Circular No. 145/2020/TT-BCA stipulates the authority, procedures, formalities, and measures to protect the life, health, property, honor, and dignity of whistleblowers reporting acts of corruption and waste.

CIRCULAR
Regulations on authority, procedures, formalities, and measures to protect
lives, health, property, honor, and dignity of
whistleblowers reporting acts of corruption and waste

Pursuant to the Law on Complaints dated June 12, 2018;

Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;

Pursuant to the Law on Thrift and Combating Wastefulness dated November 26, 2013;

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. 22/2019/NĐ-CP dated February 25, 2019 of the Government on reporting and handling reports in the People's Public Security;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Inspector General of the Ministry of Public Security;

The Minister of Public Security issues this Circular regulating authority, procedures, formalities, and measures to protect the lives, health, property, honor, and dignity of whistleblowers reporting acts of corruption and waste.

Article 1. Scope of Regulation

This Circular regulates the authority, procedures, formalities, and measures to protect the lives, health, property, honor, and dignity of whistleblowers reporting acts of corruption as stipulated in the Law on Prevention and Combating Corruption and acts of violation concerning thrift and combating waste as stipulated in the Law on Thrift and Combating Waste (hereinafter referred to as whistleblowers reporting acts of corruption and waste).

Article 2. Applicability

1. Persons subject to protection as stipulated in Clause 1 Article 3 of this Circular.

2. Authorities handling reports of corruption and waste.

3. Police agencies at all levels; organizations, units, and individuals responsible for implementing measures to protect the lives, health, property, honor, and dignity of persons subject to protection as stipulated in Clause 1 Article 3 of this Circular.

Article 3. Persons Subject to Protection, Scope, Content of Protection, and Basis for Applying Protective Measures

1. Persons subject to protection include: Whistleblowers reporting acts of corruption and waste; spouses, biological parents, adoptive parents, biological children, adopted children of whistleblowers reporting acts of corruption and waste (hereinafter collectively referred to as persons subject to protection). Persons subject to protection residing, working, or studying abroad are not within the scope of regulation of this Circular.

2. Scope and content of protection for persons subject to protection include: Protection of lives, health, property, honor, and dignity. Protected property is property under the ownership of persons subject to protection. Property of persons subject to protection located abroad is not within the scope of regulation of this Circular.

3. Basis for applying protective measures: When there is evidence that the lives, health, property, honor, and dignity of persons stipulated in Clause 1 of this Article are being harmed or are at immediate risk of harm due to whistleblowing on acts of corruption and waste.

Rights and obligations of persons subject to protection shall be implemented according to the provisions of Article 48 of the Law on Reporting. Authorities with jurisdiction over the resolution of reports and police agencies with jurisdiction over the application of protective measures shall not be held responsible for consequences affecting the lives, health, property, honor, and dignity of persons subject to protection if such persons themselves request termination, refuse application of protective measures, or fail to comply with obligations stipulated in Clause 2 of Article 48 of the Law on Reporting.

Article 5. Responsibilities for Implementing Protection of Persons Subject to Protection

1. Police agencies at all levels where persons subject to protection have their place of residence or property shall be responsible for leading and coordinating with relevant organizations, units, and individuals to implement protection of the lives, health, property, honor, and dignity of persons subject to protection; deciding on mobilization, utilization of forces, means, tools, measures, and contents requested from relevant organizations, units, and individuals to cooperate in implementing protection. Relevant organizations, units, and individuals within the scope of their duties and powers shall be responsible for cooperation according to requests from police agencies at all levels.

2. Authorities with jurisdiction over the resolution of reports, upon receiving a request to apply protective measures for the lives, health, property, honor, and dignity of whistleblowers reporting acts of corruption and waste and finding the request to be based on facts and credible, or during the resolution process, finding evidence as stipulated in Clause 3 of Article 3 of this Circular, shall promptly request and require the competent police agency at the provincial level to apply protective measures, as follows:

a) Authorities with jurisdiction over the resolution of reports stipulated in Clauses 6, 7, and 8 of Article 13; Clause 4 of Article 14; Clause 4 of Article 15; Article 16; Clauses 1 and 3 of Article 17; and Article 20 of the Law on Reporting shall promptly request and require the application of protective measures to the Director of Provincial Public Security (collectively referred to as the Director of Provincial Public Security) concerned, while simultaneously sending the Minister of Public Security for guidance. Upon receiving the request and requirement for protection, the Director of Provincial Public Security shall examine and decide on the application of protective measures or instruct subordinate public security units to issue decisions on the application of protective measures;

