Chapter VI
PROTECTION OF DENOUNCERS
Section 1. GENERAL PROVISIONS
Article 47. Protected persons and scope of protection
1. 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”)
2. Every denouncer has his/her personal information protected, except the case in which he/she reveals it on his/her own.
3. 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.
Article 48. Rights and obligations of protected persons
1. A protected person has the rights to:
a) be aware of protection measures;
b) be provided with explanation for his/her rights and obligations when protection measures are adopted;
c) request revisions to or termination of adoption of protection measures;
d) refuse to be protected;
dd) 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:
a) strictly comply with request of the authority that has the power to adopt protection measures;
b) keep information concerning the protection secret;
c) promptly notify the authority in charge of adopting protection measures of the issues that arise during the protection period.
Article 49. Authorities that have the power to adopt protection measures
1. 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.
2. Authorities that receive and verify denunciations shall protect denouncers' information.
3. Police authorities shall take charge and cooperate with relevant organizations and individuals in protecting life, health, property, honor and dignity of protected persons.
4. 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.
5. 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.
Section 2. PROCEDURES FOR PROTECTION
Article 50. Request for adoption of protection measures
1. When the grounds specified in Clause 3 Article 47 of this Law, the denouncer shall submit a written request for adoption of protection measures to the denunciation handler.
2. A written request for adoption of protection measures shall contain at least:
a) Date of request;
b) Full name and address of the denouncer; full name and address of the person that is to be protected;
c) Reasons and contents of the request;
d) Signature or fingerprint of the denouncer.
3. In the event of an emergency, the denouncer may immediately request the denunciation handler directly or over the telephone to adopt protection measures and such request shall be then made in writing.
Article 51. Considering deciding to protect denouncers
1. Upon receipt of the request for adoption of protection measures, if the denunciation handler considers that the request is reasonable or finds that there are grounds specified in Clause 3 Article 47 of this Law during the process of settling the denunciation, it/he/she shall promptly decide to adopt protection measures within its/his/her jurisdiction or request a competent authority to do so.
2. Upon receipt of the written request submitted by the denunciation handler, the competent authority shall consider deciding to adopt protection measures.
3. In case the denouncer’s written request is unreasonable or protection measures do not have to be adopted, the competent authority shall provide written explanation to the denouncer or request the denunciation handler to do so.
Article 52. Decision to adopt protection measures
1. Competent authorities shall issue a decision on adoption of protection measures.
2. A decision on adoption of protection measures shall contain at least:
a) Issuance date of the decision;
b) Grounds for issuing the decision;
c) Full name and address of the protected person;
d) Protection measures; responsibilities of organizations and individuals that adopt protection measures.
dd) The date of adoption of protection measures.
3. The decision on adoption of protection measures shall be sent to the protected person, denunciation handler and other relevant organizations and individuals.
4. After obtaining the decision on adoption of protection measures, competent organizations and individuals shall immediately adopt protection measures or cooperate with relevant organizations and individuals in doing so if necessary.
5. The period over which protection measures are adopted begins from the date of their adoption to the date of termination of their adoption prescribed in Clause 2 Article 54 of this Law.
Article 53. Responsibilities of organizations and individuals
1. An authority that issues the decision on adoption of protection measures has the responsibilities to:
a) take charge and cooperate with relevant organizations and individuals in adopting protection measures and take responsibility for their decision;
b) prepare, manage, retain and use documents about adoption of protection measures as prescribed by law;
c) carry out supervisions and address the issues that arise and submit a report thereon to a competent authority upon request.
2. Organizations and individuals related to adoption of protection measures have the responsibilities to:
a) strictly comply with request of the authority that issues the decision on adoption of protection measures. In the case of failure to comply with the request, immediately provide written explanation to the authority that issues the decision on adoption of protection measures.
b) send a report on or a written notice of adoption of protection measures to the authority that issues the decision on adoption of protection measures.
Article 54. Making revisions to and termination of adoption of protection measures
1. The authority that issues the decision on adoption of protection measures may make revisions to the adoption of protection measures if necessary or according to the written request submitted by the protected person.
2. The adoption of protection measures shall be terminated in the following cases:
a) The denunciation handler has issued a denunciation conclusion or a decision on termination of denunciation settlement;
b) The authority that issues the decision on adoption of protection measures terminates the adoption of protection measures when considering that grounds for adoption of protection measures are no longer reasonable or at the request of the protected person.
3. The decision on revisions to and termination of adoption of protection measures shall be sent to the protect person, denunciation handler and other relevant organizations and individuals.
Article 55. Documents about adoption of protection measures
1. The protection of denouncers shall be documented.
2. According to each specific case, the documents about adoption of protection measures include:
a) A written request for adoption of protection measures made by the denouncer and the denunciation handler;
b) Result of verification of the written request for adoption of protection measures;
c) A decision on adoption of protection measures;
d) A written request for revisions to or termination of adoption of protection measures;
dd) A decision on revisions to protection measures;
e) A written request for cooperation in adopting protection measures made by relevant organizations and individuals;
g) A report on of adoption of protection measures;
h) A decision on termination of adoption of protection measures;
i) Other documents concerning the adoption of protection measures.
Section 3. PROTECTION MEASURES
Article 56. Measures for protecting information
When receiving and transferring denunciation forms and settling denunciations, competent organizations and individuals shall, according to the current situation, adopt the following measures:
1. Keep denouncers’ full name, address, autograph and other personal information secret during the use of information and documents provided by denouncers;
2. 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;
3. Arrange a time and place and use appropriate methods for protecting denouncers’ information when working with denouncers and relevant organizations and individuals;
4. Adopt other measures prescribed by law;
5. Request relevant organizations and individuals to adopt necessary measures to protect denouncers’ information.
Article 57. Measures for protecting positions and jobs
1. Measures for protecting positions of protected persons who are officials, public officials and public employees include:
a) Suspend, partially or totally invalidate the decision to impose disciplinary penalties or other decisions that infringe upon legitimate rights and interests of protected persons;
b) Restore protected persons’ position, job, incomes and other legitimate interests;
c) Consider reassigning protected persons to another authority with their consent in order to avoid victimization;
d) 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.
2. Measures for protecting job of protected persons who are working under an employment contract include:
a) request employers to stop violations; restore protected persons’ position, job, incomes and other legitimate interests;
b) take actions against violations against the law within their jurisdiction or request a competent organization/individual to do so.
Article 58. Measures for protecting life, health, property, honor and dignity
1. Take protected persons to a safe place.
2. Provide personnel, vehicles and instruments to directly protect life, health, property, honor and dignity of protected persons in important areas.
3. 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.
4. Request persons who infringe upon or threaten life, health, property, honor and dignity of protected persons to stop doing so.
5. Adopt other measures prescribed by law.
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Luật Tố cáo 2018 (Bản Word)
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