Vietnam: What is the declaration form for assets and income of communist party members, cadres, civil servants and public employees? What are the instructions on declaring assets and income in 2022?
Who is required to declare assets and income in Vietnam?
According to the provisions of Article 34 of the Law on Anti-Corruption 2018 (a phrase superseded by Clause 3, Article 217 of the Law on Enterprises 2020) as follows:
The following individuals required to declare assets and income:
- Officials.
- Commissioned officers of police and military forces, career military personnel.
- Holders of positions of deputy managers and above in public service agencies, wholly state-owned enterprises, appointed representatives of state capital in enterprises.
- Nominees for the National Assembly delegates and the People’s Councils delegates.
In addition, according to subsection 8.3, Section 8 of Guideline 01-HD/TW in 2021 on the responsibilities of communist party members as follows:
8.3. Responsibilities of communist party members and committees for formulating and managing communist party membership dossiers
a) For communist party members:
- Communist party members must completely, clearly, accurately and honestly declare their own background and communist party member sheet as prescribed.
- Every year or when changing official party activities, they must fully record their changes in the supplementary form of communist party membership dossiers, and report to branch committees and branches.
- Carefully preserve dossiers for transfering party activities, fail to spoil or lend them to others; in case of losing or damaging dossiers, communist party members must report to the committee clearly the reasons for losing or damaging them, accompanied by confirmations of the committees or the commune or ward police agencies,... where communist party member dossiers are lost, damaged to be considered the re-folamurtion of communist party member dossiers.
According to the above instructions, every year, communist party members must declare changes on assets and income in the supplementary form of communist party membership dossiers.
Normally, the declaration of changes on assets and income of communist party members will be carried out at the time of the year-end assessment and review.
What is the declaration form for assets and income of communist party members in Vietnam?
The supplementary form of communist party members dossier (Form 3-HSV) is issued together with Guideline 12-HD/BTCTW in 2022:
Download the supplementary form of communist party member dossier (Form 3-HSV): here.
Instructions on filling out the supplementary form of communist party member dossier (form 3- HSV)
- The sections in the header part shall fill out the corresponding contents in the communist party member sheet.
- Sections in the body part: Only write sections with a change from the previous year, sections that have not changed from the previous year, write in that section the letter "K". The sections that have instructions are recorded according to the instructions in the form, the remaining sections are recorded as instructions for filling out communist party member sheets.
- Use and management of communist party member dossiers:
+ The branch committee or branch shall guide, collect, inspect and certify the supplementary form of communist party member dossiers, record the changes to the list of communist party members of the branch and transfer the supplementary form of communist party member dossiers to the internal party committee (if it is a internal branch, the branch committee shall confirm it in the section of the internal committee).
+ The internal committee shall record additional changes to the communist party member's background and communist party members list, and transfer supplementary form of communist party member dossiers to the direct superior committee.
+ The direct superior to internal party organization shall inspect and collect supplementary form of communist party member dossiers; add changes to communist party member sheets, communist party member dossiers, communist party member lists and communist party member databases; keep the supplementary form of communist party member dossiers along with communist party member dossiers, if the internal committee manages communist party member dossiers, and transfer the supplementary form to the internal committee.
Note: If communist party members are cadres, civil servants and public employees with positions and powers to directly contact and handle the work of other agencies, units and individuals according to Article 10 of Decree 130/2020/ND-CP, they must declare annual assets and income as prescribed in this Decree.
In Clause 3, Article 36 of the Law on Anti-Corruption 2018, holders of positions of directors of provincial departments and above. Declaration must be done annually by December 31.
Thus, communist party members required to declare assets and income in 2022 must complete the declaration form of assets and income before December 31, 2022.
What is the declaration form for assets and income of cadres, civil servants and public employees in Vietnam?
The latest declaration form for assets and income is currently specified in Appendix I of Decree 130/2020/ND-CP.
Specifically, the declaration is made according to the Declaration Form and Instructions for declaration in Appendix I issued together with Decree 130/2020/ND-CP as follows:
Download the declaration form for assets and income of cadres, civil servants and public employees: here.
Instructions on declaring assets and income for civil servants
(1) Persons obliged to declare assets and income clearly state the method of declaration as prescribed in Article 36 of the Law on Anti-Corruption 2018 (first declaration or annual declaration, declaration for official management). The first declaration is not required to declare Section III "Fluctuations in assets and income; explain the origin of assets, additional income", do not arbitrarily change the name and order of contents specified in this form.
The declarant must sign on each page and sign, stating his full name on the last page of the declaration.
The declarant must make 02 declarations to hand over to his agency, organization or management unit (01 copy handed over to the Asset and Income Control Agency, 01 copy to serve the management of the agency, organization, unit and publicity of the declaration).
Persons of agencies, organizations and management units who are obliged to declare when receiving the declaration form must check the adequacy of the declared contents, sign and specify the full name and date of receipt of the declaration.
(2) Record the date of completion of the declaration.
(3) Write down the citizen ID number. If a citizen ID card has not been issued, write down the ID number (people/military/police) and specify the date of issue and place of issue.
(4) If the spouse of the declarant works regularly in the agency, organization or enterprise, specify the name of that agency/organization/enterprise; in case of freelancing, retiring or working as a housewife, specify that content.
(5) Declared assets are existing assets owned and used by the declarant, of spouses and biological children, adopted children (if any) minors as prescribed by law.
(6) The actual land use right means that the declarant has land use rights for land that has been granted or has not been granted a land use right certificate.
(7) Residential land means land used for residential purposes in accordance with the law on land. In case the land plot is used for many different purposes, including residential land, it shall be declared in the residential land section.
(8) Specify the number of houses (if any), alleys, nooks, neighborhoods, villages, hamlets and villages; communes, wards, towns; districts, towns and cities of the province; provinces and centrally-run cities.
(9) Record the land area (m2) according to the land use right certificate or the actual measured area (if there is no land use right certificate).
(10) Value is the original price in Vietnamese currency, specifically: In case the asset is acquired as a result of purchase or transfer, the actual amount payable when buying or receiving the transfer plus other taxes and fees (if any);
In case the asset is acquired by self-construction, manufacture or embellishment, the total costs paid to complete the construction, manufacture and embellishment shall plus fees and charges (if any) at the time of asset formation; in case the asset is given, donated or inherited, it shall be recorded at the market price at the time of being given, donated or inherited plus other taxes and fees (if any) and recorded "estimated value";
In case it is not possible to estimate the value of assets for reasons such as assets used for too long or there is no transaction for similar assets, write "value unknown" and specify the reasons.
(11) If the land plot has been granted a land use right certificate, write the number of the land use right certificate and the name of the grantee or the name of the representative (if it is a common land use right certificate of many people); if the land plot has not been granted a land use right certificate, it says "land use right certificate has not been issued".
(12) Record specifically the actual status quo of management and use (for example, the declarant is registered in the name of the right to use, ownership but actually belongs to another person); the status quo of transfer, name and current status of use such as leasing or lending,...
(13) Declare lands whose use is not residential land in accordance with the Law on Land.
(14) Write "apartment" if it is an apartment in a dormitory or an apartment building; write "separate house" if the house is built on a separate parcel of land.
See the full instructions for completing the declaration form for assets and income of civil servants in Appendix I issued together with Decree 130/2020/ND-CP.
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