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.

Article 5. Responsibilities of declarers

1. To truthfully, adequately, clearly and promptly declare information on quantity and value of properties and incomes and changes in property and income which must be declared in accordance with the Anti-Corruption ' and this Decree.

2. To truthfully, adequately and promptly explain contents related to the declaration of properties and incomes; and origin of additional properties at the request of competent agencies, organizations, units or persons.

3. To fully and promptly comply with requests of competent agencies, organizations, units or persons to serve the verification of properties and incomes.

4. To implement decisions of competent agencies, organizations, units or persons on handling violations of regulations on transparency of properties and incomes.

Article 6. Prohibited acts

1. Declaring properties and incomes, explaining origin of additional properties in an untruthful, incomplete and untimely manner; dispersing properties; hiding incomes in any form.

2. Illegally quoting or using declarations; taking advantage of transparency of properties and incomes to sow internal disunity; causing difficulties to or obstructing the verification of properties and incomes; defaming or hurting the honor and prestige of persons whose properties and incomes are verified or for committing violations.

3. Intentionally tampering with or destroying declarations.

4. Tampering with verification dossiers and results; disclosing information of dossiers of verification of properties and incomes without permission of competent persons.

Chapter II

DECLARATION OF PROPERTIES AND INCOMES

Article 7. Declarers

1. Full time National Assembly deputies, full-time People’s Council deputies, candidates for the National Assembly or People’s Councils, persons expected to be elected or accredited by the National Assembly or People’s Councils.

2. Caches and civil servants holding the post of deputy head of section of district-level People’s Committee or higher posts and persons entitled to allowances for equivalent posts in agencies, organizations and units.

3. Commanding officers holding the rank of battalion deputy commander or higher ranks and persons entitled to allowances for ranks equivalent to battalion deputy commander or higher ranks in the People’s Army; commanding officers holding the rank of battalion deputy commander or higher ranks, deputy chief of police offices of wards or townships, or deputy head of team, or higher ranks in the People’s Public Security.

4. Persons holding a post equivalent to deputy head of section in hospitals, research institutes, newspaper or magazine agency, management units of construction investment projects funded with the state budget or using state assets and management units of construction investment projects funded with official development assistance (ODA).

5. Principals and deputy principals of preschools, primary schools, lower and upper secondary schools and continuing education centers; persons holding a post equivalent to deputy head of section in state universities, colleges, professional secondary schools and vocational schools.

6. Members of the Board of Directors, Members’ Council and Control Board, controllers, persons holding a managerial post equivalent to deputy head of section in state enterprises, and persons representing the state capital or capital of state enterprises and holding the managerial post of deputy head of section or a higher post in enterprises invested by the State or state enterprises.

7. Party Committee secretaries and deputy secretaries, chairpersons and vice chairpersons of People’s Councils, chairpersons, vice chairpersons and members of People’s Committees of communes, wards or townships; police chiefs, military commanders, and cadastral, construction, financial, justice - civic registration officers of communes, wards or townships.

8. Investigators, procurators, verifiers, judges, court clerks, state auditors, inspectors, executors, state public notaries.

9. Persons holding no managerial post in state agencies, agencies of the Party, socio-political organizations, public non-business units, units of the People’s Army and the People’s Public Security and engaged in the management of the state budget and assets or directly receiving and settling affairs of agencies, organizations, units and individuals in the fields specified in the List attached to this Decree.

Article 8. Properties and incomes to be declared

1.       Houses and construction works of all kinds:

a/ Houses and other construction works with ownership certificates;

b/ Houses and other construction works without ownership certificates or with ownership certificates bearing the names of persons other than obligatory declarers;

c/ Houses and other construction works under state ownership which are currently rented or used.

2.       Land use rights:

a/ Land use rights with use rights certificates;

b/ Land use rights without use rights certificates or with use rights certificates bearing the names of persons other than obligatory declarers.

3. Cash, loans, and sums of money deposited at domestic or foreign individuals and organizations valued at VND 50 million or more each.

4. Properties abroad.

5. Automobiles, motorcycles, motorbikes, ships, boats and other movables managed by the State (subject to use registration as prescribed by law and having registration papers) and valued at VND 50 million or more each.

