Is it possible to be appointed to a position without clearly explaining the origin of the assets?

Can one be appointed to a position without clarifying the origin of assets? How many days is the Conclusion on verification of assets and income of the officeholder disclosed?

Greetings Editorial Board,Our agency is in the process of appointing several new positions. The higher authorities require the declaration and clarification of asset and income origins. In case these origins are not clearly explained, is it still possible to be appointed to a position? Kindly seek advice from the Editorial Board.Thank you.

Will assets of unclear origin permit appointment to a position?

Based on Article 51 of the Anti-Corruption Law 2018, regulations on handling the act of untruthful property and income declaration and the untruthful explanation of the origin of increased property and income are as follows:

  1. Candidates for National Assembly deputies, candidates for People's Council deputies who untruthfully declare assets and income, or untruthfully explain the origin of increased property and income, shall be removed from the list of candidates.

2. Individuals proposed for appointment, re-appointment, ratification, or designation to a position who untruthfully declare assets and income, or untruthfully explain the origin of increased property and income, shall not be appointed, re-appointed, ratified, or designated to the proposed position.

  1. Persons obligated to declare, who do not fall under the provisions of Clauses 1 and 2 of this Article, and who untruthfully declare assets and income or untruthfully explain the origin of increased property and income, shall, depending on the nature and severity of the violation, be subject to disciplinary action in one of the following forms: warning, salary step reduction, demotion, dismissal, mandatory resignation, or exclusion; if nominated for leadership and management positions, they shall be removed from the nomination list; if they seek to resign from tasks, resign, or be relieved of duties, they may not face discipline.

  2. Disciplinary decisions shall be publicly announced at the agency, organization, or unit where the disciplined person works.

Therefore, in the case of individuals proposed for appointment to a position who untruthfully declare assets and income, or provide unclear explanations of the origin of assets, and act untruthfully, they shall not be appointed to the proposed position.

How many days is the conclusion verifying the property and income of officeholders made public?

According to Article 50 of the Anti-Corruption Law 2018, the public disclosure of the conclusion verifying property and income is stipulated as follows:

1. Within 5 working days from the date of issuance of the conclusion verifying property and income, the person who issued the decision to verify property and income is responsible for disclosing the verification conclusion.

  1. The public disclosure of the conclusion verifying property and income shall be carried out in the same manner as the public disclosure of the declaration stipulated in Article 39 of this Law.

The public disclosure of the conclusion verifying property and income shall be carried out within 5 working days from the date of issuance of the conclusion verifying the property and income.

Kind regards!

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