Coming Soon, Court Clerks Will No Longer Have to Declare Assets and Income

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According to the provisions of this Draft, "Declaration of assets and income" is defined as the act of recording information about types of assets, income, changes in assets and income that must be declared, the origin of additional assets, and income as prescribed by the Law on Anti-Corruption and this Decree.

Specifically, Article 11 of the Draft stipulates that the following positions must annually declare their assets and income, including: Enforcement Officers; Investigators; Accountants; Forest Rangers; Prosecutors; Bank Examiners; Market Supervisors; Tax Inspectors; Auditors; Customs Inspectors; Party Inspectors; Inspectors; Judges.

Thus, in the future, if this Draft is approved, individuals working as Clerks in Court agencies will not be required to declare their assets and income. This is a noteworthy new regulation because, according to the current Decree 78/2013/ND-CP on transparency of assets and income, Clerks are among those required to declare their assets and income:

Article 7. Persons required to declare ... 8. Investigators, prosecutors, examiners, judges, court clerks, state auditors, inspectors, enforcement officers, state notaries.

Additionally, to ensure the strictness of the law, this Draft also specifies that if a person required to declare assets and income fails to honestly explain the origin of increased assets and income, he/she will be subject to disciplinary actions, ranging from reprimands to dismissal, depending on the nature and severity of the case.

Moreover, those who delay the submission of the asset and income declaration without legitimate reasons will also face disciplinary actions with the following penalties:

- Reprimand for a delay of more than 15 days to 30 days;- Warning for a delay of more than 30 days to 45 days;- Dismissal for a delay of more than 45 days.

Read more about the contents of the Draft Decree HERE.

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