Circular No. 3/2020/TT-BNV detailing the authority, procedures, formalities, and measures to protect the job position of civil servants, public officials, and employees who make complaints

CIRCULAR

Detailed regulations on the authority, procedures, formalities, and measures to protect the job position of whistleblowers who are civil servants, public officials, and employees
work of the complainant who is an official, civil servant, or public official

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Pursuant to the Law on Complaints 2018;

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

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

At the proposal of the Director of the Civil Servant - Public Official Department;

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

Article 1. Scope of Regulation

This Circular details the authority, procedures, formalities, and measures to protect the job position of whistleblowers who are civil servants, public officials, and employees.

Article 2. Applicability

1. Whistleblowers who are civil servants, public officials, and employees.

2. Agencies, organizations, units, and individuals related to the whistleblowing and resolution of whistleblowing cases.

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

Article 3. Content of job position protection

Protecting the job position of whistleblowers who are civil servants, public officials, and employees involves safeguarding the work associated with their titles, positions, and job roles during the whistleblowing resolution process.

Article 4. Authority to apply protective measures

1. The authority responsible for resolving whistleblowing cases applies protective measures for the job positions of whistleblowers who are under their management.

2. Agencies, organizations, units, and individuals requested or proposed by the authority responsible for resolving whistleblowing cases to implement protective measures for the job positions of whistleblowers who are not under their management.

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

Article 5. Procedures and formalities for protection

The procedures and formalities for protection shall be carried out in accordance with the provisions of Section 2, Chapter VI of the Law on Whistleblowing.

Article 6. Protective measures

1. Protective measures for the job positions of whistleblowers who are civil servants, public officials, and employees are implemented in accordance with Clause 1, Article 57 of the Law on Whistleblowing.

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

a) Implementing regular job position rotation as provided for in Chapter V of Decree No.59/2019/ND-CP dated July 1, 2019, of the Government detailing certain provisions and implementation measures of the Law on Prevention and Combating Corruption;

b) With the consent of the whistleblower who is a civil servant, public official, or employee;

c) Upon a written request from the authority responsible for resolving whistleblowing cases.

3. During the period of protection, there shall be no disciplinary action taken against whistleblowers who are civil servants, public officials, and employees, except where such actions are unrelated to the whistleblowing activity.

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 enforcing this Circular./.