Report. It is necessary to specifically identify the responsibilities, tasks to be done, implementation procedures of competent agencies, relationships between relevant agencies and organizations in receiving and handling requests and requests for protection of whistleblowers; applying measures to protect whistleblowers. Especially the responsibilities of the agency receiving and handling the denunciation, the agency verifying the internal denunciation in protecting the confidentiality of the whistleblowers' information; the responsibilities of the agency handling the denunciation in protecting the confidentiality of information, protecting the position, job of the protected person and other protection contents under its authority; the responsibilities of the Public Security agency in applying measures to protect the life, health, property, honor and dignity of the protected person; the responsibilities of the state management agency on cadres, civil servants and public employees in applying measures to protect the position of the whistleblowers who are cadres, civil servants and public employees; Responsibilities of state labor management agencies in applying measures to protect the employment of whistleblowers who are employees under labor contracts, etc. In the long term, it is necessary to study and consider establishing a specialized agency or a single-point organizational model with the function and task of receiving, processing requests, protection requests and handling issues related to the protection of whistleblowers in order to focus resources on the protection of whistleblowers and improve the effectiveness of whistleblowers' protection.
4.2.2.4. On the basis for applying protective measures, order and procedures for protection
- Basis for applying protective measures : More specific regulations on the basis for applying protective measures for work positions, jobs, measures to protect life, health, property, honor, and dignity on the basis of clarifying signs that the work position, job, life, health, property, honor, and dignity of the protected person are being violated or are at risk of immediate violation or they are being persecuted or discriminated against due to denunciation. Thereby, creating favorable conditions for applying protective measures, avoiding subjectivity and arbitrariness of competent authorities during the implementation process.
- Procedures for protection: Simplify procedures for requesting protection; procedures and processes for reviewing and deciding on the application of protection measures; clearly define specific cases where protection measures must be applied regardless of whether or not the whistleblower requests protection; more clearly stipulate procedures for protection. Develop an "automatic" mechanism in which competent authorities proactively review and decide on the application of protection measures upon receiving a request for protection measures from whistleblowers to create more favorable conditions for whistleblowers and those in need of protection. Under this mechanism, whistleblowers are not only allowed to send a request for protection measures to the person handling the complaint, but also have the right to send this document to other competent authorities to apply protection measures.
4.2.2.5. On sanctions for violations
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Strengthen synchronous and strong enough sanctions to effectively protect whistleblowers, especially strict and timely sanctions against irresponsible acts and violations of the law on whistleblower protection.
+ Disciplinary sanctions: Add the subjects of application, not only clearly stipulate the forms of disciplinary action for the person handling the denunciation but also for other subjects with the authority to decide to apply protective measures when not implementing or not fully implementing the responsibility to protect the whistleblower, not applying measures to protect the whistleblower or committing other acts that violate the law on the protection of whistleblowers. There are detailed regulations guiding the disciplinary process for cadres, civil servants and public employees who violate the regulations on the protection of whistleblowers.
+ Sanctions for administrative violations: Issue a Decree on administrative sanctions in the field of citizen reception, complaints and denunciations, which specifically stipulates the handling and sanctions of administrative violations that infringe upon the legitimate rights and interests of whistleblowers.
+ Sanctions for material liability: Continue to improve the Law on State Compensation Liability and guiding documents for implementation to ensure timely, public, equal, goodwill, honest and lawful implementation.
The law on handling claims for compensation for damage caused by public servants, including handling claims for compensation for damage caused by failure to apply protective measures to whistleblowers or failure to apply them promptly or in accordance with the law, causing damage to the life, health, property, and spirit of the protected person. There are specific and detailed provisions on the order and procedures for requesting and the order and procedures for handling compensation by the State in cases where the whistleblowers have requested the person handling the complaint or other competent agencies to apply protective measures but have not applied protective measures or have applied them untimely or in accordance with the law, causing damage to the life, health, property, and spirit of the protected person.
+ Criminal sanctions: Amend the Penal Code in the direction of adding the crime of retaliating against or retaliating against whistleblowers or violating regulations on the protection of whistleblowers, in addition to amending the regulations on the crime of violating the right to complain and denounce in Article 166 of the Penal Code 2015 (amended and supplemented in 2017) to create sanctions strong enough to deter, prevent and strictly handle acts of retaliating against or repressing whistleblowers.
