Should complaints be accepted over the phone?

Deputy Head of the National Assembly Delegation Tran Van Mao chaired the meeting. Photo: My Nga

The draft Law on Whistleblowing (amended) consists of 9 chapters and 68 articles, adding 1 chapter and 18 articles compared to the previous Law on Whistleblowing. It is expected that the draft law will be submitted to the National Assembly for consideration at the upcoming 5th session.

The scope of the law regulates: reporting and resolving complaints regarding violations of the law in the performance of duties and public functions, and violations of the law on state management in various fields; protecting whistleblowers; responsibilities of agencies and organizations in managing the handling of complaints (statute of limitations for complaints; competent authority for resolving complaints; protection of whistleblowers).

Discussing the relevant contents of the draft revised Law on Whistleblowing, the forms of whistleblowing, and methods of protecting whistleblowers were topics raised by many delegates.

Representative Le Anh Son, Deputy Chief Inspector of the province, argued that regulations on the form of complaints should prevent the misuse of the system to make false accusations that could damage the honor and reputation of the accused. However, this does not mean that other convenient forms of complaint should be rejected in the current era of booming information technology. The representative emphasized that regardless of the form, the agency receiving the complaint must work directly with the complainant and must keep the complainant's written record confidential.

Agreeing with the above viewpoint, delegate Nguyen Dong Duc - Provincial Committee of the Vietnam Fatherland Front - noted that adding the option of reporting via email, fax, and telephone is a new form of expression.

Mr. Duc argued that reporting via email, fax, or telephone is essentially just a different way of expressing the two forms of reporting stipulated in the draft law: reporting by written complaint and reporting in person. Therefore, regardless of the form in which the complaint is expressed, it is crucial that during the initial processing of the complaint, the competent authority clearly identifies the name and address (personal information) of the complainant, and that the content of the complaint has a basis for verification and conclusion before deciding whether or not to accept and resolve the complaint.

Prioritize listening to and addressing the suggestions and concerns of the people. (Photo: Archival image)

In contrast to the supportive views, delegate Phan Quy Huong from the Provincial People's Procuracy expressed concerns that receiving and processing complaints via telephone would be difficult due to feasibility and low accuracy.

Sharing the same viewpoint, delegate Dinh Xuan Que, Chairman of the People's Committee of Nam Dan District, analyzed that expanding the forms of complaints raises concerns about a potential proliferation of unfounded complaints. He argued that while verbal complaints, especially direct complaints, can be accepted, complaints made by phone to competent agencies, organizations, or individuals should be carefully considered. Although Clause 3, Article 19 of the draft law stipulates that the recipient is responsible for providing guidance on complaints made by phone, even with guidance, the reliability of such complaints is "not high." Therefore, the immediate focus should be on effectively handling complaints submitted in writing and direct complaints.

Doing a good job of mediation reduces complaints and denunciations. (Photo: Archival image)

At the conference, regarding the coordination between those handling complaints and relevant agencies and organizations in protecting whistleblowers, delegates stated that the draft should stipulate that the primary responsibility for protecting whistleblowers rests first with the person handling the complaint, followed by the responsibility of the coordinating agencies.

The delegates also agreed with the draft not to specify a statute of limitations for complaints, because the nature of a complaint is for an individual to inform the competent authority about a violation of the law, helping the State agency to prevent, deter, and promptly handle violations. Therefore, it is impossible to force each individual to determine whether the statute of limitations has expired before deciding to exercise their right to complain.

Regarding the protection of whistleblowers, some delegates suggested that, in addition to protection under the Constitution and laws, in certain special cases, more proactive measures should be taken to protect the rights of whistleblowers, their relatives, and witnesses.

At the conclusion of the conference, on behalf of the Provincial National Assembly Delegation, Comrade Tran Van Mao acknowledged and highly appreciated the contributions and suggestions from the delegates. These suggestions will be compiled by the Provincial National Assembly Delegation and submitted to the Standing Committee of the National Assembly for consideration, amendment, and approval in the near future.

Article 18 of the draft Law on the forms of denunciation states: Denunciations may be made in writing or orally; written denunciations include paper copies, faxes, and emails; oral denunciations include: the denouncer presenting the denunciation directly orally to the competent agency, organization, or individual; and denunciations made by telephone to the competent agency, organization, or individual.

The draft Law also adds stricter regulations on the complaint reception process. Specifically, it stipulates the conditions for receiving complaints corresponding to each form; defines the responsibility of competent agencies, organizations, and individuals to publicly disclose their office address, email address, telephone number, and fax number so that complainants can send complaints to the correct address (Article 19); and defines the responsibility of competent agencies to check and verify the conditions for accepting complaints before deciding whether or not to accept them (Article 20).