1. What is a criminal denunciation petition?

According to Article 144.1 of the 2015 Criminal Procedure Code (as amended and supplemented in 2017): “A criminal denunciation refers to an individual’s act of reporting conduct showing signs of a criminal offense to a competent authority.” Accordingly, the subject of a criminal denunciation is an individual (who may be the victim or a direct witness) who discovers and reports conduct indicating signs of a criminal offense. A criminal denunciation can be made either orally or in writing.

Thus, a criminal denunciation petition constitutes a form of criminal denunciation through which an individual provides information, indications, or facts suggesting a violation of the law for competent authorities to review, verify, and take appropriate actions. Competent authorities are legally obligated to fully receive and promptly address all criminal denunciations made by citizens.

2. Where to submit a criminal denunciation petition?

According to Article 5 of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC, the responsibilities for receiving criminal denunciations are stipulated as follows:

“a) Investigation agencies;

b) Agencies assigned to conduct certain investigative activities;

c) People's Procuracies at all levels;

d) Other agencies and organizations as specified at Article 145.2.b of the 2015 Criminal Procedure Code, including: Commune, ward, and township police offices; Police stations and substations; People's Courts at all levels; Press agencies; And other relevant agencies and organizations.”

According to the guidance of the Ministry of Public Security, as from March 1, 2025, the following police units and agencies are authorized to receive criminal denunciations:

• Communal, ward, and township police; Local police stations;
• Agencies under the People’s Public Security Forces assigned to conduct certain investigative activities;
• Provincial-level Security Investigation Agencies;
• The Security Investigation Agency under the Ministry of Public Security;
• Drug-related Crime Investigation Division;
• Division for Investigation of Corruption, Economic, and Smuggling-related Crimes;
• Social Order Crime Investigation Division;
• Office of the Criminal Investigation Agency at the provincial level;
• Drug-related Crime Investigation Department;
• Department for Investigation of Corruption, Economic, and Smuggling-related Crimes;
• Department for Investigation of Social Order Crimes;
• Office of the Criminal Investigation Agency under the Ministry of Public Security.

​When a citizen discovers a criminal offense, they may submit a criminal denunciation petition to any of the competent authorities mentioned above. These agencies and organizations are legally obligated to receive all criminal denunciations and must not refuse to accept them under any circumstances. As for the authority to handle such denunciations, Article 163 of the 2015 Criminal Procedure Code stipulates that the investigating agency has jurisdiction to investigate criminal cases that occur within its territorial area of competence. In cases where the criminal offense is committed in multiple locations or where the exact location of the offense cannot be determined, the investigation shall fall under the jurisdiction of the investigating agency in the area where the crime was discovered, or where the suspect resides or is arrested.

Therefore, citizens are advised to submit their criminal denunciation petitions to investigating agencies; agencies assigned to conduct certain investigative activities; People’s Procuracies; Communal, ward, or township police; Police stations; or People’s Courts at all levels… in the locality where the crime occurred, in order to ensure a prompt and efficient resolution. However, in cases where  a denunciation petition is submitted to an agency or organization not competent to handle the matter, such agency or organization is still required to duly receive the petition, classify the information, and forward it to the competent authority for proper handling in accordance with legal regulations.

3. How long does it take to process a criminal denunciation petition?

​According to Article 147 of the 2015 Criminal Procedure Code, the time limit for handling criminal denunciations is specifically stipulated as follows:

“1. Within 20 days from the date of receiving a criminal denunciation, crime report, or request for prosecution, the investigating agency or the agency assigned to conduct certain investigative activities must verify, examine the information, and issue one of the following decisions:

a) Decision to initiate criminal proceedings;

b) Decision not to initiate criminal proceedings;

c) Decision to temporarily suspend the settlement of the denunciation, crime report, or request for prosecution.

In cases where the reported crime, criminal denunciation, or request for prosecution involves complicated circumstances or requires verification in multiple locations, the time limit for settlement may be extended but shall not exceed 02 months. If the verification and examination cannot be completed within this period, the Chief Procurator of the same-level People’s Procuracy or the competent Chief Procurator may grant a one-time extension, which shall not exceed an additional 02 months.

2. No later than 5 days before the expiration of the verification period as prescribed in this clause, the investigating agency or the agency assigned to conduct certain investigative activities must submit a written request to the same-level People’s Procuracy or the competent Procuracy for an extension of the verification period.”

