Declaration of assets and income means a clear, complete and accurate recording of types of assets, income, changes to assets and income to be declared, origin of assets, additional income.
Specifically, according to Article 33 of the Anti-corruption Law 2018 of Vietnam, officials, holders of positions of deputy managers and above in public service agencies, state-owned enterprises, appointed representatives of state capital in enterprises are individuals who are required to declare assets and income, changes to assets and income of themselves, their spouses and minor children.
Besides, according to Clause 2 Article 36 of the Anti-corruption Law 2018 of Vietnam, 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 annually as follows:
- Holders of positions of directors of provincial departments and above. Declaration must be done annually by December 31;
- 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;
Declaration form and instructions on the additional declaration of assets and income are specified in Appendix II of the Decree No. 130/2020/NĐ-CP of Vietnam’s Government.
DOWNLOAD: DECLARATION FORM AND INSTRUCTIONS ON THE ADDITIONAL DECLARATION OF ASSETS AND INCOME
If the declarant commits violations in the declaration of assets and income, he/she will be handled as follows:
- Persons who are required to declare assets and income who fail to make a truthful declaration of his/her assets and income or fail to provide truthful explanation for the increase in his/her assets and income shall, depending on the nature and seriousness of their violations, be handled according to the provisions of Article 51 of the Anti-corruption Law 2018 of Vietnam.
- Persons who are required to declare assets and income who disperse, conceal assets and income, obstruct the control of assets and income, fail to submit declarations after being urged in writing twice, depending on the nature and seriousness of their violations, shall be handled by one of the forms of warning, salary downgrade, demotion, dismissal, forced resignation, military rank reduction, or rank demotion.
Le Hai