6. Precious metals, gemstones, stocks and

other valuable papers valued at VND 50 million or more.      ,

7. Payable debts valued at VND 50 million or more.

8. Total income in a year.

Article 9. Order and procedures for declaration and receipt of declaration

1.       By the 30th of November every year at the latest, units of sections in charge of Organization and personnel shall make lists of declarers, then submit them to heads of agencies, organizations or units for approval; send the declaration form to, guide and request declarers to make properly and income declaration.

2. Within 10 working days after receiving the declaration form, declarers shall complete their declarations and submit then to units or sections in charge of organization and personnel.

3. Within 7 working days after receiving a declaration, the unit or section in charge of organization and personnel shall check the completeness of declared contents .3B case the declaration is improper (according to the form), the unit or section shall request re-declaration. The time limit for making re-declaration is 3 working days after the request is received. The unit or section in charge of organization and personnel shall keep the original or one copy of the declaration according to its competence and concurrently send one copy to the responsible agency, organization or unit for publicization of the declaration under regulations.

4. The declaration of properties and incomes must be completed no later than December 31 every year.

Article 10. Management and use of declarations

1.       Declarations are preserved together with dossiers of cadres, civil servants and public employees. Declarers shall keep copies of their declarations. For declarers managed by Party Committees (under regulations on person management decentralization), the unit in charge of organization and personnel shall make 2 copies of the declaration, submit the original declaration to the organization committee of the same-level Party Committee, keep one copy and send the other copy to the inspection agency of the same-level Party Committee competent to manage cadres (for supervision and verification as prescribed).

When declarers are transferred to other agencies, organizations or units, their declarations must be handed over together with their personal dossiers to the new agencies, organizations or units. When declarers retire or resign, their declarations must be preserved under regulations on management of dossiers of cadres, civil servants and public employees.

2.  Declarations are used in the following cases:

a/ To serve the election, approval, appointment, removal from office, relief from duty, dismissal and disciplining of persons obliged to declare properties and incomes;

b/ To serve the operation of agencies, organizations and units competent to publicize, examine, inspect, audit, investigate, verify,

conclude on and handle corrupt acts;

c/ To serve other requirements related to organization and personnel work.

Article 11. Procedures for reference to and use of declarations

1. When necessary to refer to or use declarations kept together with dossiers of cadres, civil servants and public employees, persons conducting the reference or use must have letters of introduction of agencies, organizations or units that need to refer to or use such declarations, clearly stating full names and posts of persons conducting the reference or use and purposes of the reference or use.

2. The reference to and use of declarations must be conducted at agencies managing such declarations. When necessary to refer to or use a declarations at another place, the consent of the person competent to manage the obligatory declarer and the written record of handover of the declaration are required.

3. The reference to and use of declarations must comply with Clause 2, Article 10 of this Decree.

Article 12. Responsibilities of heads of agencies, organizations and units in making, publicizing and managing declarations

1. To organize and direct the timely declaration, and publicization involving right persons and according to the order and procedures prescribed in the Anti-Corruption Law and this Decree.

2. To take responsibility for violations of regulations on making and publicization of declarations within their agencies, organizations and units in accordance with law.

3. To direct the management, use of and reference to declarations under regulations.

Chapter III

PUBLICIZATION OF DECLARATIONS AND EXPLANATION ABOUT DECLARATION OF PROPERTIES AND INCOMES

Article 13. Form and time of publicization of declarations

1.       Heads of agencies, organizations and units shall decide to publicize property and income declarations of their cadres, civil servants and public employees in either of the following forms: Posting up at their offices or announcement at a meeting with participants specified in Article 14 of this Decree after annual summarization.

2.       Positions at which declarations are posted up must be safe and easy for every person in agencies, organizations and units to read. The duration for posting up is at least 30 consecutive days.

3.       Declarations must be publicized after units or sections in charge of organization and personnel complete the examination of declarations under Clause 3, Article 9 of this Decree, and before March 31 of the subsequent year.

