(Chinhphu.vn) - The Government has issued Decree No. 156/2026/ND-CP amending and supplementing a number of articles of Decree No. 31/2019/ND-CP dated April 10, 2019, detailing a number of articles and organizational measures for the implementation of the Law on Whistleblowing.
Báo Chính Phủ•21/05/2026
Some new regulations regarding complaints.
New regulations on withdrawing complaints.
Specifically, Decree No. 156/2026/ND-CP amends and supplements Article 4 of Decree No. 31/2019/ND-CP regulating the withdrawal of complaints.
According to the new regulations, the withdrawal of a complaint must clearly state the date, month, year, full name, address of the person withdrawing the complaint, contact method, content of the withdrawn complaint, and must be signed or fingerprinted by the person withdrawing the complaint, and must be completed according to Form No. 02 in the Appendix issued with this Decree.
The record of withdrawal of complaint is prepared by the person handling the complaint, or the person checking and verifying information about the complainant and the conditions for accepting the complaint, or the person verifying the content of the complaint, or the person receiving the withdrawal of the complaint, when working with the person withdrawing the complaint. The record of withdrawal of complaint must bear the signature or fingerprint of the person withdrawing the complaint and must be made according to Form No. 03 in the Appendix issued with this Decree.
In cases where multiple people file a complaint and one, some, or all of them withdraw their complaint, the withdrawal of the complaint shall be carried out in accordance with the regulations above.
If the complainant withdraws the complaint, the person handling the complaint must still continue to handle it if, after reviewing the files, documents, and information collected, they find that the case has one of the following grounds:
- The alleged conduct shows signs of violating the law;
- There are grounds to determine that the withdrawal of the complaint was carried out due to the complainant being threatened, coerced, or bribed;
- There is evidence to suggest that the complainant has abused the right to make false accusations, insult, and cause harm to the accused.
When handling complaints as stipulated in Clause 3, Article 33 of the Law on Complaints, the person handling the complaint shall apply measures within their authority or propose that competent agencies, organizations, or individuals apply measures to protect the complainant in accordance with the law; and shall handle those who threaten or bribe the complainant, or those who exploit the complaint process to slander, insult, or cause harm to the accused in accordance with the law.
The complaint resolution process is updated promptly on the National Database.
Decree No. 156/2026/ND-CP adds Article 19a on the application of information technology and digital transformation in resolving complaints, following Article 19 which stipulates the procedures for resolving complaints regarding violations of the law in the performance of duties and public functions with clear content, specific evidence, and a basis for immediate handling, as follows:
Authorized agencies, organizations, and individuals shall apply information technology and digital transformation to update, monitor, manage, store, connect, and share data for resolving complaints in accordance with the law.
Information and data on the process of handling and resolving complaints are updated promptly on the National Database on Citizen Reception, Application Processing, and Complaint Resolution.
The application of information technology and digital transformation in handling complaints must ensure transparency, cybersecurity, protection of personal data, and compliance with regulations on protecting state secrets.
Principles for disciplinary action against officials, civil servants, and public employees who violate the law on whistleblowing.
At the same time, Decree No. 156/2026/ND-CP also amends and supplements Article 21, which stipulates the principles for disciplinary action against officials, civil servants, and public employees who violate the law on denunciation as follows:
The person handling the complaint, the person verifying the content of the complaint, the person receiving the complaint, and the complainant who are officials, civil servants, or public employees and commit violations of the law on complaints shall, depending on the nature and severity of the violation, be subject to disciplinary action in accordance with the law and the regulations below (Articles 22 and 23 of this Decree) or criminal prosecution. In cases where damage is caused, compensation must be paid in accordance with the law on the State's liability for compensation.
The principles, authority, order, procedures for handling disciplinary matters, and other related regulations shall be implemented in accordance with the law on disciplinary action against officials, civil servants, and public employees.
Regulations on disciplinary action against those who handle complaints, verify the content of complaints, and receive complaints.
Decree Decree No. 156/2026/ND-CP amends and supplements Article 22 on disciplinary action against persons handling complaints, persons verifying the content of complaints, and persons receiving complaints as follows:
1. The disciplinary measure of reprimand applies to the person handling the complaint, the person verifying the content of the complaint, and the person receiving the complaint when they commit any of the following acts:
a) Failure to fulfill or inadequate fulfillment of the responsibility to protect whistleblowers, resulting in retaliation or harassment against the whistleblower, except as stipulated in Point b of section 3 and point d of section 4 below;
b) Obstructing, hindering, or causing inconvenience to the whistleblower;
c) Lack of responsibility in handling complaints;
d) Covering up for the accused, except in cases stipulated in point c, item 4.
