07:08 | 06/12/2022

What is included in the documents about adoption of protection measures for denouncers in Vietnam? What are the responsibilities of the authority deciding to protect denouncers?

What is included in the documents about adoption of protection measures for denouncers in Vietnam? What are the responsibilities of the authority deciding to protect denouncers? Question of Ms. Ha in Hanoi.

What is included in the documents about adoption of protection measures for denouncers in Vietnam?

Pursuant to Clause 2, Article 55 of the 2018 Law on Denunciation of Vietnam:

Documents about adoption of protection measures in Vietnam
1. The protection of denouncers shall be documented.
2. According to each specific case, the documents about adoption of protection measures include:
a) A written request for adoption of protection measures made by the denouncer and the denunciation handler;
b) Result of verification of the written request for adoption of protection measures;
c) A decision on adoption of protection measures;
d) A written request for revisions to or termination of adoption of protection measures;
dd) A decision on revisions to protection measures;
e) A written request for cooperation in adopting protection measures made by relevant organizations and individuals;
g) A report on of adoption of protection measures;
h) A decision on termination of adoption of protection measures;
i) Other documents concerning the adoption of protection measures.

Thus, the documents about adoption of protection measures for denouncers include:

- A written request for adoption of protection measures made by the denouncer and the denunciation handler;

- Result of verification of the written request for adoption of protection measures;

- A decision on adoption of protection measures;

- A written request for revisions to or termination of adoption of protection measures;

- A decision on revisions to protection measures;

- A written request for cooperation in adopting protection measures made by relevant organizations and individuals;

- A report on of adoption of protection measures;

- A decision on termination of adoption of protection measures;

- Other documents concerning the adoption of protection measures.

What is included in the documents about adoption of protection measures in Vietnam? What are the responsibilities of the authority deciding to protect denouncers?

What is included in the documents about adoption of protection measures in Vietnam? What are the responsibilities of the authority deciding to protect denouncers? (Image from the Internet)

What are the regulations on considering deciding to protect denouncers in Vietnam?

Pursuant to Article 51 of the 2018 Law on Denunciation of Vietnam stipulating considering deciding to protect denouncers in Vietnam as follows:

Considering deciding to protect denouncers in Vietnam
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 this Law 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.

Thus, 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 this Law 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.

What are the responsibilities of the authority deciding to protect denouncers?

Pursuant to Clause 1, Article 53 of the 2018 Law on Denunciation of Vietnam:

Responsibilities of organizations and individuals
1. An authority that issues the decision on adoption of protection measures has the responsibilities to:
a) take charge and cooperate with relevant organizations and individuals in adopting protection measures and take responsibility for their decision;
b) prepare, manage, retain and use documents about adoption of protection measures as prescribed by law;
c) carry out supervisions and address the issues that arise and submit a report thereon to a competent authority upon request.
2. Organizations and individuals related to adoption of protection measures have the responsibilities to:
a) strictly comply with the request of the authority that issues the decision on adoption of protection measures. In the case of failure to comply with the request, immediately provide written explanation to the authority that issues the decision on adoption of protection measures.
b) send a report on or a written notice of adoption of protection measures to the authority that issues the decision on adoption of protection measures.

Thus, an authority that issues the decision on adoption of protection measures has the responsibilities to:

- take charge and cooperate with relevant organizations and individuals in adopting protection measures and take responsibility for their decision;

- prepare, manage, retain and use documents about adoption of protection measures as prescribed by law;

- carry out supervisions and address the issues that arise and submit a report thereon to a competent authority upon request.

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