Nghị định 78/2013/ND-CP

Decree No. 78/2013/NĐ-CP of July 17, 2013, on transparency of assets and income

Nội dung toàn văn Decree No. 78/2013/NĐ-CP on transparency of assets and income


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 78/2013/NĐ-CP

Hanoi, July 17, 2013

 

DECREE

ON TRANSPARENCY OF ASSETS AND INCOME

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to Anti-corruption Law No. 55/2005/QH11, some Articles of which are amended in the Law No. 01/2007/QH12 and the Law No. 27/2012/QH13;

At the request of the Inspector-General;

The Government issues a Decree on transparency of assets and income,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree elaborates and provides guidance on the regulations on transparency of assets and income in Section 4 Chapter II of Anti-corruption Law, including declaration of assets and income, disclosure of declarations, explanation for origins of additional assets, verification of assets and income, penalizing violations against the regulations on transparency of assets and income; responsibilities of agencies, organizations, units, and individuals for the implementation.

Article 2. Subjects of application

The persons obliged to make declarations of assets and income ((hereinafter referred to as persons obliged to make declarations) are specified in Article 7 of this Decree; the agencies, organizations, units, and individuals involved in the declaration, disclosure, explanation, and verification of assets and income, and imposition of penalties for violations against the regulations on transparency of assets and income.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. “Declaration of assets and income" means clearly, sufficiently, and accurately specify the assets and incomes, variation in assets, and the origins of additional assets according to the Income and asset declaration form enclosed herewith.

2. “Disclosure of Income and asset declarations” means the disclosure of information in the Income and asset declarations (hereinafter referred to as declarations) in the manners specified in this Decree.

3. “Explanation for origins of additional assets” means a person obliged to make declarations explaining or proving the genesis of additional assets and income in comparison with the previous declaration.

4. “Verification of assets and income” means examination, assessment, and conclusion provided by a competent agency or person pertaining to the authenticity and accuracy to the income and asset declaration in accordance with the procedure in Anti-corruption Law and this Decree.

Article 4. Purposes and principles of income and asset declaration

1. Income and asset declarations are made for competent agencies to have knowledge of the assets and income of persons obliged to make declarations in order to make their assets and income transparent and serve the management of officials and civil servants, and contributing to prevention and suppression of corruption.

2. Persons obliged to make declarations shall provide information according to the declaration form, and take responsibility for the authenticity and accuracy of the information provided.

3. The assets and income declared are the assets and income under their ownership or the use right of themselves, their spouses and underage children at the time the declaration is finished.

4. The value of assets and income declared are expressed as the amount payable when they are bought, transferred, built, or the estimated values when they are gifted or inherited.

Article 5. Responsibilities of the person obliged to make declarations

1. Accurately, clearly, and responsively provide information about the quantity, value of assets and income, and variation in assets in accordance with Anti-corruption Law and this Decree.

2. Provide accurate, sufficient, and responsive explanation for the information related to income and asset declaration and origins of additional assets at the request of competent agencies and persons.

3. Responsively comply with the requests of competent agencies and persons to serve the verification of assets and income.

4. Implement the decisions on penalties for violations against regulations on transparency of assets and income made by competent agencies and persons.

Article 6. Prohibited acts

1. Making untruthful, insufficient, irresponsive declarations and explanations of additional assets; hiding assets and income in any shape or form.

2. Illegally using the Declarations; misusing the transparency of assets and income to cause internal disunity; encumbering or obstructing the verification of assets and income; defaming, maligning the declarants; committing violations.

3. Deliberately falsifying or damage the Declarations.

4. Falsifying the documents, verification result; divulging information of the documents related to verification of assets and income without the permission of competent persons.

Chapter 2.

DECLARATION OF ASSETS AND INCOME

Article 7. Persons obliged to make declarations

1. Full-time deputies of the National Assembly, deputies of the People’s Councils, candidates for deputies of the National Assembly and People’s Councils, potential candidates.

2. Officials that hold the position of deputy managers of departments of the People’s Committees of districts of higher, and the persons that receive an allowance equivalent to that of such positions.

3. Commissioned officers that hold the positions of deputy battalion commanders or higher, the persons that receive an allowance equivalent to that of deputy battalion commanders or higher in the army; commissioned officers that hold the rank of deputy battalion commanders, deputy chiefs of police of districts and town or higher; deputy leaders of the police or higher.

4. The people holding positions equivalent to deputy department manager in hospitals, research institutes, press agencies, management boards of the projects funded by the state, management boards of the projects funded by ODA.

5. Principals, deputy principals of kindergartens, elementary schools, middle schools, high schools, continuing education centers, the persons holding positions equivalent to deputy department managers or higher in universities, colleges, vocational schools of the state.

6. Members of the Board of Directors, members of the Member assembly, members of the Control Board, controllers, the people holding managerial positions equivalent to deputy department manager or higher in state-owned enterprises, representatives of state capital, capital of state-owned enterprise, and the people holding managerial positions equivalent to deputy department managers in enterprises funded by the state or capital of state-owned enterprise.

7.  Secretaries and Deputy Secretaries of Communist Party Committees, Presidents and Deputy Presidents of the People’s Councils, Presidents, Deputy Presidents, and members of the People’s Committees of communes, wards and towns; Chiefs of police, chief military officers, officials in charge of cadastre, construction, finance, justice, citizen registration of communes, wards, and towns.

