Who has the authority to make decisions on the implementation of measures to protect denouncers in Vietnam? Is it allowed to constrain denouncers’ travel to protect them?
Who has the authority to make decisions on the implementation of measures to protect denouncers in Vietnam?
Pursuant to Article 485 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Authorities and individuals authorized to decide the implementation of protective measures
1. The following authorities shall be given authority to implement protective measures:
a) Investigation units of the People’s police force;
b) Investigation units of the People’s army.
2. The following individuals shall be given authority to make decisions on protective measures:
a) Heads and vice heads of investigation units of the People’s police force shall be given authority to decide to implement protective measures for criminal issues and cases that they have admitted, handled or investigated or at the requests for the equivalent People's Procuracy or People's Court or Supreme People's Procuracy;
b) Heads and vice heads of investigation units of the People’s army shall be given authority to decide to implement protective measures regarding criminal issues and cases that they have admitted, handled or investigated or at the requests for the equivalent military Procuracy or military Court or Central military procuracy;
3. People’s procuracies and People’s courts shall propose investigation authorities that directly handle the criminal case to implement protective measures, if deemed necessary. Such requests shall be executed in writing.
Investigation units of the Supreme People's Procuracy or Central military procuracy, if finding the necessity of protective measures regarding criminal issues and cases that they have admitted, handled or investigated, shall report to the head of the Supreme People’s Procuracy or Central military procuracy, who shall propose investigation police units, security investigation department of the Ministry of Public Security, criminal investigation department and security investigation department of the Ministry of Defense to issue a decision to implement protective measures.
According to the above provisions, the investigation units of the People’s police force and investigation units of the People’s army are the competent agencies to apply measures to protect denouncers.
With regard to the protection of denouncers in criminal cases and cases falling under the investigation and handling competence of the investigation units of the People’s police force, the heads and vice heads of investigation units are the persons competent to decide to apply measures to protect denouncers.
With regard to the protection of denouncers in criminal cases and cases falling under the investigation and handling competence of the investigation units of the People’s army, the heads and vice heads of investigation units of the People’s army shall have the authority to decide to apply measures to protect denouncers.
Who has the authority to make decisions on the implementation of measures to protect denouncers in Vietnam? Is it allowed to constrain denouncers’ travel to protect them?
What are the contents of the decision to implement measures to protect denouncers in Vietnam?
Pursuant to Article 488 of the 2015 Criminal Procedure Code of Vietnam, the decision to implement measures to protect denouncers in Vietnam of heads and vice heads of investigation units will include the following main contents:
- Number, issue date and issuing place of the decision;
- Position of the individual making the decision;
- Grounds of the decision;
- Full name, date of birth and residential address of the protected person;
- Protective measures and starting time of such measures.
Is it allowed to constrain denouncers’ travel to protect them?
Pursuant to Article 486 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Protective measures
1. Authorities and persons authorized to institute legal proceedings shall decide to implement the following protective measures on the grounds that the life, health, property, honor or dignity of the protected persons are harmed or menaced due to such persons’ provision of evidences, documents and information related to crimes:
a) Deploy personnel, implement professional measures, utilize weapons, support equipment and other means for guard and protection;
b) Constrain the protected persons' travel and interaction for their safety;
c) Maintain and request other people to maintain the confidentiality of information related to the protected persons;
d) Displace protected persons, encase information of their residential place, workplace or educational facility; change their whereabouts, personal records and identities, with their consent;
dd) Deter, warn or attenuate intrusive actions against the protected persons; hinder and resolve intrusive actions in timely manner according to the laws;
e) Other protective measures as per the laws.
2. The implementation and alteration of protective measures as defined in Section 1 of this Article must not impinge on legitimate rights and benefits of the protected persons.
Thus, the investigation units has the right to apply measures to protect denouncers according to the above provisions. In particular, constraining denouncers’ travel is one of the protective measures applied to ensure their safety.
However, the implementation of protective measure which constrains denouncers’ travel must not affect the legitimate rights and interests of the protected person.
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