Vietnam: What are the protected aspects for denouncers? What are the rights and obligations of protected persons in denunciation activities?
- What are the protected aspects for denouncers in Vietnam?
- What are the rights and obligations of protected persons in denunciation activities in Vietnam?
- Which agency has the authority to adopt protection measures in denunciation activities in Vietnam?
- What are the contents of a written request for adoption of protection measures in denunciation activities in Vietnam?
What are the protected aspects for denouncers in Vietnam?
Pursuant to Article 47 of the Law on Denunciations 2018 as follows:
Protected persons and scope of protection
1. Protection of a denouncer means the protection of his/her information; protection of his/her position, job, life, health, property, honor and dignity and his/her spouse, natural parent, adoptive parent, stepfather, stepmother, natural child, adopted child (below collectively referred to as “the protected person”)
2. Every denouncer has his/her personal information protected, except the case in which he/she reveals it on his/her own.
3. If there are grounds to believe that position, job, life, health, property, honor and dignity of the persons specified in Clause 1 of this Article are being infringed or threatened to be immediately infringed or such persons are victimized due to the denunciation, the denunciation handler or another competent authority shall decide to adopt necessary protection measures on its/his/her own or at the request of the denouncer.
According to the above provisions, the protected aspects for denouncers are:
- Protection of his/her information;
- Protection of his/her position,
- Protection of his/her life, health, and property,
- Protection of honor and dignity,
- Protection of his/her spouse, natural parent, adoptive parent, stepfather, stepmother, natural child, or adopted child.
What are the rights and obligations of protected persons in denunciation activities in Vietnam?
Pursuant to Article 48 of the Law on Denunciations 2018, the rights and obligations of protected persons are as follows:
- Protected persons have the following rights:
+ Be aware of protection measures;
+ Be provided with an explanation for his/her rights and obligations when protection measures are adopted;
+ Request revisions to or termination of adoption of protection measures;
+ Refuse to be protected;
+ Be compensated as prescribed by the law on State compensation liability in case the denouncer has requested the denunciation handler or another competent authority to adopt protection measures but they fail to adopt protection measures or fail to adopt them in a timely manner or adopt them against the law, causing damage to his/her life, health, property or spiritual life.
- Protected persons have the obligations to:
+ Strictly comply with the request of the authority that has the power to adopt protection measures;
+ Keep information concerning the protection secret;
+ Promptly notify the authority in charge of adopting protection measures of the issues that arise during the protection period.
Which agency has the authority to adopt protection measures in denunciation activities in Vietnam?
Pursuant to Article 49 of the Law on Denunciation 2018 as follows:
Authorities that have the power to adopt protection measures
1. Denunciation handlers shall protect the information, position, and job of protected persons under their management and other contents that fall within their jurisdiction. In case it is beyond their jurisdiction, they shall request competent organizations/individuals to adopt protection measures.
2. Authorities that receive and verify denunciations shall protect denouncers' information.
3. Police authorities shall take charge and cooperate with relevant organizations and individuals in protecting life, health, property, honor and dignity of protected persons.
4. Authorities in charge of management of officials, public officials, public employees and workers shall, within their jurisdiction, take charge and cooperate with relevant authorities in protecting position and job of protected persons.
5. People’s Committees at all levels, trade unions at all levels and other organizations and individuals shall, within their jurisdiction, cooperate with competent authorities in adopting measures to protect information, position, job, life, health, property, honor and dignity of protected persons.
Accordingly, the following agencies have the authority to adopt protection measures in denunciation activities in Vietnam:
- Police authorities
- Authorities in charge of the management of officials, public officials, public employees, and workers
- People’s Committees at all levels, trade unions at all levels, and other organizations and individuals
What are the contents of a written request for adoption of protection measures in denunciation activities in Vietnam?
Pursuant to Clause 2, Article 50 of the Law on Denunciations 2018, the contents of a written request for adoption of protection measures in denunciation activities in Vietnam are:
+ Date of request;
+ Full name and address of the denouncer; full name and address of the person that is to be protected;
+ Reasons and contents of the request;
+ Signature or fingerprint of the denouncer.
Note: In the event of an emergency, the denouncer may immediately request the denunciation handler directly or over the telephone to adopt protection measures and such request shall be then made in writing.
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