d) Authorities with jurisdiction over the resolution of reports stipulated in Clause 1 of Article 13 of the Law on Reporting shall promptly request and require the application of protective measures to the Head of Village Public Security. Upon receiving the request and requirement for protection, the Head of Village Public Security shall examine and decide on the application of protective measures;

d) In case of emergency where there is evidence to determine that the life, health, property, reputation, and dignity of the person to be protected may be immediately harmed after reporting acts of corruption and waste; the authority responsible for handling the complaint has the responsibility to immediately request or require the nearest police agency or the police agency where the act of harming the life, health, property, reputation, and dignity of the person to be protected may occur to apply necessary protective measures;

e) In cases where the person to be protected is a prisoner in a detention center; a warder in a compulsory educational facility; a student at a rehabilitation school: The authority responsible for handling the complaint shall promptly request or require the application of protective measures to the Warden of the detention center, the Director of the compulsory educational facility, or the Principal of the rehabilitation school.

3. Upon receiving the request or requirement from the authority responsible for handling the complaint, the document requesting the application of protective measures by the complainant regarding acts of corruption and waste, or the document requesting from authorized agencies or units; if it is determined that the request or requirement is based on evidence within the scope of their duties and powers, the head of the authorized police level must issue a decision to apply protective measures within three working days from the date of receipt of the request or requirement; take the lead and coordinate with relevant agencies, organizations, units, and individuals to implement the protection of the life, health, property, reputation, and dignity of the person to be protected.

In cases where the matter is complex and requires investigation and verification at multiple locations, the time limit for issuing a decision to apply protective measures may be extended but not exceeding five working days. If it does not fall within the jurisdiction, the head of the authorized police level must immediately transfer the request or requirement to the competent police agency for handling according to regulations and notify in writing the authority responsible for handling the complaint, the complainant, or the authorized agency or unit about the transfer.

4. In cases where the request or requirement from the authority responsible for handling the complaint and the complainant regarding acts of corruption and waste lacks evidence or it is deemed unnecessary to apply protective measures, the head of the authorized police level must notify in writing within three working days, stating the reasons to the authorized agency or unit, the complainant, or send a notification document to the complaint handler to explain the reasons to the complainant.

Article 6. Documents requesting or proposing decisions to apply protective measures

1. The document proposing the application of protective measures by the complainant regarding acts of corruption and waste shall be implemented in accordance with Clause 2 of Article 50 of the Law on Complaints.

2. The document requesting or proposing by the authority responsible for handling the complaint sent to the authorized police agencies at various levels to decide on applying protective measures shall include the following main contents:

a) Date, month, year of issuing the request or proposal;

b) Name of the authorized police agency requested or required to decide on applying protective measures;

c) Full name, position, agency, or unit of the authority responsible for handling the complaint;

d) Basis and reason for requesting or proposing the application of protective measures;

d) Date, month, year of issuing the decision to accept the complaint; deadline for resolving the complaint;

e) Full name, address, phone number of the person to be protected; contents of the request or proposal for protection.

3. When sending the request or proposal document, the authority responsible for handling the complaint must attach the decision to accept the complaint, the document proposing the application of protective measures by the complainant regarding acts of corruption and waste as stipulated in Clause 2 of Article 50 of the Law on Complaints (original copy) and other related documents concerning the application of protective measures (if any).

Article 7. Competent authority's power to decide on applying protective measures for persons reporting complaints in the People's Public Security

In cases where the protected person's place of residence or property is outside the jurisdictional area, the competent authority to resolve complaints as stipulated in Clause 1, Article 5 of Decree No. 22/2019/NĐ-CP shall report to the Head of the County Police for handling within their jurisdiction.

In cases where the protected person's place of residence or property is outside the jurisdictional area, the competent authority to resolve complaints as stipulated in Clause 2, Article 5 of Decree No. 22/2019/NĐ-CP shall propose the Head of the County Police related to make a decision to apply protective measures, while reporting to the Director of the Provincial Police for monitoring and directing.

In cases where the protected person is a prisoner at a detention center, a detainee at a compulsory educational facility, or a student at a rehabilitation school: Upon receiving a request to apply protective measures for the life, health, property, honor, and dignity of the complainant regarding acts of corruption and waste, and finding that the protection request is based on evidence and has credibility, or during the process of resolving the complaint, discovering evidence as prescribed in Point 3, Article 3 of this Circular, the Warden of the Detention Center, the Director of the Compulsory Educational Facility, or the Principal of the Rehabilitation School shall promptly decide to apply protective measures.

