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THE MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
4246/VBHN-BLDTBXH
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Hanoi, November
24, 2021
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CIRCULAR
ON
GUIDELINES FOR PROTECTION OF EMPLOYMENT STATUS OF WHISTLEBLOWERS WORKING UNDER
LABOR CONTRACTS
Circular No. 08/2020/TT-BLDTBXH dated October 15,
2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for
protection of employment status of whistleblowers working under labor
contracts, coming into force as of December 1, 2020, amended by:
Circular No. 09/2021/TT-BLDTBXH dated September 7,
2021 of the Minister of Labour, Invalids and Social Affairs on amendments to
Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of
Labour, Invalids and Social Affairs on guidelines for protection of employment
status of whistleblowers working under labor contracts, coming into force as of
November 1, 2021.
Pursuant to the Whistleblowing Law dated June 12,
2018;
Pursuant to the Government’s Decree No.
31/2019/ND-CP dated April 10, 2019 on guidelines for implementation of the
Whistleblowing Law;
Pursuant to the Government’s Decree No.
14/2017/ND-CP dated February 17, 2017 defining the functions, tasks, entitlements
and organizational structure of the Ministry of Labor, War Invalids and Social
Affairs;
At the request of the Chief Inspector of
Ministry of Labor, War Invalids and Social Affairs;
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Article 1. Scope
This Circular set forth procedures for protection
of employment status of whistleblowers (labor contract-based employees) and
their relatives, including: spouse, natural father, natural mother, adoptive
father, adoptive mother, natural child or adoptive child of the whistleblower
(hereinafter referred to as the protectees); responsibilities of agencies,
organizations and individuals in the protection of protectee’s employment
status.
Article 2. Regulated entities
This Circular applies to:
1. Protectees; alleged wrongdoers on the
whistleblower’s report; persons who address wrongdoing.
2. Competent authorities that enforce protection of
employment status of protectees (hereinafter referred to as enforcing
authorities) and relevant agencies, organizations, and individuals.
Article 3. Interpretation of
terms
For the purposes of this Circular, the following
expressions have the following meanings assigned to them:
1. “labor contract-based employee” means an
employee specified in labor legislation, including a labor contract-based
employee in a regulatory agency or public sector entity.
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Article 4. Procedures for
protection2
Procedures for protection shall comply with the
provisions in Section 2 Chapter VI of the Law on denunciation.
Article 5.3 (annulled)
Article 6.4 (annulled)
Article 7. Responsibilities of
employers
1. Do not place employment discrimination against
the protectee.
2. Do not retaliate, slam or threaten to affect the
protectee's employment, income and other legitimate interests from their job.
3. Promptly and fully comply with the employment
protection measures in favor of the protectee at the request of the enforcing
authority.
4. Report the enforcing authority on and notify the
employee representative of the result of the employment protection measures.
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Article 8. Responsibilities of
employee representatives
1. Grassroots employee representative
a) Supervise the employer in the compliance with
employment protection measures at the request of the enforcing authority.
b) In case where the employer fails to implement
employee protection measures, the executive board of grassroots trade union or
the management board of the internal organization of employees shall give
written opinions to the employer, and report the case to the authority that has
decided to adopt such employee protection measures and the superior
representative organization of the employee (if any) for taking timely actions
and further employee protection measures.
2. Confederation of Labor of district, province
a) Direct the executive board of grassroots trade
union to supervise the employer in compliance with the employment protection
measures.
b) Supervise the enforcing authority of the same
level in taking charge and cooperating with relevant entities in adoption of
the employment protection measures.
c) Cooperate with People’s Committee of the same
level in requesting the employer to comply with the employment protection
measures under the decision of competent authority.
Article 9. Responsibilities of
relevant entities
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Article 10. Entry in force6
This Circular comes into force as of December 1,
2020.
Article 11. Implementation7
1. Ministers, Heads of ministerial-level agencies, Heads
of Governmental agencies, the Presidents of People’s Committees of provinces
and central-affiliated cities and relevant entities shall implement this
Circular.
2. Difficulties arising during the implementation
of this Circular shall be reported to the Ministry of Labor, War Invalids and
Social Affairs for consideration./.
CERTIFICATION
OF CONSOLIDATED DOCUMENT
MINISTER
Dao Ngoc Dung
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1 Circular No. 09/2021/TT-BLDTBXH dated
September 7, 2021 of the Minister of Labour, Invalids and Social Affairs on
amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the
Minister of Labour, Invalids and Social Affairs on guidelines for protection of
employment status of whistleblowers working under labor contracts has the
following legal foundation:
“Pursuant to the Whistleblowing Law dated June
12, 2018;
Pursuant to the Government’s Decree No.
31/2019/ND-CP dated April 10, 2019 on guidelines for implementation of the
Whistleblowing Law;
Pursuant to the Government’s Decree No.
14/2017/ND-CP dated February 17, 2017 defining the functions, tasks,
entitlements and organizational structure of the Ministry of Labor, War
Invalids and Social Affairs;
At the request of the Chief Inspector of
Ministry of Labor, War Invalids and Social Affairs;”
2 This Article is amended by clause 1
Article 1 of Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the
Minister of Labour, Invalids and Social Affairs on amendments to Circular No.
08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids
and Social Affairs on guidelines for protection of employment status of
whistleblowers working under labor contracts, coming into force as of November
1, 2021.
3 This Article is annulled by clause 3
Article 1 of Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the
Minister of Labour, Invalids and Social Affairs on amendments to Circular No.
08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids
and Social Affairs on guidelines for protection of employment status of
whistleblowers working under labor contracts, coming into force as of November
1, 2021.
4 This Article is annulled by clause 3
Article 1 of Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the
Minister of Labour, Invalids and Social Affairs on amendments to Circular No.
08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids
and Social Affairs on guidelines for protection of employment status of
whistleblowers working under labor contracts, coming into force as of November
1, 2021.
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6 Article 2 of Circular No.
09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids
and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated
October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on
guidelines for protection of employment status of whistleblowers working under
labor contracts, coming into force as of November 1, 2021 stipulates as
follows:
“Article 2. Entry in force
This Circular comes into force as of November 1,
2021.”
7 Article 3 of Circular No.
09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids
and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated
October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on
guidelines for protection of employment status of whistleblowers working under
labor contracts, coming into force as of November 1, 2021 stipulates as
follows:
“Article 3. Implementation
1. Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, the Presidents of People’s Committees
of provinces and central-affiliated cities and relevant entities shall
implement this Circular.
2. Difficulties arising during the
implementation of this Circular shall be reported to the Ministry of Labor, War
Invalids and Social Affairs for consideration.”