Article 14. Scope of publicization of declarations at meetings

1.       At the central level:

a/ Cadres and civil servants who hold the post of minister and equivalent or higher post shall publicize their declarations to persons that make annual confidence votes for them;

b/ Cadres and civil servants who hold the post of deputy minister, general department director, general department deputy director and equivalent or higher post shall publicize their declarations to departmental-level or equivalent leaders and higher post holders of their agencies;

c/ Cadres and civil servants who hold the post of department director, department deputy director and equivalent post shall publicize their declarations to section heads, equivalent and higher post holders in their agencies. For agencies that have no sections, they shall publicize declarations to all civil servants and public employees in their agencies.

d/ Declarers not mentioned at Points a, b and c above shall publicize their declarations before all civil servants and public employees in their sections, divisions or units. If payrolls of sections, divisions or units cover 50 persons or more divided into groups or teams, declarations must be publicized to such groups or teams

2.  At local levels:

a/ Secretaries and deputy secretaries of provincial-level Party Committees, chairpersons and vice chairpersons of provincial-level People’s Councils and People’s Committees, standing deputies of People’s Councils and heads of commissions of provincial-level People’s Councils and other members of provincial-level People’s Committees shall publicize their declarations to persons that make annual confidence votes, including leaders of provincial-level People’s Committees and People’s Councils, deputies of provincial-level People’s Councils, provincial-level department directors, heads of agencies and units attached to provincial-level People’s Councils and People’s Committees.

b/ Provincial-level department directors and deputy directors and equivalent post holders, heads of agencies and units attached to provincial-level People’s Councils and People’s Committees shall publicize their declarations to section leaders and equivalent and higher post holders in their departments, agencies or units;

c/ Secretaries and deputy secretaries of district- or commune-level Party Committees, chairpersons and vice chairpersons of district- or commune level People’s Councils and People’s Committees, heads of commissions of district or commune-level People’s Councils, other members of district or commune-level People’s Committees shall publicize their declarations to persons that make annual confidence votes for them including leaders of district or commune level People’s Committees and People’s Councils, deputies of district- or communji4evel People’s Councils, heads of sections, divisions, agencies and units attached to district-or commune-level People’s Councils and People’s Committees;

d/ Declarers not mentioned at Points a, b and c above shall publicize their declarations to all civil servants and public employees of their sections, divisions or units. If payrolls of sections, divisions or units cover 50 persons or more divided into groups or teams, declarations must be publicized to such groups or teams.

3. At enterprises:

a/ Chairpersons of Members’ Councils (management), directors general, deputy directors general, heads of Control Boards, controllers and chief accountants of state

groups and corporations (companies) shall publicize their declarations to members of Members’ Council (management), directors general, deputy directors general, heads of Control Boards, controllers, chief accountants and heads of units attached to such groups and corporations, chairpersons of Members’

Councils (management), directors general (directors), corporations (companies) attached to, and heads of mass organizations in these state groups and corporations;

b/ Persons who represent state capital or capital of state enterprises and hold the post of deputy head of section or higher post in enterprises invested by the State or state enterprises shall publicize their declarations in the groups or corporations (companies) that assign them to act as capital representatives to members of Members’ Councils (management), directors general, deputy directors general, Control Board (controllers) and chief accountants. Representatives of state capital who are cadres, civil servants and public employees shall publicize their declarations under Clauses 1 and 2 of this Article.

c/ Declarers not mentioned at Points a and b of this Clause shall publicize their declarations to the collectives of their sections, divisions or units. If payrolls of sections, divisions or units cover 50 persons or more divided into groups or teams, declarations must be publicized to such groups or teams.

Article 15. Explanation about origin of additional properties

1. Declarers shall explain and take responsibility for the accuracy, truthfulness and timeliness of information on origin of additional properties.

2. Types of additional properties subject to origin explanation include:

a/ Properties specified in Clauses 1 and 2, Article 8 of this Decree, when there is an additional quantity or a change in grade of house or work or category of land as compared to the previous declaration;

b/ Properties specified in Clauses 3, 4, 5 and 6, Article 8 of this Decree, when there is an additional quantity or a change in their type, provided the additional value is VND 50 million or more compared to the previous declaration.

3. The explanation about origin of additional assets must be made upon the declaration of properties according to the declaration form and at the request of competent agencies, organizations, units or persons.

Article 16. Explanation about declaration of properties and incomes

1. When having any of the grounds provided in Clause 1, Article 47 of the Anti- Corruption Law, heads of competent agencies, organizations or units shall request in writing persons expected to be subject to verification to clearly explain their declaration of properties and incomes.

