Chương 5 Luật tố cáo 2011: Bảo vệ người tố cáo

Chapter 5

PROTECTION OF DENUNCIATORS

Article 34. Scope, subjects and duration of protection

1. A denunciator shall be protected at his/ her places of residence, working, learning, places where his/her property exist and other places as decided by competent agencies.

2. Protected persons include:

a/ Denunciators;

b/ Relatives of denunciators.

3. The protection duration shall be decided by competent agencies depending on the practical situation of each denunciation case and the degree and nature of acts which infringing upon the rights and legitimate interests of subjects who need be protected.

Article 35. Rights and obligations of protected denunciators

1. A denunciator has the following rights:

a/ To request the denunciation solver and competent agencies or organizations to apply measures to protect him/her or his/her relatives when having grounds to determine that he/she is disciplined, dismissed, subject to job transfer, repressed or otherwise discriminated against; or be threatened to be infringed or infringed upon his/her life, health, honor, dignity, prestige, property and rights and other legitimate interests due to his/her denunciation;

b/ To be informed of the protection measures to be applied; to request change of protection measures if having grounds to believe that these measures fail to assure his/her safety; to refuse the application of protection measures;

c/ To request extension of the protection duration; to request re-protection;

d/ To receive compensations according to the law on the State's compensation liability if he/ she has requested competent agencies, organizations or persons to apply necessary measures to protect him/her but these agencies, organizations or persons fail to apply protection measures or application of protection measures is not timely, improper with law, causing damage to his/her life, health or property or spiritual life.

2. A denunciator has the following obligations:

a/ To send a written request for protection in the cases specified in Articles 37, 38 and 39 of this Law to the denunciation solver or other agencies or organizations that have competence to apply measures to protect denunciators. In case of emergency, he/she may come in person or use other means of communication to request immediate protection but later must send an official request to agencies or organizations competent to apply protection measures;

b/ To provide information, documents and grounds to determine that his/her life, health, property, honor, dignity or other rights and legitimate interests are really infringed upon or threatened to be infringed upon and to take responsibility before law for information and documents they have provided.

c/ To abide by requirements concerning the protection of agencies and organizations responsible for protection; not to disclose protection measures to others.

Article 36. Protection of confidentiality of information on denunciators

When receiving and settling denunciations, exploiting and using information and documents provided by denunciators, competent agencies, organizations and persons shall keep confidential full names, addresses, autographs and other personal information of denunciators and at the same time apply necessary measures according to their competence or request competent agencies or organizations to apply necessary measures to assure information confidentiality and protect denunciators.

Article 37. Protection of denunciators at workplaces

1. A denunciator who is a cadre, civil servant, public employee or laborer currently working in a state agency, political organization, socio-­political organization, non-business unit, economic organization or another agency or organization shall be assured for his/her working position and not be discriminated against in their employment in any form.

2. Those who have competence to manage and employ cadres, civil servants, public employees and laborers are not permitted to discriminate against denunciators in their employment; or take revenge on, threaten or affect the rights and legitimate interests of denunciators.

3. When a denunciator has grounds to believe that he/she is discriminated against in his/her employment, resulting in a decrease in his/her income and damage to his/her rights and legitimate interests, he/she may request the person who has settled his/her denunciation or the head of the direct superior agency of the person competent to manage and employ him/ her to have measures to consider and handle those who have committed such act. A denunciator who is a contractual laborer may request the grassroots trade union organization and local labor management agency to have measures to protect his/her rights and legitimate interests.

4. When receiving a denunciator's request, competent persons shall conduct examination and verification; if the denunciator's request is reasonable, competent persons shall apply measures according to their competence or propose competent persons to apply the protection measures as follows:

a/ Suspending, temporarily suspending or partially or wholly annulling the decision on discipline handling or other decisions infringing upon his/her rights and legitimate interests;

b/ Restoring the denunciator's working position, job, incomes and other legitimate interests from employment;

c/ Promptly handling those who commit acts of taking revenge on or intimidating the denunciator thus affecting his/her rights and legitimate interests;

d/ Other protection measures in accordance with law.

Article 38. Protection of denunciators at places of residence

1. Denunciators will not be discriminated against in exercising his/her civic rights and obligations at their places of residence.

2. People's Committees of all levels shall, within the scope of their tasks and powers, assure that denunciators are not discriminated against, taken revenge on or intimidated thus affecting their rights and legitimate interests.

3. When a denunciator has grounds to believe that he/she is discriminated against in exercising his/her civic rights and obligations at places of residence, he/she may request the person who has settled his/her denunciation to request the chairperson of People's Committee of competent level to take measures to protect and restore his/her rights and legitimate interests which have been infringed upon and, at the same time, consider and handle those who have committed these violations.

4. When receiving a request of denunciation solver for application of protective measures to the denunciator, the chairperson of the People's Committee shall examine, verify and decide to apply the measures according to his/her competence to protect the denunciator as follows:

a/ Suspending, temporarily suspending or partially or wholly annulling the administrative decision or act which infringes upon the denunciator's rights and legitimate interests;

b/ Restoring the rights and legitimate interests of denunciator which have been infringed upon;

c/ Promptly and strictly handling those who commit acts of infringing upon the rights and legitimate interests of denunciator;

d/ Other protective measures in accordance with law.

Article 39. Protection of denunciators' lives, health, property, honor, dignity and prestige

1. When receiving information that a denunciator is threatened, taken revenge on or repressed, the denunciation solver shall direct or coordinate with public security agencies or other competent agencies in taking measures to promptly prevent these acts and protect the denunciator and propose competent agencies to handle those who threaten, take revenge on or repress the denunciator in accordance with law.

2. When a denunciator has grounds to believe that his/her denunciation may harm his/ her or his/her relatives' lives, health, property, honor, dignity or prestige, he/she has right to request the denunciation solver or public security agency to apply necessary protective measures.

3. If the denunciator's request is reasonable, the denunciation solver or public security agency shall promptly apply or request competent agencies to apply the following measures to protect the denunciator and his/her relatives:

a/ Arranging a shelter, in case the denunciator and his/her relatives have risk to be infringed upon lives and health;

b/ Arranging forces, means and instruments to directly protect the lives, health, property, honor, dignity and prestige of the denunciator and his/her relatives at necessary places;

c/ Applying measures to prevent and handle acts of infringing upon or threatening to infringe upon the lives, health, property, honor, dignity and prestige of the denunciator and his/her relatives in accordance with law;

d/ Applying other protective measures in accordance with law.

Article 40. Detailing the protection for denunciators

The Government shall detail measures to protect denunciators and responsibilities of competent agencies, organizations and persons in protection for denunciators.