Accordingly, the time limit for  the settlement of a criminal denunciation is 20 days from the date the competent authority receives the report. In cases where the matter involves complicated circumstances or requires verification in multiple locations, the time limit may be extended to up to 02 months. In such cases, a one-time extension may be granted, but it shall not exceed an additional 02 months. Therefore, the maximum time limit for settling a criminal denunciation is 4 months.

4. Detailed guide on how to draft a criminal denunciation petition

Step 1. Identify the competent authority

When drafting a criminal denunciation petition, the denouncer must clearly indicate the name of the competent authority at the beginning of the petition. This is a crucial step to ensure that the petition is processed promptly and efficiently. Accurately identifying the responsible authority helps shorten the time needed for classification and forwarding of the petition.

Note: If you are unsure which authority has jurisdiction, you may submit the petition to the communal, ward, or township police, or the local police station where the crime occurred. According to Article 146 of the Criminal Procedure Code, these local police units are responsible for receiving the petition, conducting a preliminary verification, and either handling the matter themselves or transferring the petition, along with relevant documents and evidence, to the competent investigating agency.

Step 2. Personal information of the denouncer and the accused

2.1. Information of the denouncer

The denouncer must provide complete and accurate personal information so that the receiving authority can contact and verify the information when necessary:

• Full name
• Year of birth
• Personal ID number
• Contact address
• Phone number

​This information is extremely important, as in certain cases, the competent authorities may require you to provide additional details or participate in the investigation process. Providing complete and accurate information will help facilitate the effective handling of your denunciation petition.

However, pursuant to Article 56.1 of the Criminal Procedure Code, the denouncer has the right to “request the competent authority to keep their identity confidential.” This means that, in certain cases, the denouncer may choose not to disclose their personal information.

2.2. Information of the accused person

In a criminal denunciation petition, the denouncer is not legally required to provide complete or specific information about the accused individual. The burden of proving the criminal offense lies with the competent procedural authorities. However, to facilitate a prompt and effective resolution of the denunciation, the denouncer may provide the following information:

• Personal details: full name, year of birth, identification number, address, and phone number.
• Identifying characteristics: estimated age, physical appearance, clothing, distinguishing features, and common locations where the individual is frequently seen…

​Although providing information about the accused is not mandatory, it may offer valuable leads for the competent authorities in identifying the suspected offender and help expedite the verification and settlement of the matter.

Step 3. Identify the reported criminal act

Clearly describe the conduct that you believe constitutes a violation of the law Note that the reported act must exhibit signs of a criminal offense corresponding to one of the crimes defined in the 2015 Criminal Code

For example: Mr Bui Van H committed an act of fraud to appropriate my assets with a total value of 1200000000 VND (One billion two hundred million Vietnamese dong)

Step 4. Present the content of the denunciation

The content of the denunciation is the core part of the petition and plays an important role in providing information for the competent authority to receive, verify and resolve the case in accordance with the law. To ensure effectiveness, the content should be presented in a detailed, clear, logical and accurate manner.

• Time and location of the incident: This is basic information that helps the authorities determine the context of the case. Therefore, the denouncer should provide this information accurately and clearly.
• Information about individuals involved in the incident: Including the victim, witnesses, and other persons present at the scene…
• Summary of the content and developments of the incident in chronological order, from the beginning to the end.
• The cause leading to the incident (if any).
• Extent of damages or consequences (if any): Clearly describe any damages or consequences so that the competent authority has a basis to assess the severity of the alleged conduct and carry out the necessary investigative procedures to resolve the matter.

​Step 5. Request for resolution

The denouncer should clearly state their requests so that the competent authority has a legal basis for resolution:

• Request for investigation and verification of the incident;
• Request for legal action against the offender in accordance with the law;
• Request for compensation for damages, or request for restitution,…

For example: Based on the foregoing, I respectfully submit this petition to request that the Investigation Police Agency – Da Nang City Police receive, verify, and initiate criminal proceedings against the case in order to ensure that all criminal acts are addressed in a prompt and impartial manner, no offenders escape prosecution, and to deter similar violations in the future. I hereby request the competent authority to:

(1) Conduct verification and initiate criminal proceedings to investigate, prosecute, and bring Mr. Bui Van H to trial for the act of fraud and appropriation of assets amounting to VND 1,200,000,000 (One billion two hundred million Vietnamese dong);

(2) Compel Mr. Bui Van H to return the amount of VND 1,200,000,000 (One billion two hundred million Vietnamese dong) that he unlawfully appropriated from me;

Step 6. Supporting documents and evidence

Supporting documents and evidence serve as the basis for verifying the authenticity of the reported incident. These materials assist the investigating authorities in the following ways:

• Determining whether a criminal act has occurred;
• Identifying the perpetrator and clarifying relevant circumstances;
• Ensuring that the case is handled promptly and in accordance with the law.