2. Within 5 working days after receiving a request, a person expected to be subject to verification shall make a written explanation. Such explanation must confirm the accuracy, truthfulness, adequacy and timeliness of the declaration of properties and incomes; and clearly explain the origin of additional properties and incomes and other relevant information requested by competent agencies, organizations and persons.

3. In case heads of competent agencies, organizations or units consider explanations of persons expected to be subject to verification clear, they are not required to conduct verification and may promptly make conclusions on transparency of the declaration of properties and incomes by such persons.

Chapter IV

VERIFICATION OF PROPERTIES AND INCOMES

Article 17. Decisions on verification of properties and incomes

1.  If finding the explanations given by persons expected to be subject to verification unclear, heads of competent agencies, organizations or units shall issue decisions on verification of properties and incomes (below referred to as verification decisions)

2.  A verification decision must contain following details:

a/ Grounds for issuance of the decision;

b/ Full name, post and office of the person subject to verification;

c/ Full name, post and office of the verifier; in case of forming a verification team, full names, posts and office of heads and members of the verification team (collectively referred to as verifier);

d/ Verification contents;

dd/ Verification time limit;

e/ Tasks and powers of the verifier;

g/ Coordinating agencies, organizations units (if any).

3. The time limit for verification is 15 working days. For complicated cases, the time limit may be longer but must not exceed 30 working days.

4. In case verification contents involve complicated circumstances relating to many sectors and taking place in a wide area, the verification decider may form a verification team and request related agencies, organizations and units to appoint their persons to join the verification team.

Article 18. Agencies and units verifying properties and units

1.       In case persons subject to verification are managed by Party Committees, agencies competent to conduct verification are Party inspection agencies at the same level, specifically as follows:

a/ The Central Party Inspection Agency is competent to verify properties and incomes of persons who are cadres or civil servants managed by the central government. In case of necessity, it may requisition officers of the Government Inspectorate to participate in the verification;

b/ Provincial-level Party inspection agencies are competent to verify properties and incomes of persons who are cadres or civil servants managed by provincial-level Party Committees or equivalent level. In case of necessity, they may requisition officers of provincial- or ministerial level inspectorates to participate in the verification;

c/ District-level Party inspection agencies are competent to verify properties and incomes of persons who are cadres or civil servants managed by district-level Party Committees or equivalent level. In case of necessity, they may requisition officers of district-level inspectorates to participate in the verification.

2.       In case persons subject to verification are working at Party agencies but are not managed by Party Committees, units competent to verify their properties and incomes are determined as follows:

a/ Units in charge of organization and personnel of Party agencies at the central and provincial levels are competent to verify properties and incomes of persons who are working in such agencies, organizations or units;

b/ Organization commissions of district Party Committees or equivalent level are competent to verify properties and incomes of persons who are working in Party agencies at the district and commune levels.

3.  In case persons subject to verification are neither managed by Party Committees nor working in Party agencies, agencies competent to verify their properties and incomes are determined as follows:

a/ At the central level: Inspectorates of ministries or ministerial-level agencies, and units in charge of organization and personnel of government-attached agencies are competent to verify properties and incomes of persons who are working in agencies, organizations or units attached to such ministries, ministerial-level agencies or government-attached agencies. In case of necessity, inspectorates shall assume the prime responsibility for, and coordinate with and mobilize officers of units in charge of organization and personnel of agencies, organizations and units attached to ministries or ministerial-level agencies in, conducting the verification;

b/ At the provincial level: Provincial inspectorates are competent to verify properties and incomes of persons who are working in agencies, organizations and units in provinces or centrally run cities. In case of necessity, they shall assume the prime responsibility for, and coordinate with and mobilize officers of provincial-level home affairs departments and department inspectorates in, conducting the verification.

Provincial-level department inspectorates are competent to verify properties and incomes of persons who are working in agencies, organizations and units attached to provincial- level departments. In case of necessity, they hall assume the prime responsibility for, and coordinate with and mobilize officers of units in charge of organization and personnel of agencies, organizations and units attached to provincial-level departments in, conducting the verification.

c/ At the district level: District-level inspectorates are competent to verify properties and incomes of persons who are working in agencies, organizations and units of districts, towns or provincial cities and commune-level cadres and civil servants. In case of necessity, they shall assume the prime responsibility for, and coordinate with and mobilize personnel of home affairs sections and related professional sections and divisions of district-level People’s Committees in, conducting the verification;

d/ In state enterprises: Units in charge of internal inspection and examination, organization and personnel are competent to verify properties and incomes of persons who are working in organizations and units of such enterprises.

