Decree No. 130/2020/ND-CP controlling asset and income of persons holding titles and powers in agencies

DECREE

On control of assets and incomes of persons with positions and powers in agencies, organizations and units^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 20, 2018 Anti-Corruption Law;

At the proposal of the Government Inspector General;

The Government promulgates the Decree on control of assets and incomes of persons with positions and powers in agencies, organizations and units.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details a number of articles of the Anti-Corruption Law concerning the control of assets and incomes of persons with positions and powers in agencies, organizations and units, including:

a/ Point b, Clause 2, Article 31 concerning the order and procedures for making and fulfilling requests for provision of information on assets and incomes of persons with declaration obligation to serve asset or income verification;

b/ Article 35 concerning the asset and income declaration form and implementation of asset and income declaration;

c/ Point b, Clause 3, Article 36 concerning persons who are engaged in organization and personnel work, management of public finance, public assets or public investment, or who personally contact, and settle affairs of, other agencies, organizations, units and individuals that are obliged to declare assets and incomes annually;

d/ Clauses 1, 2 and 5, Article 39 concerning the time, form and organization of publicization of declarations at agencies, organizations or units; publicization of asset and income declarations of persons expected to be appointed to hold leadership or managerial positions at agencies, organizations or units and persons expected to be elected to hold leadership or managerial positions at state enterprises;

dd/ Point d, Clause 1, Article 41 concerning criteria for selection of persons obliged to declare assets and incomes subject to verification under annual plans and formulation and approval of annual asset and income verification plans of agencies controlling assets and incomes;

e/ Article 54 concerning protection, archive, exploitation and provision of information from the national database on asset and income control;

g/ Points g and h, Clause 1, Article 94 concerning disciplining of violators of regulations on the duty of honesty in making asset and income declarations and explaining origin of increased assets and incomes; regulations on time limit for declaration of assets and incomes or other regulations on asset and income control.

2. A number of measures to implement the Anti-Corruption Law concerning control of assets and incomes must conform to the decentralization of powers for management of cadres of the Communist Party of Vietnam under regulations on coordination among agencies controlling assets and incomes mentioned in Article 30 of the Anti-Corruption Law.

Article 2. Subjects of application

1. Agencies controlling assets and incomes.

2. Persons obliged to declare assets and incomes (below referred to as persons with declaration obligation).

3. Agencies, organizations, units and individuals engaged in asset and income control.

Article 3. Interpretation of terms

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

1. Control of assets and incomes means an activity conducted by agencies controlling assets and incomes in accordance with law in order to obtain clear knowledge about assets and incomes, changes in assets and incomes and origins of increased assets and incomes of persons with declaration obligation for the purpose of preventing corruption, serving personnel work, promptly detecting corruption, preventing acts of dispersing corruption-related assets, and recovering corruption-related assets.

2. Declaration of assets and incomes means clear, full and accurate statement of assets and incomes of all kinds, changes in assets and incomes that must be declared and origins of increased assets and incomes according to the asset and income declaration form promulgated together with this Decree.

3. Publicization of asset and income declarations means publicization of asset and income declarations (below referred to as declarations) in accordance with the Anti-Corruption Law and Articles 11, 12 and 13 of this Decree.

4. Explanation about origins of increased assets and incomes means explanation and proving by persons with declaration obligation themselves of the formation of their increased assets and incomes as compared to previous declarations.

5. Verification of assets and incomes means examination and clarification of declared information and consideration, assessment and conclusion by agencies controlling assets and incomes of truthfulness, completeness and clarity of declarations and truthfulness of explanations about origins of increased assets and incomes according to the order and procedures specified in the Anti-Corruption Law and this Decree.

Article 4. Principles of control of assets and incomes

1. Asset and income control must be transparent, objective and fair; carried out according to the law-specified competence, order and procedures and to law-specified subjects; not infringe upon property rights of persons with declaration obligation.

2. Any violations committed by agencies, organizations and individuals in controlling assets and incomes must be strictly and promptly handled in accordance with law.

Use of information and data in controlling assets and incomes for improper purposes is prohibited.

