Vietnam: 16 persons obliged to make annual asset and income declarations from December 20

Vietnam: 16 persons obliged to make annual asset and income declarations from December 20 (Illustration)

According to the provisions of Clause 3, Article 36 of the Anti-Corruption Law 2018, annual asset and income declaration in Vietnam shall be made by:

- Holders of positions of directors of provincial departments and above. The declaration must be done annually by December 31;

- Persons other than those mentioned above 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. The declaration must be made annually by December 31;

For guidance on annual asset and income declarations in Vietnam, Article 10 of Decree 130/2020/ND-CP stipulates the persons obliged to make annual asset and income declarations in Vietnam as follows:

1. Enforcement officers; (previously regulated at Clause 8, Article 7 of Decree 78/2013/ND-CP)

2. Investigators; (previously regulated at Clause 8, Article 7 of Decree 78/2013/ND-CP)

3. Accountants;

4. Forest rangers;

5. Procurators; (previously regulated at Clause 8, Article 7 of Decree 78/2013/ND-CP)

6. Bank controllers;

7. Market controllers;

8. Auditors; (previously regulated at Clause 8, Article 7 of Decree 78/2013/ND-CP)

9. Examiners of the Communist Party of Vietnam;

10. Customs examiners;

11. Tax examiners;

12. Inspectors; (previously regulated at Clause 8, Article 7 of Decree 78/2013/ND-CP)

13. Judges; (previously regulated at Clause 8, Article 7 of Decree 78/2013/ND-CP)

14. Persons holding managerial positions from deputies and equivalent to higher positions operating in fields defined under Annex III issued with Decree 130/2020/ND-CP;

15. Representatives of state capital in enterprises;

16. Persons holding positions from Director of a department and equivalent upwards.

Compared to Decree 78/2013/ND-CP, Decree 130/2020/ND-CP has added several persons obliged to make annual asset and income declarations, including auditors, forest rangers; bank controllers; market controllers; examiners of the Communist Party of Vietnam; customs examiners; tax examiners.

The above list includes the 16 persons obliged to make annual asset and income declarations from December 20, 2020 (the effective date of Decree 130/2020/ND-CP). In case these persons fail to honestly declare assets and income annually or fail to provide a truthful explanation for the increase in their assets and income, they will be handled depending on the nature and extent as follows:

- Any candidate for the position of delegate of the National Assembly or the People’s Council who fails to make a truthful declaration of his/her assets and income or fails to provide a truthful explanation for the increase in his/her assets and income shall be removed from the list of candidates;

- Any person 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 a truthful explanation for the increase in his/her assets and income shall no longer be designated, re-designated or nominated;

- An individual required to declare assets and income other than those mentioned in the above two cases who fails to make a truthful declaration of his/her assets and income or fails to provide a truthful explanation for the increase in his/her assets and income shall face one of the disciplinary actions including warning, demotion, dismissal; such a person who is expected to hold a managerial position will be rejected; disciplinary actions may be exempted if the violator voluntarily resigns from the position.

Ty Na

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