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Vietnamese lawmakers emphasize need for measures to protect denunciators
Vietnamese lawmakers emphasize need for measures to protect denunciators
24/5/18
Lawmakers stressed the need to protect denunciators and their kin on the sidelines of the 14th National Assembly’s fifth session which discussed several contentious points of the draft Law on Denunciation (revised) on May 24.
Many deputies noted an outstanding feature of the revised draft law is to contain more specific regulations on the protection of accusers. It has three groups of protection measures: personal information; life, health, assets, honour, dignity, prestige and other personal rights; and working positions and jobs of accusers.
Deputy Luu Binh Nhuong from the Mekong Delta province of Ben Tre suggested that the legislature should collect recommendations of people, especially those involved in denunciations, in order to propose forms and scales of protection. The concept of kin subject to protection should be based on the definition as regulated in the Civil Code.
According to Nhuong, denunciation cases must be classified, so that specific protection measures are carried out for serious cases with possible threats to the denunciators.
Sharing the same view, deputy Nguyen Thanh Hai from northern Hoa Binh province said that the draft law has extended the subject to protection to include people with certain relationship with the denunciator. .
According to him, the subject of protection should be proposed by the denunciator and be limited to a certain scale as the issue is related to financial and human resources to carry out the work.
In terms of denunciation forms, there remain different ideas on the expansion of denunciation forms.
Deputy Bui Van Xuyen from northern Thai Binh province emphasised the need to regulate only two forms of denunciation, through written petitions or face-to-face forms in the current stage. He noted that at present, only 15-20 percent of denunciations are accurate, while 60 percent of denunciations are wrong, and the remaining contain both right and wrong information.
If denunciation forms are expanded, the agencies handling denunciations will have to deal with too many issues and face a lot of difficulties, which can affect the law’s feasibility, he added.
Meanwhile, several said that the recognition of only the current two forms of denunciation is out-of-date, in the context of the fourth industrial revolution. The use of SMSs, fax or email will create favourable conditions for citizens to exercise their right to denunciation./.
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All comments [ 18 ]
Under Vietnam’s Constitution, lodging complaints and denunciations is a basic right of citizens.
Complaints and denunciations in criminal procedures bear, on the one hand, the nature and principle of citizens’ rights to complaints and denunciations in general, and, on the other hand, the particularities of criminal procedures, constituting a guarantee for justice and transparency.
We support the expansion of forms of denunciation to fax, email and phone calls pointed out that the use of information technology has become common in most areas of social life and in State management.
There should be punishment on officials who showed irresponsibility or handled denunciations against the law which resulted in material loss or harm the mental health and honour of the denunciator.
The law on complaints and denunciations and the exercise of the right to lodge complaints and denunciations ensure democracy in criminal procedures.
Complaints and denunciations contribute to proper realization of criminal pro-cedures, enhancing the effectiveness of criminal procedure activities and raising the prestige of procedure-conducting bodies.
In reality, quite a few denunciators were under external pressures to act, while others lodged complaints or denunciations for their own benefit or to sow discord among people in their own groups, particularly at sensitive times or occasions, including national assembly elections and appointments of new leaders.
In reality, quite a few denunciators have been retaliated against. We need to protect them. This is one of the reasons we have to revise the 2011 Anti Corruption Law.
Individuals have the right to denounce illegal acts of persons competent to conduct criminal procedures, which cause damage or threaten to cause damage to legitimate rights of any individual, organization, the State or society.
Denouncers have the following rights: to send written denunciations or denounce in person to competent bodies or individuals; to request confidentiality of their full names, addresses and autographs in order to avoid intimidation, retaliation or revenge; to request procedural bodies to protect them when they are intimidated, retaliated or revenged; and to request to be notified of denunciation settlement results. Agencies or individuals competent to settle denunciations must notify the denouncers in writing of the results of settlement of their denunciations.
In order to prevent untruthful denunciations and abuse of the right to denunciations to commit illegal acts, Vietnamese law does not recognize anonymous denunciations and denunciations without clear addresses of denouncers.
Denounced persons are those with competence to conduct criminal procedures who commit illegal acts causing or threatening to cause damage to legitimate rights and interests of individuals, organizations, the State or society.
They have the following rights: To be informed of denunciation contents; To invoke evidence to prove that denunciation contents are untruthful; To have their infringed legitimate rights and interests and their honor restored and to receive compensation for damage caused by untruthful denunciations according to law;
We must come up with strong actions to protect the denunciators, particularly their personal information, including their place of residence and of work and their personal dignity, as well as their family members.
Yes, the law should have provisions on responsibility of each law enforcement agency, as well as measures to protect the denunciators.
Any anticorruption efforts may be failed if they do not target to the people’s need and lack of their participation.
They also have the following obligations: To explain their denounced acts; to supply relevant information and documents when so requested by competent bodies or individuals; to abide by denunciation-handling results of competent bodies or individuals; and to pay damages and remedy consequences caused by their illegal acts.
This law must protect denunciators' rights!
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