3. The application of asset and income control measures and handling of untruthful declarations or explanations must be based on such declarations and explanations and conclusions on verification of assets and incomes as specified in the 2018 Anti-Corruption Law and this Decree.

Chapter II

ORDER AND PROCEDURES FOR MAKING AND FULFILLING REQUESTS PROVISION OF INFORMATION ON ASSETS AND INCOMES

Article 5. Right to make and responsibility to fulfill requests for provision of information

1. Persons having the right to request provision of information on assets and incomes (below referred to as requesters) to serve the monitoring of changes in assets and incomes, formulation of verification plans and verification of assets and incomes include:

a/ Heads or deputy heads of agencies controlling assets and incomes;

b/ Heads of asset and income verification teams.

2. Agencies, organizations, units and individuals that are requested to provide information (below referred to as requested parties) shall provide adequate, truthful and prompt information at the request of requesters and bear responsibility for provided information.

Article 6. Requests for provision of information of agencies controlling assets and incomes

1. Requests for provision of information under Clause 3, Article 31 of the Anti-Corruption Law shall be made in writing.

2. A written request must contain:

a/ Purposes of and grounds for making the request for provision of information;

b/ Requested information;

c/ Time limit for provision of information;

d/ Guidance on provision of information in writing or data messages;

dd/ Other requirements (if any).

3. Requests for provision of additional information must comply with Clauses 1 and 2 of this Article.

Article 7. Provision of information by agencies, organizations and units

1. Time limit for provision of information:

a/ A requested party shall fulfill the request for provision of information within 5 working days after receiving it;

b/ In case requested information is complicated and unavailable, the time limit for provision of information is 15 working days from the date of receipt of the request.

2. In case information cannot be provided or is provided beyond the specified time limit due to objective reasons, the requested party shall send a written request for consideration and settlement by the requester.

Requested parties must observe decisions of requesters.

Article 8. Making and fulfillment of requests for provision on information by enterprises and organizations in the non-state sector and individuals

1. Making and fulfillment of requests for provision on information by enterprises and organizations in the non-state sector and individuals must comply with Articles 6 and 7 of this Decree.

2. Making and fulfillment of requests for provision on information by credit institutions and foreign bank branches in Vietnam must comply with the law on provision of information on clients by credit institutions and foreign bank branches in Vietnam.

Chapter III

ASSET AND INCOME DECLARATION

Article 9. Asset and income declaration form and implementation of asset and income declaration

1. First-time declaration, annual declaration and declaration serving personnel work shall be made according to the declaration form and declaration guidance provided in Appendix I to this Decree.

2. Additional declaration shall be made according to the declaration form and guidance on additional declaration provided in Appendix II to this Decree.

Article 10. Persons with annual declaration obligation

Persons with declaration obligation specified at Point b, Clause 3, Article 36 of the Anti-Corruption Law include:

1. The following civil servant ranks and titles:

a/ Executors;

b/ Investigators;

c/ Accountants;

d/ Forest rangers;

dd/ Procurators;

e/ Bank supervisors;

g/ Market supervisors;

h/ Auditors;

i/ Party inspection officials;

k/ Customs inspectors;

l/ Tax inspectors;

m/ Inspectors;

n/ Judges.

2. Persons holding the leadership or managerial positions of deputy head of divisions or equivalent or higher positions in a number of fields as specified in the list provided in Appendix III to this Decree.

3. Persons acting as representatives of state capital amounts at enterprises.

Chapter IV

PUBLICIZATION OF ASSET AND INCOME DECLARATIONS

Article 11. Publicization of asset and income declarations at agencies, organizations and units

1. The publicization of asset and income declarations of persons subject to control by agencies controlling assets and incomes specified in Clauses 1, 2 and 3 of the Anti-Corruption Law shall be carried out as follows:

a/ Declarations of persons holding the position of deputy director of general department or equivalent or a higher position in central agencies shall be displayed at offices of ministries, ministerial-level agencies or government-attached agencies or publicized at meetings of department-level or equivalent leaders or higher position holders;

