People who are obliged to make an annual declaration of assets and income in Vietnam

What are the people who are obliged to make an annual declaration of assets and income in Vietnam? - Kim Ly (Thanh Hoa)

People who are obliged to make an annual declaration of assets and income in Vietnam

People who are obliged to make an annual declaration of assets and income in Vietnam (Internet image) 

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

1. People who are obliged to make an annual declaration of assets and income in Vietnam

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

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

(2) Persons other than those mentioned in (1) 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;

* Following officer titles and ranks:

- Enforcement officers;

- Investigators;

- Accountants;

- Rangers;

- Procurators;

- Banking procurators;

- Market controllers;

- Auditors;

- Examiners of the Communist Party;

- Customs examiners;

- Tax examiners;

- Inspectors;

- Judges.

* People holding leadership and management positions from Deputy Head of Department and equivalent or higher working in the following fields:

- Evaluating personnel to submit to competent authorities for appointment, transfer, rotation, training and fostering of officials and civil servants.

- Organizing recruitment, civil servant rank promotion exams, and civil servant rank promotions.

- Evaluating documents to submit to competent authorities for approval on organizational structure and staffing.

- Appraisal of new establishment projects, reorganization of agencies, organizations, units and state-owned enterprises, non-governmental organizations, and professional associations.

- Evaluating dossiers requesting the establishment, merger, division, and adjustment of boundaries of administrative units at all levels.

- Evaluating documents to submit to competent authorities to decide on forms of emulation, reward, and discipline.

- Allocating targets and training budget.

- Managing tax payers.

- Tax collection, tax control, tax refund, tax finalization, management and issuance of prints.

- Inspection of import and export goods.

- Appraise, check and finalize funding according to the provisions of the State Budget Law.

- Granting licenses to operate banks and credit institutions

- Appraise and decide to grant credit at banks with capital controlled by the state.

- Handling debts and bad debts; debt buying and selling activities; Appraisal and valuation in auction.

- Allocation of money and goods belonging to the State Treasury and national reserves.

- Payment of social insurance and health insurance.

- Issuing licenses for foreign exchange operations, gold, silver and gemstone trading.

- Supervise banking activities.

- Issuing licenses related to import and export and commercial services.

- Licensing related to ensuring safety standards in production and business.

- Market management.

- Issuing licenses in the construction field.

- Appraisal of construction projects.

- Construction planning management.

- Managing and monitoring the quality of construction projects.

- Appraising and approving tasks and planning projects.

- Issuing capacity certificates to construction organizations, practice certificates to individuals engaged in construction activities, and operating licenses to foreign contractors.

- Technical inspection and management of traffic works.

- Registration of all types of vehicles.

- Testing and licensing for vehicle drivers.

- Issuing hygiene and food safety certificates.

- Issuance of medical and pharmaceutical practice certificates.

- Issuing licenses and certificates of establishments meeting standards for producing animal and poultry feed; Issue veterinary hygiene and food safety certificates.

- Issuing licenses to import modern medicines.

- Issuing licenses to import insecticides and disinfectants.

- Issuing cosmetic import certificates.

- Verifying product standards and quality.

- Management, supervision, and supply of drugs; medicinal materials, tools, medical equipment and supplies; Color products related to the protection of human health care and social benefits.

- Appraisal and valuation of modern drugs.

- Issuance of international travel business license.

- Issuing licenses to recognize tourist accommodation establishments.

- Issuing licenses to recognize national-level historical relics.

- Issuing licenses for archaeological exploration and excavation.

- Issuing licenses to bring relics and antiquities abroad.

- Licensing for professional art performances.

- Granting import-export licenses and dissemination of cultural publications.

- Appraisal of application for recognition of tourist accommodation establishment class.

- Appraising and licensing programs, performances, and plays of Vietnamese organizations and individuals to perform abroad and foreign organizations and individuals to perform in Vietnam.

- Appraising and submitting for approval projects to preserve, repair and restore national historical relics and special national relics according to the provisions of law.

