Vietnam: Download the request for enforcement of employment protection filed by the whistleblower

DOWNLOAD: Request for enforcement of employment protection filed by the whistleblower

DOWNLOAD: Request for enforcement of employment protection filed by the person addressing wrongdoing

According to Article 4 of the Circular No. 08/2020/TT-BLĐTBXH of the Ministry of Labor - War Invalids and Social Affairs of Vietnam, in the case mentioned in clause 3 Article 47 of the Law on Denunciation of Vietnam, the whistleblower or the person addressing wrongdoing may file a request for enforcement of employment protection with the enforcing authority. In case of urgency, the whistleblower may comply with clause 3 Article 50 of the Law on Denunciation of Vietnam.

- The request for enforcement of employment protection filed by the whistleblower must contain the contents prescribed in clause 2 Article 50 of the Law on Denunciation of Vietnam, using Form No. 01 of Appendix thereto.

- The request for enforcement of employment protection filed by the person addressing wrongdoing is specified in Form No. 02 of Appendix thereto. The issuance, process and keeping of the request shall ensure confidentiality of protection as prescribed in clause 2 Article 49 of the Law on Denunciation of Vietnam.

Moreover, according to Article 5 of the Circular No. 08/2020/TT-BLĐTBXH of the Ministry of Labor - War Invalids and Social Affairs of Vietnam, if the said request is found well-grounded as prescribed in clause 1 Article 51 of the Law on Denunciation of Vietnam, the enforcing authority shall issue a decision on adoption of measure to protect employment status (hereinafter referred to as employment protection decision) as prescribed in Article 52 of the Law on Denunciation of Vietnam. The employment protection decision is specified in Form No. 03 of Appendix thereto.

- If the said request is found not grounded or not necessary as prescribed in clause 3 Article 51 of the Law on Denunciation of Vietnam, the enforcing authority shall issue a notice of non-adoption of protection measure, using Form No. 04 of Appendix thereto.

- The decision maker in clause 1 shall enforce the protection measure as prescribed in clause 2 Article 57 of the Law on Denunciation of Vietnam; and may modify the protection measure as prescribed in clause 1 Article 54 of the Law on Denunciation of Vietnam. The decision on modification to measure to protect employment status is specified in Form No. 05 of Appendix thereto.

- The decision maker in clause 1 may issue a decision to terminate the employment protection decision as prescribed in clause 2 Article 54 of the Law on Denunciation of Vietnam. The decision on termination of measure to protect employment status is specified in Form No. 06 of Appendix thereto.

View more details at the Circular No. 08/2020/TT-BLĐTBXH of the Ministry of Labor - War Invalids and Social Affairs of Vietnam, effective from February 06, 2020.

Le Vy

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