Authority to Request Asset Verification According to Current Law

The amended Anti-Corruption Law of 2012 was promulgated on November 23, 2012. This law has amended and supplemented various provisions of the Anti-Corruption Law of 2005. Notably, it includes new provisions regarding the authority to request asset verification.

To be specific, according to Clause 20, Article 1 of the 2012 Anti-Corruption Law (revised) which adds Article 47a after Article 47 of the 2005 Anti-Corruption Law, the regulations on the authority to request asset verification are as follows:

When there are grounds specified in points a, b, and c of Clause 1, Article 47 of the 2005 Anti-Corruption Law, the following agencies, organizations, and individuals have the authority to request competent managing officials and public employees to issue a decision on asset verification:

- The Standing Committee of the National Assembly and the Standing Committee of the People's Council have the right to request asset verification for individuals expected to be elected or approved by the National Assembly or the People's Council;- The standing bodies of political organizations and socio-political organizations have the right to request asset verification for individuals expected to be elected at the congress of political organizations and socio-political organizations;- The Prime Minister of the Government of Vietnam and the Chairpersons of the People's Committees at provincial and district levels have the right to request asset verification for individuals expected to be elected by the People's Council;- Election Councils, Election Committees, or the Vietnam Fatherland Front Committees have the right to request asset verification for individuals running for the National Assembly or the People's Council;- The President has the right to request asset verification for individuals expected to be appointed as Deputy Prime Minister, Minister, Head of agencies of ministerial rank, Deputy Chief Justice of the Supreme People's Court, Justices of the Supreme People's Court, Deputy Director of the Supreme People's Procuracy, and Procurators of the Supreme People's Procuracy;- The Standing Committee of the National Assembly has the right to request asset verification for individuals expected to be appointed as Deputy State Auditor General.

Inspection agencies, the State Audit Office, investigation agencies, the Procuracy, and other competent agencies and organizations have the right to request asset verification if during the process of inspection, audit, investigation, or prosecution, a conclusion is made regarding the responsibility of individuals obligated to declare assets related to corrupt acts.

For more details on the revisions and additions, see: Anti-Corruption Law 2012 (revised) effective February 01, 2013, which revises and supplements several articles of the 2005 Anti-Corruption Law.

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