- Submitting for approval or agreement on the construction of works in protection area II for national relics and special national relics.

- Granting operating licenses for postal, telecommunications, information technology, press and publishing.

- Licensing operations, granting and allocating resources in the field of information and communications.

- Managing advertising programs on radio, television, and the Internet.

- Allocating, appraising, and managing projects and schemes in the field of information and communications.

- Issuing certificates of land use rights and ownership of assets attached to land.

- Issuing licenses to survey, explore, exploit and process minerals.

- Issuing licenses to treat and transport hazardous waste.

- Issuing certificates of environmental standards.

- Issuing licenses for exploration, exploitation, use of water resources and discharge of wastewater into water sources.

- Handling documents for land allocation, land lease, land recovery, change of land use purpose, registration of land use rights, ownership and use of assets attached to land.

- Land quota allocation; Compensation levels and support in site clearance.

- Handling environmental administrative violations.

- Appraisal, planning, control, supervision, coordination, compensation, and site clearance.

- Management of animals listed as rare and precious.

- Quarantine of animals and animal products.

- Management of veterinary drugs and plant protection drugs.

- Monitor, manage and protect aquatic resources, manage quality, safety, hygiene, veterinary medicine and aquaculture.

- Appraisal and issuance of investment certificates.

- Project evaluation.

- Bidding.

- Prepare, allocate and manage capital plans.

- Planning management.

- Management of industrial parks - export processing zones.

- Enterprise management and business registration.

- ODA management.

- Receiving and processing consular documents, issue visas, and manage entry and exit.

- Receiving and handling marriage registration and child adoption involving foreign elements; registration of security transactions.

- Receiving and handling civil status correction; Judicial Records.

- Issuing licenses to operate services to send Vietnamese workers to work abroad under contracts.

- Granting licenses to establish vocational colleges and vocational secondary schools; issue vocational training registration certificates to vocational training establishments; allocate targets and funding for vocational training.

-Implement policies for people with meritorious services; Social Protection.

- Cooperation and exchange of science and technology with foreign elements.

- Appraisal of dossiers for issuance, adjustment, revocation, and extension of licenses, certificates, and registrations in state management of science and technology.

- Technology appraisal and inspection for investment projects.

- Appraisal and consulting on issuance of intellectual property certificates.

- Allocating and appraising scientific research topics in the field of science and technology.

- Enrollment in public schools.

- Allocation of university and postgraduate training targets and overseas training targets.

- Evaluating and approve training and fostering programs of schools in the national education system.

- Evaluating textbooks, teaching aids, and other technical supplies for teaching and research.

- Evaluating documents to establish schools in the national education system.

- Managing projects and schemes in the field of education and training.

- Vocational training and job introduction.

- Management of scientific research projects.

- Border gate control.

- Patrolling, inspecting, controlling and handling traffic safety on roads, waterways and railways.

- Registration and issuance of license plates for all types of road vehicles; patrol, inspect, control and handle traffic safety on roads, waterways and railways.

- Verification and approval of fire prevention and fighting designs, fire safety inspection.

- Supervision and warden at prisons, detention camps and compulsory educational establishments.

- Register and manage conditional business lines.

- Treasurer, accountant.

- Persons assigned to perform specialized inspection functions in the fields of environmental resources, construction, and finance.

- Policy assistant of the district military command.

- Military assistant, Officer assistant at Regiment level or higher.

- Assistant for student management, enrollment, policies, and insurance of schools.

* Representative of state capital at the enterprise.

2. Declaration form and asset, income declaration in Vietnam

Pursuant to Article 9 of Decree 130/2020/ND-CP stipulating the declaration form and implementation of asset and income declaration as follows:

- First-time declaration, annual declaration and declaration for officer affairs shall conform to declaration form and declaration guidelines under Annex I attached to Decree 130/2020/ND-CP.

Annex I

- Additional declaration shall conform to declaration form and declaration guidelines under Annex II attached to Decree 130/2020/ND-CP.

Annex II

Ho Quoc Tuan

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