4.       Inspection and examination agencies, units in charge of organization and personnel of other state agencies at the central level, central agencies of mass organizations, and provincial- level agencies of socio-political organizations are competent to verify properties and incomes of persons who are working in such agencies or organizations but not managed by Party Committees.

Units in charge of organization and personnel are competent to verify properties and incomes of persons who are working in district-level agencies of socio-political organizations. In case of necessity, they may request in writing district- level examination committees to coordinate with them in conducting the verification.

5.       Upon detecting violations of law, Government Inspectorate is competent to re- verify the properties and incomes verified by agencies defined in Clause 3 of this Article.

Article 19. Contents of verification of properties and incomes

Contents of verification of properties and incomes are truthfulness, adequacy, clarity and timeliness of information on quantity and value of properties and incomes, descriptions of properties and incomes, changes in properties, explanations about changes in properties and origin of additional properties, and other related contents in declarations of persons subject to verification.

Article 20. Activities involved in the verification of properties and incomes

In the course of verification of properties and incomes, verifiers shall:

1. Study dossiers and document related to verification contents;

2. Work directly with persons subject to verification;

3. Verify on the spot properties and incomes subject to verification;

4. Work with agencies, organizations or units managing and preserving dossiers and documents on properties and incomes subject to verification;

5. Work with agencies, organizations and individuals having professional and technical expertise related to properties and incomes subject to verification in valuating and assessing such properties and incomes;

6. Work with other related agencies, organizations and individuals in verifying properties and incomes.

7. Conduct other activities necessary for the verification.

Article 21. Powers and responsibilities of verifiers

1. To request persons subject to verification to explain and provide information and documents related to verification contents.

2. To request agencies, organizations and individuals that have information and documents  related to verification contents to provide such information and documents.

3. To propose competent agencies, organizations and units to apply necessary measures to prevent acts of dispersing properties and incomes, obstructing or illegally intervening in the verification.

4. To ensure the objectivity, truthfulness, accuracy and timeliness of the verification and compliance with the contents and time limit stated in verification decisions.

5. To keep confidential information and documents collected in the course of verification.

6. To report verification results to competent persons and take responsibility for the accuracy, truthfulness and objectivity of their reports.

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

People’s Committees at all levels, police offices, house and land management agencies, tax offices, banks and other related agencies, organizations, units and individuals shall:

1. Assign their persons to work with verifiers during the verification;

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

3. Conduct activities within the ambit of their powers and professional fields to serve the verification and clarification of necessary information in the course of verification or prevention of acts of dispersing properties and incomes and obstructing the verification of properties and incomes.

Article 23. Working minutes

1. Working sessions between verifiers and persons subject to verification and between verifiers and related agencies, organizations, units and individuals must be recorded in minutes.

2. A working minutes must have the following details:

a/ Working time and place;

b / Participants;

c/ Working contents;

d/ Contents on which agreement has been reached at the working session;

dd/ Reserved opinions (if any).

Article 24. Reports on results of verification of properties and incomes

1. Within 5 working days after the verification is completed, the verifier shall make a report on results of verification of properties and incomes, and send it to the verification decision issuer.

2. A report on results of verification of properties and incomes must have the following details:

a/ Verification contents and activities conducted and verification results;

b/ The verifier’s comments on the declaration of properties and incomes;

c/ Proposed handling of the dishonest declarer.

Article 25. Conclusions on transparency of the declaration of properties and incomes.

1. Within 5 working days after receiving a report on verification results, the head of the competent agency, organization or unit managing the declarer shall make conclusions on the transparency of the declaration of properties and incomes.

2. Conclusions on transparency of the declaration of properties and incomes must clearly state the consistency between the declaration and the verification results. In case the verification results and the declaration are inconsistent, conclusions on the untruthfulness must be made, clearly stating the difference between the quantity of properties and incomes and descriptions of and changes in properties and incomes, and origin of additional properties; and verifiers shall decide or request competent persons to handle dishonest declarers.

