Form of asset and income declaration for officials in Vietnam and how to fill it out

Form of asset and income declaration for officials in Vietnam and how to fill it out (Image from the Internet)

Regarding this matter, LawNet answers as follows:

1. Form for asset and income declaration in Vietnam according to Decree 130

The asset and income declaration template for officials is stipulated in Decree 130/2020/ND-CP:

	Asset and Income Declaration Form

2. Instructions on how to fill out the asset and income declaration in Vietnam

2.1. General notes when declaring assets and income

(1) The individual obliged to declare assets and income must clearly state the method of declaration as stipulated in Article 36 of the Anti-Corruption Law (initial declaration or annual declaration, declaration for personnel purposes).

For the initial declaration, do not declare Section III "Changes in assets, income; explanation of the origin of additional assets, income", do not arbitrarily change the names, order of contents in this template.

The declarant must sign each page and sign, clearly state their full name on the last page of the declaration. The declarant must prepare 2 copies of the declaration to submit to their managing agency, organization, unit (1 copy for the Asset and Income Control Agency, 1 copy for the management activities of the agency, organization, unit and for publicizing the declaration).

The person from the agency, organization, unit managing the declarant, upon receiving the declaration, must check the completeness of the declared contents. Then sign and clearly state their full name, date of receipt of the declaration.

(2) Record the date the declaration was completed.

2.2. General information of the citizen

(3) Record the citizen's identification number. If not yet issued, record the identification card number (civilian/military/police) and clearly state the date and place of issue.

(4) If the spouse of the declarant regularly works in an agency, organization, or enterprise, clearly state the name of that agency/organization/enterprise; if self-employed, retired, or a housekeeper, clearly state it.

2.3. Descriptive information about assets when declaring

(5) The assets to be declared are the existing assets under the ownership, right to use of the declarant, their spouse, and minor children (if any), as prescribed by law.

(6) The actual right to use the land means that the declarant has the actual right to use the parcel, including land that has been issued or not yet issued a land use right certificate.

(7) Residential land is land used for residential purposes as prescribed by land law. If a parcel is used for multiple purposes, including residential land, it should be declared under residential land.

(8) Specify the house number (if any), lane, alley, neighborhood, hamlet, village; commune, ward, commune-level town; district, county, district-level town, provincial city or city under central authority.

(9) Record the land area (m²) according to the land use right certificate or the actual measurement area (if no land use right certificate is available).

(10) Value is the original cost calculated in Vietnamese Dong, specifically: If the asset was acquired through purchase or transfer, record the actual amount paid when purchasing or transferring plus other taxes and fees (if any); if the asset was acquired through self-construction, fabrication, or renovation, record the total cost paid to complete the construction, fabrication, or renovation plus any fees (if any) at the time the asset was formed;

If the asset was obtained through a gift, donation, or inheritance, record according to the market price at the time the asset was gifted, donated, or inherited plus other taxes and fees (if any) and mention "estimated value"; if the value of the asset cannot be estimated due to reasons such as the asset being used for a very long time or no transaction for a similar asset, record "value cannot be determined" and state reasons.

(11) If the parcel has been issued a land use right certificate, record the number of the land use right certificate and the name of the holder or the representative (if it is a joint land use right certificate of multiple holders); if the parcel has not been issued a land use right certificate, record "not yet issued a land use right certificate".

(12) Specify the actual management and use situation (e.g., the declarant registered the right to use, right to own but actually belongs to another person); the status of transfer, registration and current usage such as renting, lending...

(13) Declare the types of land intended for use other than residential land as prescribed by the Land Law.

(14) Record "apartment" if it is an apartment in a collective or apartment building; record "detached house" if it is a house built on a separate parcel.

(15) Record the total construction floor area (m²) of all floors of a detached house, villa including basements, semi-basements, technical floors, attics, and rooftop floors. If it is an apartment, the area is recorded according to the ownership certificate or purchase/lease contract with the state.

(16) Other construction works are construction works other than residential houses.

(17) Declare assets attached to land with an estimated total value per type of 50 million VND or more.

(18) Perennial crops are crops planted once, grow, and yield for many years including perennial industrial plants, perennial fruit plants, timber plants, decorative and shade trees. Plants that are part of a production forest are not recorded in this section.

(19) Production forests are planted forests.

(20) Record types of gold, diamonds, platinum, and other precious metals, gemstones with a total value from 50 million VND or more.

(21) Money (Vietnamese currency, foreign currency) includes cash, money lent, prepaid money, personal deposits, domestic and foreign organization deposits in Vietnam with a total conversion value from 50 million VND or more. If foreign currency, record the quantity and amount converted to Vietnamese Dong.

(22) Record each form of capital contribution in business investment, both direct and indirect.

(23) Other valuable papers like fund certificates, promissory notes, checks...

(24) Automobiles, motorcycles, motorbikes, machines (bulldozers, excavators, other types of machines), ships, planes, boats, and other movable properties that must be registered and issued registration certificates under regulations with a value of 50 million VND or more per type.

(25) Other assets such as ornamental plants, furniture, paintings, and other assets with a conversion value of 50 million VND or more per type.

(26) Declare overseas assets, declaring all types of assets outside the territory of Vietnam, similarly to items 1 to 7 of Part II and state clearly which country the assets are in.

(27) Declare accounts opened at banks abroad; other accounts opened abroad that are not bank accounts but can perform transactions with money, assets (e.g., accounts opened at foreign securities companies, overseas gold exchanges, overseas e-wallets...).

(28) Declare separately the total income of the declarant, spouse, and minor children. If there are joint incomes that cannot be separated, record the total joint income in the section of joint incomes; if there are incomes in foreign currency, other assets, convert them to Vietnamese Dong (including salary, allowances, subsidies, bonuses, remunerations, gifts, donations, inheritances, income from asset sales, income from investments, inventions, patents, other incomes). The first declaration does not require declaring the total income between the two declarations. For the second and subsequent declarations, the period is determined from the adjacent previous declaration date to the day before the current declaration date.

2.4. Changes in assets, income; explanation of the origin of additional assets, income

(29) Declare assets increased or decreased at the time of declaration compared to previously declared assets and explain the origin of increased assets, the formation of income during the period applicable from the second declaration onward. If there are no increases or decreases in assets, state clearly as "No changes" immediately after the name of Section III.

(30) If assets increase, record a plus sign (+) and the quantity of increased assets in the “asset quantity” column, record the value of increased assets in the “asset, income value” column and explain the reason for the increase in the “explanation of the origin of increased assets and total income” column.

(31) If assets decrease, record a minus sign (-) in the “asset quantity” column, record the value of decreased assets in the “asset, income value” column and explain the reason for the decrease in the “explanation of the origin of increased assets and total income” column.

(32) Record the total income between the two declarations in the “asset, income value” column and clearly state each source of income earned during the declaration period.

Example: From December 16, 2019, to December 15, 2020, Mr. A sold a 100 m² parcel at address B, the value of the parcel at purchase was 500 million VND, he earned 4 billion VND; Mr. A used the money from selling the parcel to buy a 100 m² apartment in C apartment building, purchase price 3.5 billion VND, and bought a Toyota car for 1 billion VND, registered with license plate 18E-033.55. Income from salary and family allowances is 600 million VND, income from investments is 1 billion VND, after expenses Mr. A saved 500 million VND in D bank.

Mr. A will record as follows:

Nguyen Nhu Mai

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