Therefore, in the criminal denunciation petition, the denouncer should attach all relevant documents and evidence related to the alleged criminal conduct of the accused (e.g., photos, videos, text messages, contracts...). At the same time, copies of personal identification documents (such as the Citizen identification card, Passport...) should also be enclosed to facilitate verification and communication by the competent authority when necessary.

Note: Clearly list the attached documents in the petition, with a brief description of each;

​For example: Agreement on property between Mr. Bui Van H and Ms. Le Thi L dated August 27, 2024.

• Photographic evidence of the money handover dated November 15, 2024.
• Only copies or photocopies of documents should be attached to the petition, original documents should not be submitted.
• Ensure that all documents and evidence are accurate, authentic, and free from any alteration or manipulation.

Step 7. Commitment

The commitment section is an essential part of a criminal complaint, serving to affirm the truthfulness of the provided information and the legal responsibility of the denouncer.

Step 8. Signature

After completing all the sections above, you must sign and clearly print your full name on the criminal denunciation petition.

5. What are the important points to consider when drafting a denunciation petition?

​When drafting a denuciation petition, in addition to following the basic step-by-step instructions, the denouncer should pay close attention to the following key points:

5.1 The personal information of both the denouncer and the denounced must be clearly provided.

• Information about the denouncer: Full name, personal identification number or passport number, contact address, and phone number must be fully provided. In certain cases, the competent authorities may issue a notice requesting the denouncer to appear for clarification and verification of the reported information, as well as for confrontation with the denounced to clarify the circumstances of the case.
• Information about the denounced individual: This information is not mandatory. However, if the denouncer is aware of the person in question, it is advisable to provide basic details such as full name, address, phone number, identifying characteristics, and frequently visited locations. This will assist the competent authorities in promptly identifying and narrowing down the suspect.

​5.2 The denouncer has the right to have their personal information kept confidential.

One of the rights of a denouncer, as stipulated in Article 56 of the 2015 Criminal Procedure Code, is the right to request the competent authority to keep the act of denouncer confidential.

However, in this case, the Denunciation petition must ensure the following:

The contents of the petition must be presented clearly, specifically, and in detail;

• Relevant documents and evidence must be fully attached;
• The reason for refusing to provide certain information must be clearly stated in the denunciation petition.

​5.3 The contents of the denunciation petition must be presented in a clear and comprehensible manner.

• The events should be presented in chronological order, from the beginning to the end.
• The petition should be concise and to the point, avoiding unnecessary elaboration or irrelevant details. Only facts and circumstances directly related to the case should be mentioned, so that the competent authority can quickly grasp the relevant information upon receiving the denunciation petition.

5.4 Ensuring the authenticity of the denunciation’s contents.

• The information provided in the denunciation petition must be accurate. The denouncer should only provide information that is certain, and must avoid speculation or exaggeration. In cases where the denunciation is found to be false and the denouncer intentionally makes untrue allegations, depending on the nature and severity of the violation, the individual may be subject to disciplinary measures, administrative sanctions, or even criminal prosecution in accordance with the law.
• In the denunciation petition, the denouncer should also include a declaration affirming the authenticity of the information provided and a commitment to take legal responsibility in the event of a false report.

5.5 Use of accurate and appropriate language; avoid defamatory, offensive, or slanderous expressions

The contents of the denunciation must be presented in a polite and careful manner. For example, instead of stating “Mr. Bui Van H is a fraud,” the denouncer may write: “The actions committed by Mr. Bui Van H show signs of the crime of fraud and appropriation of property, with the misappropriated amount totaling VND 1,200,000,000.”

If the denouncer uses defamatory or slanderous language, the denounced has the right to file a complaint against the denouncer for the crime of defamation. Therefore, when drafting the denunciation, it is essential to use proper and cautious language.

