Hanoi-Vietnam: Denunciators are allowed to change their identity to avoid harm

This is one of the new provisions proposed in the Draft Law on Amendments to Law on Denunciations regarding the regulations on protecting the life and health of denunciators and their relatives in Vietnam.

Any individual who boldly speaks out to denounce violations by organizations or other individuals often risks themselves and their families falling into danger, becoming vulnerable to retaliation and harm by malicious parties. Besides the rights and obligations they enjoy and must fulfill, denunciators are also ensured safety for their lives, health, honor, dignity, reputation, and even their assets by competent State agencies.

The current Law on Denunciations, after more than four years of implementation, has exposed certain limitations and inadequacies. Therefore, in the proposal for consultation submitted by the Government Inspectorate of Vietnam to the Government of Vietnam, the Drafting Committee believes that amending and supplementing the Law on Denunciations is necessary and aligns with societal development trends.

In the Draft Law on Amendments to Law on Denunciations, many provisions have been revised and supplemented, notably the provisions on protecting the life and health of denunciators and their relatives.

Article 39 Law on Denunciations Article 43 Draft Law on Amendments to Law on Denunciations

3. If the denunciator's request is reasonable, the denunciation solver or public security agency shall promptly apply or request competent agencies to apply the following measures to protect the denunciator and his/her relatives:

a/ Arranging a shelter, in case the denunciator and his/her relatives have risk to be infringed upon lives and health;

b/ Arranging forces, means and instruments to directly protect the lives, health, property, honor, dignity and prestige of the denunciator and his/her relatives at necessary places;

c/ Applying measures to prevent and handle acts of infringing upon or threatening to infringe upon the lives, health, property, honor, dignity and prestige of the denunciator and his/her relatives in accordance with law;

d/ Applying other protective measures in accordance with law.

5. Based on the nature, extent and ability to occur in practice of the act of infringement to the life, health of the protected person, agency making a decision to protect shall consider and apply the following measures:

a) Limit the scope of travel and communication relations, visit and meeting, work, study of the protected person in a certain period of time;

b) Remove and keep secret the place to live, work, study of the protected person;

c) Handle administratively or propose for criminal liability for the acts of attack, harm or threat to attack, infringe;

d) Apply other administrative measures to prevent the acts of attack, harm or threat to attack, infringe the protected person;

dd) Change whereabouts, background, personal characteristics, the identity of the protected person. This measure applies only when there is consent of the protected person and the act of infringement or threat of infringement is dangerous especially related to transnational organized crime, drug-related crime or other particularly serious crime under criminal law.

Thus, the Draft Law on Amendments to Law on Denunciations has added five more measures to protect the life and health of denunciators and their relatives (to specify the content of the provision "other protective measures as prescribed by law" mentioned in the current Law on Denunciations).

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem
Related Document
  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;