Circular No. 03/2020/TT-BNV detailing the authority, procedures, formalities, and measures to protect the job position of civil servants and public officials who make complaints

CIRCULAR

Detailed regulations on the authority, procedures, formalities, and measures to protect the position of work of civil servants, public officials, and employees who make complaints.
Civil servants, public officials, and employees who make complaints.

Pursuant to the Law on Complaints 2018;

Pursuant to Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for the implementation of the Law on Denunciation;

Pursuant to Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

At the request of the Director of the Civil Servant and Public Official Department;

The Minister of Home Affairs issues this Circular detailing the authority, procedures, formalities, and measures to protect the position of work of civil servants, public officials, and employees who make complaints.

Article 1. Scope of Regulation

This Circular details the authority, procedures, formalities, and measures to protect the position of work of civil servants, public officials, and employees who make complaints.

Article 2. Applicability

1. Civil servants, public officials, and employees who make complaints.

2. Agencies, organizations, units, and individuals related to the complaint and resolution of complaints.

3. Agencies, organizations, units, and individuals responsible for implementing protective measures for complainants.

Article 3: Content of protecting the position of work

Protecting the position of work of civil servants, public officials, and employees who make complaints involves safeguarding their job linked to their title, position, or job role as a civil servant; or their work or duty linked to their professional title or managerial position during the process of resolving complaints.

Article 4: Authority to apply protective measures

1. The authority responsible for resolving complaints shall implement protective measures for the position of work of civil servants, public officials, and employees under their management.

2. Agencies, organizations, units, and individuals requested or proposed by the authority responsible for resolving complaints to implement protective measures for the position of work of civil servants, public officials, and employees when such complainants are not within the management authority of the authority responsible for resolving complaints.

3. Organizations and units responsible for organizational work within agencies, organizations, and units shall take the lead and coordinate with trade unions, people's internal control committees, and other organizations at the same level in implementing protective measures for the position of work of civil servants, public officials, and employees.

Article 5: Procedures and formalities for protection

The procedures and formalities for protection shall be carried out according to the provisions of Section 2 Chapter VI of the Law on Complaints.

Article 6: Protective measures

1. Protective measures for the position of work of civil servants, public officials, and employees shall be implemented in accordance with Clause 1, Article 57 of the Law on Complaints.

2. During the period of protection, there shall be no transfer, rotation, assignment, change of job position, or reassignment of duties for civil servants, public officials, and employees who make complaints, except in the following cases:

a) Regularly changing job positions in accordance with the provisions of Chapter V of Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and implementation measures of the Law on Prevention and Control of Corruption;

b) With the consent of the civil servant, public official, or employee who makes complaints;

c) At the request in writing of the competent authority resolving complaints.

3. During the period of protection, there shall be no disciplinary action taken against civil servants, public officials, and employees who make complaints, except in cases where they commit violations unrelated to the field of complaints.

Article 7. Effective Date

1. This Circular takes effect from September 5, 2020.

2. The Minister, Heads of Ministries equivalent to Ministries, agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and relevant organizations and individuals are responsible for implementing this Circular./.