Will an Office Holder Be Dismissed for Diverting Assets During Declaration?
Translation:
Will an official who disperses assets during declaration be compelled to resign from their position? How many days will the decision on handling the violations related to asset dispersal be publicly posted?Hello editorial board,At my workplace, there is an individual required to make an asset and income declaration. However, the declaration made by this individual is very simplistic, showing almost no assets, despite it being well-known within the organization that this person owns several properties and lands. If it is discovered that this person has dispersed their assets during the declaration, will they be compelled to resign from their current position? I kindly request the editorial board to provide clarification on this matter.1. Will an individual holding a position be dismissed if they disperse assets during declaration?
Based on Article 20 of Decree 130/2020/ND-CP stipulating the handling of violations by declarers as follows:
- An individual obligated to declare who makes an untruthful declaration or provides an untruthful explanation regarding the origin of assets and additional income shall, depending on the nature and extent of the violation, be handled according to the provisions of Article 51 of the Law on Anti-corruption.
2. An individual obligated to declare who disperses, conceals assets and income, obstructs the asset and income control activities, fails to submit the declaration after 2 written reminders, shall, depending on the nature and extent of the violation, be subjected to one of the disciplinary forms including warning, salary downgrade, demotion, dismissal, removal from office, mandatory resignation, demotion of military ranks, demotion of titles.
Thus, an individual obligated to declare who disperses or conceals assets and income shall, depending on the nature and extent of the violation, be subjected to one of the disciplinary forms including warning, salary downgrade, demotion, dismissal, removal from office, mandatory resignation, demotion of military ranks, demotion of titles. Therefore, an individual in your agency who disperses assets may be subjected to mandatory resignation depending on the extent of the violation.
2. How many days is the decision to handle the violation of asset declaration dispersion publicly posted?
According to Article 23 of Decree 130/2020/ND-CP stipulating the public posting of the decision to handle violations as follows:
1. The disciplinary decision against an individual who violates the provisions on asset and income control shall be publicly posted at the agency, organization, or unit where the disciplined individual regularly works for 15 days.
Besides public posting, the authority with the power to discipline may choose additional forms of announcement such as at meetings of officials and public employees, agency's workers, organizations, units, or publishing on the agency's, organization's, or unit's electronic information portal.
- The administrative sanctioning and criminal liability prosecution for other violations regarding asset and income control must be publicly disclosed according to legal regulations.
The disciplinary decision against an individual who violates the provisions on asset and income control shall be publicly posted at the agency, organization, or unit where that individual works for 15 days.
Sincerely!
