Vietnam Proposes State Compensation for Unprotected Whistleblowers

The Vietnamese government has proposed that the state should provide compensation to individuals who are not adequately protected while fighting corruption, waste, and negativity. This proposal is part of a draft law amending regulations on the state's liability for compensation.

Minister of Justice Hoàng Thanh Tùng presented the government's proposal, emphasizing that the right to state compensation for damages caused by public officials is a constitutional right. The draft law seeks to revise 33 articles of the current law on state compensation liability and abolish two others. A significant addition is the provision for compensation for those who combat corruption, waste, and negativity, as well as their relatives.

The draft defines "individuals fighting corruption, waste, and negativity" as those who report or denounce such acts by state agencies, organizations, or individuals in the performance of their duties or in managing public assets. Relatives covered include spouses, biological and adoptive parents, and children. The state would be responsible for compensation if it fails to apply or applies inadequate protective measures for these individuals and their families as stipulated by the Law on Denunciation and related legal documents.

Phan Chí Hiếu, head of the Committee for Law and Justice, reported that the committee largely agrees with this addition, seeing it as a way to institutionalize Political Bureau Resolution 231 on protecting whistleblowers. However, some concerns were raised regarding the unclear definition of "negativity" in existing laws and the lack of specific legal provisions for protecting those who report it. The committee recommends clarifying the legal meaning of "negativity" and establishing a concrete legal mechanism for protection to ensure a comprehensive basis for compensation.

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The right to state compensation when there are damages caused by public officials is a constitutional right.