons thereof.

3. In case of determining the ongoing infringement to the protected person or the immediate risk, depending on the nature and severity of the act of infringement, the persons who are competent to settle denunciations must direct or coordinate with the public security force where the protected person resides, works, studies or other competent agencies, organizations, individuals to immediately apply the following protection measures:

a) Arrange forces, means and tools to protect the safety for the protected person in the necessary place;

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4. When stopped the act of infringement to the life and health of the protected person, as the case by case, the persons who are competent to settle denunciations direct, and coordinate with the public security force where the protected person resides, works, studies or other competent agencies, organizations, individuals to apply the following measures:

a) Handle according to competence or propose competent persons to handle the act of infringement;

b) In case of determining the infringement to the life and health of the protected person may re-happen, make a decision to protect and set up the protection plans. Protection plan must contain: protected person; protection method; term of protection; guard force; responsibility, forms of, content of coordination between related agencies, organizations and protection funding.

5. Based on the nature, extent and ability to occur in practice of the act of infringement to the life, health of the protected person, agency making a decision to protect shall consider and apply the measures provided for in Clause 3 of Article 39 of the Law on Denunciations and the following measures:

a) Limit the scope of travel and communication relations, visit and meeting, work, study of the protected person in a certain period of time;

b) Remove and keep secret the place to live, work, study of the protected person;

c) Handle administratively or propose for criminal liability for the acts of attack, harm or threat to attack, infringe;

d) Apply other administrative measures to prevent the acts of attack, harm or threat to attack, infringe the protected person;

đ) Change whereabouts, background, personal characteristics, the identity of the protected person. This measure applies only when there is consent of the protected person and the act of infringement or threat of infringement is dangerous especially related to transnational organized crime, drug-related crime or other particularly serious crime under criminal law.

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1. When there is evidence that the denunciations may cause harm to the assets of the denunciators or of their relatives, the denunciators have the right to require the persons who are competent to settle denunciations, the public security force where their assets locate or other competent agencies, organizations and individuals to apply the measure of protection. Protection requirements of the denunciators must be in writing.

2. In the process of denunciation settlement if it deems to have the risk of causing damage to the protected person's assets, persons who are competent to settle denunciations shall apply under its competence or propose competent persons to apply the measure of protection and inform the protected persons thereof.

3. In case of determining the ongoing infringement of assets or the immediate risk, depending on the nature and severity of the act of infringement, the persons who are competent to settle denunciations must direct or coordinate with the public security force where the assets locate or other competent agencies, organizations and individuals to apply the measure of protection. When the act of infringement is stopped, persons who are competent to settle denunciations under their competence direct or coordinate with the public security force where the assets locate or other competent agencies, organizations and individuals to apply the following measures of protection:

a) Ask those who commit acts of infringement to the assets of the protected person to terminate the violation;

b) Handle according to competence or propose the competent persons to handle the violations according to law provisions.

Article 16. Protection of prestige, honor, dignity and other personal rights of the denunciators, their relatives

1. When there is evidence that the denunciations may cause harm to prestige, honor, dignity or other personal rights of the denunciators or of their relatives, the denunciators have the right to require the persons who are competent to settle denunciations, the public security force where they reside, work or study or other competent agencies, organizations and individuals to apply the measure of protection. Protection requirements of the denunciators must be in writing.

2. Based on the nature and severity of the violations, the persons who are competent to protect apply the following protection measures:

a) Request the infringer to terminate the violations and forced apology, correction to the public;

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c) Request the concerned agencies, organizations and units concerned to restore the honor and prestige, dignity and personal rights of the protected person infringed.

SECTION 3. PROTECTION OF WORK LOCATION, JOBS OF THE DENUNCIATORS, THEIR RELATIVES

Article 17. Protection of work location, jobs of the denunciators, their relatives as officials and public servants, public employees

1. When there is evidence that the denunciations were victimized, discriminated, transferred job by the competent people to manage, use leading to decrease of income, causing damage to the legitimate rights and benefits, the denunciators who are officials and public servants, public employees have the right to request the persons who are competent to settle denunciations to make the necessary protection measure. Protection requirements must be in writing.

2. No later than 05 working days from the date of receipt of a written request for protection, persons who are competent to settle denunciations are responsible for inspection and verification. The time limit for inspection and verification is 05 working days. Where there is evidence that the denunciator's request is legitimate, no later than 05 working days, persons who are competent to settle denunciations shall take measures within their competence or propose the competent persons to apply the protection measures provided for in Clause 4 of Article 37 of the Law on Denunciations and the following measures:

a) Transfer jobs of the protected persons to other agencies, organizations or units if it has their consent to avoid being victimized, discriminated;

b) Make a decision to process according to competence or propose the competent persons to handle in accordance with law provisions for the persons having acts of reprisal, retaliation, threat affecting the lawful rights and interests of the protected persons.