Conclusions on transparency must be sent to persons subject to verification.

3.  In case a person subject to verification of properties and incomes requests review of conclusions, the person competent to make conclusions shall review and respond to the requester within 5 working days after receiving the request. In case the person subject to verification disagrees with the review, he/she may request the head of the agency, organization or unit directly superior to the person making conclusions to consider and settle the matter. Within 5 working days, the request-receiving person shall consider and reply the request.

Article 26. Publicization of conclusions on transparency of the declaration of properties and incomes

1.  Within 5 working days after receiving a request for publicization of conclusions on the transparency of the declaration of properties and incomes, the issuer of conclusions on the transparency of the declaration of properties and incomes shall publicize such conclusions.

2. Regarding the verification of properties and incomes to serve the relief from office, dismissal or disciplining of a person subject to verification or when such person commits a corrupt act, the person who has issued written conclusions on transparency of the declaration of properties and incomes shall promptly publicize such conclusions.

3. Written conclusions on transparency of the declaration of properties and incomes must be publicized: 

a/ In agencies, organizations or units where persons subject to verification of properties and incomes work;

b/ At meetings of voters of localities where persons subject to verification of properties and incomes stand for election of deputies to the National Assembly or People’s Councils;

c/ At meetings or congresses where persons subject to verification of properties and incomes are nominated for election or approval by the National Assembly, People’s Councils or congresses of political or socio-political organizations.

Article 27. Dossiers of verification of properties and incomes

The verification of properties and incomes must be recorded in writing. Dossiers of verification of properties and incomes must be managed by agencies or units competent to conduct verification. A dossier of verification comprises:

1. Verification decision; working minutes; explanations of the person subject to verification; the report on verification results;

2. Written conclusions on transparency of the declaration of properties and incomes;

3. Written requests and proposals of the issuer of the verification decision and the verifier;

4. Results of valuation and assessment in the course of verification (if any);

5. Other documents related to the verification.

Chapter V

HANDLING OF VIOLATIONS OF REGULATIONS ON TRANSPARENCY OF PROPERTIES AND INCOMES

Article 28. Handling of violations of the time limit for transparent declaration of properties incomes

Persons who delay organizing the declaration or declaration publicization; persons who delay making declarations or explanations; persons who delay reviewing and reporting on results of transparency of properties and incomes beyond the time limit prescribed in this Decree without any plausible reason shall, depending on the nature and severity of their violations, be disciplined as follows:

a/ Those who delay performing their obligation for between over 15 and 30 days shall be reprimanded;

b/ Those who delay performing their obligation for between over 30 and 45 days shall be cautioned;

c/ Those who delay performing their obligation for over 45 days shall be subject to the disciplinary form one level severer than caution.

Article 29. Disciplining of persons who untruthfully declare their properties and incomes or explain origin of their additional properties

Persons who untruthfully declare their properties and incomes or explain origin of their additional properties shall, depending on the nature and severity of their violations, be disciplined as follows:

a/ For cadres, one of the disciplinary forms of reprimand, caution, removal from office or dismissal is applied;

b/ For civil servants, one of the disciplinary forms of reprimand, caution, salary lowering, demotion or removal from office is applied;

c/ For public employees, one of the disciplinary forms of reprimand, caution or removal from office is applied;

d/ For persons working in state enterprises, one of the disciplinary forms of reprimand, caution or removal from office is applied;

dd/ For persons working in agencies or units of the People’s Army or the People’s Public Security, the regulations on disciplining in the People’s Army or the People’s Public Security are applied.

Article 30. Handling of persons responsible for verification of properties and incomes

1. Verification requesters, verification decision issuers, verifiers and persons competent to make conclusions on transparency of the declaration of properties and incomes who violate regulations on verification of properties and incomes shall, depending on the nature and severity of their violations, be disciplined in accordance with law. In case they do any harm to persons subject to verification, they shall remedy consequences and make written public corrections and send them to persons subject to verification and agencies, organizations or units where such persons work.

2. Heads of and persons assigned to provide information and documents in agencies and units related to the management of land, houses, architectures, taxation, finance, banks and other related agencies and units who fail to serve or inadequately or untimely serve the verification as requested shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability in accordance with law.

3. Persons who disclose information in dossiers of verification of properties and incomes without permission of competent persons shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability in accordance with law.

