The Government issued Decree No. 305/2026/ND-CP amending and supplementing a number of articles of Decree No. 28/2019/ND-CP dated March 20, 2019 of the Government stipulating denunciations and settlement of denunciations in the People's Army.
Decree No. 305/2026/ND-CP amends and supplements Article 1 (on the scope of regulation), Article 2 (on the subjects of application) of Decree No. 28/2019/ND-CP in the direction of adding 3 groups of subjects including: People working in cipher organizations in the Government Cipher Committee under the management authority of the Minister of National Defense; national defense civil servants and contract workers under the Ministry of National Defense.
The addition of these 3 groups of subjects is to ensure compliance with the Constitution, consistency with current laws and compliance with the practice of resolving denunciations in the People's Army.
The Decree also supplements clauses 7, 8, 9 after clause 6 of Article 5 in the direction of determining the authority to resolve denunciations in cases of denunciations of many military personnel with different positions, in which at least 1 person is a commander; cases of denunciations of many military personnel belonging to many different units and the authority of the Minister of National Defense in the principle of determining the authority to resolve denunciations as follows:
Denunciating acts of law violations in the performance of duties and official duties of many soldiers, people working in cipher organizations, national defense civil servants, national defense workers and public employees, contract workers under the Ministry of National Defense, including at least 1 person who is a commander on the same denunciation content is handled as follows:
In case the accused are from the same agency or unit, it shall be resolved by the head of military administration of the agency or unit directly above the accused commander;
In case the accused are not from the same agency or unit, the head of military administration of the agency or unit directly above the accused commander shall preside over and resolve; the head of military administration of the agency or unit with the authority to manage the other accused shall coordinate in resolving;
In case the accused have 2 or more people who are commanders of different agencies and units under one agency or unit that is directly subordinate to the Ministry of National Defense, the head of military administration of the agency or unit directly subordinate to the Ministry of National Defense shall resolve or determine the jurisdiction to resolve.
Denunciations of acts of law violations in the performance of duties and official duties by many military personnel, people working in cipher organizations, national defense civil servants, national defense workers and public employees, contract workers under the Ministry of National Defense directly under many different agencies and units are handled as follows:
In case the agencies and units of the accused are directly under a higher-level agency or unit directly under management, they shall be resolved by the head of military administration of that higher-level agency or unit;
In case the accused are directly under many different agencies and units, the head of military administration directly above the agencies and units where the accused are working shall take the lead in resolving; the head of military administration of agencies and units with the authority to manage the accused shall coordinate in resolving.
The Minister of National Defense determines the authority to resolve denunciations against agencies, units, organizations, soldiers, people working in cryptography organizations, national defense civil servants, national defense workers and public employees, contract workers under the Ministry of National Defense at the time of the violation under its management and not under the prescribed cases.