Article 18. Employment protection of the denunciators, their relatives as persons working under labor contracts that are not public employees

1. The denunciators, their relatives as persons working under labor contracts may demand grassroots trade union organizations, labor management agencies or other competent authorities in the locality where the denunciators, their relatives reside to take measures to protect their legitimate rights and interests. Protection requirements must be in writing.

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 a) Request the employer to terminate the violation; restore positions, employment, earnings, and other legitimate interests from the jobs for the protected persons;

b) Propose the competent persons to handle according to law provisions.

Chapter 4.

REWARD PERSONS WHO HAVE ACHIEVEMENT IN DENUNCIATIONS

Article 19. The principle of reward for persons who have achievement in denunciations

The reward must be accurate, fair and timely manner, ensured consistency between the nature, form and object of reward, and incorporated between the motivational incentives and physical benefits. The consideration of the reward is only done once for a performance of each object.

Article 20. Forms of reward

1. Medal of Courage.

2. Certificate of Merit of the Prime Minister.

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4. Certificates of Merit of the heads of agencies, units of the ministries, ministerial-level agencies, the Governmental agencies, central departments, branches, associations; heads of specialized agencies of the provincial-level People's Committees and equivalent level, commune, district-level People's Committee presidents, and other competent units, agencies.

Article 21. Criteria for reward

1. Courage Medal is conferred or posthumously conferred for individuals achieved one of the following criteria:

a) Without being afraid to sacrifice their lives, their own spirit, physical benefits and their relatives, they had the courage to denounce, actively collaborated with the competent agencies, organizations and individuals in detection, prevention and handling of violations of the law causing particularly serious consequences; achievements having the effect of encouragement, education, as an idol for people within the province, city, area or more;

b) Sacrifice their life or be injured, damaged to their health with an injury rate of 61% or more by the denunciation, prevention from the violations of law.

2. Certificate Merit of the Prime Minister is used to confer or posthumously confer for individuals achieved one of the following criteria:

a) Had the courage to denounce, actively collaborated with the competent agencies, organizations and individuals in detection, prevention and handling of violations of the law causing particularly serious consequences; achievements having the effect of encouragement, education, as an idol for people within the region or many ministries, branches, provinces and the central associations or more;

b) Be injured or damaged to their health with an injury rate of 31% to less than 61% by the denunciation, prevention from the violations of law.

3. Certificates of Merit of the ministries, branches and provincial, central associations levels is used to confer or posthumously confer for individuals achieved one of the following criteria:

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b) Be injured or damaged to their health with an injury rate of 11% to less than 31% by the denunciation, prevention from the violations of law.

4. Certificate of Merit is used to confer or posthumously confer for the individuals with outstanding achievements in the denunciation, detection and prevention for the violations of law recognized by agencies, grassroots units or more; achievements having the effect of encouraging education, as an idol for people within the units of grassroots-level or higher.

Article 22. Recommendation for reward

1. After the conclusion of the denunciations, the persons who are competent to settle denunciation request the competent authorities to decide on rewards for persons who have achievements in the denunciation in accordance with the provisions of this Decree.

2. People who have achievements in the denunciations may request the competent State agencies or agencies settling denunciation (collectively referred to as the competent agencies) to consider and decide on the reward for them. If People who have achievements in the denunciation died, their families or agencies or organizations, the legal representatives of the denunciators have the right to request the competent agencies to consider the reward for them.

Article 23. Records and procedures for reward

1. The reward for people who have achievements in the denunciation proposed reward is according to simple procedures. The competent persons propose reward right after the denunciators have achieved excellent, extraordinary merit.

2. Dossier proposing reward:

a) The written proposal of denunciation settling person;

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c) The written proposal of the denunciator (if any).

Article 24. Reward fund and reward levels

1. Funding for rewarding people who have achievements in the denunciations shall be deducted from the reward funds of the agencies or organizations that are competent to settle denunciations. The Ministry of Finance shall preside over, coordinate with the Government Inspectorate, Ministry of Home Affairs to specify the establishment, management and use of reward funds for people who have achievements in the denunciations.

2. Individuals who have achievements in the denunciations, apart from being rewarded the Medal of Merit, Certificate of Merit under the provisions of this Decree also be accompanied by an amount of reward. The reward level is based on the minimum wage prescribed by the State at the time of consideration for reward in accordance with the law on emulation and commendation.

For Individuals who have achievements in the denunciations of acts of corruption shall be considered for reward in accordance with provisions of the law on prevention and combat of corruption.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 25. Effect

This Decree takes effect from November 20, 2012 and replaces the provisions on denunciation and denunciation settlement in the Decree No.136/2006/ND-CP dated January 14, 2006 of the Government detailing and guiding the implementation of the Law on Complaints and Denunciations and the Laws Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

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The Ministers, heads of ministerial-level agencies, the heads of the Governmental agencies, Presidents of the People's Committees of provinces and cities directly under the Central Government and other concerned agencies, organizations and units shall implement this Decree./.

FOR THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

Nghị định 76/2012/NĐ-CP hướng dẫn Luật tố cáo