8. Investigators, prosecutors, verifiers, judges, court clerks, state auditors, inspectors, enforcers, and notary officials.

9. The persons that do not hold managerial positions in state agencies, Communist Party’s agencies, socio-political organizations, public service providers, the army, the police, who are in charge of state budget and asset management, or directly do the works of the agencies, organizations, units, and individuals engaged in the fields specified in the List enclosed herewith.

Article 8. Assets and income that need declaring

1. Houses and construction works:

a) The houses and other construction works that are issued with Certificates of ownership;

b) The houses and other construction works that have not been issued with Certificates of ownership, or of which the Certificates of ownership are undersigned by other people;

c) Leased houses and other construction works that are under the ownership of the state.

2. Rights to use land:

a) The right to use land issued with Certificates of use right;

a) The right to use land that is not issued with Certificates of use right, or of which the Certificates of use right are undersigned by other people.

3. Cash, loans, bank deposits of Vietnamese and foreign organizations and individuals that are worth 50 million VND at least.

4. Overseas assets.

5. Cars, motorcycles, boats, ships, and other movable assets under the management of the state (which by law must be registered and issued with certificates of registration) that are worth at least 50 million VND.

6. Precious metal, gems, shares, and other valuable papers that are worth at least 50 million VND.

7. The debts payable that are worth at least 50 million VND.

8. Total incomes in the year.

Article 9. Procedure for making and receiving Declarations

1. Annually on the 30th of November at the latest, the personnel department shall make and submit a list of persons obliged to make declarations to the head of the organization or unit, send the declaration forms, provide instructions, and request the persons obliged to make declarations to make income and asset declarations.

2. Within 10 working days from the day on which the declaration form is received, the declaration must be finished and submitted to the personnel department.

3. Within 07 working days from the day on which the declaration is received, the personnel department shall examine the sufficiency of information. When a declaration is not valid, a request for revision of the declaration shall be made. The deadline for revision is 03 working days from the day on which the request is received. The personnel department shall keep the originals or copies, and send 01 copy to the organization or unit that will disclose the Declaration.

4. The income and asset declaration shall be finished by December 31 every year.

Article 10. Managing and using Declarations

1. The Declarations shall be kept together with the profiles of officials and civil servants; persons obliged to make declarations shall keep the copies of their Declarations; the persons obliged to make declarations under the management of the local Committee of the Communist Party (hereinafter referred to as local Committee), the personnel department shall send their original Declarations to the local Committee at the same level, keep 01 copy, and send 01 copy to an inspecting agency at the same level (to serve supervision and verification).

When a person obliged to make declarations is reassigned to another organization or unit, his or her Declaration and profile shall be sent to the new organization or unit. When a persons obliged to make declarations retires, his or her Declaration shall be kept in accordance with the regulations on management of officials and civil servants’ profiles.

2. Declarations shall be used for:

a) Serving the election, ratification, designation, dismissal, and imposition of penalties pertaining to the persons obliged to make declarations;

b) Serving the operation of competent authorities in disclosing, inspecting, auditing, investigating, verifying, and dealing with corruption;

c) Serving other requirements related to personnel tasks.

Article 11. Procedure for using Declarations

1. When the Declarations kept together with officials and civil servants’ profiles are to be used, the user shall obtain a letter of introduction of the organization or unit that needs to use them, specifying the full name, position of the user, and purposes.

2. Declarations shall be used at the agency that management them. If they must be used in another location, an approval of the person in charge of the persons obliged to make declarations shall be obtained, and a delivery record shall be made.

3. The Declarations shall be used in accordance with Clause 2 Article 10 of this Decree.

Article 12. Responsibilities of heads of organizations and units for the declaration, disclosure, and management of the Declarations

1. Organize and direct the declaration and disclosure in accordance with Anti-corruption Law and this Decree.

2. Take responsibility for the violations against regulations on making and disclosing Declarations within their organizations in accordance with law.

3. Direct the management and use of Declarations as prescribed.

Chapter 3.

DISCLOSURE OF DECLARATIONS AND DECLARATIONS OF INCOME AND ASSET DECLARATION

Article 13. Methods and times of disclosing Declarations

1. The head of the organization or unit shall decide the disclosure of Income and Asset Declarations of their officials and civil servants in one of the following manners: posting them at the office or announcing them at the meetings in accordance with Article 14 of this Decree after the annual summarization.

2. The position at which they are posted must be safe and enable everyone in the organization or unit to see the Declarations. The Declarations shall be posted for at least 30 consecutive days.

3. The Declarations shall be disclosed after the personnel department finishes examining them according to Clause 3 Article 9 of this Decree, and before March 31 of the next year.

Article 14. Scope of disclosure in the meeting.

1. Central authorities:

a) Declarations made by the persons holding the position equivalent to Ministers or higher shall be disclosed to the people that cast votes of confidence/no confidence annually.

b) Declarations made by the persons holding the positions equivalent to Deputy Ministers, Deputy Directors of Bureaus or higher shall be disclosed to the managerial officials of Bureaus and the equivalent.

c) Declaration made by the persons holding positions equivalent to Directors and Deputy Directors of Bureaus shall be disclosed to the persons holding the positions equivalent to department managers or higher, or to the entire personnel of the Bureau if no departments are held.

d) Declarations made by the persons not being mentioned in Points a, b, c above shall be disclosed to the entire personnel of their departments or units. If the personnel of a department or unit consists of 50 people or more, and divided into teams and groups, the Declarations shall be disclosed to such teams and groups.

