Officials executing judgments and their relatives will be protected when performing civil service in Vietnam

Officials executing judgments and their relatives will be protected when performing civil service in Vietnam (Image from the internet)

The Central Executive Committee issued Regulation 183-QD/TW on September 18, 2024, regarding the protection of agencies, organizations, and people performing civil service during the investigation, prosecution, adjudication, and execution of judgments in Vietnam.

Officials executing judgments and their relatives will be protected when performing civil service in Vietnam

In Article 7 of Regulation 183-QD/TW, 2024, it specifies protective measures for people performing civil service engaged in procedural activities and judgment execution in Vietnam as follows:

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

- Agencies, organizations, and authorized individuals are not permitted to require people performing civil service involved in procedural activities and judgment execution to perform tasks beyond their assigned duties and powers. Agencies, organizations, and authorized individuals in procedural activities and judgment execution have the right to refuse any requests from any agency, organization, or individual for assigning people performing civil service to perform tasks outside of their assigned duties and powers or affecting their independence, impartiality, and objectivity in executing public duties.

- The reassignment, rotation, secondment, position conversion, work arrangement, temporary suspension, temporary halt of duty execution, dismissal, forced dismissal, demotion, disciplinary reduction of rank, salary grade reduction, and deprivation of title for people performing civil service in procedural activities and judgment execution must not violate Communist Party regulations, state laws, and must comply with the prescribed processes, procedures, and authorities in Vietnam.

people performing civil service in procedural activities and judgment execution have the right to appeal, denounce, petition, reflect, or request authorized agencies to review decisions on reassignment, rotation, secondment, position conversion, work arrangement, temporary suspension, temporary halt of duty execution or dismissal, forced dismissal, demotion, disciplinary reduction of rank, salary grade reduction, and deprivation of title if there is a basis to believe that the decision violates Communist Party regulations, state laws, or infringes upon their legal rights and interests.

- In cases of temporary suspension, prolonged appointment, reappointment, conferment, promotion of ranks, salary raise, or promotion due to revenge, oppression, or false, untruthful reports, denunciations, if confirmed by competent authority, consideration for appointment, reappointment, conferment, promotion of ranks, salary raise, or promotion will be based from the date of suspension or prolongation.

- Should it be concluded by a competent authority that a public duty executor in procedural activities and judgment execution was unjustly or wrongfully disciplined due to revenge, oppression, or false, untruthful complaints, the competent authority must annul or amend the disciplinary decision accordingly; Consider appointment, reappointment to position, title, or work equivalent position, or arrange for other positions as per the public duty executor's wishes; Organize public apologies, restore affected rights and compensate for damages according to Communist Party regulations and state laws; simultaneously direct a review and diligently address the responsibilities of related organizations and individuals.

- In cases of unjust criminal proceedings resolved by a legally effective court verdict or by a competent authority's decision to dismiss the case or investigation, the competent agencies or organizations must promptly review the party disciplinary decisions, and administrative sanctions against people performing civil service in procedural activities and judgment execution, even if deceased; arrange for public apologies, restore affected rights and offer compensation for damages according to Communist Party regulations and state laws; concurrently review, prosecute responsibility, and rigorously address related organizations and individuals.

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

- In the event that a public duty executor in procedural activities and judgment execution is insulted or suffers damage to reputation, honor, dignity, or if confidentiality, safety of personal information and data is violated, the competent authority must promptly take measures to verify, block, illuminate the truth and direct prevention, remediation, correction, removal, negate negative impacts, demand public apologies, and other protection measures; concurrently review, prosecute responsibility and strictly handle involved organizations and individuals.

- When dealing with high-risk cases, if the public duty executor in procedural activities and judgment execution requests, the competent authority can apply measures to protect the confidentiality of the identity of the public duty executor and their relatives; protect, limit access to personal information and data of the people performing civil service and their relatives in procedural activities and judgment execution, along with other personal information safety measures.

(3) Protection of life, health, property, and other legal rights and benefits of people performing civil service and their relatives in procedural activities and judgment execution

- people performing civil service in procedural activities and judgment execution are protected regarding life, health, property when executing public duties and in other necessary cases; relatives of people performing civil service in procedural activities and judgment execution are protected in terms of life, health, rights, reputation, and honor when subjected to acts of infringement or threat related to the enforcement of public duties by people performing civil service.

- When there is evidence indicating that the life, health, property, rights, and other legal interests of people performing civil service and their relatives in procedural activities and judgment execution are being violated or threatened, the responsible agencies, organizations, or individuals must immediately direct and apply the following protective measures:

+ Arrange security forces, take necessary measures to prevent and terminate any infringing, threatening acts.

+ Equip people performing civil service with weapons, support tools, and other means to carry out self-protection measures when necessary. The provision of weapons and support tools is carried out at the request of people performing civil service and based on an assessment of the practical situation, the risk of violations against people performing civil service, and compliance with legal regulations on the management and use of weapons and support tools.

+ Apply preventive measures against unauthorized access by related individuals; maintain confidentiality, alter information, and related data concerning people performing civil service and their relatives; concurrently, relocate, secure living, work addresses, or alter identity and distinguishing features if necessary.

+ Thoroughly and strictly address any acts of infringement, threat.

- people performing civil service in procedural activities and judgment execution are entitled to welfare policies, health checks, periodic medical examinations as per regulations; entitled to consider preferential policies akin to war invalids, martyrs, and other legal rights and benefits under the law, if harmed in terms of life, health during public duty execution; afforded occupational risk insurance and other commensurate policies dealing with occupational risks.

In the event of material, spiritual damage, or harm to other legal rights and benefits, support, and compensation are provided according to Communist Party regulations and state laws.

- When handling high-risk cases, the competent authority in procedural activities and judgment execution must apply necessary measures stipulated in Point b, Clause 3, Article 7 of Regulation 183-QD/TW, 2024, to protect the safety of life, health, property, and other legal rights and benefits for people performing civil service and their relatives in procedural activities and judgment execution.

(4) Other protective measures as prescribed by the Communist Party and state laws in Vietnam.

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