What content must be included in a written request for adoption of protection measures for denouncers in Vietnam? What are the procedures for issuing decisions to protect denouncers in Vietnam?
What contents must be included in a written request for adoption of protection measures for denouncers in Vietnam?
Pursuant to the provisions of Article 50 of the 2018 Law on Denunciation in Vietnam stipulating as follows:
Request for adoption of protection measures
1. When the grounds specified in Clause 3 Article 47 of this Law, the denouncer shall submit a written request for adoption of protection measures to the denunciation handler.
2. A written request for adoption of protection measures shall contain at least:
a) Date of request;
b) Full name and address of the denouncer; full name and address of the person that is to be protected;
c) Reasons and contents of the request;
d) Signature or fingerprint of the denouncer.
3. 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.
According to the above provisions, when the grounds to believe that position, job, life, health, property, honor and dignity of the denouncers 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, the denouncer shall submit a written request for adoption of protection measures to the denunciation handler.
A written request for adoption of protection measures shall contain at least:
- 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.
What content must be included in a written request for adoption of protection measures for denouncers in Vietnam? What are the procedures for issuing decisions to protect denouncers in Vietnam?
What are the procedures for issuing decisions to protect denouncers in Vietnam?
Pursuant to Article 51 of the 2018 Law on Denunciation in Vietnam and Article 52 of the 2018 Law on Denunciation in Vietnam stipulating the procedures to protect denouncers as follows:
(1) Upon receipt of the request for adoption of protection measures, if the denunciation handler considers that the request is reasonable or finds that there are grounds specified in Clause 3 Article 47 of the 2018 Law on Denunciation in Vietnam during the process of settling the denunciation, it/he/she shall promptly decide to adopt protection measures within its/his/her jurisdiction or request a competent authority to do so.
(2) Upon receipt of the written request submitted by the denunciation handler, the competent authority shall consider deciding to adopt protection measures.
(3) In case the denouncer’s written request is unreasonable or protection measures do not have to be adopted, the competent authority shall provide written explanation to the denouncer or request the denunciation handler to do so.
(4) Competent authorities shall issue a decision on adoption of protection measures.
Note: The decision on adoption of protection measures shall be sent to the protected person, denunciation handler and other relevant organizations and individuals.
(5) After obtaining the decision on adoption of protection measures, competent organizations and individuals shall immediately adopt protection measures or cooperate with relevant organizations and individuals in doing so if necessary.
A decision on adoption of protection measures shall contain at least:
- Issuance date of the decision;
- Grounds for issuing the decision;
- Full name and address of the protected person;
- Protection measures; responsibilities of organizations and individuals that adopt protection measures.
- The date of adoption of protection measures.
How is the period over which protection measures are adopted calculated?
Pursuant to the provisions of Clause 5, Article 52 of the 2018 Law on Denunciation in Vietnam, the period over which protection measures are adopted is as follows:
Decision to adopt protection measures
....
5. The period over which protection measures are adopted begins from the date of their adoption to the date of termination of their adoption prescribed in Clause 2 Article 54 of this Law.
At the same time, referring to Clause 2, Article 54 of the 2018 Law on Denunciation in Vietnam, the period over which protection measures are adopted begins from the date of their adoption to the date of termination of their adoption in the following cases:
- The denunciation handler has issued a denunciation conclusion or a decision on termination of denunciation settlement;
- The authority that issues the decision on adoption of protection measures terminates the adoption of protection measures when considering that grounds for adoption of protection measures are no longer reasonable or at the request of the protected person.
Nguyễn Thị Hồng Nhung