4.2.2.6. Regarding inspection, examination and supervision activities
Supplement specific regulations on the content, scope, and subjects of inspection activities, checking responsibilities in applying measures to protect whistleblowers, complying with laws on protecting whistleblowers; activities to monitor the application of protection measures, compliance with protection measures, and implementation of laws on protecting whistleblowers. In conjunction with continuing to improve laws on inspection, examination, and supervision activities, such as: Law on Inspection, Law on Supervision Activities of the National Assembly and People's Councils (HND), Law on Vietnam Fatherland Front, Law on Trade Unions, etc. to create a legal basis for improving the effectiveness of inspection and examination activities of state management agencies, supervision activities of the National Assembly and People's Councils at all levels, supervision activities of the Vietnam Fatherland Front, Trade Unions, mass organizations, of the People's Inspectorate, and supervision by the people over the implementation of laws on protecting whistleblowers.
4.2.2.7. In addition, for procedural laws, such as the Criminal Procedure Code, the Civil Procedure Code, the Administrative Procedure Law, etc., in addition to more clearly and specifically stipulating measures to protect whistleblowers in criminal, civil and administrative proceedings, the important issue is that it needs to be further improved in order to build an effective and efficient mechanism for protecting human rights, civil rights and protecting whistleblowers through the Court.
4.2.3. Solutions on implementation organization
4.2.3.1. Enhance the responsibility of Party committees and authorities at all levels, especially leaders, in leading, directing and organizing the implementation of whistleblower protection work.
- Party committees and authorities at all levels need to proactively and promptly issue plans and directives, organize implementation, and identify the work of protecting whistleblowers as a regular political task that requires focused leadership and close, resolute direction.
- Regularly lead, direct and urge competent authorities to effectively perform the work of receiving citizens, receiving, processing petitions, resolving denunciations, and protecting whistleblowers according to regulations, linking receiving citizens, receiving, processing petitions, resolving denunciations with protecting whistleblowers.
- When a whistleblower shows signs of retaliation or persecution, it is necessary to promptly direct the competent authorities to immediately apply necessary measures to protect the life, health, honor, dignity, job position, and employment of the whistleblower and his/her relatives, and at the same time strictly handle individuals and organizations that violate or infringe upon the legitimate rights and interests of the whistleblower and his/her relatives. For units and localities that allow prolonged and serious incidents to occur, causing public outrage, it is necessary to direct inspections and clarify the responsibilities of relevant individuals and groups, including the responsibilities in applying measures to protect whistleblowers, in order to handle them resolutely and in accordance with the provisions of law in order to create deterrence and prevent acts of retaliation and persecution against whistleblowers.
- Closely grasp the situation, promptly give leadership opinions and direct to remove difficulties and obstacles in the process of implementing the work of protecting whistleblowers.
- Pay attention to arranging sufficient quantity and quality of staff, facilities, equipment and working means for functional agencies so that these agencies can effectively perform their tasks of protecting whistleblowers and assigned tasks.
4.2.3.2. Improve the effectiveness of authorities in applying measures to protect whistleblowers
* About general solution:
- Strictly implement the provisions of the 2018 Law on Denunciation and relevant legal provisions, promptly apply measures to protect whistleblowers in accordance with regulations. Focus on preventive measures to prevent acts of retaliation and persecution against whistleblowers.
- Step up the detection and strict handling according to regulations of organizations and individuals who take revenge, suppress whistleblowers, and cover up for the accused; agencies, organizations, and individuals responsible for protecting whistleblowers but failing to fulfill their responsibilities; people who take advantage of the right to reflect and denounce to defame, slander, and provide false information, affecting the reputation and honor of related organizations and individuals, causing internal disunity.
- Do a good job of motivating, rewarding and promptly praising whistleblowers, typical and outstanding examples in detecting, denouncing and fighting against corruption, negativity and law violations; collectives and individuals with outstanding achievements in protecting whistleblowers; replicate good models and good practices in protecting whistleblowers. The form, content and method of organizing rewards must truly contribute to motivating and encouraging whistleblowers and those fighting against corruption, waste and negativity, but must not reveal or leak information, affecting the safety of whistleblowers.
- Fully and promptly arrange funding and other resources in terms of facilities, techniques, technology, etc. for the work of protecting whistleblowers.
* When implementing specific measures to protect whistleblowers, the following issues should be noted:
- Regarding the protection of whistleblower information confidentiality:
+ When handling a complaint that is not within the jurisdiction of the agency, it is necessary to carefully study the content of the complaint and apply the law correctly to transfer the complaint to the correct agency with jurisdiction to avoid leaking or leaking the complainant's information.
+ Have appropriate methods to remove the name, address, handwriting, and other personal information of the accuser from the accusation and accompanying documents and evidence when assigning the task of verifying the content of the accusation.
