Does a civil servant who is obliged to declare have to declare his wife's assets and income in Vietnam?

Does a civil servant who is obliged to declare have to declare his wife's assets and income in Vietnam?

Pursuant to Article 33 of the 2018 Anti-Corruption Law, the obligation to declare assets and income is stipulated as follows:

1. Individuals required to declare assets and income shall declare their assets and income, changes to assets and income of themselves, their spouses and minor children in accordance with this Law.

2. Individuals required to declare assets and income shall truthfully declare their assets and income, origins of additional assets and income following the procedures in this Law, and take responsibility for such declaration.

In Article 34 of the Law on Anti-Corruption 2018, amended by Clause 3, Article 217 of the Law on Enterprises 2020, it is stipulated that people are obliged to declare assets and income as follows:

1. Officials.

2. Commissioned officers of police and military forces, career military personnel.

3. Holders of positions of deputy managers and above in public service agencies, wholly state-owned enterprises, appointed representatives of state capital in enterprises.

4. Nominees for the National Assembly delegates and the People’s Councils delegates.

Thus, as a public servant, you must declare your assets, income, and changes in assets and income of yourself, your wife, and your minor children according to the above regulations in Vietnam.

How many days from the date a civil servant is newly appointed to a position must declare income and assets in Vietnam?

According to Article 36 of the Law on Anti-Corruption 2018, method and time for declaration of assets and income are specified as follows:

1. First declaration shall be made by:

a) Holders of the positions mentioned in Clause 1, 2, 3 Article 34 of this Law while this Law is affective. Declaration must be done by December 31, 2019;

b) Persons holding the positions mentioned in Clause 1, 2, 3 Article 34 of this Law for the first time. Declaration shall be done within 10 days from the date of designation or employment.

2. Additional declaration shall be done when there is a change of at least VND 300.000.000 to his/her assets and income in the year. Declaration shall be done by December 31 of the year in which the change occurs, unless such change has been declared in accordance with Clause 3 of this Article.

3. Annual declaration shall be made by:

a) Holders of positions of directors of provincial departments and above. Declaration must be done annually by December 31;

b) Persons other than those mentioned in Point a of this Clause in charge of official management, management of public funds, public property or public investment, or have influence over the operation of other entities as prescribed by the Government. Declaration must be done annually by December 31;

4. Declaration serving official management Firs declaration shall be made by:

a) The individuals required to declare assets and income specified in Clause 1, 2, 3 Article 34 of this Law before they are elected, designated, re-designated or re-assigned. Declaration shall be done at least 10 days before the intended date of election, designation, re-designation or reassignment;

b) The individuals required to declare assets and income mentioned in Clause 4 Article 34 of this Law. Time of declaration shall comply with regulations of law on voting.

According to the above regulations in Vietnam, for civil servants newly appointed to hold a working position for the first time, they must complete a declaration of assets and income no later than 10 days from the date of reception, recruitment, and placement into the working position.

What is the time limit for additional declaration or re-declaration when civil servants declare incorrectly according to the form in Vietnam?

Article 38 of the Law on Anti-Corruption 2018 stipulates receipt, management and transfer of assets and income declarations as follows:

1. Employers and managers of individuals required to declare assets and income shall receive declaration forms.

2. Invalid or inadequate declaration forms shall be rejected. Another declaration must be submitted within 07 days from the rejection date, unless an acceptable explanation is provided.

3. Within 20 days from the day on which a declaration is submitted, the employer or manager shall verify it and send 01 copy to the asset management authority.

Thus, the time limit for additional declaration or re-declaration when public officials declare incorrectly according to the form is 07 days from the date of receipt of the request, unless there is a legitimate reason in Vietnam.

Best regards!