What is denunciation? What are the measures for protecting denouncers in Vietnam? – Thanh Huy (Thai Binh)
03 Measures for protecting denouncers in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
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)
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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