Circular 03: Regulations on measures to protect the working position of denouncers in Vietnam

Below is an important content stipulated in Circular 03/2020/TT-BNV which prescribes details on the authority, order, procedures, measures to protect the working position of denouncers who are officials and public employees issued by the Minister of Home Affairs of Vietnam on July 21, 2020.

Measures  to  Protect  the  Work  Position  of  Whistleblowers,  Circular  03/2020/TT-BNV

Circular 03: Regulations on measures to protect the working position of denouncers in Vietnam​ (Illustrative image)

According to Article 6 of Circular 03/2020/TT-BNV, the measures to protect the work position of denouncers who are officials and public employees in Vietnam are prescribed as follows:

- The measures to protect the work position of denouncers who are officials and public employees shall be implemented in accordance with Clause 1, Article 57 of the Law on Denunciations.

- The denouncers who are officials and public employees shall not be transferred, rotated, seconded, moved to different work positions or assigned other tasks during the protection period, except for the following cases:

  • Regular transfer of work positions as stipulated in Chapter V of Decree No. 59/2019/ND-CP dated July 1, 2019, by the Government of Vietnam specifying certain articles and measures to implement the Law on Anti-Corruption;
  • With the consent of the whistleblower who is an official or public employee;
  • Upon a written request from the competent authority handling the denunciation.

- The denouncers who are officials and public employees shall not be disciplined during the protection period, except when they commit violations not related to the field of denunciation.

More details can be found in Circular 03/2020/TT-BNV, which takes effect from September 15, 2020.

Thuy Tram

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