2. Local authorities:

a) Declarations made by Secretaries, Deputy Secretaries, Presidents and Deputy Presidents of the People’s Councils, Presidents and Deputy Presidents, full-time deputies of the People’s Councils; department managers of the People’s Councils, other members of the People’s Committees of provinces shall be disclosed to the people that cast votes of confidence/no confidence annually, including senior officials of the People’s Committees and the People’s Councils of provinces, members of the People’s Councils of provinces, Directors of Services, agencies, and units affiliated to the People’s Councils and the People’s Committees of provinces.

b) Declarations made by Directors, Deputy Directors of Services and equivalent agencies that are affiliated to the People’s Councils and the People’s Committees of provinces shall be disclosed to department managers and equivalent officials of such agencies.

a) Declarations made by Secretaries, Deputy Secretaries, Presidents and Deputy Presidents of the People’s Councils, the People’s Committees of districts and communes, full-time members of the People’s Councils, department managers of the People’s Councils, other members of the People’s Committees of districts and communes shall be disclosed to the people that cast votes of confidence/no confidence annually, including the senior officials of the People’s Committees, the People’s Councils of districts and communes, deputies of the People’s Councils of districts and communes, managers of departments and units affiliated to the People’s Committees of districts and communes.

d) Declarations made by the persons not being mentioned in Points a, b, c above shall be disclosed to the entire personnel of their departments or units. If the personnel of a department or unit consists of 50 people or more, and divided into teams and groups, the Declarations shall be disclosed to such teams and groups.

3. Enterprises:

a) Declarations made by the President of the Member assembly (or the Board of Directors), General Director, Deputy General Director, Chief Controller, Controllers, Chief accountant of a state-owned company or corporation shall be disclosed to the members of the Member assembly (or the Board of Directors), General Director, Deputy General Director,  Chief Controller, Controllers, Chief accountant, and department managers of the company or corporation, the Presidents of the Member assemblies (or the Boards of Directors), General Directors (Directors) of the affiliated companies, and managers of associations in the company or corporation.

b) Declarations of representatives of state capital and capital of state-owned enterprises, who hold a position of deputy department manager or higher in an enterprise funded by the state or capital of state-owned enterprises, shall be disclosed at the company or corporation that appointed them as the representation, to the members of the Member assembly (the Board of Directors), the General Director, the Deputy General Director, the Control Board (Controllers), and the Chief accountant.  Where a representative of state capital is an official or civil servant, his or her Declaration shall be disclosed in accordance with Clause 1 and Clause 2 of this Article.

c) Declarations made by the persons not being mentioned in Point a and Point b of this Clause shall be disclosed to the entire personnel of their departments or units. If the personnel of a department or unit consists of 50 people or more, and divided into teams and groups, the Declarations shall be disclosed to such teams and groups.

Article 15. Explanation for origins of additional assets

1. Persons obliged to make declarations shall provide explanation and take responsibility for the accuracy, truthfulness, and responsiveness of the information about the origins of additional assets.

2. The additional assets that need explaining include:

a) The assets defined in Clause 1 and Clause 2 Article 8 of this Decrees that increase in quantity; the houses, building works and land that are upgraded in comparison to the previous declaration.

b) The assets defined in Clause 3, Clause 4, Clause 4, and Clause 6 Article 8 of this Decrees that increase in quantity or change in categories, of which the value increases by 50 million VND or more in comparison to the previous declaration.

3. The explanation for origins of additional assets shall be provided when making the asset declaration according to the declaration form, and at the request of competent organizations and individuals.

Article 16. Explanation for income and asset declaration

1. When one of the signs defined in Clause 1 Article 47 of Anti-corruption Law is detected, the head of the competent agency shall request the declarant in writing to provide explanation for the income and asset declaration they made.

2. Within 05 working days from the day on which the request is received, the requested declarant shall submit the written explanation. The explanation must clarify the accuracy, truthfulness, sufficiency, and responsiveness of the income and asset declaration; clarity the origins of additional assets and income, and other relevant information requested by the competent organization or individual.

3. If the explanation is considered evident by the head of the competent agency, no verification is necessary and a conclusion about the transparency of the income and asset declaration shall be drawn at once.

Chapter 4.

VERIFICATION OF ASSETS AND INCOME

Article 17. Decision on verification of assets and income

1. Where the explanation is considered unclear, the head of the competent agency shall issue a decision on verification of assets and income (hereinafter referred to as decision on verification)

2. The decision on verification shall specify:

a) The basis for making the decision on verification;

b) Full name, position, and workplace of the declarant;

c) Full name, position, and workplace of the verifier. If a commission is establish, the full names, positions, and workplaces of the chief commissioner and commissioners must be specified (hereinafter referred to as verifiers);

d) The verification contents;

d) The verification duration;

e) The responsibilities and entitlements of verifiers;

g) The cooperating organizations and units (if any).

3. The verification duration is 15 working days. The duration in complicated cases shall not extend beyond 30 working days.

4. If the case is complicated and related to multiple fields or localities, the person decides the verification is entitled to request relevant organizations and units to send participants to the commission.

