What should I do if I am afraid of being revenged against for making a complaint in Vietnam?

I want to denounce the violation of an official but am afraid of being revenged by this person, what should I do? Please advise.

What should I do if I am afraid of being revenged against for making a complaint in Vietnam?

Pursuant to Clause 1, Article 9 of the 2018 Law on Denunciations, denouncers have the following rights:

1. A denouncer has the rights to:

a) exercise his/her denunciation right as prescribed by this Law;

b) have his/her name, address, autograph and other personal information kept confidential;

c) be informed of the acceptance of or failure to accept a denunciation, transfer of his/her denunciation to a competent authority or individual, extension of the time limit for settling the denunciation, termination or suspension of the process of settling the denunciation, continuation in settling the denunciation, and making of conclusions.

d) keep making further denunciation if there are grounds to believe that a competent organization or individual settles the denunciation against the law or a denunciation is yet to be settled within the prescribed limit;

dd) withdraw his/her denunciation;

e) request a competent organization or individual to adopt measures for protecting the denouncer;

g) be provided with rewards or compensation for any damage he/she incurs as prescribed by law.

Thus, according to the above provisions in Vietnam, when you denounce another person's illegal acts, you will be kept confidential by the denunciation receiving agency. You can also ask the authorities to take measures to protect you when there are signs of threat. In addition, if the accused person deliberately revenges against you, he may be prosecuted for criminal liability.

Therefore, you can rest assured to exercise your right to denounce without worrying about revenge.

What are penalties for revenge is taken on the denouncer in Vietnam?

Pursuant to Article 166 of the Penal Code 2015 has the following provisions:

1. A person who commits any of the following acts shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Use of violence, threat to use violence or other tricks to obstruct the process of complaining or denunciation, the consideration and settlement of complaints and denunciation or the taking of actions against the person complained or denounced against;

b) Abuse of position or power in obstructing the decision of an authority competent to consider and settle complaints and denunciations which results in damage incurred by the complainer or denouncer.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) Revenge is taken on the complainer or denouncer;

c) The act specified in Point a Clause 1 of this Article involves the abuse of the offender's position or power;

d) The offence results in a demonstration;

dd) The offence results in the suicide of the complainer or denouncer.

3. The offender might be forbidden from holding certain positions for 01 - 05 years.

According to this Article, those who take revenge on denouncers may be prosecuted for penal liability with a maximum penalty of 02 - 07 years' imprisonment in Vietnam.

Best Regards!

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