+ During the process of working directly with the accused, relevant agencies, organizations, individuals, the Verification Team or the officer assigned to verify the content of the accusation must comply with the principle of protecting the confidentiality of the accuser's information, must arrange a location, working members, and implement appropriate working methods, including issuing work invitations to avoid disclosing or leaking information about the accuser.
+ When issuing a document transferring a petition, a decision to accept and resolve a complaint, a decision to accept and assign the task of verifying the content of the complaint, or notifying the conclusion of the complaint, it is necessary to pay close attention not to include the full name, address, or other personal information of the complainant in the document content, and at the same time, have an appropriate method of issuing the document to protect the confidentiality of the complainant's information.
- For the protection of life, health, property, honor and dignity of the protected person:
+ It is necessary to develop a specific plan when implementing protection measures, such as: a plan to bring the protected person to a safe place; a plan to arrange forces, means, and tools to directly protect the life, health, property, honor, and dignity of the protected person at the necessary place; a plan to change the background, personal characteristics, and identity of the protected person when necessary; a plan to protect the protected person even after the stage of having a decision to handle the conclusion of the denunciation content in case the life, health, property, and dignity of the protected person are in danger.
Property, honor, dignity of the protected person at risk of being violated; budget to ensure implementation of plans...
+ Apply technical, professional and technological measures to the protection process.
4.2.3.3. Strengthen close coordination between agencies and organizations in implementing the work of protecting whistleblowers.
Effectively coordinate between competent authorities applying measures to protect whistleblowers, between the presiding agency and coordinating agencies and organizations, between functional agencies and people's organizations.
- Develop regulations and programs for coordination between agencies and organizations in the work of protecting whistleblowers in the direction of clearly defining coordination methods, coordination contents and assigning implementation responsibilities. Especially in applying measures to protect whistleblowers, it is necessary to clearly and specifically define the responsibilities of the presiding agency and coordinating agencies and organizations.
- Effectively exchange, provide information, exchange experiences, expertise, summarize and evaluate the results of the work of protecting whistleblowers among functional agencies, and among relevant agencies and organizations.
4.2.3.4. Strengthen inspection, supervision and monitoring activities for the protection of whistleblowers.
- Party Inspection agencies and State Inspectorates at all levels shall step up inspection and examination work to promptly detect agencies, organizations and individuals who fail to fulfill their assigned duties and tasks in protecting whistleblowers; detect, clarify and strictly handle organizations and individuals who retaliate against and persecute whistleblowers and publicize the handling results.
- Strengthen the supervision of the National Assembly and People's Councils at all levels over the implementation of laws on denunciation and protection of whistleblowers.
- Include the content of inspection, supervision and monitoring of compliance with Party regulations and State policies and laws on whistleblower protection in the annual inspection, supervision and monitoring plan; focus on areas and fields of development.
giving rise to many accusations, resulting in many cases of retaliation and persecution of whistleblowers.
- Pay attention to inspecting and examining the responsibilities of Chairmen of People's Committees at all levels, heads of agencies and units in complying with the law on denunciation and protection of whistleblowers. Inspection and examination activities must be substantive, avoiding formalities, perfunctoriness and formalities; inspection and examination conclusions must clearly point out shortcomings and violations (if any), clearly determine the responsibilities of individuals and groups for the occurrence of shortcomings and violations in the work of protecting whistleblowers, and at the same time propose measures to handle responsibilities commensurately, in accordance with the provisions of law.
- Innovate inspection, supervision and monitoring methods, focusing on detecting loopholes and inadequacies in mechanisms, policies and laws to propose amendments, supplements and improvements to prevent the disclosure of information about whistleblowers, acts of revenge, repression and discrimination against whistleblowers.
4.2.3.5. Promote responsibility, public ethics, and sense of discipline among cadres and civil servants working in citizen reception, complaint handling, and cadres and civil servants of agencies and units with the function of protecting whistleblowers.
- Institutionalize specific regulations on personal responsibility of cadres and civil servants in performing their duties and public services to conclude and clearly define responsibility, direct and joint responsibility, when information about whistleblowers is leaked, revenge and suppression of whistleblowers occurs.
- Implement well the contents of public service culture, especially in terms of working spirit and attitude; communication and behavioral standards; ethical and lifestyle standards according to the Public Service Culture Project approved by the Prime Minister in Decision No. 1847/QD-TTg dated December 27, 2018; associated with strictly complying with directives and regulations on strengthening discipline and administrative discipline for civil servants and public employees.
- Regularly and synchronously carry out inspection and supervision activities of Party committees, Party organizations, and heads of agencies and units on cadres, Party members, and civil servants in the performance of duties, tasks, and in cultivating and training ethics and lifestyle; at the same time, promote the responsibility of setting an example for leaders.