Article 18. Assets and income verifiers

1. If the declarant is under the management of a local Committee, the verifying agency is the Communist Party’s inspecting agency at the same level, in particular:

a) The central Communist Party’s inspecting agency shall verify the declarations made by officials under the management of central agencies. Officials of Government Inspectorate shall be summoned where necessary;

b) The Communist Party’s inspecting agencies of provinces shall verify the declarations made by officials under the management of provincial standing committees and central agencies. Officials of provincial inspectorates or ministerial inspectorates shall be summoned where necessary;

c) The Communist Party’s inspecting agencies of districts shall verify the declarations made by officials under the management of standing committees of districts and equivalent agencies. Officials of inspectorates of the district shall be summoned where necessary;

2. If the declarant is working at a Communist Party’s agency that is not under the management of a local Committee, the verifying agency is determined as follows:

a) The personnel departments of central agencies of the Communist Party at the central level and provincial level shall verify declarations made by the declarants that work at such agencies;

a) The Committees of districts and equivalent agencies shall verify declarations made by the declarants that work in the Communist Party’s agencies of districts and communes;

3. If the declarant is not under the management of a local Committee or working in any Communist Party’s agency, the verifying agency is determined as follows:

a) At the central level: inspectorates of Ministries, ministerial agencies, personnel departments of Governmental agencies shall verify declarations made by the declarants working in the units affiliated to ministries, ministerial agencies, and Governmental agencies.  Inspectorates may cooperate with officials of the personnel departments of such agencies in the verification if necessary.

a) At province level: provincial inspectorates shall verify declarations made by the declarants working in the organizations and units of central-affiliated cities and provinces. Provincial inspectorates may cooperate with officials of Services of Home affairs and inspectorates of Services in the verification.

Inspectorates of Services shall verify declarations made by the declarants working in the agencies, organizations and units affiliated to the Services. Inspectorates Services may cooperate with officials of the personnel departments of such agencies, organizations and units in the verification if necessary.

c) At district level: inspectorates of districts shall verify declarations made by the declarants working in the agencies, organizations and units of districts, towns, provincial cities, and officials of communes. Inspectorates of districts may cooperate with officials of Departments of Home affairs and specialized departments of the People’s Committees of districts in the verification if necessary.

d) In state-owned enterprises: unit in charge of internal inspection and personnel shall verify declarations made by the declarants that work in such enterprises.

4. Inspecting agencies and personnel departments of other central state agencies, central agencies of associations, provincial agencies of socio-political organizations shall verify declarations made by the declarants working in such agencies and organizations, which are not under the management of local Committees.

c) Personnel departments shall verify declarations made by the declarants working in socio-political organizations of districts, and may request the inspecting committee of the district in writing to cooperate in the verification.

5. Government Inspectorate shall re-verify the assets and income verified by the agencies mentioned in Clause 3 of this Article when violations are found.

Article 19. Contents of verification of assets and income

The verification of assets and income is about the truthfulness, sufficiency, clarity, and punctuality of the information about the quantity, value of assets, incomes, description of assets and income, variation in assets and explanation for such variation, origins of additional assets, and other relevant information in the Declaration made by the declarant.

Article 20. Activities during the verification of assets and income

During the verification of assets and income, the verifier shall:

1. Examine the documents related to the information being verified;

2. Directly work with the declarants;

3. Verify the assets and income on the spot;

4. Working with agencies, organizations and units that manage and keep the documents about the assets and income being verified;

5. Cooperate with the agencies, organizations, and individuals knowledgeable about the assets and income being verified in examining them;

6. Work with other relevant agencies, organizations, and individuals to serve the verification of assets and income;

7. Do other activities necessary for the verification of assets and income.

Article 21. Entitlements and responsibilities of verifiers

1. Requesting declarants to provide explanation, information, and documents related to the verified information.

2. Requesting the agencies, organizations, and individuals that have information and documents related to the verification to provide such information and documents.

3. Requesting competent agencies, organizations and units to take measures for preventing assets and income from being dispersed, the obstruction and illegal interference in the verification.

4. Ensuring the objectivity, truthfulness, accuracy, responsiveness, conformity with the requirements and deadline in the decision on verification.

5. Protecting the confidentiality of the information and documents collected during the verification.

6. Report the verification result to competent persons and taking responsibility for the accuracy, truthfulness, and objectivity of the report.

Article 22. Responsibilities of relevant agencies, organizations, units, and individuals

People’s Committees at all levels, the police, real estate management agencies, tax authorities, banks, relevant agencies, organizations, units, and individuals shall:

1. Appoint personnel to work with verifiers in the verification;

2. Provide information and documents related to the verification; take responsibility for the accuracy and sufficiency of the information and documents provided;

3. Perform other tasks within their competence to serve the verification, clarify the information necessary for the verification, prevent the assets and income from being dispersed, or prevent the obstruction of the verification.

Article 23. Meeting minutes

1. Minutes of the meetings between the verifier and the declarant, between the verifier and relevant agencies, organizations, units, and individuals shall be made.

2. The meeting minute shall specify:

a) The time and location of meeting;

b) The participants;

c) The contents of the meeting;

d) The consensus reached after the meeting;

dd) The dissenting opinions (if any).

Article 24. Report on verification result

1. Within 05 working days from the end of the verification, the verifier shall send a report on the result of asset and income verification to the person that made the decision on verification.

2. The report on the result of asset and income verification shall specify:

a) The verified information, the activities done, and verification result;

b) Remarks made by the verifier about the income and asset declaration;

c) Suggested actions against dishonest declarants.

Article 25. Conclusion about the transparency of income and asset declaration

1. Within 05 working days from the day on which the report on verification result is received, the head of the agency, organization, or unit in charge of the declarants shall draw a conclusion about the transparency of the income and asset declaration.

2. The conclusion must specify the consistency between the Declaration and the verification result. If the verification result and the Declaration are not consistent, the Declaration shall be considered untruthful. The difference between the quantity of assets and income, description of assets and income, variation in assets and income, and origins of additional assets, and the actions to be taken against the dishonest declarant shall be specified.

The conclusion about the transparency shall be sent to the declarant.

3. If the declarant requests a reconsideration of the conclusion, the person that drew the conclusion shall reconsider and respond within 05 working days from the day on which the request is received. If the declarant does not concur, the declarant shall submit a petition to the head of the agency senior to the person that drew the conclusion for considering the case. Within 05 working days, the person that receives the petition shall respond to the declarant.

Article 26. Disclosing the conclusion about the transparency of income and asset declaration

1. Within 05 working days from the day on which the request for the disclosure of the conclusion about the transparency of income and asset declaration is received, the person that drew the conclusion shall disclose it.

2. If the verification of assets and income is to serve the dismissal, taking of disciplinary actions, or when corruption arises, the person that drew the contract shall immediately disclose it.

3. The conclusion about the transparency of income and asset declaration shall be disclosed at:

a) The workplace of the declarant;

b) The conference of voters where the declarant stands as a candidate for deputy of the National Assembly or the People’s Council;

c) At the meeting or convention where the declarant is nominated for being voted by the National Assembly, the People’s Council, a political organization, or a socio-political organization.

Article 27. Documentation of income and asset verification

The income and asset verification shall be recorded in writing. The documentation shall be management by the verifying agency. The documentation of the verification includes:

1. The decision on verification; meeting minutes, the explanation provided by the declarant; and the report on the verification result;

2. The conclusion about the transparency of income and asset declaration;

3. Written requests and suggestions made by the person that makes the decision on verification and the verifier;

4. Assessments made during the verification (if any);

5. Other documents related to the verification.

Chapter 5.

PENALTIES FOR VIOLATIONS AGAINST REGULATIONS ON TRANSPARENCY OF INCOME AND ASSET DECLARATION;

Article 28. Disciplinary actions against unpunctuality

The persons responsible for the late declaration, disclosure, explanation, reports on disclosure of assets and income without good reasons shall be face the disciplinary actions below:

1. A reprimand shall be issued for every delay of 15 - 30 days;

2. A warning shall be issued for every delay of 30 - 45 days;

3. A heavier penalty shall be imposed shall be issued for every delay that exceeds 45 days.

Article 29. Disciplinary actions against persons that make untruthful declarations of assets and income or provide untruthful explanation for their additional assets

The persons that make untruthful declarations of assets and income or provide untruthful explanation for their additional assets shall face the disciplinary actions below:

a) A senior official shall incur a reprimand, a warning, or dismissal;

b) An official shall incur a reprimand, a warning, salary cut, demotion, or dismissal;

a) A civil servant shall incur either a reprimand, a warning, or dismissal;

dd) A person working in a state-owned enterprise shall incur a reprimand, a warning, or dismissal;

dd) A person working in an agency or a unit of the army or the police shall face the disciplinary actions applied to the army and the police.

Article 30. Identifying responsibility for verification of assets and income 

1. The person that requests the verification, the person that makes the decision on verification, the person authorized to draw conclusions about the transparency of income and asset declaration that commit the violations against regulations on verification of assets and income shall incur penalties in accordance with law. Any disadvantage suffered by the declarant must be made up for, and a public refutation shall be made in writing. This refutation shall be sent to the declarant and his or her workplace.

2. The head and the person assigned to provide information and documents in the agencies and units related to the management of land, houses, architectures, taxation, finance, banking, and other relevant agencies who fail to facilitate the verification shall face disciplinary actions or criminal prosecution, depending on the nature and severity of violation.

3. The person that divulges the documents about verification of assets and income without the permission of competent persons shall face disciplinary actions or criminal prosecution, depending on the nature and severity of the violation.

Article 31. The power and procedure for taking disciplinary actions

1. Officials and civil servants shall comply with legislation on disciplinary actions incurred by officials and civil servants.

2. People working in the army and the police shall comply with the regulations on disciplinary actions in the army and the police.

3. People working in state-owned enterprises shall comply with the regulations on disciplinary actions in state-owned enterprises.

4. People working in political organizations and social organizations shall comply with the regulations on disciplinary actions of such organizations.

Chapter 6

IMPLEMENTATION

Article 32. Responsibility to provide instructions, urge, inspect, and recapitulate the transparency of assets and income

1. Heads of agencies shall provide instructions, urge, inspect, and recapitulate the income and asset declarations, verification and disclosure of income and asset declarations, draw conclusion, impose penalties with regard to the persons obliged to make declarations under their management, and send periodic reports to the inspecting agencies at the same levels.

2. Management Committees of the Communist Party at all level shall manage the declarations made by the persons obliged to make declarations under the management of local Committees, and send the declaration result to the inspecting agencies at the same level.

