Bases for verification of income assets of cadres and civil servants in Vietnam

Bases for verification of income assets of cadres and civil servants in Vietnam (Internet image) 

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

1. Bases for inspection of assets and income of cadres and civil servants

Specifically, according to Clause 1, 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;

- 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. Criteria for selecting inspected cadres and civil servants according to plan in Vietnam

According to Article 16 of Decree 130/2020/ND-CP, selection of persons obliged to make declaration verified according to annual plans must be based on following criteria:

- Persons obliged to make declaration must declare assets, income annually.

- Persons obliged to make obligations have not been verified regarding assets, income for the last 4 years.

- Persons obliged to make declarations do not fall under any of following cases:

+ Persons who are being investigated, prosecuted or trialed;

+ Persons who are receiving treatment for severe diseases confirmed by competent medical agencies;

+ Persons who are studying or working abroad for at least 12 months.

3. Procedures for inspection of assets and income of cadres and civil servants

Pursuant to Article 44 of the Law on Anti-corruption 2018, procedures for inspection of assets and income of cadres and civil servants are as follows:

-  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.

4. Decision on inspection of assets and income of cadres and civil servants in Vietnam

According to Article 45 of the Law on Anti-corruption 2018 stipulating the decision on inspection of assets and income of cadres and civil servants in Vietnam as follows:

- The head of the asset surveillance authority shall issue the decision on inspection of assets and income within 05 working days from the occurrence of any of the situations specified in Point d Clause 1 Article 41 of the Law on Anti-corruption 2018 or 15 days from the occurrence of the situations specified in Point a, b, c and d Clause 1 Article 41 of the Law on Anti-corruption 2018.

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

+ The basis for issuance of the decision;

+ Full name, position and workplace of the person undergoing inspection of assets and income (the declarant);

+ Full names, positions and workplaces of the chief and members of the inspectorate;

+ Inspection content;

+ Inspection duration;

+ Duties and entitlements of the chief and members of the inspectorate;

+ Cooperating entities (if any).

- The decision on inspection of assets and income shall be sent to the chief and members of the inspectorate, the declarant, relevant organizations and individuals within 03 working days from the day on which it is issued.

5. Rights and obligations of the declarant in Vietnam

Rights and obligations of the declarant are specified in Article 47 of the Law on Anti-corruption 2018 including:

- 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.

Ho Quoc Tuan

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