Declarations of persons holding the position of director of department or equivalent or a lower position shall be displayed at units or publicized at meetings of division-level leaders or higher position holders or at plenary sessions of units that have no divisions. Declarations of other persons shall be displayed at divisions, sections or units or publicized at meetings of all civil servants and public employees in divisions, sections or units. If state payrolls of divisions, sections or units include 50 persons or more and are divided into groups or teams, declarations must be publicized among all civil servants and public employees of such groups or teams;

b/ Declarations of chairpersons or vice chairpersons of People’s Councils or People’s Committees at all levels shall be displayed at head offices of such  Councils or Committees or publicly announced at meetings of cadres, civil servants and public employees of offices of People’s Councils or People’s Committees.

Declarations of persons with declaration obligation in provincial-level departments or district-level divisions or sections shall be displayed at their offices or publicized at meetings of cadres, civil servants and public employees.

Declarations of persons with declaration obligation of commune-level People’s Councils or People’s Committees shall be displayed at their offices of such Councils or Committees or publicized at meetings of commune-level cadres and civil servants;

c/ Declarations of persons working in state enterprises shall be displayed at head offices of state enterprises or publicized at meetings of members of Members’ Councils, members of Boards of Directors, Chief Executive Officers, Chief Operation Officers, heads of Supervisory Boards, supervisors, chief accountants, heads of affiliates of groups, corporations, chairpersons of Members’ Councils, chairpersons of Boards of Directors, chief executive officers of groups, companies under groups or corporations, heads of mass organizations of state corporations or groups;

d/ Declarations of representatives of state capital amounts at enterprises shall be displayed or publicized at meetings specified at Point a, b or c of this Clause.

2. The publicization of declarations at meetings for persons subject to control of agencies controlling assets and incomes as specified in Clauses 4, 5, 6, 7 and 8, Article 30 of the Anti-Corruption Law must comply with Clause 1 of this Article and guidance of competent agencies.

3. Such declarations shall be publicized within 5 days after agencies, organizations or units managing or employing persons with declaration obligation hand over declarations to agencies controlling assets and incomes.

4. The duration for display of declarations is 15 days. Declarations must be displayed at positions that ensure safe and convenient reading.

The display of declarations must be recorded in minutes, clearly stating to-be-displayed declarations and signed and certified by heads of agencies, organizations or units and representatives of trade unions.

5. A meeting on publicization of declarations must be attended by at least two-thirds of summoned persons. The person presiding over a meeting shall himself/herself read out declarations or let persons with declaration obligation read out their own declarations. Minutes of a meeting must record notifications, questions and explanations about declared contents (if any) and bear signatures of the person presiding over the meeting and representatives of trade unions of agencies, organizations or units.

Article 12. Publicization of declarations of persons expected to be appointed to hold leadership or managerial positions at agencies, organizations or units

1. To-be-publicized declarations of persons expected to be appointed to hold leadership or managerial positions at agencies, organizations or units include initial declarations, declarations to be used for appointment and annual declarations or previous additional declarations.

The publicization shall be made in the form of disclosure at meetings to collect votes of confidence.

2. Before votes of confidence are collected, the person presiding over a meeting shall:

a/ Give voters who will cast votes of confidence copies of the declarations specified in Clause 1 of this Article;

b/ Read out or assign a person to read out the declaration for appointment and conclusions on asset and income verification (if any).

The person with declaration obligation shall give his/her opinions at meetings concerning his/her declarations (if any).

3. The publicization of asset and income declarations shall be recorded in minutes of meetings to collect votes of confidence.

Article 13. Publicization of declarations of persons expected to be appointed or elected to hold leadership or managerial positions at state enterprises

1. Declarations of person expected to be appointed or elected to hold  leadership or managerial positions at state enterprises shall be publicly disclosed at meetings to cast votes of confidence for appointment of such persons or at meetings for election of leadership or managerial positions.

2. The publicization of declarations of person expected to be appointed or elected to hold leadership or managerial positions at state enterprises must comply with Article 12 of this Decree. 