Article 31. Competence, order and procedures for disciplining persons violating regulations on transparency of properties and incomes

1. Cadres, civil servants and public employees shall be disciplined in accordance with the provisions of law on disciplining of cadres, civil servants and public employees.

2. Persons working in the People’s Army and the People’s Public Security shall be disciplined under disciplining regulations of the People’s Army and the People’s Public Security.

3. Persons working in state enterprises shall be disciplined under disciplining regulations of state enterprises.

4. Persons working in political or socio- political organizations shall be disciplined under disciplining regulations of such organizations.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 32. Responsibilities to guide, urge, examine, inspect, and summarize results on transparency of properties and incomes

1. Heads of agencies, organizations and units shall guide, urge, examine, inspect, and summarize results of declaration, publicization, verification, conclusion and handling of violations in transparency of properties and incomes, manage declarations of declarers under their management; and periodically report on results to same-level inspectorates.

2. Party organization committees at all levels shall manage declarations and summarize declarations of declarers managed by Party Committees in accordance with the Party’s regulations on personnel management decentralization; and periodically send data on summarized declaration results to same level inspectorates.

3. Home affairs agencies at all levels shall guide, urge, examine, inspect, and summarize results of declaration, verification, conclusion and handling of violations in transparency of properties and incomes of declarers, working in agencies of social and socio- professional organizations and other organizations and units using the state budget and assets; and periodically report results to same- level inspectorates.

4. Party inspection agencies at all levels shall summarize results of verification, conclusion, publicization and handling of violations in transparency of properties and incomes of declarers managed by Party Committees in accordance with the Party’s regulations on personnel management decentralization; and periodically send summarization data to same- level inspectorates.

5. State inspectorates at all levels shall guide, urge, examine, inspect, and summarize results of declaration, publicization, verification, conclusion and handling of violations in transparency of properties and incomes within their ministries, sectors or localities; and periodically report results to higher-level state inspectorates.

The Government Inspectorate shall guide, urge, examine, inspect, and summarize results of declaration, publicization, verification, conclusion and handling of violations in transparency of properties and incomes nationwide.

6.  Ministries, ministerial-level agencies, government-attached agencies and provincial- level Pete’s Committees shall:

a/ Organize, direct, disseminate, urge and examine the implementation of regulations on transparency of properties and incomes within their ministries, sectors, localities or agencies;

b/ Review and annul according to their competence or propose competent agencies and organizations to annul regulations contrary to the precisions on transparency of properties and incomes of the Anti-Corruption Law and this Decree.

c/ Commend and reward collectives and individuals that record merits and strictly handle persons who violate regulations on transparency of properties and incomes.

Article 33. Supervision by the Vietnam Fatherland Front and its member organizations

1. The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, supervise the implementation of the law on transparency of properties and incomes.

2. When necessary, responsible state agencies shall invite representatives of the Vietnam Fatherland Front and its member organizations to participate in supervising, inspecting and examining the implementation of the law on transparency of properties and incomes. The Vietnam Fatherland Front and its member organizations shall provide information and nominate their persons to participate in the supervision when requested.

3. The Vietnam Fatherland Front and its member organizations shall receive opinions and reports of people and requests of competent agencies for examination and handling of violations of the law on transparency of properties and incomes.

4. In case of detecting signs of non- transparency of properties and incomes, the Vietnam Fatherland Front or its member organizations shall request competent agencies and organizations to examine and handle the case. Within 15 working days after receiving a request, the responsible agency, organization or person shall examine and handle the case and report handling results to the Vietnam Fatherland Front and its member organizations.

5. The Vietnam Fatherland Front and its member organizations in communes, wards or townships may detect and propose handling of violations of the law on transparency of properties and incomes of individuals residing in such communes, wards or townships but working in other places.

Article 34. Effect

1. This Decree takes effect on September 5,2013.

2. This Decree replaces the Government’s Decree No. 37/2007/ND-CP of March 9,2007, on transparency of properties and incomes, and Decree No. 68/2011/ND-CP of August 8, 2011, amending and supplementing a number of articles of Decree No. 37/2007/ND-CP.

Article 35. Implementation responsibility

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

On behalf of the Government

Prime Minister

NGUYEN TAN DUNG