5 New Points on Asset Declaration for Officials in 2019

1. All officials must declare assets and income

The subjects required to declare assets and income have been expanded, no longer limited to some officials as stipulated in Clause 1, Article 44 Anti-Corruption Law 2005.

To be specific, Article 34 of the Anti-Corruption Law 2018 stipulates that from July 1, 2019, the following persons are obliged to declare assets and income:

- Officials;- Police officers; army officers, professional soldiers;- Persons holding positions from Deputy Head of Department and equivalent positions working at public service providers, state-owned enterprises, and representatives appointed to state capital in enterprises;- Candidates for National Assembly, candidates for People's Council.

2. Additional assets and income to be declared

As in the previous law, persons subject to declaration must declare types of assets such as houses, land; precious metals, precious stones, money, and valuable papers, where each asset has a value of 50 million VND or more, and assets and accounts abroad.

In addition, the new law requires these subjects to declare additional types of assets, such as construction works, other assets attached to land, houses, construction works, and total income between two declarations.

Illustrative image (Source: Internet)

3. New regulations on additional declarations

According to Clause 2, Article 36 of the Anti-Corruption Law 2018, additional declarations are made when the person obliged to declare has fluctuations in assets and income during the year of a value from 300,000,000 VND or more. The declaration must be completed before December 31 of the year when the assets and income fluctuated, except in cases of annual declarations as stipulated in Clause 3, Article 36.

4. Declaration period for assets and income before December 31

This content is stipulated in Article 36 of the Anti-Corruption Law 2018. Previously, the old law did not specifically stipulate the declaration period for assets and income, but the new law has addressed this and particularly regulates the declaration period for assets and income as follows:

- Initial declaration: Applies to officials; officers, professional soldiers; persons holding positions from Deputy Head of Department and equivalent positions. The declaration must be completed before December 31, 2019.- Additional declaration: Applies to persons obliged to declare assets and income with fluctuations during the year of a value from 300 million VND or more. The declaration must be completed before December 31 of the year in which the assets fluctuated.- Annual declaration: Applies to persons holding positions from Department Director and equivalent positions; persons working in personnel management and public asset management. The declaration must be completed before December 31.- Declaration for personnel work: Applies to officials; officers, professional soldiers; persons holding positions from Deputy Head of Department and equivalent positions when proposed for election, approval, appointment, re-appointment, or assignment to a different position. The declaration must be completed no later than 10 days before the proposed date for election, approval, appointment, or re-appointment. For candidates for the National Assembly and People's Council, the declaration period is in accordance with the election law.

5. False declaration may result in dismissal or removal

According to Clause 3, Article 51, officials who falsely declare assets and income, or falsely explain the origin of increased assets and income, depending on the severity, may be disciplined in forms such as warning, salary reduction, demotion, dismissal, or termination.

If included in the leadership and management position planning, they will be removed from the planning list; in cases of resignation or relief from duty, disciplinary actions may not be applied.

If candidates for the National Assembly or People's Council make a false declaration, they will be removed from the list of candidates.

If the candidate for appointment, re-appointment, approval, or assignment to a position makes a false declaration, they will not be appointed, approved, or assigned to the intended position.

Currently, there are no specific guidelines on asset declaration forms for officials according to the Anti-Corruption Law 2018; however, members can refer to the asset declaration form in Circular 08/2013/TT-TTCP via the following link: ASSET DECLARATION FORM (REFERENCE).

Thanh Lam

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