Chapter V

FORMULATION AND APPROVAL OF ASSET AND INCOME VERIFICATION PLANS

Article 14. Formulation of annual verification plans

1. Grounds for formulation of plans:

a/ Situation of corruption and anti-corruption work in sectors, fields or localities;

b/ Requirements and directions of competent anti-corruption agencies and organizations;

c/ Orientations for formulation of verification plans, which the Government Inspectorate assumes the prime responsibility for and coordinates with related agencies in formulating and submitting, to the Prime Minister for approval before October 31 every year;

d/ Capacity and conditions for achievement of verification targets specified in Article 15 of this Decree.

2. In pursuance to Clause 1 of this Article, ministers, heads of ministerial-level agencies and heads of government-attached agencies shall direct inspection agencies in formulating annual asset and income verification plans. Where no inspection agencies are available, they will direct units in charge of organization and personnel work to formulate such plans.

3. A verification plan must contain:

a/ Purposes and requirements of the plan;

b/ Number and name of agencies or units subject to verification;

c/ Total number of persons subject to verification and number of persons subject to verification in affiliates;

d/ Organization of implementation of the plan, persons assigned to direct the implementation, units assigned to carry out verification and resources for verification.

Article 15. Approval and implementation of verification plans

1. Before January 31 every year, heads of agencies controlling assets and incomes specified in Clauses 1, 3, 4, 5, 6, 7 and 8, Article 30 of the Anti-Corruption Law shall approve contents of and promulgate annual verification plans; provincial-level chief inspectors shall promulgate annual verification plans after chairpersons of provincial-level People’s Committees approve contents of such plans.

2. Agencies controlling assets and incomes must ensure number of agencies, organizations and units subject to verification in annual verification plans is equal to at least 20% of total number of agencies, organizations and units under their controlling competence; particularly for the Ministry of Public Security, Ministry of National Defense, Ministry of Foreign Affairs and Ministry of Finance, this rate is at least 10% .

3. Within 10 days after verification plans are promulgated, agencies controlling assets and incomes shall randomly select persons subject to verification. The selection shall be carried out publicly by drawing or using computer software.

Such agencies shall invite representatives of Party Inspection Commissions and Vietnam Fatherland Front Central Committees of the same level to attend and witness the random selection of persons subject to verification.

The number of persons to be selected for random verification must account for at least 10% of total annual number of persons with declaration obligation of an agency, organization or unit subject to verification, with at least 1 person being the head or deputy head of the agency, organization or unit.

Article 16. Criteria for selection of persons subject to verification under plans

The selection of persons with declaration obligation subject to verification under annual plans shall be based on the following criteria:

1. Persons with declaration obligation are those subject to annual asset and income declaration.

2. Persons with declaration obligation have not had their assets and incomes verified for four previous consecutive years.

3. Persons with declaration obligation are other than those who:

a/ Are being investigated, prosecuted or brought to trial;

b/ Undergo medical treatment for life-threatening diseases as certified by competent medical agencies;

c/ Are studying or on working trips overseas for 12 months or longer.

Chapter VI

PROTECTION, ARCHIVE, EXPLOITATION AND PROVISION OF INFORMATION FROM THE NATIONAL DATABASE ON ASSET AND INCOME CONTROL

Article 17. Principles of protection, archive, exploitation and provision of information from the national database on asset and income control

1. Information from the national database on asset and income control shall be adequately and accurately archived; effectively exploited and used for proper purposes in accordance with law; and must meet requirements of asset and income control, the state management of corruption prevention and combat and personnel management work.

2. The national database on asset and income control must be strictly and safely protected in accordance with law; up to information technology standards and technical regulations; ensure compatibility, safety and uninterrupted operation of the entire system of databases on asset and income control.

Article 18. Responsibility to protect and archive information on the national database on asset and income control

1. The Government Inspectorate shall:

a/ Build and operate the technical infrastructure system of the national database on asset and income control;

b/ Organize the apparatus and specialized staff to operate the national database on asset and income control in accordance with regulations of the Government and Prime Minister;

c/ Take measures to ensure security and safety for information on the national database on asset and income control;

d/ Take data backup measures to ensure possible remediation of incidents and restoration of data;

dd/ Take measures to maintain the national database on asset and income control so as to ensure its uninterrupted and stable operation.

