04 Measures to protect law enforcement officers in procedure and enforcement of judgments in Vietnam from September 18, 2024

04 Measures to protect law enforcement officers in procedure and enforcement of judgments in Vietnam from September 18, 2024 (Image from Internet)

04 Measures to protect law enforcement officers in procedure and enforcement of judgments in Vietnam

Article 7 of Regulation 183-QD/TW in 2024 outlines 04 Measures to protect law enforcement officers in procedure and enforcement of judgments in Vietnam, which will be applied from September 18, 2024, as follows:

(1) Protection of work position, the execution of duties, and powers

- Agencies, organizations, and competent individuals are not permitted to require Law enforcement officers in procedure and enforcement of judgments to undertake tasks that exceed the scope of their assigned duties and powers.

Agencies, organizations, and competent individuals in legal activities and execution have the right to refuse requests from any agency, organization, or individual to place public duty performers in roles outside their assigned duties and powers or those that affect their independence, fairness, and objectivity while performing their duties.

- Any movement, transfer, dispatch, change of work position, work reallocation, temporary suspension from work, temporary halt of duty execution, or any dismissal, removal, termination, demotion, firing, reduction in rank or salary, revocation of title concerning Law enforcement officers in procedure and enforcement of judgments must not contradict the regulations of the Communist Party, State laws and must strictly follow prescribed processes, procedures, and authority.

Law enforcement officers in procedure and enforcement of judgments have the right to file complaints, denunciations, suggestions, reports, or petitions to the competent authority for reconsideration of decisions regarding their movement, transfer, dispatch, change of work position, work reallocation, temporary suspension from work, temporary halt of duty execution, or any dismissal, removal, termination, demotion, firing, reduction in rank or salary, revocation of title if there's a basis to believe those decisions contravene Communist Party regulations, State laws or infringe on the legal rights and interests of public duty performers.

- In cases of temporary suspension from work or extended delays in appointment, re-appointment, ranking, promotion, salary increment, or rank lifting due to retaliation, persecution, or false, fictitious complaints, and such are confirmed by a competent authority, then the affected parties are considered for appointment or re-appointment, ranking, promotion, salary increment, or rank lifting with time accounted from the suspension or delay onset.

- If a competent authority concludes that a public duty performer in legal activities and execution was unjustly disciplined due to retaliation, persecution, or false, fabricated complaints, the authority issuing the disciplinary action must annul, withdraw, or amend the disciplinary decision appropriately; consider reinstatement or reappointment to an equivalent position or consider a different work allocation as per the public duty performer's desire; organize a public apology, restore affected rights, and compensate for damages as per the Communist Party regulations and State laws. Concurrently, assess and stringently address the responsibilities of the involved organizations and individuals.

- In cases of unjust criminal handling which have been established through court decisions that have legal effect or if a competent authority decides to cease investigation or prosecution, competent agencies and organizations must promptly reassess disciplinary actions both party and administrative against Law enforcement officers in procedure and enforcement of judgments, even if the concerned individuals are deceased; organize public apologies, restore affected rights, and compensate for damage per Communist Party regulations, State laws; concurrently consider, investigate, and rigorously address the responsibilities of the involved organizations and individuals.

(2) Protection of reputation, honor, dignity, confidentiality, and safety of information and data

- If a public duty performer in legal activities and execution is insulted, causing damage to reputation, honor, dignity, or their confidentiality, information, or data safety is violated, a competent authority must promptly employ measures to inspect, verify, block, clarify the truth and command prevention, correction, rectification, or removal of negative impacts; mandate a public apology and implement other protection measures; simultaneously consider, investigate, and stringently address the responsibilities of the involved organizations and individuals.

- In dealing with cases of high danger levels, if a public duty performer in legal activities and execution requests, relevant authorities may implement measures to protect the confidentiality of the performer's and their family member's identity; restrict access to personal information and data of the public duty performer and their family members in legal activities and execution, along with other measures to ensure personal information and data safety.

(3) Protection of life, health, property, and other legal rights and interests of public duty performers and their family members in legal activities and execution

- Law enforcement officers in procedure and enforcement of judgments are protected concerning life, health, and property while executing public duties and in other necessary cases; family members of Law enforcement officers in procedure and enforcement of judgments are protected concerning life, health, rights, reputation, and honor when acts infringing or threatening their public duty execution occur.

- If there's a basis to ascertain that the life, health, property, rights, and other legal interests of public duty performers and their family members in legal activities and execution are being infringed or threatened, competent agencies, organizations, and individuals must immediately direct and apply protective measures as follows:

+ Deploy protective forces and undertake necessary measures to prevent and terminate acts of infringement or threats.

+ Implement preventive measures, preventing related individuals from approaching; maintain the confidentiality of and alter information and data related to the public duty performer and their family members; simultaneously relocate, secure places of residence, workplaces, or modify identification features if necessary.

+ Handle infringement acts and threats promptly and sternly.

- Law enforcement officers in procedure and enforcement of judgments are entitled to healthcare policies, regular health check-ups, and medical treatment as specified; they are considered for preferential policies akin to war invalids, martyrs, and other legal rights and interests under the law if they suffer life or health damage during duty execution; they are covered by occupational risk insurance and other reward policies commensurate with the nature and level of occupational risk.

In cases of material, spiritual damage, and other legal rights and interests affected, support and compensation for damages are provided as per Communist Party regulations and State laws.

- In addressing high-dangeral cases, authorized agencies and organizations in legal activities and execution should implement necessary protective measures as stipulated in Point b, Clause 3 of this Article to ensure safety for life, health, property, and other legal rights and interests for public duty performers and their family members in legal activities and execution.

(4) Other protective measures as stipulated by the Communist Party and State laws.

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