Authority to request or propose inspection of assets and income in Vietnam

Authority to request or propose inspection of assets and income in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows:

1. Basis for verification of assets and income in Vietnam

According to the provisions of Clause 1 of Article 41 of the Law on Anti-Corruption 2018, 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 2018;

- 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 2018.

2. Authority to request or propose inspection of assets and income in Vietnam

Pursuant to Article 42 of the Law on Anti-Corruption 2018, regulations on the authority to request or propose inspection of assets and income are as follows:

- In any of the situations mentioned in Point a, b and c Clause 1 Article 41 of the Law on Anti-Corruption 2018, or additional information is necessary for personnel management, the following organizations and persons are entitled to request the asset surveillance authority to issue a decision on assets and income inspection:

+ Standing Committee of the National Assembly is entitled to request inspection of assets and income of the persons who are expected to be elected, approved or designated by the National Assembly or Standing Committee of the National Assembly as Deputy State Auditor General;

+ The President is entitled to request inspection of assets and income of the persons who are expected to be designated as Deputy Prime Minister, Head of a ministerial agency, Deputy Executive Judge of the People’s Supreme Court, Judge of the People’s Supreme Court, Deputy Director of the People’s Supreme Procuracy or Procurator of the People’s Supreme Procuracy;

+ The Prime Minister is entitled to request inspection of assets and income of the persons who are expected to be designated as Deputy Ministers or holders of equivalent positions of Ministries, ministerial agencies, the head and deputies of the heads of Governmental agencies; the persons who are expected to be elected or designated as President or Deputy President of the People’s Committees of provinces;

+ The Executive Judge of the People’s Supreme Court is entitled to request inspection of assets and income of the persons who are expected to be designated as executive judge or deputy executive judge of People’s Courts; The Director of the People’s Supreme Procuracy is entitled to request inspection of assets and income of the persons who are expected to be designated as directors and deputy directors of the People’s Procuracies, except for the cases mentioned in Point b of this Clause;

+ Standing Committee of the People’s Council is entitled to request inspection of assets and income of the persons who are expected to be elected or approved by the People’s Council or Standing Committee of the People’s Council;

+ President of the People’s Committees of provinces and Presidents of the People’s Committees of districts are entitled to request inspection of assets and income of the persons who are expected to be elected or designated as Presidents and Vice-Presidents of the People’s Committees of inferior levels;

+ National Election Council, election committees or committees of Vietnamese Fatherland Front are entitled to request inspection of assets and income of candidates for delegates of the National Assembly or the People’s Council;

+ Standing agencies of political organizations and socio-political organizations are entitled to request inspection of assets and income of the persons who are expected to be elected during their general assemblies;

+ The head of the organization or supervisor of the individuals required to declare assets and income is entitled to request inspection of their assets and income, except for the cases specified in Points a, b, c, d, đ, e, g and h of Clause 1 of Article 42 of the Law on Anti-Corruption 2018.

- Inspection agencies, state audit agencies, investigation agencies, the People’s Procuracies, People’s Courts, other competent organizations are entitled to request asset surveillance authority to carry out assets and income if such an inspection is deemed necessary for during the process of inspection, audit, investigation, prosecution, trial or judgment execution.

3. Procedures for inspection of assets and income in Vietnam

The procedure for verifying assets and income is carried out according to the following steps:

- Make a decision to verify assets and income and establish an asset and income verification team.

- Request the verified person to explain his or her assets and income.

- Conduct verification of assets and income.

- Report on results of asset and income verification.

- Conclusion of verification of assets and income.

- Send and publicize the Asset and Income Verification Conclusion.

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

To Quoc Trinh

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