Does the Executive Judge of the People’s Supreme Court have the authority to request or propose inspection of assets and income in Vietnam?
Does the Executive Judge of the People’s Supreme Court have the authority to request or propose inspection of assets and income in Vietnam?
According to Point d, Clause 1, Article 42 of the Law on anti - corruption 2018, it is stipulated as follows:
Authority to request or propose inspection of assets and income
1. In any of the situations mentioned in Point a, b and c Clause 1 Article 41 of this Law, or additional information is necessary for personnel management, the following organizations and persons are entitled to request the asset surveillance authority to issue a decision on assets and income inspection:
a) Standing Committee of the National Assembly is entitled to request inspection of assets and income of the persons who are expected to be elected, approved or designated by the National Assembly or Standing Committee of the National Assembly as Deputy State Auditor General;
b) The President is entitled to request inspection of assets and income of the persons who are expected to be designated as Deputy Prime Minister, Head of a ministerial agency, Deputy Executive Judge of the People’s Supreme Court, Judge of the People’s Supreme Court, Deputy Director of the People’s Supreme Procuracy or Procurator of the People’s Supreme Procuracy;
c) The Prime Minister is entitled to request inspection of assets and income of the persons who are expected to be designated as Deputy Ministers or holders of equivalent positions of Ministries, ministerial agencies, the head and deputies of the heads of Governmental agencies; the persons who are expected to be elected or designated as President or Deputy President of the People’s Committees of provinces;
d) The Executive Judge of the People’s Supreme Court is entitled to request inspection of assets and income of the persons who are expected to be designated as executive judge or deputy executive judge of People’s Courts; The Director of the People’s Supreme Procuracy is entitled to request inspection of assets and income of the persons who are expected to be designated as directors and deputy directors of the People’s Procuracies, except for the cases mentioned in Point b of this Clause;
dd) Standing Committee of the People’s Council is entitled to request inspection of assets and income of the persons who are expected to be elected or approved by the People’s Council or Standing Committee of the People’s Council;
e) President of the People’s Committees of provinces and Presidents of the People’s Committees of districts are entitled to request inspection of assets and income of the persons who are expected to be elected or designated as Presidents and Vice-Presidents of the People’s Committees of inferior levels;
g) National Election Council, election committees or committees of Vietnamese Fatherland Front are entitled to request inspection of assets and income of candidates for delegates of the National Assembly or the People’s Council;
h) Standing agencies of political organizations and socio-political organizations are entitled to request inspection of assets and income of the persons who are expected to be elected during their general assemblies;
i) The head of the organization or supervisor of the individuals required to declare assets and income is entitled to request inspection of their assets and income, except for the cases specified in Points a, b, c, d, đ, e, g and h of this Clause.
2. Inspection agencies, state audit agencies, investigation agencies, the People’s Procuracies, People’s Courts, other competent organizations are entitled to request asset surveillance authority to carry out assets and income if such an inspection is deemed necessary for during the process of inspection, audit, investigation, prosecution, trial or judgment execution.
According to the above regulations, The Executive Judge of the People’s Supreme Court is entitled to request inspection of assets and income of the persons who are expected to be designated as executive judge or deputy executive judge of People’s Courts, except for the cases specified in Point b of this Clause.
Does the Executive Judge of the People’s Supreme Court have the authority to request or propose inspection of assets and income in Vietnam?
What are the procedures for inspection of assets and income in Vietnam?
According to Article 44 of the Law on anti - corruption 2018, the inspection procedures is specified as follows:
Step 1. Issue the decision on inspection of assets and income and establish an inspectorate.
Step 2. Request the declarant to provide explanation for his/her assets and income.
Step 3. Carry out the inspection.
Step 4. Prepare and submit an inspection report.
Step 5. Give a conclusion.
Step 6. Send and publish the conclusion.
What are the contents of inspection of assets and income in Vietnam?
According to Article 43 of the Law on anti - corruption 2018, it is stipulated as follows:
Inspection contents
1. Truthfulness, adequacy and straightforwardness of the declaration.
2. Truthfulness of the declared origins of additional assets and income.
Thus, the inspection contents includes:
- Truthfulness, adequacy and straightforwardness of the declaration.
- Truthfulness of the declared origins of additional assets and income.
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