Vietnam: Party members must quickly complete the asset declaration before December 31, 2020

DOWNLOAD: Forms for declaration of assets and annual income

1. Party members are required to declare their assets and annual income

Specifically, according to Article 10 of the Decree No. 130/2020/NĐ-CP of Vietnam’s Government on controlling asset and income of persons holding titles and powers in agencies, organizations and entities, persons in charge of official management, management of public funds, public property or public investment, or have influence over the operation of other entities shall have the obligation to declare assets and income, including:

- Persons obliged to make declarations as stated in Point b Clause 3 Article 36 of Law on Anti-corruption, including:

+ Following officer titles and ranks: Enforcement officers; Investigators; Accountants; Rangers; Procurators; Banking procurators; Market controllers; Auditors; Examiners of the Communist Party; Customs examiners; Tax examiners; Inspectors; Judges;

+ Persons holding managerial positions from deputies and equivalent to higher positions operating in fields defined by law;

+ Representatives of state capital in enterprises.

Thus, officials and public employees who are Party members of the above subjects are required to declare their assets and annual income.

2. December 31, 2020 is the deadline for Party members to complete the declaration of assets and annual income

According to Clause 3 Article 36 of the Anti-corruption Law 2018 of Vietnam, annual declaration shall be made by:

- 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.

Thus, before December 31, 2020, all Party members who are required to declare their assets and annual income must complete their declaration.

3. Sanctions for Party members violating regulations on declaration of assets and income

* Untruthful declaration of assets and income

According to Article 51 of the Anti-corruption Law 2018 of Vietnam, actions against untruthful declaration of assets and income, untruthful explanation for origins of increase in assets and income are specified as follows:

- A Party member for the position of delegate of the National Assembly or the People’s Council that fails to make a truthful declaration of his/her assets and income or fails to provide truthful explanation for the increase in his/her assets and income shall be removed from the list of candidates.

- A Party member who is expected to be designated, re-designated or nominated for a position but fails to make a truthful declaration of his/her assets and income or fails to provide truthful explanation for the increase in his/her assets and income shall no longer be designated, re-designated or nominated.

- A Party member required to declare assets and income other than those mentioned above who fails to make a truthful declaration of his/her assets and income or fails to provide truthful explanation for the increase in his/her assets and income shall face one of the following disciplinary actions:

+ Warning;

+ Demotion, dismissal;

+ Such a person who is expected to hold a managerial position will be rejected; 

Note: Disciplinary actions may be exempted if the violator voluntarily resigns from the position.

* Disperse or conceal assets, income

According to Clause 2 Article 20 of the Decree No. 130/2020/NĐ-CP of Vietnam’s Government, Party members obliged to make declarations who disperse or conceal assets, income or obstruct financial, income control or refuse to submit declarations after being expedited twice in writing shall be met with

- Warnings;

- Reduced pay rate, demotion, dismissal;

- Discharge after being expedited twice in writing depending on severity and nature of the violations.

Le Vy

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