Non-Disciplinary Actions for Whistleblowers Who Are Vietnamese Officials and Public Employees During the Protection Period

Le Hai

13:14, 10/07/2024

Recently, the Ministry of Home Affairs issued Circular 03/2020/TT-BNV detailing the authority, sequence, procedures, and measures to protect the working position of whistleblowers who are officials and public employees, effective from September 05, 2020.

Circular 03/2020/TT-BNV stipulates in detail measures to protect the position of officials and public employees (Vietnamese official and public employee) who are whistleblowers as follows:

- Measures to protect the position of whistleblowers who are officials and public employees shall be implemented according to Clause 1, Article 57 of the Law on Denunciations 2018;- No transfer, rotation, secondment, or change of the working position of the Vietnamese official and public employee during the protection period shall be carried out, except in the following cases:

- Periodic change of working position according to regulations specified in [Decree 59/2019/ND-CP](https://lawnet.vn/vb/nghi-dinh-59-2019-nd-cp-quy-dinh-chi-tiet-luat-phong-chong-tham-nhung-6603e.html);- With the consent of the Vietnamese official and public employee;- At the written request of the competent authority handling the denunciation.

- No disciplinary action shall be taken against whistleblowers who are Vietnamese official and public employees during the protection period, except in cases where the individual commits violations unrelated to the field of denunciations.

Details can be found at Circular 03/2020/TT-BNV, which takes effect on September 5, 2020.

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