2. The Ministry of National Defense, Ministry of Public Security and Ministry of Information and Communications shall guide and coordinate with the Government Inspectorate in protecting and archiving information on the national database on asset and income control.

Article 19. Exploitation and provision of information from the national database on asset and income control

1. The Government Inspectorate and agencies controlling assets and incomes shall provide information from the national database on asset and income control at the request of the National Assembly Standing Committee, President, Prime Minister, Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy, National Election Council, and other agencies and organizations specified at Points dd, e, g, h and i, Clause 1, Article 42 of the Anti-Corruption Law.

2. The Government Inspectorate and agencies controlling assets and incomes shall provide information from the national database on asset and income control at the request of competent agencies, organizations and units in charge of organization and personnel work or inspection of the Party, the National Assembly and central bodies of socio-political organizations.

3. Agencies controlling assets and incomes shall provide information from the national database on asset and income control at the request of inspection agencies, state audit offices, investigation agencies, People’s Procuracies and People’s Courts.

4. The provision of information from the national database on asset and income control about persons subject to control by different agencies controlling assets and incomes must comply with regulations on coordination specified in Clause 2, Article 1 of this Decree.

Chapter VII

HANDLING OF VIOLATIONS OF REGULATIONS ON ASSET AND INCOME CONTROL

Article 20. Handling of violations of regulations on asset and income control

1. Persons with declaration obligation who make untruthful declarations of assets and incomes or provide untruthful explanations about origins of their increased assets and incomes shall, depending on nature and severity of their violations, be disciplined in accordance with Article 51 of the Anti-Corruption Law.

2. Persons with declaration obligation who disperse or hide assets and incomes, obstruct asset and income control, or fail to submit declarations after being urged in writing twice shall, depending on nature and severity of their violations, be disciplined in the form of caution, salary grade lowering, demotion, dismissal, removal from office, forced resignation, military rank demotion or public security rank demotion.

Article 21. Handling of other violations in asset and income control

1. Heads of agencies, organizations and units who lack sense of responsibility in organizing declaration and publicization and submission of declarations shall, depending on nature and severity of their violations, be disciplined in the form of reprimand, caution or demotion.

2. Heads of agencies controlling assets and incomes, heads and members of asset and income verification teams who commit violations in the receipt of declarations, management and use of databases on asset and income control, verification, making of verification conclusions and publicization of verification results shall, depending on nature and severity of their violations, be disciplined in the form of reprimand, caution, demotion or dismissal.

3. Agencies, organizations, units and individuals that fail to fulfill or fail to properly, fully or promptly fulfill requests of agencies controlling assets and incomes shall, depending on nature and severity of their violations, be administratively sanctioned or disciplined in accordance with law.

4. Violations specified in Article 20 and Clauses 1, 2 and 3 of this Article that constitute crimes shall be examined for penal liability in accordance with law.

Article 22. Competence, order and procedures for disciplining persons committing violations of regulations on asset and income control

1. The disciplining of violators being cadres, civil servants and public employees must comply with regulations on disciplining of cadres, civil servants and public employees.

2. The disciplining of violators working in the People’s Army and People’s Public Security forces must comply with regulations on disciplining of the People’s Army and People’s Public Security.

3. The disciplining of violators being members of political organizations or socio-political organizations must comply with such organizations’ regulations.

Article 23. Publicization of violation handling decisions

1. A decision on disciplining of a person committing a violation of regulations on asset and income control shall be publicly displayed for 15 days at the agency, organization or unit where such person works.

In addition to the publicization of decisions, persons competent to impose discipline may select an additional form of disclosure at meetings of cadres, civil servants, public employees and workers of agencies, organizations and units or posting on websites of such agencies, organizations and units.

2. The administrative sanctioning and examination for penal liability of other violations in asset and income control must be publicized in accordance with law.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 24. Effect

This Decree takes effect on December 20, 2020.

To annul the Government’s Decree No. 78/2013/ND-CP of July 17, 2013, on transparency of assets and incomes.

Article 25. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations, units and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC