Supreme People's Court's plan to verify assets and income in Vietnam 2023

Regarding this issue, LawNet answers as follows:

On February 24, 2023, the Supreme People's Court issued Decision 38/QD-TANDTC on the plan to verify assets and income in 2023, specifically:

1. Asset and income verification requirements

- The Income and Assets Control Authority of the Supreme People's Court (Inspection Board) verifies assets and income in accordance with the procedures and order specified in the Anti-corruption Law 2018 and Decree 130/2020/ND-CP.

- The verification of assets and income is carried out promptly, openly, objectively, and honestly.

- All violations in the control of assets and income by agencies, organizations, and individuals must be dealt with strictly and promptly in accordance with the law.

Supreme People's Court's plan to verify assets and income in Vietnam 2023 (Internet image)

2. Content of asset and income verification

Verify the truthfulness, completeness, and clarity of the declaration of assets and income (hereinafter referred to as the declaration) of the person obliged to make it.

3. Objects subject to asset and income verification in Vietnam

3.1. Verified agencies and units in 2023

Pursuant to the Anti-corruption Law 2018 and Clause 2, Article 15 of Decree 130/2020/ND-CP, in 2022, the Income and Assets Control Agency of the Supreme People's Court will conduct asset verification and income verification of the person who is obligated to declare at 03 agencies and units in the People's Court, specifically as follows:

- Two-level People's Court of Tay Ninh province

- Two-level People's Court of Hoa Binh province

- Two-level People's Court of Phu Yen province

3.2. Individuals subject to assets, income verification

- Persons obliged to declare assets and income as prescribed in Article 10 of Decree 130/2020/ND-CP.

- At each agency or unit to be verified, select at least 10% of the people who are obliged to declare assets and annual income. The number of people who are obliged to declare their assets and annual income at the Court agencies and units subject to verification is specified in the appendix attached to this plan.

- Total number of people verified: 32 people.

4. Criteria, form of selection of people to have assets and income verified in Vietnam

4.1. Criteria for selecting people whose assets and income are verified

The person selected to verify assets and income meets the following criteria:

- Being required to declare one's assets and income;

- The assets and income have not been verified for four years in a row, beginning December 31, 2021, or earlier.

Do not choose to verify the assets and income of the following people:

- Persons being investigated, prosecuted, or tried;

- The individual is being treated for a serious illness that has been certified by a competent health authority;

- People who are studying or working abroad for 12 months or more.

4.2. Selection form

- The person to be verified at each agency or unit is randomly selected by lottery.

- When selecting the person to be verified, the Asset and Income Control Agency invites a representative of the Party Committee's Inspection Committee at the same level to attend and witness.

- The selection of verified individuals must be documented in writing.

5. Order of property and income verification in Vietnam

- The Chief Justice of the Supreme People's Court promulgates the Decision on verification and establishment of the Asset and Income Verification Team according to Article 45 of the Anti-corruption Law 2018.

- The organization and operation of the Asset and Income Verification Team comply with the provisions of Article 46 of the Anti-corruption Law 2018.

- The asset and income verification team conducts the verification of assets and income for those who have been selected for verification.

- At the conclusion of the verification at each unit, the head of the asset and income verification team shall report the results, draft the verification conclusion, and submit it for promulgation to the Chief Justice of the Supreme People's Court.

- The publicity of the results of the verification of assets and income is done in the same way as the disclosure of the declaration of assets and income specified in Article 39 of the Anti-corruption Law 2018.

More details can be found in Vietnam's Decision 38/QD-TANDTC, effective from the date of signing.

Decision 38/QĐ-TANDTC

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