Regulations on protection of whistleblowers

(Baonghean) - Question: What does the law stipulate about the rights and obligations of whistleblowers to be protected? How are whistleblowers protected by the law at the workplace?

(Tran Anh Duc - Nam Tan, Nam Dan, Nghe An)

Answer: Your question is related to the provisions on protection of whistleblowers as stipulated in the 2011 Law on Denunciation No. 03/2011/QH13.

First: The rights and obligations of the whistleblower to be protected are stipulated in Article 35, specifically:

1. The whistleblower has the following rights:

a) Request the person handling the complaint, the competent agency or organization to apply measures to protect themselves or their relatives when there is a basis to determine that they have been disciplined, forced to quit their job, transferred to another job, or subjected to other forms of harassment or discrimination, or threatened with harm or infringement of their life, health, honor, dignity, reputation, property, and other legitimate rights and interests due to reporting violations of the law;

b) Be informed of the applied protective measures; request changes to protective measures if there are grounds to believe that such measures do not ensure safety; refuse to apply protective measures;

c) Request for extension of protection period; request for re-protection;

d) To be compensated according to the provisions of the law on the State's compensation liability in cases where the whistleblower requests competent agencies, organizations or individuals to apply necessary measures to protect him/her but those agencies, organizations or individuals do not apply or apply them untimely or not in accordance with the provisions of the law, causing damage to life, health, property or mental loss to the protected person.

2. The whistleblower has the following obligations:

a) Send a written request for protection in the cases specified in Articles 37, 38 and 39 of this Law to the person handling the complaint or other competent agencies or organizations applying measures to protect the whistleblower. In urgent cases, it is possible to meet directly or through other forms of information to request immediate protection, but then must send an official written request to the competent agency or organization applying protective measures;

b) Provide information, documents, and grounds to determine that the violation or threat of violation of life, health, property, honor, dignity, reputation, or other legitimate rights and interests is authentic and must be responsible before the law for the information and documents provided;

c) Comply with the requirements of the responsible agency or organization related to protection work; do not disclose protection measures to others.

Second: The protection of whistleblowers at the workplace is stipulated in Article 37, accordingly:

1. The whistleblower is a cadre, civil servant, public employee, or employee currently working at a state agency, political organization, socio-political organization, public service unit, economic organization, or other agency or organization that is guaranteed a job position and is not discriminated against in employment in any form.

2. Persons with authority to manage and employ cadres, civil servants, public employees and workers must not discriminate against whistleblowers in employment; must not retaliate, suppress, threaten or otherwise affect the legitimate rights and interests of whistleblowers.

3. When a whistleblower has grounds to believe that he or she has been discriminated against in employment, leading to a reduction in income and damage to his or her legitimate rights and interests, he or she has the right to request the person who resolved the complaint or the head of the direct superior agency of the person with the authority to manage and employ him or her to take measures to consider and handle the person who committed such acts; a whistleblower who is a person working under a labor contract has the right to request the grassroots trade union organization or the local labor management agency to take measures to protect his or her legitimate rights and interests.

4. Upon receiving a request from a whistleblower, the competent authority shall be responsible for checking and verifying; if the whistleblower's request is legitimate, the competent authority shall apply measures within its authority or request the competent authority to apply measures to protect as follows:

a) Suspend, temporarily suspend, or cancel part or all of a disciplinary decision or other decision that infringes upon the legitimate rights and interests of the whistleblower;

b) Restore the whistleblower's job position, employment status, income and other legitimate benefits from employment;

c) Timely handle those who take revenge, suppress, or threaten to affect the legitimate rights and interests of the whistleblower;

d) Other protection measures as prescribed by law.

Thao Nhi (Synthesis)