3. Home affairs authorities at all level shall provide guidance, carry out inspection, and recapitulate the result of declarations, verifications, conclusions, and penalties for violations pertaining to the declarants working in social organizations, socio-professional organizations, other organizations and unit funded by government budget and assets; send periodic reports to inspecting agencies at the same level.

4. Communist Party’s inspecting agencies at all levels shall recapitulate the results of verification, disclosure, and penalties for violations pertaining to person obliged to make declarations under the management of local Committees, and send the data to the inspecting agencies at the same level.

5. State inspectorates shall provide guidance, carry out inspections, and recapitulate the declarations, results of disclosure, verifications, conclusions, and disciplinary actions related to transparency of assets and income within their competence, and send periodic reports to the superior inspectorate.

Government Inspectorate shall provide guidance, carry out inspections, and recapitulate the declarations, results of disclosure, verifications, conclusions, and disciplinary actions related to transparency of assets and income nationwide.

6. Ministers, ministerial agencies, Governmental agencies, People’s Committees of central-affiliated cities and provinces shall:

a) Organize, provide guidance, propagate, disseminate, urge, and supervise the implementation of regulations on transparency of assets and income within their competence.

b) Review and annul or request competent authorities to annul the regulations that contravene the regulations on transparency of assets and income in Anti-corruption Law and this Decree.

c) Reward the collectives and individuals that have achievements; take actions against the people violating regulations on transparency of assets and income.

Article 33. Supervision of Vietnamese Fatherland Front and its associate organizations

1. Within their competence, Vietnamese Fatherland Front and its associate organizations shall supervise the implementation of legislation on transparency of assets and income.

2. State agencies shall invite Vietnamese Fatherland Front and its associate organizations to participate in the supervision and inspection of the implementation of legislation on transparency of assets and income where necessary. Vietnamese Fatherland Front and its associate organizations shall provide information and appoint participants on request.

3. Vietnamese Fatherland Front and its associate organizations shall collect opinions and feedbacks from the people, and request competent authorities to consider penalizing violations against the regulations on transparency of assets and income.

4. When a sign of suspicious assets and income is found, Vietnamese Fatherland Front and its associate organizations shall request competent authorities to consider. Within 15 working days from the day on which the suggestion is received, the organization or individual in charge shall consider, process it, and notify the result to Vietnamese Fatherland Front and its associate organizations.

5. Vietnamese Fatherland Front and its associate organizations are entitled to request penalties for the violations against legislation on transparency of assets and income committed by the people that are residing elsewhere.

Article 34. Effect

1. This Decree takes effect on September 05, 2013.

2. This Decree supersedes the Government's Decree No. 37/2007/NĐ-CP dated March 09, 2007 on transparency of assets and income, and the Government's Decree No. 68/2011/NĐ-CP dated August 08, 2011 on amendments to the Government's Decree No. 37/2007/NĐ-CP.

Article 35. Responsibility for the implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces, relevant organizations and individuals are responsible for the implementation of this Decree./.

 

 

FOR THE GOVERNMENT
PRIME MINISTER





Nguyen Tan Dung

 

LIST

PERSONS OBLIGED TO MAKE DECLARATIONS OF ASSETS AND INCOME ACCORDING TO CLAUSE 9 ARTICLE 7 OF THE DECREE ON TRANSPARENCY OF ASSETS AND INCOME

(Promulgated together with the Government's Decree No. 78/2013/NĐ-CP dated July 17, 2013)

A. THE PERSONS IN CHARGE OF BUDGET MANAGEMENT AND ASSET MANAGEMENT

1. Budget allocation.

2. Bookkeeping.

3. Public procurement.

B. THE PERSONS THAT DIRECTLY UNDERTAKE THE TASKS BELOW

I. Personnel

1. Evaluating personnel, requesting competent persons to designate, mobilize, reassign, and provide training for officials.

2. Organizing recruitment and examinations for officials and civil servants.

3. Examining applications for approval for the organizational structure and payroll.

4. Evaluating the plans for establishing or restructuring state agencies, organizations, units, state-owned enterprises, non-governmental organizations, non-governmental organizations, and professional associations.

5. Examining applications for establishment, merger, division, and adjustment of administrative boundaries.

6. Examining petitions for commendations and disciplinary actions.

7. Allocating budget for expenditure and training.

II. Finance and banking

1. Managing taxpayers.

2. Collecting tax, controlling tax, refunding tax, managing and dispensing invoices.

3. Inspecting exported and imported goods.

4. Appraising, inspecting, and settling budget in accordance with the budget law.

5. Licensing banks and credit institutions.

6. Doing works related to credit at state-owned credit institutions; carrying out evaluation and giving loans.

7. Settling debts, bad debts; buying and selling debts; evaluating and valuating in auction.

8. Dispensing cash and goods of State Treasuries and national reserves.

9. Paying social insurance and health insurance.

10. Issuing licenses to trade in foreign currencies, hold, silver, and gems.

11. Supervising banking operation.

III. Industry and Trade

1. Issuing licenses related to export, import, and commerce services.

2. Issuing licenses related to assurance of safety standards in production and trading.

3. Controlling the market.

IV. Construction

1. Issuing construction licenses.

2. Appraising construction projects.

3. Managing construction planning.

4. Managing and supervising construction quality.

5. Appraising, planning, controlling, supervision, coordinating and providing compensation for land clearance.

V. Transport

1. Carrying out technical evaluation, managing traffic works

2. Granting vehicle registration.

3. Testing and issuing licenses to vehicle operators.

4. Appraising, planning, controlling, supervision, coordinating and providing compensation for land clearance.

VI. Healthcare

1. Issuing certificates of food safety and hygiene.

2. Issuing licenses to practice medicine.

3. Issuing licenses and certificates of eligibility to produce feed for livestock and poultry.

4. Issuing licenses to modern medicines.

5. Issuing licenses to import insecticides and disinfectants.

6. Issuing certificates of cosmetics import.

7. Testing product quality.

8. Managing, supervising, providing medicine, herbal ingredients, medical equipment, and colorings related to healthcare and social interest.

9. Testing and valuating modern medicines.

VII. Culture - Sports and Tourism

1. Issuing licenses to provide international travel services.

2. Issuing licenses to tourism lodging establishments.

3. Issuing licenses national historical remains.

4. Issuing licenses for archaeological exploration and excavation.

5. Issuing licenses to take remains and relics abroad.

6. Issuing license for professional artistic performance.

7. Issuing licenses to export, import, and distribute cultural publications.

8. Examining applications for ranking hotels.

9. Evaluating and licensing the shows held overseas Vietnamese organizations and individuals and the shows held in Vietnam by foreign organizations and individuals.

11. Evaluating and approving the projects for preserving, repairing, and restoring national historical remains.

12. Request the approval for the construction of works in protection zones II for national historical remains.

VIII. Communications

1. Issuing licenses for post and telecommunications, information technology, journalism, and publishing.

2. Distributing communication resources (numbers, frequencies, Internet resources, satellite orbits).

3. Managing advertisements on television, radio, and the Internet.

4. Distributing, evaluating, managing schemes and projects on information technology and communications.

IX. Natural resources and environment

1. Issuing certificates of right to use land, ownership and right to use property attached to land.

2. Issuing licenses for mineral exploration, extraction, and processing.

3. Issuing licenses to treat and transport toxic wastes.

4. Issuing certificates of environmental standards.

5. Issuing licenses to explore, extract, use water resources and discharge sewage into water sources.

6. Processing documents about land transfer, land lease, land withdrawal, land purpose conversion, registration of the right to use land, ownership and right to use property attached to land.

7. Selling, leasing out property attached to land; imposing limits on land; managing the compensation, identifying land users eligible for compensation and support; deciding levels of compensation for land clearance.

8. Penalizing violations against the laws on environment.

X. Agriculture and rural development

1. Issuing licenses to lease land, transfer land; managing endangered animals.

2. Animal quarantine.

3. Forest rangers.

4. Controlling veterinary medicines, pesticides, and animal illness.

5. Monitoring, managing, protecting aquatic resources; controlling veterinary safety and hygiene.

XI. Investment and diplomacy

1. Issuing certificates of foreign investment in Vietnam and outward investment

2. Evaluating projects.

3. Tendering and managing tendering.

4. Making, distributing, managing capital plans.

5. Managing planning.

6. Managing industrial parks and export-processing zones.

7. Managing enterprises and granting business registration.

8. Managing ODA.

9. Receiving and processing consular documents.

XII. Justice

1. Civil judgment executors at all levels.  

2. Verifiers of civil judgment execution.

3. Granting marriage registration concerning foreigners, granting secured transaction registration.

4. Judicial refutation and judicial attestation.

XIII. Labor, war invalids and social affairs

1. Evaluating applications for the license to send Vietnamese workers abroad under contracts.

2. Examining applications for establishing vocational colleges, and vocational intermediate schools; issuing certificates of vocational training registration to vocational training institutions; distributing budget for vocational training.

3. Examining profiles of contributors; approving and providing support for contributors

XIV. Science and technology

1. Engaging in science and technology cooperation and exchange concerning foreigners.

2. Examining applications for the issuance, adjustment, revocation, extension of licenses, certificates, and registration certificates in science and technology

3. Carrying out technological evaluation for investment projects.

4. Considering issuing intellectual property qualifications.

5. Distributing, examining research projects.

XV. Education and training

1. Recruitment and training in public schools.

2. Imposing limits on enrolment in the schools in the national education system; deciding limits on postgraduate training and overseas training.

3. Examining and approving training programs of the schools in the national education system.

4. Examining textbooks, teaching materials, and other supplies serving teaching and research.

5. Examining applications for establishing the schools in the national education system.

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

7. Distributing, examining research projects in the field of education and training.

XVI. National defense

1. Policy assistants in military HQ of districts.

2. Chiefs of military HQ of districts and the equivalent.

3. Directors of vocational training centers and job centers of provinces.

4. Chiefs and deputies of border posts.

5. Military assistants and officers assistants of regiments or above.

6. Student's affair, enrolment, policy, and insurance assistants of schools.

VII. The police

1. Issuing passports, controlling immigration.

2. Monitoring border checkpoints.

3. Granting registration plates for road vehicles; patrolling, carrying out inspection of traffic safety.

4. Granting household registration.

5. Granting registration and managing conditional trades.

6. Economic, criminal, drug, environmental, and corruption investigation.

7. Examining and approving fire safety design, inspecting fire safety.

8. Recruiting citizens to serve in the police, recruiting officials.

9. Imposing penalties for violations of social safety and order.

10. Wardens, prison officers in prisons and reform schools.

Warehouse keepers, cashiers, managers of capital, supplies, assets, instruments, projects; evaluating projects, managing building works, planning and investment, procuring, dispensing, managing weapons and equipments.

