What is protection of a denouncer? What are the authorities that have the power to adopt protection measures in Vietnam?

What is protection of a denouncer?

Pursuant to the provisions of the Law on Denunciations 2018, 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”)

Every denouncer has his/her personal information protected, except the case in which he/she reveals it on his/her own.

If there are grounds to believe that position, job, life, health, property, honor and dignity of the persons specified in Clause 1 of this Article are being infringed or threatened to be immediately infringed or such persons are victimized due to the denunciation, the denunciation handler or another competent authority shall decide to adopt necessary protection measures on its/his/her own or at the request of the denouncer.

Regulations on the protection of a denouncer in Vietnam (Internet image)

Rights and obligations of protected persons in Vietnam

Pursuant to the provisions of Article 48 of the Law on Denunciations 2018, rights and obligations of protected persons include:

(1) A protected person has the rights to:

- Be aware of protection measures;

- Be provided with explanation for his/her rights and obligations when protection measures are adopted;

- Request revisions to or termination of adoption of protection measures;

- Refuse to be protected;

- Be compensated as prescribed by the law on State compensation liability in case the denouncer has requested the denunciation handler or another competent authority to adopt protection measures but they fail to adopt protection measures or fail to adopt them in a timely manner or adopt them against the law, causing damage to his/her life, health, property or spiritual life.

(2) A protected person has the obligations to:

- Strictly comply with request of the authority that has the power to adopt protection measures;

- Keep information concerning the protection secret;

- Promptly notify the authority in charge of adopting protection measures of the issues that arise during the protection period.

Authorities that have the power to adopt protection measures in Vietnam

Authorities that have the power to adopt protection measures are specified in Article 49 of the Law on Denunciations 2018 as follows:

- Denunciation handlers shall protect information, position and job of protected persons under their management and other contents that fall within their jurisdiction. In case it is beyond their jurisdiction, they shall request competent organizations/individuals to adopt protection measures.

- Authorities that receive and verify denunciations shall protect denouncers' information.

- Police authorities shall take charge and cooperate with relevant organizations and individuals in protecting life, health, property, honor and dignity of protected persons.

- Authorities in charge of management of officials, public officials, public employees and workers shall, within their jurisdiction, take charge and cooperate with relevant authorities in protecting position and job of protected persons.

- People’s Committees at all levels, trade unions at all levels and other organizations and individuals shall, within their jurisdiction, cooperate with competent authorities in adopting measures to protect information, position, job, life, health, property, honor and dignity of protected persons.

Mai Thanh Loi

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