Decree No. 78/2013/ND-CP of July 17, 2013, on transparency of properties and incomes

THE GOVERNMENT

Decree No. 78/2013/ND-CP of July 17, 2013, on transparency of properties and incomes

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

Pursuant to Anti-Corruption Law No. 55/2005/QH11, which was amended and supplemented under Law No. 01/2007/QH12 and Law No. 27/2012/QH13;

At the proposal of the Government Inspector General;

The Government promulgates the Decree on transparency of assets and incomes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides the implementation of the provisions on transparency of properties and incomes in Section 4, Chapter II of the Anti-Corruption Law, including the declaration of properties and incomes, publicity of declarations; explanation of origin of additional properties; verification of properties and incomes; handling of violations of regulations on transparency of properties and incomes; responsibilities of agencies, organizations, units and individuals for the implementation.

Article 2. Subjects of application

Subject to his Decree are persons obliged to declare properties and incomes (below referred to as declarers) defined in Article 7 of this Decree; and agencies, organizations, units and individuals related to the declaration, publicity, explanation and verification of properties and incomes, and the handling of violations of regulations on transparency of properties and incomes.

Article 3. Interpretation of terms

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

1. Declaration of properties and incomes means clear, full and accurate declaration of properties and incomes of all kinds, changes in property and income which must be declared, and origin of additional properties according to the form of property and income declaration promulgated together with this Decree.

2. Publicity of property and income declarations means the publicization of information in the property and income declarations (below referred to as declaration) in the forms prescribed in this Decree.

3. Explanation of origin of additional properties means explanation and proving by declarers of the formation of their additional properties and incomes as compared to the previous declaration.

4. Verification of properties and incomes means consideration, assessment and conclusion by competent agencies, organizations, units and persons of the truthfulness and accuracy of the declaration of properties and incomes according to the order and procedures prescribed in the Anti-Corruption Law and this Decree.

Article 4. Purposes and principles of declaration of properties and incomes

1. The declaration of properties and incomes aims to enable competent agencies, organizations and units to know about properties and incomes of declarers in order to make such properties and incomes transparent; and serves the management of cadres, civil servants and public employees, contributing to preventing and stopping corruption.

2. Declarers shall declare by themselves information according to the declaration form and take responsibility for the accuracy, truthfulness and adequacy of declared contents.

3. Properties and incomes which must be declared are those under the ownership or use right of declarers, their spouses and minor children at the time of completion of the declarations.

 4. The value of declared properties and incomes is the sum of money paid at the time of purchase, transfer or construction or estimated at the time of donation or inheritance.

Click download to see the full text