XVIII. Anti-corruption inspection

1. Carrying out inspections without being officially assigned.

2. Settling complaints and denunciations made by agencies, organizations, units, and individuals.

3. Engaging in anti-corruption tasks.

4. Officials that undertake the tasks of specialized inspections.

 

FORM

INCOME AND ASSET DECLARATION

(Promulgated together with the Government's Decree No. 78/2013/NĐ-CP dated July 17, 2013)

I. GENERAL INFORMATION

1. Declarant

- Full name: ……………………………………………………….. Year of birth: …………

- Position: …………………………………………………………

- Workplace: ………………………………………………………………

- Permanent residence: ……………………………………………………………………

- Current residence: …………………………………………………………………………..

2. Spouse of the declarant

- Full name: ……………………………………………………….. Year of birth: …………

- Position: …………………………………………………………

- Workplace: ………………………………………………………………

- Permanent residence: ……………………………………………………………………

- Current residence: …………………………………………………………………………..

3. Underage children of the declarant

a) First child:

- Full name: ………………………………………………………..

- Date of birth: …………………………………………………………………

- Permanent residence: ……………………………………………………………………

- Current residence: …………………………………………………………………………..

b) Second child (and so on): (similar to the first child)

II. DESCRIPTION OF ASSETS

1. Houses, building works: (the declarant shall describe the houses and other building works under their ownership or under the ownership of their spouse and underage children).

a) Houses:

- First house: (address: ………………………………………………………………….)

+Type: ……………………………………. Class …………………………

+ Area: ………………………………………………………………………

+ Value: ……………………………………………………………………………………..

+ Certificate of ownership: ………………………………………………………

+ Other information (if any): …………………………………………………………………

- Second house (and so on): (similar to the first house)

b) Other building works:

- First building work: (address: ………………………………………………………………….)

+ Type: …………………………..……… Class: ……………………

+ Area: ………………………………………………………………………

+ Value: ……………………………………………………………………………………..

+ Certificate of ownership: ………………………………………………………

+ Other information (if any): …………………………………………………………………

- Second building work (and so on): (similar to the first house)

2. Right to use land: (the declarant shall describe the land under their ownership or under the ownership of their spouse and underage children).

a) Residential land:

- First piece:

+ Address: ………………………………………………………………………………….

+ Area: ………………………………………………………………………

+ Value: ……………………………………………………………………………………..

+ Certificate of right to use: ………………………………………………………

+ Other information (if any): …………………………………………………………………

- Second piece: (similar to the first one).

b) Other types of land:

- First piece:

+ Address: ………………………………………………………………………………….

+ Area: ………………………………………………………………………

+ Value: ……………………………………………………………………………………..

+ Certificate of right to use: ………………………………………………………

+ Other information (if any): …………………………………………………………………

- Second piece: (similar to the first one).

3. Money: cash, loan, deposits in Vietnam and other countries.

………………………………………………………………………………………………

………………………………………………………………………………………………

4. Overseas assets.

5. Cars, motorcycles, boats, ships, and other movable assets under the management of the state (which by law must be registered and issued with certificates of registration) that are worth at least 50 million VND.

6. Precious metal, gems, shares, and other valuable papers that are worth at least 50 million VND.

7. The debts payable that are worth at least 50 million VND (if any).

8. Total incomes in the year.

III. Explanation for variation in income and assets

Type of assets

Increase/decrease

Explanation for origins of additional assets

1. Houses, building works:

a) Houses:

b) Other building works:

2. Land use right:

a) Residential land:

b) Other types of land:

3. Cash, loans, deposits in Vietnam and overseas.

4. Other assets overseas.

5. Cars, motorcycles, boats, ships, and other movable assets under the management of the state that are worth 50 million VND or above.

6. Precious metal, gems, shares, and other valuable papers that are worth at least 50 million VND.

7. The debts payable that are worth at least 50 million VND (if any).

8. Total income in the year.

 

 

(The declarant shall determine the assets that increase or decrease, and provide explanation for such increase or decrease of the assets under their ownership or the use right of themselves, their spouses and underage children).

 

Date of receipt: ………………………
Recipient
(Signature, full name, position)

Finish date: ........................................
Declarant
(Signature, full name)

Notes: All pages of the declaration shall bear the signatures of the declarant and recipient.


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Loại văn bảnNghị định
Số hiệu78/2013/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành17/07/2013
Ngày hiệu lực05/09/2013
Ngày công báo...
Số công báo
Lĩnh vựcBộ máy hành chính, Tài chính nhà nước
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật8 năm trước
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      Decree No. 78/2013/NĐ-CP on transparency of assets and income
      Loại văn bảnNghị định
      Số hiệu78/2013/ND-CP
      Cơ quan ban hànhChính phủ
      Người kýNguyễn Tấn Dũng
      Ngày ban hành17/07/2013
      Ngày hiệu lực05/09/2013
      Ngày công báo...
      Số công báo
      Lĩnh vựcBộ máy hành chính, Tài chính nhà nước
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      Cập nhật8 năm trước

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