In cases where the protected person's place of residence or property is outside the jurisdictional area, the competent authority to resolve complaints as stipulated in Clause 4, Article 5 of Decree No. 22/2019/NĐ-CP shall propose the Director of the Provincial Police related to make a decision to apply protective measures.

5. The competent authority to resolve complaints as stipulated in Clause 5, Clause 6, Article 5 of Decree No. 22/2019/NĐ-CP, upon receiving a request to apply protective measures for the life, health, property, honor, and dignity of the complainant regarding acts of corruption and waste, and finding that the protection request is based on evidence and has credibility, or during the process of resolving the complaint, the complaint resolver discovers evidence as prescribed in Point 3, Article 3 of this Circular, shall promptly propose the Director of the Provincial Police related to make a decision to apply protective measures.

In cases where the protected person is a police officer, prisoner at a detention center, police officer, detainee at a compulsory educational facility, police officer, student at a rehabilitation school, and the accused is the Warden, Deputy Warden of the Detention Center, Director, Deputy Director of the Compulsory Educational Facility, Principal, Deputy Principal of the Rehabilitation School: The Chief of the Prison Management Bureau, Compulsory Educational Facilities, and Rehabilitation Schools, upon receiving a request to apply protective measures for the life, health, property, honor, and dignity of the complainant regarding acts of corruption and waste, and finding that the protection request is based on evidence and has credibility, or during the process of resolving the complaint, discovering evidence as prescribed in Point 3, Article 3 of this Circular, shall promptly decide to apply protective measures.

The Inspectorate of the Ministry of Public Security shall be responsible for advising the Minister of Public Security to direct the Deputy Director - Deputy Secretary of the Party Committee of the Provincial Public Security or another entity or individual with the authority to decide on applying protective measures in cases where the accused is the Director of the Provincial Public Security.

Article 8. Procedures for protection

1. The procedures for protecting the life, health, property, reputation, and dignity of the person making a complaint about acts of corruption and waste shall be carried out in accordance with the provisions set forth in Section 2 of Chapter VI of the Law on Complaints.

2. In cases where the competent authority has issued a conclusion on the content of the complaint or decided to terminate the handling of the complaint, it must immediately notify the competent public security agency to decide to terminate the application of protective measures. The decision to terminate the application of protective measures shall be sent to the protected person, the competent authority handling the complaint, and other relevant agencies, organizations, units, and individuals.

3. After the time when the competent authority issues a conclusion on the content of the complaint or decides to terminate the handling of the complaint, if the competent authority continues to receive written requests from the complainant regarding acts of corruption and waste and finds there is sufficient basis and authenticity indicating that the life, health, property, reputation, and dignity of the protected person continue to be harmed or threatened, then the written request shall be transferred to the competent public security agency for handling in accordance with the law and a written notification shall be given to the complainant.

Article 9. Documentation for applying protective measures

The documentation for applying protective measures shall be carried out in accordance with Article 55 of the Law on Complaints and regulations on the storage of documents commonly used in the People's Public Security (the file group on preventing and combating corruption).

Article 10. Protective Measures

Based on actual circumstances, the competent public security agency may apply one or more measures to protect the life, health, property, reputation, and dignity of the protected person in accordance with Article 58 of the Law on Complaints.

Article 11. Funding for Applying Protective Measures

The funding for applying protective measures shall be guaranteed from the state budget. Units and local public security agencies have the responsibility to prepare the budget for applying protective measures, which will be included in the annual security budget estimate and submitted to the Ministry of Public Security (through the Department of Planning and Finance) for consolidation and submission to the Ministry of Finance in accordance with the regulations.

Article 12. Effectiveness, Transitional Provisions, and Responsibility for Implementation

1. This Circular takes effect from February 15, 2021.

2. When the provisions cited in this Circular are amended, supplemented, or replaced, the cited content shall also be adjusted and implemented according to the amended, supplemented, or replaced regulations.

3. Heads of units under the Ministry of Public Security, Directors of provincial and centrally-administered city public security agencies, and relevant agencies, organizations, units, and individuals shall be responsible for implementing this Circular.

4. The Inspectorate of the Ministry of Public Security shall take the lead, monitor, inspect, consolidate, and report on the implementation of this Circular; heads of units under the Ministry of Public Security shall assign advisory and consolidating units within their units, while heads of local public security agencies shall assign the local public security inspectorate to take the lead, monitor, inspect, consolidate, and report on the implementation of this Circular. During the implementation process, if there are any difficulties, units and local public security agencies, as well as relevant agencies, organizations, units, and individuals shall reflect these issues to the Ministry of Public Security (through the Inspectorate of the Ministry of Public Security) for consolidation and reporting to the leadership of the Ministry for consideration and resolution.