Method and time for declaration of assets and income in Vietnam

Method and time for declaration of assets and income in Vietnam (Internet image)

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

1. Method and time for declaration of assets and income in Vietnam

Method and time for declaration of assets and income in Vietnam according to Article 36 of the Anti-corruption Law 2018 is as follows:

- First declaration shall be made by:

+ Holders of the positions mentioned in Clause 1, 2, 3 Article 34 of the Anti-corruption Law 2018 while this Law is affective. Declaration must be done by December 31, 2019;

+ Persons holding the positions mentioned in Clause 1, 2, 3 Article 34 of the Anti-corruption Law 2018 for the first time. Declaration shall be done within 10 days from the date of designation or employment.

- Additional declaration shall be done when there is a change of at least VND 300.000.000 to his/her assets and income in the year. Declaration shall be done by December 31 of the year in which the change occurs, unless such change has been declared in accordance with Clause 3 of Article 36 of the Anti-corruption Law 2018.

- Annual declaration shall be made by:

+ Holders of positions of directors of provincial departments and above. Declaration must be done annually by December 31;

+ Persons other than those mentioned in Point a of this Clause 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. Declaration must be done annually by December 31;

- Declaration serving official management Firs declaration shall be made by:

+ The individuals required to declare assets and income specified in Clause 1, 2, 3 Article 34 of the Anti-corruption Law 2018 before they are elected, designated, re-designated or re-assigned. Declaration shall be done at least 10 days before the intended date of election, designation, re-designation or reassignment;

+ The individuals required to declare assets and income mentioned in Clause 4 Article 34 of the Anti-corruption Law 2018. Time of declaration shall comply with regulations of law on voting.

2. Basis for verification of assets and income in Vietnam

Basis for verification of assets and income according to Article 41 of the Anti-corruption Law 2018 is as follows:

- 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 Anti-corruption Law 2018.

- The Government shall specify the criteria for selection of individuals whose assets and income are inspected; development and approval of the annual assets and income inspection plan specified in Point d Clause 1 of Article 41 of the Anti-corruption Law 2018.

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

Authority to request or propose inspection of assets and income in Vietnam according to Article 42 of the Anti-corruption Law 2018 is as follows:

- In any of the situations mentioned in Point a, b and c Clause 1 Article 41 of the Anti-corruption Law 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 Clause 1 of Article 42 of the Anti-corruption Law 2018;

+ 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 Anti-corruption Law 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.

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