Decree No. 13/2002/ND-CP dated Jannuary 30, 2002 of the Government amending and supplementing a number of articles of Decree No. 64/1998/ND-CP dated August 17, 1998

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO. 64/1998/ND-CP OF AUGUST 17, 1998

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Anti-Corruption Ordinance of March 9, 1998;

At the proposal of the State Inspector General,

DECREES:

Article 1.-To amend and supplement a number of articles in Chapter II of Decree No. 64/1998/ND-CP of August 17, 1998 as follows:

1. Article 11 is amended and supplemented as follows:

Article 11.-

The declaration of houses, land and production and/or business establishments by officials and public servants aims to publicize and transparentize property, and create conditions for agencies, organizations and the masses to participate in monitoring, especially monitoring the formation of new property, thus contributing to the prevention of corruption and negative phenomena.

2. Article 12 is amended and supplemented as follows:

Article 12.-

The following persons shall have to declare their property:

1. Officials and public servants working in the Party’s and State’s agencies, political organizations, socio-political organizations, agencies and units of the People’s Army and the People’s Police as prescribed in the Ordinance on Officials and Public Servants (Article 1).

2. Officers, career military personnel and military workers in agencies and units of the People’s Army; officers, career and specialized technical non-commissioned officers in agencies and units of the People’s Police.

3. Persons elected or appointed to certain posts according to terms; persons recruited into social organizations and socio-professional organizations.

4. Leading and managerial officials in State enterprises, including: general directors and deputy general directors; directors and deputy directors; chairmen, vice-chairmen and members of the managing boards; chief accountants; members of the control boards; chiefs and deputy chiefs of professional bureaus and departments in State enterprises; persons appointed by the State to the above-said posts in enterprises with the State capital.

5. Commune, ward and district township officials, including: secretaries and deputy secretaries of local Party Committees; chairmen and vice-chairmen of the People’s Councils; presidents, vice-presidents and members of the People’s Committees; and professional titles.

3. Article 13 is amended and supplemented as follows:

Article 13.-

Property to be declared includes:

1. Rented houses, inherited houses, donated houses, purchased houses, houses built by the declarants themselves or houses of other kinds, which are currently in the declarants possession.

2. Land assigned for use, inherited land, transferred land, rented land or land of other kinds, which are actually in the declarants possession (including residential land, land used for production and/or business activities, unused land).

3. Stocks and bonds of various kinds, contributed capital for investment in enterprises and production and/or business establishments.

4. Other property valued at VND 50 million or more such as cars, ships, boats,

4. Article 14 is amended and supplemented as follows:

Article 14.-

As from the effective date of this Decree, persons subject to property declaration as prescribed by Article 12 of this Decree shall have to fully, accurately and truthfully declare their property of the prescribed kinds and be responsible before law for the contents of their declarations.

5. Article 15 is amended and supplemented as follows:

Article 15.-

The declarants must make declarations strictly according to the set forms issued together with this Decree. Annually, when additionally declaring their personal records, the declarants must make additional declarations of their property as prescribed in Article 13 of this Decree if there is any change in their property.

The declarants under the management of any agencies or organizations shall submit their declarations to such agencies or organizations.

6. Article 17 is amended and supplemented as follows:

Article 17.-

1. The declarations shall be reported to the leading officials of the agencies or organizations where the declarants work and to those who have participated in recommending them for appointment or election when the declarants were recommended as candidates or nominees for the leading posts.

The declarations of those being Party members must be reported before the Party cells where they participate in Party activities.

2. The declarations shall be managed according to the personnel-record managing regime. In cases where the declarants are transferred to other agencies or organizations, their declarations must be handed over together with their personnel records to the competent agencies or organizations for management. When a declarant retires or quits his/her job, his/her declaration shall be kept together with his/her personnel records.

7. Article 18 is amended and supplemented as follows:

Article 18.-

When detecting that the declared property shows signs of non-transparency, the head of the declarant-managing agency or the immediate superior managing body shall request the competent agency to examine and verify the origin thereof; if violations are committed, they shall be handled according to law.

The examining, inspecting and investigating agencies, procuracies and courts may study or refer to the declarations in service of the examination or verification of corrupt acts.

8. Article 20 is amended and supplemented as follows:

Article 20.-

Persons who falsify the declaration contents, cause loss or damage to the declarations, or provide them to unauthorized persons for reference or use; those who abuse the declaration to cause internal disunity or illegally use the declarations shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability according to law provisions.

Article 2.-This Decree takes effect 15 days after its promulgation.

Article 3.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of all levels and the heads of the concerned agencies, units and organizations shall have to implement this Decree.