Measures to protect denouncers in Vietnam

Measures to protect denouncers in Vietnam (Internet image)

1. What is protection of a denouncer?

According to Clause 1, Article 47 of the Law on Denunciations 2018, the protection of a denouncer means the protection of his/her information; protection of his/her position, job, life, health, property, honor and dignity and his/her spouse, natural parent, adoptive parent, stepfather, stepmother, natural child, adopted child (below collectively referred to as “the protected person”)

2. Measures to protect denouncers in Vietnam

2.1. Measures for protecting information of a denouncer in Vietnam

When receiving and transferring denunciation forms and settling denunciations, competent organizations and individuals shall, according to the current situation, adopt the following measures:

- Keep denouncers’ full name, address, autograph and other personal information secret during the use of information and documents provided by denouncers;

- Remove denouncers’ full name, address, autograph and other personal information secret from the denunciation form and enclosed documents and evidences before transferring it to the denunciation verifier;

- Arrange a time and place and use appropriate methods for protecting denouncers’ information when working with denouncers and relevant organizations and individuals;

- Adopt other measures prescribed by law;

- Request relevant organizations and individuals to adopt necessary measures to protect denouncers’ information.

2.2. Measures for protecting positions and jobs of a denouncer in Vietnam

* Measures for protecting positions of protected persons who are officials, public officials and public employees include:

- Suspend, partially or totally invalidate the decision to impose disciplinary penalties or other decisions that infringe upon legitimate rights and interests of protected persons;

- Restore protected persons’ position, job, incomes and other legitimate interests;

- Consider reassigning protected persons to another authority with their consent in order to avoid victimization;

- Within their jurisdiction, take actions against the persons who take revenge on or threaten protected persons, affecting their legitimate rights and interests or request a competent organization/individual to do so.

* Measures for protecting job of protected persons who are working under an employment contract include:

- Request employers to stop violations; restore protected persons’ position, job, incomes and other legitimate interests;

- Take actions against violations against the law within their jurisdiction or request a competent organization/individual to do so.

2.3. Measures for protecting life, health, property, honor and dignity of a denouncer in Vietnam

- Take protected persons to a safe place.

- Provide personnel, vehicles and instruments to directly protect life, health, property, honor and dignity of protected persons in important areas.

- Adopt necessary measures to prevent and take actions against any infringement upon or threat to life, health, property, honor and dignity of protected persons as prescribed by law.

- Request persons who infringe upon or threaten life, health, property, honor and dignity of protected persons to stop doing so.

- Adopt other measures prescribed by law.

(Articles 56, 57, 58 of the Law on Denunciations 2018)

Diem My

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