On October 15th, 2020, the Ministry of Labor – War Invalids and Social Affairs issued Circular No.08/2020/TT-BLDTBXH guiding the employment protection of whistleblowers working under labor contracts. This document takes effect from December 1st, 2020.

Accordingly, job protection of the protected person is understood as a competent agency considering and issuing a decision on application of necessary measures specified in Clause 2, Article 57 of the Law on denunciation to job protection for the protected person.

The order is as follows:

• When there are grounds specified in Clause 3, Article 47 of the Law on Denunciation, the denunciator or the denunciation-settler shall send a written request to the competent agency to apply measures to protect the protected person’s employment;
• In urgent cases, the denouncers can request in person or by phone to request the person settling the denunciation to apply protective measures immediately, but then the request must be presented in writing.
• In case the request for protection is found to be grounded, the competent agency shall issue a decision to apply the protected person’s employment protection measures according to regulations.
• In case the request for protection is unfounded or deems it unnecessary to apply the protection measure, the competent authority shall issue a notice not to apply the protection measure as prescribed.