Declaration of assets and income of officials and public servants in Vietnam

Hi, the Lawnet would like to answer your questions as follows:

Decree 130/2020/ND-CP (effective from December 20, 2020) on controlling asset and income of persons holding titles and powers in agencies, organizations and entities stipulates the following matters:

1. What is declaration of assets, income?

According to Article 3 of Decree 130/2020/ND-CP stipulates: "“declaration of assets, income” refers to clear, adequate and accurate depiction of assets, income, fluctuation of assets, income to be declared, origin of additional assets, income using the form attached to this Decree. ”

2. 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:

- Following officer titles and ranks:

+ Enforcement officers;

+ Investigators;

+ Accountants;

+ Rangers;

+ Procurators;

+ Banking procurators;

+ Market controllers;

+ Auditors;

+ Examiners of the Communist Party;

+ Customs examiners;

+ Tax examiners;

+ Inspectors;

+ Judges.

- Persons holding managerial positions from deputies and equivalent to higher positions operating in fields defined under Annex III attached to this Decree.

- Representatives of state capital in enterprises.

3. Assets and income subject to declaration

According to Article 35 of the Law on Anti -Corruption, the following assets and income shall be declared:

- Land use rights, houses, construction works and other property attached thereto;

- Previous metals, gemstones, cash, financial instruments and other real property each of which is assessed at VND 50.000.000 or above;

- Overseas property and accounts;

- Total income between 02 declarations.

4. Deadline for asset and income declaration

Time to declare the income assets of cadres, civil servants, and public employees was implemented as follows:

Deadline for first-time declaration

Officials and civil servants must complete the first declaration at least 10 days from the date of receipt, recruitment, and arrangement in the working position.

Additional declaration deadline

The additional declaration must be completed before December 31 of the year with changes in property and income when the person is obliged to declare changes in property and income in the year with a value of 300,000,000 VND or more.

Deadline for annual declaration

Persons in charge of organizing cadres, managing public finance, public property, or public investment, or people who directly contact and settle the work of agencies, organizations, units, and other individuals as prescribed by the government, must complete the declaration before December 31 every year.

Deadlines for declarations for officer affairs

- Officials and civil servants who are expected to vote, ratify, appoint, re-appoint, and serve in other capacities must complete the declaration at least 10 days before the expected date of an election, approval, appointment, re-appointment, or other position;

- The candidate for the National Assembly deputies, the candidate for the People's Council deputies, and the declaration shall comply with the provisions of the law on elections.

5. Latest form of declaration of assets and income

The form of asset declaration, income, and declaration guidelines shall be specified in Appendices I and II, issued with Decree 130/2020/ND-CP.

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