Procedures for Annual Declaration of Assets and Incomes of Officials: What are the Regulations? What Assets and Incomes are Required to be Declared?
Procedures for Annual Declaration of Assets and Income of Officials as Prescribed
Based on Section 1, Part II of Administrative Procedures under the state management scope of the Government Inspectorate, issued alongside Decision 70/QD-TTCP of 2021, the procedures for the annual declaration of assets and income of officials are as follows:
- Step 1: Create a list of declarants and provide declaration guidance
+ Agencies, organizations, and units that utilize persons required to declare assets and income (hereinafter referred to as declarants) must create a list of declarants as stipulated in Article 34 of the 2018 Law on Anti-Corruption (PCTN) and Article 10 of Decree 130/2020/ND-CP.
+ The respective agencies and organizations must send the asset and income declaration form according to the form prescribed in Decree 130/2020/ND-CP (hereinafter referred to as the Declaration Form), guide the declarants, and request them to declare their assets and income.
- Step 2: Execute the declaration
Declarants are responsible for declaring according to the form (two Declaration Forms) and submit it to the agency or organization where they work. Assets and income to be declared (as stipulated in Article 35 of the 2018 Law on Anti-Corruption) include:
- Right to use land, houses, construction works, and other assets attached to land, houses, construction works;- Precious metals, gemstones, currency, valuable papers, and other movable property with each asset valued at 50,000,000 VND or more;- Assets and accounts abroad;- Total income between two declarations.
If the declaration form is incorrect or incomplete, the agency or organization can request additional or revised declarations. The deadline for supplementary or revised declarations is 7 days from the date of receipt of the request, except in legitimate cases.
- Step 3: Receive, manage and hand over the declaration form
Within 20 days from the receipt of the declaration form, the managing agency, organization, or unit must review and check the declaration form and hand over one declaration form to the competent asset and income control agency as stipulated in Article 30 of the 2018 Law on Anti-Corruption.
- Step 4: Publicize the declaration form
+ The declaration form of the declarant must be publicized at the agency, organization, or unit where they regularly work.+ The declaration form of the person proposed to be appointed to a leadership or management position at the agency, organization, or unit should be publicized at the meeting where the confidence vote is taken.+ The declaration form of the candidate for National Assembly delegate or People's Council delegate must be publicized according to the law on elections.+ The declaration form of the person proposed to be elected or approved by the National Assembly or People's Council must be publicized to National Assembly delegates or People's Council delegates before the election or approval. The time and form of publicity are to be implemented as prescribed by the Standing Committee of the National Assembly.+ The declaration form of the person proposed to be elected to a leadership or management position at a state-owned enterprise must be publicized at the meeting to collect confidence votes during the appointment or at a meeting of the Members' Council when electing leadership or management positions.
Thus, officials must perform annual asset and income declarations of officials in 4 steps: create a list of declarants and provide declaration guidance; execute the declaration; receive, manage and hand over the declaration form; publicize the declaration form.
Procedures for annual declaration of assets and income of officials as prescribed? What assets and income need to be declared?
Who are required to declare annual assets and income?
According to Article 34 of the 2018 Law on Anti-Corruption (amended by Clause 3, Article 217 of the 2020 Enterprise Law), the following persons are required to declare annual assets and income:
- Officials.- Officers of the People's Police; officers of the People's Army, professional soldiers.- Persons holding positions from Deputy Head of Department and equivalent or higher at public service providers, enterprises wholly owned by the State, persons appointed as representatives of state capital in enterprises.- Candidates for the National Assembly, candidates for the People's Council.
What assets and income must be declared?
According to Article 35 of the 2018 Law on Anti-Corruption, declarants must declare the following assets and income:
- Right to use land, houses, construction works, and other assets attached to land, houses, construction works;- Precious metals, gemstones, currency, valuable papers, and other movable property with each asset valued at 50,000,000 VND or more;- Assets and accounts abroad;- Total income between two declarations.
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