'Correct accusations are still reviewed and processed'

“Someone accused civil servants and public employees of being criticized for the crime of “exposing their backs to others” and not “keeping a low profile”.

"Show your back"?

Delegate Mai Sy Dien - Deputy Head of the National Assembly Delegation of Thanh Hoa province cited the provisions on the whistleblower's obligation in the draft law to be responsible before the law for the content of his/her denunciation and compensate for damages caused by the act of intentionally making false denunciations.

Considering that at any given time, there are hundreds of people making long-term denunciations, sending petitions to many places, causing frustration for some agencies and responsible people, but according to Mr. Mai Sy Dien, this amendment to the law not only regulates the act of denunciation, handling denunciations that are not in accordance with the law, but also needs to be amended and supplemented in the direction of encouraging citizens, including civil servants and public employees, to boldly denounce acts of law violation, especially acts of corruption by responsible individuals when performing their duties and tasks.

Delegate Mai Sy Dien: There are officials who make correct accusations but are also disciplined for the crime of "showing their backs to others"

According to the Thanh Hoa delegation representative, recently we have highly appreciated some civil servants, public employees, and citizens who have boldly denounced violations of the law. However, after denouncing, some people were rewarded, while others were boycotted by their relatives; civil servants and public employees who denounced asked to be transferred to other jobs. There were even civil servants who denounced correctly but were criticized, handled, and given heavier punishments on the grounds that they knew about the violations but did not criticize or give suggestions to their organizations, individuals, and comrades according to regulations to correct and prevent them in their monthly activities.

“This is being exploited to thoroughly handle whistleblowers who are civil servants and public employees for the crimes of “showing their backs to others”, “not knowing what is inside before it is outside”, not “keeping the door shut”, affecting the agency, wasting public funds to receive inspection and examination delegations” – Mr. Mai Sy Dien said.

The above mentioned things make citizens not dare to make denunciations, including civil servants and public employees. Therefore, the delegates suggested that the responsibility of the denouncer should be adjusted to be more “soft” so that the denouncer can boldly exercise his/her rights according to the law.

Get rid of the “safe landing” mindset

Regarding denunciations and handling of denunciations against violations of the law in the performance of public duties by retired officials and civil servants, delegate Nguyen Van Khanh (Binh Duong delegation) agreed with the view that regardless of whether they are in office or have retired or transferred to another job, the competent authority is responsible for considering and handling them according to the provisions of the Law on Denunciations and relevant laws.

“This is a very important and timely addition to create a legal basis for institutionalizing the Party's guidelines and policies on defining the responsibilities of civil servants, contributing to raising the sense of responsibility of civil servants and public employees when performing assigned tasks and meeting practical requirements. Eliminate the "safe landing" mindset among working or retired civil servants and public employees.

Delegate Nguyen Van Khanh: Eliminate the "safe landing" mindset

Regarding the form of denunciation, in addition to the form of a petition or in person, the delegate said that denunciation by fax or email is essentially just a different way of sending a denunciation. Accepting this form of denunciation ensures timeliness and convenience for citizens to exercise their civil rights, promptly preventing violations and consequences that are occurring and will occur due to illegal acts of the denouncing agency, organization or individual, and is in accordance with the Law on Electronic Transactions.

The Constitution stipulates that everyone has the right to complain and denounce to competent agencies, organizations and individuals about illegal acts of agencies, organizations and individuals. Competent agencies, organizations and individuals must receive and resolve complaints and denunciations. Those who suffer damage have the right to material and spiritual compensation and to have their honor restored in accordance with the provisions of the law. Therefore, individuals denouncing illegal acts are exercising their constitutional rights. At the same time, it is consistent with the provisions of a number of current laws such as the Law on Anti-Corruption and the Criminal Procedure Code.

“But regardless of the form of denunciation, the full name and address of the denouncer must be clearly identified, the content of the denunciation must be clear, and there must be a basis for verification, conclusion, and determination of the denouncer's responsibility when the denunciation is false,” said delegate Khanh.

Any violations must be dealt with seriously.

The Government Inspector General emphasized that, in principle, all violations of the law must be detected and strictly handled, even when working or retired. However, this draft law only provides general provisions and specifies the authority to handle this complaint.

Regarding the form of denunciation via email, fax, and telephone, the Government believes that this is a complicated issue that needs to be carefully and thoroughly considered and feasibility ensured. It is necessary to ensure convenience for citizens to exercise their right to denounce but also limit abuse to cause trouble. However, delegates have many ideas for expansion, so the drafting agency will coordinate with the reviewing agency to consider carefully.

Regarding the protection of whistleblowers, the Government believes that this is a very important issue and the responsibility of agencies and organizations in the system. Therefore, it will continue to study and absorb, especially determining the main responsibility and coordination responsibility, and have more specific measures to ensure feasibility./.

According to VOV