03 Measures for protecting denouncers in Vietnam

03 Measures for protecting denouncers in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What is denunciation?

Denunciation means an individual, according to the procedures prescribed by this Law, notifying a competent organization or individual of a violation committed by any organization or individual which causes or threatens to cause damage to the State interests or legitimate rights and interests of organizations and individuals, including:

- Denunciation of violations against the law during performance of duties;

- Denunciation of violations against the law related to state management of fields;

(Clause 1, Article 2 of the Law on Denunciations 2018)

2. 03 Measures for protecting denouncers in Vietnam

03 measures for protecting information in Vietnam include:

(1) Measures to protect information confidentiality

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.

(Article 56 of the Law on Denunciations 2018)

(2) Measures for protecting positions and jobs

- 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.

(Article 57 of the Law on Denunciations 2018)

(3) Measures for protecting life, health, property, honor and dignity

- 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.

(Article 58 of the Law on Denunciations 2018)

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