What are penalties against violations of declarants on income in Vietnam?

What are penalties against violations of declarants on income in Vietnam?

Pursuant to Article 20 of the Decree 130/2020/NĐ-CP stipulating penalties against violations of declarants on income in Vietnam as follows:

1. Persons obliged to make declarations who fail to stay truthful or truthfully explain origin of additional assets and income shall be met with penalties depending on nature and severity of the violations according to Article 51 of Law on Anti-corruption.

2. Persons obliged to make declarations who disperse or conceal assets, income or obstruct financial, income control or refuse to submit declarations after being expedited twice in writing shall be met with warnings, reduced pay rate, demotion, dismissal or discharge after being expedited twice in writing depending on severity and nature of the violations.

What are penalties against other violations in asset, income control in Vietnam?

Pursuant to Article 21 of the Decree 130/2020/NĐ-CP stipulating penalties against other violations in asset, income control in Vietnam as follows:

1. Heads of agencies, organizations and entities which are irresponsible in organizing declaration, publicizing declaration or submitting declaration shall be met with reprimands, warnings or demotion depending on severity and nature.

2. Heads of asset, income controlling bodies, heads and members of asset, income controlling teams who commit violations in receiving declarations, managing and using databases on controlling assets, income, verifying, concluding verification or publicizing verification shall be met with reprimands, warnings, demotion or dismissal depending on nature and severity.

3. Agencies, organizations, entities and individuals that fail to adequately and promptly perform request of asset, income controlling bodies shall be met with administrative penalties or disciplinary actions as per the law depending on nature and severity.

4. Violations specified under Article 20, Clauses 1, 2, and 3 of this Article shall be criminally prosecuted in case of crimes constitution as per the law.

What are regulations on entitlement, procedures for disciplining persons committing violations regarding asset, income control in Vietnam?

Pursuant to Article 22 of the Decree 130/2020/NĐ-CP stipulating entitlement, procedures for disciplining persons committing violations regarding asset, income control in Vietnam as follows:

1. Disciplining individuals who are officials and employees committing violations shall conform to regulations and law on disciplining officials and employees.

2. Disciplining individuals working in People's Army, People’s Public Security committing violations shall comply with regulations and law on disciplining in the People’s Army, People’s Public Security.

3. Disciplining individuals who are members of political organizations, socio-political organizations committing violations shall conform to regulations of said organizations.

What are regulations on publicizing decisions on penalties angainst asset, income controlling violations in Vietnam?

Pursuant to Article 23 of the Decree 130/2020/NĐ-CP stipulating publicizing decisions on penalties angainst asset, income controlling violations in Vietnam as follows:

1. Decisions on disciplining persons committing violations on controlling assets, income shall be posted publicly in agencies, organizations and entities where the disciplined individuals regularly work for 15 days.

In addition to public posting, competent individuals capable of imposing disciplinary actions may choose to inform in officer and employee meetings of agencies, organizations or entities, or upload on websites of the agencies, organizations and entities.

2. Administrative penalties and criminal prosecution for other violations regarding controlling assets, income must be made public as per the law.

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