Basis and procedures for verification of assets and income regarding anti-corruption in Vietnam

Basis and procedures for verification of assets and income regarding anti-corruption in Vietnam

1. Basis for verification of assets and income in Vietnam

A person’s assets and income shall be inspected in any of the following situations:

- There is a clear sign of untruthful declaration of assets and income;

- There is an increase of at least VND 300.000.000 in the property or income compared to the previous declaration and the declarant fails to provide a reasonable explanation for such increase;

- There is a information about untruthful declaration of assets and income as prescribed by the Law on Denunciation;

- Inspection of assets and income of a randomly selected individual under the annual inspection plan;

- The inspection is requested or proposed by a competent authority specified in Article 42 of the Law on Anti-Corruption in 2018

(Article 41 of the Law on Anti-Corruption in 2018)

2. Contents of verification of assets and income in Vietnam

Contents of verification of assets and income in Vietnam include: 

- Truthfulness, adequacy and straightforwardness of the declaration.

- Truthfulness of the declared origins of additional assets and income.

3. Procedures for verification of assets and income in Vietnam

Procedures for verification of assets and income in Vietnam include the following steps:

- Issue the decision on inspection of assets and income and establish an inspectorate.

- Request the declarant to provide explanation for his/her assets and income.

-Carry out the inspection.

- Prepare and submit an inspection report.

- Give a conclusion.

- Send and publish the conclusion.

(Article 44 of the Law on Anti-Corruption in 2018)

4. Rights and obligations of the declarant in Vietnam

Rights and obligations of the declarant shall have these following rights and obligations: 

- Explain the truthfulness and adequacy of the declaration, and origins of the increase in assets and income.

- Provide information about assets and income at the request of the inspectorate and take responsibility for the accuracy of the information provided.

- Comply with requests of the inspectorate and competent organizations during the inspection process.

- Comply with decisions of the inspecting entities.

- Appeal against decisions or actions of the inspecting entities if there are reasonable ground for considering that such decisions or actions are illegal or infringing upon the declarant’s lawful rights and interests.

- Denounce illegal actions committed by the inspecting entities during the inspection.

- Have honor, lawful rights and interests restored; receive compensation for illegal actions committed by the inspector.

(Article 47 of the Law on Anti-Corruption in 2018)

5. Reporting on results of verification of assets and income in Vietnam

- Within 45 days from the issuance date of the decision on inspection, the chief of the inspectorate shall submit a report on inspection of assets and income to the issuer; for complicated cases, the report shall be submitted within 90 days.

- A report on assets and income inspection shall contain the following information:

+ The inspection contents and results;

+ Evaluation of the truthfulness and adequacy of the declaration; truthfulness of the explanation for origins of the increase in assets and income;

+ Proposed penalties for violations against regulations of law on asset and income surveillance.

(Article 48 of the Law on Anti-Corruption in 2018)

6. Conclusion of results of verification of assets and income in Vietnam

- Within 10 days from the issuance date of the report on inspection of assets and income, the issuer of the decision on inspection shall issue a conclusion; for complicated cases, the conclusion shall be issued within 20 days.

- A conclusion shall contain the following information:

+ The truthfulness and adequacy of the declaration;

+ Truthfulness of the origins explanation for origins of the increase in assets and income;

+ Proposed penalties for violations against regulations of law on asset and income surveillance.

- The issuer of the conclusion is responsible for the objectivity and truthfulness of the conclusion.

- The conclusion shall be sent to the declarant, the organization or individual that requested the inspection mentioned in Article 42 of the Law on Anti-Corruption in 2018.

- The declarant is entitled to appeal against the conclusion in accordance with regulations of law on.

(Article 49 of the Law on Anti-Corruption in 2018)

7. Publishing of the conclusion 

- Within 05 working days from the issuance date of the conclusion, the issuer of the decision on inspection of assets and income shall publish the conclusion.

- The conclusion shall be published in the same manner as the declaration as prescribed in Article 39 of this Law.

(Article 50 of the Law on Anti-Corruption in 2018)

Diem My

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