5.6 Timely and complete submission of documents and evidence related to the denunciation

Evidence plays a central and vital role in criminal proceedings. In order to ensure that the denunciation petition is handled promptly and effectively, the denouncer must provide all relevant documents and evidence pertaining to the denunciation. Such evidence serves as crucial leads that enable the competent authorities to identify the denounced, verify the facts of the case, and establish a legal basis for resolving the matter in a timely and efficient manner, thereby avoiding any failure to detect or prosecute criminal acts.

6. Frequently asked questions regarding criminal denunciation petitions

(1) Are anonymous denunciations accepted?

Answer: Article 56.1 of the 2015 Criminal Procedure Code stipulates the rights of the denounced person as follows:

"To request the competent authority to keep the act of denunciation or crime reporting confidential."

Article 5.7 of Circular No. 28/2020/TT-BCA provides as follows:

“In cases where letters, petitions, or other forms of written communication do not clearly state the name, address, and do not bear the direct signature or fingerprint of the denouncer, informant, or sender, but contain clear information about the individual committing a legal violation, along with specific documents or evidence regarding such violation, and there are grounds for examination and verification, the receiving officer shall still proceed with receiving, categorizing, and handling the information in accordance with regulations.”

Thus, anonymous denunciations can still be considered by the authorities if the denouncer provides clear information about the alleged offender, includes concrete documents or evidence of the violation, and there are sufficient grounds for verification.

(2) Is it possible to file a denunciation online?

Answer: At present, citizens can file criminal denunciations online via the VNeID application using their electronic identification account, without the need to appear in person at competent authorities.

(3) Is it possible to withdraw a denunciation petition?

Answer: According to Article 55 of the Criminal Procedure Code, in cases where criminal proceedings are initiated at the request of the victim or the victim’s representative - when victim is a minor, a person with mental or physical disabilities, or deceased - if the person requesting prosecution withdraws their petition, the case must be dismissed. Thus, only in certain specific cases does the denouncer have the right to withdraw their denunciation petition.

(4) What are the consequences of making a false denunciation?

Answer: Depending on the nature and severity of the violation, a person who makes a false denunciation may be subject to legal consequences in accordance with the law.

• Disciplinary action for making a false denunciation:

“Article 23. Disciplinary action against whistleblowers who are cadres, civil servants, or public employees

Cadres, civil servants, or public employees who knowingly make false denunciations repeatedly, or who continue to make repeated denunciations without evidence after the matter has been lawfully and properly resolved by a competent authority or person; who coerce, incite, entice, or bribe others to make false denunciations; or who use someone else’s name to file denunciations in a manner that causes internal disunity or affects the reputation and normal operations of an agency, organization, or unit, shall, depending on the nature and severity of the violation, be subject to disciplinary action or criminal prosecution in accordance with the law.”

• Administrative penalties for making a false denunciation:

“Article 9. Acts of making false denunciations or crime reports

1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for intentionally making a false denunciation or reporting a crime that is untrue.

2. A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed for any of the following acts, unless otherwise specified in clause 3 of this Article:

a) Intentionally making a false denunciation or crime report that affects the reputation of an agency or a competent person;

b) Inciting, inducing, deceiving, bribing, threatening, or using force to compel another person to make a false denunciation or crime report.

3. A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed on any lawyer who commits any of the acts specified in clause 2 of this Article.

4. Additional penalty:

Confiscation of exhibits and instruments used for committing the administrative violation for the acts prescribed in Clauses 1, 2, and 3 of this Article."

• Criminal liability for making a false denunciation:

“Article 156. Crime of Slander

1. Any person who commits any of the following acts shall be subject to a fine ranging from VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 2 years or imprisonment from 3 months to 1 year:

b) Fabricating that another person has committed a crime and denouncing them to a competent authority.

2. If the offense falls under one of the following circumstances, the offender shall be sentenced to imprisonment from 1 year to 3 years:

h) Slandering another person for having committed a very serious or especially serious crime."

The above is the complete guide to drafting a criminal denunciation petition that Phong & Partners is pleased to provide to our valued clients. Preparing a well-structured and sufficiently detailed denunciation petition is critically important—not only to protect the rights of citizens, but also to enable competent authorities to promptly receive and process the information, thereby avoiding any omission of criminal offenders. At Phong & Partners, we are committed to accompanying our clients in their pursuit of justice. We provide legal consultancy, assist in drafting denunciation petitions, prepare case files, and participate in legal representation and defense to safeguard our clients’ legitimate rights and interests. With dedication and professionalism, we are committed to delivering the highest-quality legal services to our clients.