2. The disciplinary measure of a warning shall be applied to the person handling the complaint, the person verifying the content of the complaint, and the person receiving the complaint when they commit any of the following acts:
a) Having already been disciplined with a reprimand as stipulated in section 1 above, and then committing the offense again;
b) Disclosing the name, address, signature of the whistleblower and other information that reveals the whistleblower's identity, except in cases where the whistleblower refuses measures to protect the confidentiality of information;
c) Deliberately failing to accept a complaint, failing to issue a conclusion on the content of the complaint; failing to make a decision on handling the complaint within their authority or failing to recommend that the competent authority handle the complaint;
d) Abusing one's position and authority in handling complaints to commit illegal acts;
d) Threatening, bribing, retaliating against, persecuting, or insulting the whistleblower;
e) Failure to apply whistleblower protection measures within the jurisdiction resulting in the whistleblower being retaliated against, harassed, or suffering injury or health damage with a body injury rate of 31% to less than 61%, except in cases stipulated in point b, section 3 below.
3. The disciplinary measure of dismissal from office applies to those handling complaints, verifying the content of complaints, and receiving complaints who hold leadership or management positions when they commit any of the following acts:
a) Having already received a disciplinary warning as stipulated in section 2 above, and then committing the offense again;
b) Failure to apply whistleblower protection measures within the scope of authority, resulting in the whistleblower being subjected to retaliation, harassment, injury, or health damage with a body injury rate of 31% to less than 61%.
4. Disciplinary measures such as dismissal or removal from office shall be applied to the person handling the complaint, the person verifying the content of the complaint, and the person receiving the complaint when they commit any of the following acts:
a) Having been disciplined with dismissal from office for civil servants holding leadership or management positions, or a warning for civil servants not holding leadership or management positions, and having committed the offense again;
b) Deliberately failing to resolve or deliberately resolving complaints unlawfully, causing instability, insecurity, and disruption of social order;
c) Deliberately disregarding evidence, omitting information or documents, or losing or falsifying records and documents related to a complaint during the complaint resolution process, leading to an incorrect determination of the alleged violation or its severity, resulting in a reduction or exclusion of responsibility; covering up for the accused, causing instability, insecurity, and disruption of social order;
d) Failure to apply appropriate whistleblower protection measures, resulting in retaliation or harassment against the whistleblower, leading to injury or health damage with a body injury rate of 61% or more, or death.
Disciplinary action against whistleblowers who are officials, civil servants, or public employees.
Decree No. Decree 156/2026/ND-CP also amends and supplements Article 23 on disciplinary action against whistleblowers who are officials, civil servants, or public employees as follows:
1. A reprimand is the disciplinary measure applied to the whistleblower when any of the following actions occur:
a) Knowing full well that the accusation is untrue but still making the accusation;
b) Knowing that the matter has been resolved by the competent authority in accordance with policies and laws, but still making a complaint without having evidence to prove the content of the complaint;
c) Enticing, instigating, or persuading others to make false accusations.
2. A disciplinary warning will be issued to the whistleblower if they commit any of the following acts:
a) Having already been disciplined with a reprimand as prescribed in section 1, and then committing the offense again;
b) Coercing or bribing others to make false accusations;
c) Using someone else's name to file a complaint, except in cases stipulated in Point b, item 3 below.
3. The disciplinary measure of dismissal from office applies to whistleblowers holding leadership or management positions if they commit any of the following acts:
a) Having already received a disciplinary warning as stipulated in section 2 above, and then committing the offense again;
b) Using someone else's name to make accusations that affect the normal operation of an agency, organization, or unit, or cause internal disunity.
4. Disciplinary action including dismissal or removal from office will be applied to the whistleblower if any of the following actions occur:
a) Having been disciplined with dismissal from office (for whistleblowers holding leadership or management positions) or a warning (for whistleblowers not holding leadership or management positions) and committing the offense again;
b) Abusing the right to denounce wrongdoing to spread propaganda against the State, infringe upon the interests of the State; disrupt public security and order;
c) Abusing the right to denounce to distort the truth, slander, make fabricated accusations, attack, sow discord, cause internal disunity, and repeatedly denounce with malicious intent.
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