CIRCULAR

Guidelines on protecting employment of whistleblowers who are employees under labor contracts
pursuant to the labour contract

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. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

At the request of the Inspector General of the Ministry of Labor, Invalids and Social Affairs;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding on protecting employment of whistleblowers who are employees under labor contracts, including relatives of whistleblowers such as spouse, father, mother, adoptive father, adoptive mother, biological children, adopted children of whistleblowers who are employees under labor contracts (hereinafter referred to collectively as protected individuals); responsibilities of agencies, organizations, and individuals in protecting employment of protected individuals.

Article 1. Scope of Regulation

This Circular stipulates the procedures and formalities for protecting employment of protected individuals, including relatives of whistleblowers such as spouse, father, mother, adoptive father, adoptive mother, biological children, adopted children of whistleblowers who are employees under labor contracts (hereinafter referred to collectively as protected individuals); responsibilities of agencies, organizations, and individuals in protecting employment of protected individuals.

Article 2. Applicability

This Circular applies to:

1. Protected individuals; agencies, organizations, and individuals with acts of misconduct reported; persons resolving complaints.

2. Agencies authorized to apply measures to protect employment and other related agencies, organizations, and individuals in protecting employment of protected individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Employees under labor contracts are workers as defined by labor laws, including those working under labor contracts for certain positions within state agencies and public institutions.

Protecting employment of protected individuals means that the competent agency examines and issues decisions to apply necessary measures as prescribed in Clause 2, Article 57 of the Law on Complaints to protect employment for protected individuals.

1. When there is evidence as prescribed in Clause 3, Article 47 of the Law on Complaints, the whistleblower or the person resolving the complaint shall submit a written request to the competent agency to apply measures to protect employment of protected individuals. In urgent cases, the whistleblower shall follow the provisions of Clause 3, Article 50 of the Law on Complaints.

2. The written request for applying employment protection measures from the whistleblower must include the main contents prescribed in Clause 2, Article 50 of the Law on Complaints and shall be carried out according to Model No. 01 attached to this Circular.

3. The written request for applying employment protection measures from the person resolving the complaint shall be carried out according to Model No. 02 attached to this Circular. The issuance, handling, and storage of the document must ensure confidentiality of information about protection as prescribed in Clause 2, Article 49 of the Law on Complaints.

1. If the request for protection is found to have grounds as prescribed in Clause 1, Article 51 of the Law on Complaints, the competent agency authorized to apply measures shall issue a decision to apply employment protection measures as prescribed in Article 52 of the Law on Complaints. The decision to apply employment protection measures shall be carried out according to Model No. 03 attached to this Circular.

2. If the request for protection lacks grounds or it is deemed unnecessary to apply protection measures as prescribed in Clause 3, Article 51 of the Law on Complaints, the competent agency authorized to apply measures shall issue a notice not to apply employment protection measures according to Model No. 04 attached to this Circular.

3. The agency issuing the decision to apply protection measures shall implement employment protection measures for protected individuals as prescribed in Clause 2, Article 57 of the Law on Complaints; may modify or supplement the application of protection measures as prescribed in Clause 1, Article 54 of the Law on Complaints. The decision to modify or supplement the application of employment protection measures shall be carried out according to Model No. 05 attached to this Circular.

4. The agency that has issued the decision to apply employment protection measures shall decide to terminate the application of protection measures as prescribed in Clause 2, Article 54 of the Law on Complaints. The decision to terminate the application of employment protection measures shall be carried out according to Model No. 06 attached to this Circular.

1. General responsibilities

a) Direct relevant agencies, organizations, and individuals to coordinate in examining and deciding on job protection measures for whistleblowers as stipulated in Article 51 of the Law on Complaints and Petitions; implement job protection measures from the date the decision on applying such measures is issued as provided in Clause 4, Article 52 of the Law on Complaints and Petitions.

b) Allocate resources and funding to organize the implementation of job protection measures for protected individuals.

c) Direct relevant agencies, organizations, and individuals to require employers to comply with job protection measures for protected individuals as prescribed by law.

d) Handle agencies, organizations, and individuals who violate labor laws concerning protected individuals.

2. People's Committee at the commune level shall apply job protection measures for individuals working as domestic helpers or at establishments or organizations authorized to operate or established by competent state authorities at the commune level.

3. People's Committee at the district level

a) The People's Committee at the district level where the main office or branch, representative office, or subordinate unit of the agency, organization, entity, or production and business establishment authorized to operate or established by competent state authorities at the district level is located shall apply job protection measures for individuals working at the main office or branch, representative office, or subordinate unit.

b) The Department of Labor, Invalids, and Social Affairs shall advise the People's Committee at the district level to implement job protection measures for protected individuals.

4. Provincial People's Committees

a) The People's Committee at the provincial level where the main office or branch, representative office, or subordinate unit of the agency, organization, entity, enterprise, or other production and business establishment authorized to operate or established by competent state authorities at the provincial level, sector, or central level is located shall apply job protection measures for individuals working at the main office or branch, representative office, or subordinate unit.

b) The Department of Labor, Invalids, and Social Affairs shall advise the People's Committee at the provincial level to implement job protection measures for protected individuals.

Article 7. Responsibilities of Employers

1. Shall not discriminate against job opportunities for protected individuals.

2. Shall not retaliate, persecute, or threaten protected individuals in a manner that affects their jobs, income, and other legitimate benefits derived from their work.

3. Shall promptly and fully implement job protection measures for protected individuals according to the requirements and recommendations of the authority issuing the job protection measures.

4. Shall report to the authority issuing job protection measures and inform the workers' representative organization at the workplace about the results of implementing job protection measures.

5. The management agency of the enterprise, agency, unit, organization, production and business establishment; the primary employer in cases where the protected individual works at a branch, representative office, or subordinate unit shall be responsible for coordinating and providing information, documents, and files when requested by the competent authority protecting jobs during the process of receiving, verifying, and applying job protection measures.

Article 8. Responsibilities of organizations representing workers

1. Organizations representing workers at the workplace

a) Monitor employers in their implementation of measures to protect employment for those entitled to such protection upon request or proposal from the authority deciding on the application of protective measures.

2. County and provincial labor federations

a) Direct the Trade Union Executive Board at the workplace to monitor employers in their implementation of measures to protect employment for those entitled to such protection.

b) Supervise the competent authority at the same level in its leading role and coordination with relevant agencies, organizations, and individuals in organizing the implementation of measures to protect employment for those entitled to such protection.

c) Coordinate with the People's Committee at the same level to require employers to comply with measures to protect employment for those entitled to such protection as decided by the competent authority.

Article 9. Responsibilities of related agencies, organizations, and individuals

Political and political-social organizations and other agencies, organizations, and individuals within their respective duties and authorities shall be responsible for coordinating with the competent authority applying protective measures to provide information and materials and carry out the protection of employment for those entitled to such protection.

Article 10. Effective Date

This Circular takes effect from December 1, 2020.

Article 11. Implementation Organization

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs for study, amendment, and supplementation to ensure appropriateness./.