Are Vietnamese officials required to declare assets and income? What are the procedures for asset and income declaration by Vietnamese officials in 2022?
Are Vietnamese officials required to declare assets and income?
Under Section 1, Part II of the administrative procedures issued with Decision 70/QD-TTCP in 2021 stipulating the persons subject to declare assets and income:
Persons obliged to declare as prescribed in Article 34 of the Anti-Corruption Law 2018 and Article 10 of Decree No. 130/2020/ND-CP on the control of assets and income of persons with positions and powers in agencies, organizations, and units.
Under Article 34 of the Anti-Corruption Law 2018, some phrases were amended according to Clause 3, Article 217 of the Enterprise Law 2020 as follows:
Persons obliged to declare assets and income
1. Officials.
2. Officers of the People's Police; officers of the People's Army, professional soldiers.
3. Persons holding positions from Deputy Head of Department and equivalent or higher working at public service providers, wholly state-owned enterprises, persons appointed as representatives of state capital at enterprises.
4. Nominatees of National Assembly and People's Council delegates.
According to Article 10 of Decree 130/2020/ND-CP, the regulations are as follows:
Persons obliged to make annual declarations
Persons obliged to make declarations as stated in Point b Clause 3 Article 36 of Law on Anti-corruption, including:
1. Following officer titles and ranks:
a) Enforcement officers;
b) Investigators;
c) Accountants;
d) Rangers;
dd) Procurators;
e) Banking procurators;
g) Market controllers;
h) Auditors;
i) Examiners of the Communist Party;
k) Customs examiners;
l) Tax examiners;
m) Inspectors;
n) Judges.
2. Persons holding managerial positions from deputies and equivalent to higher positions operating in fields defined under Annex III attached to this Decree.
3. Representatives of state capital in enterprises.
Persons required to declare assets and income will fulfill their obligations according to current regulations, including Vietnamese officials.
Are Vietnamese officials required to declare assets and income? What are the procedures for asset and income declaration by Vietnamese officials in 2022?
What are the procedures for asset and income declaration in Vietnam?
Under Section 1, Part II of the administrative procedures issued with Decision 70/QD-TTCP in 2021 stipulating the procedures for asset and income declaration as follows:
- Step 1: Prepare a list of persons obliged to declare and guide the declaration
+ Agencies, organizations, or units employing persons obliged to declare assets and income (hereinafter referred to as "declarants") shall prepare a list of declarants as prescribed in Article 34 of the Anti-Corruption Law 2018 (PCTN) and Article 10 of Decree 130/2020/ND-CP.
+ Agencies, organizations shall send the declaration form according to the prescribed form in Decree 130/2020/ND-CP (hereinafter referred to as the Declaration Form), guide, and request declarants to implement the asset and income declaration.
- Step 2: Make the declaration
Declarants are responsible for declaring according to the form (2 declaration forms) and submitting them to their working unit. Assets and income to be declared (as specified in Article 35 of the Anti-Corruption Law 2018) include:
a) Land use rights, houses, building structures, and other assets attached to land, houses, and construction projects;
b) Precious metals, gemstones, cash, valuable papers, and other movable assets each valued at VND 50,000,000 or more;
c) Assets and accounts abroad;
d) Total income between the two declarations.
If the declaration form is not in the correct format or lacks complete content, the agencies, organizations, or units shall request additional or re-declaration. The deadline for additional or re-declaration is 7 days from the date of the request, unless there is a legitimate reason.
- Step 3: Receive, manage, and hand over the declaration forms
Within 20 days from the date of receipt of the declaration form, the managing agencies, organizations, or units shall review, check the declaration form and hand over 1 declaration form to the competent asset and income control agency specified in Article 30 of the Anti-Corruption Law 2018.
- Step 4: Publicize the declaration form
a) The declaration form of the declarant must be publicized at the agencies, organizations, or units where the declarant regularly works.
b) The declaration form of persons expected to be appointed to leadership and management positions at agencies, organizations, or units shall be publicized at the meeting for voting of confidence.
c) The declaration form of candidates for National Assembly and People's Council delegates shall be publicized according to the laws on elections.
d) The declaration form of persons expected to be elected or approved by the National Assembly and People's Council delegates must be publicized to the National Assembly and People's Council delegates before the election or approval. The time and form of publicization shall be implemented according to the regulations of the National Assembly Standing Committee.
e) The declaration form of persons expected to be elected to leadership and management positions at state enterprises shall be publicized at the meeting for voting of confidence when conducting appointments or at the meeting of the Members' Council when electing leadership and management positions.
The procedures for asset and income declaration involve 4 steps: preparing a list of declarants; making the declaration; receiving, managing, and handing over the declaration form, and publicizing the declaration form according to the stated regulations.
What is the time for asset and income declaration in Vietnam?
Under Section 1, Part II of the administrative procedures issued with Decision 70/QD-TTCP in 2021 stipulating the time for asset and income declaration in Vietnam:
1. Time to complete the first declaration:
- Persons holding the positions specified in Clauses 1, 2, and 3 of Article 34 of the Anti-Corruption Law must complete the declaration before March 31, 2021 (as guided in Official Letter No. 252/TTCP-C.IV dated February 19, 2021 of the Government Inspectorate of Vietnam).
- Persons newly holding the positions specified in Clauses 1, 2, and 3 of Article 34 of the Anti-Corruption Law must complete the declaration no later than 10 days from the date of appointment, recruitment, or assignment to the position.
2. Time to complete the supplementary declaration:
When the declarant's assets or income fluctuate by VND 300,000,000 or more within the year. The declaration must be completed before December 31 of the year in which the asset or income fluctuates.
3. Time to complete the annual declaration:
Persons holding positions from Director of Department and equivalent or higher; persons involved in personnel organization, public finance, and asset management, public investment, or direct contact and resolution of agency, organization, unit, and individual affairs as stipulated by the Government of Vietnam must complete the declaration before December 31 each year.
4. Time to complete the declaration for personnel purposes:
- Persons obliged to declare specified in Clauses 1, 2, and 3 of Article 34 of the Anti-Corruption Law 2018 when proposed for election, approval, appointment, reappointment, transfer to other positions must complete the declaration no later than 10 days before the proposed election, approval, appointment, reappointment, transfer to other positions;
- Persons obliged to declare specified in Clause 4 of Article 34 of the Anti-Corruption Law 2018 shall declare according to electoral laws.
Thus, there are 4 times for asset and income declaration: the first declaration, supplementary declaration, annual declaration, and declaration for personnel purposes.
Depending on the type of asset and income declaration, the time for the declaration shall be determined according to these regulations.
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