Circular No. 01/2010/TT-TTCP amending and supplementing certain provisions of Circular No. 2442/2007/TT-TTCP dated November 13, 2007, issued by the Government Inspectorate guiding the implementation of several articles of Decree No. 37/2007/NĐ-CP dated March 9, 2007, of the Government on asset and income transparency.

Article 1. Amending and supplementing certain provisions (as shown by: Part, Section, Clause, Point, Subpoint) of Circular No. 2442/2007/TT-TTCP dated November 13, 2007 of the Government Inspectorate as follows:

1. Supplementing Clause 1 of Section II Part 1 as follows:

1.1. Persons subject to declaration under Clause 2, Article 6 of Decree No. 37/2007/NĐ-CP are those holding positions from deputy head of department of provincial People's Committee and equivalent upwards, including:

a) Cadres, civil servants, and officials in Party organizations, state agencies, and public service units at central, provincial, and district levels; in units of the People's Army that are not non-commissioned officers, professional soldiers, or defense workers; in units of the Public Security Force that are not officers or professional non-commissioned officers;

b) Those appointed or assigned by the Party and State to work in political-social-professional organizations, social organizations, and social-professional organizations.

1.2. Persons subject to declaration under Clause 8, Article 6 of Decree No. 37/2007/NĐ-CP: For economic groups, corporations, state-owned enterprises, and joint-stock companies with state capital contributions, the subjects required to declare assets and income must meet both of the following conditions:

a) Holding one of the positions of general director, deputy general director, director, deputy director, chairman of the board of directors, vice-chairman of the board of directors, member of the board of directors, head of the supervisory board, deputy head of the supervisory board, member of the supervisory board, chief accountant, head of department, deputy head of department, head of division, deputy head of division within economic groups, corporations, state-owned enterprises, and joint-stock companies with state capital contributions;

b) These positions are held by appointment or nomination by competent state authorities; or elected and nominated by the shareholders' meeting or board of directors of joint-stock companies and are representatives of state capital in these companies.

1.3. Persons subject to declaration according to Clause 11, Article 6 of Decree No. 37/2007/NĐ-CP are determined based on the List of persons subject to asset and income declaration issued together with Decision No. 85/2008/QĐ-TTg dated July 3, 2008 of the Prime Minister.

2. Amending and supplementing Clause 2 of Section I Part 2 as follows:

2. After the list of persons subject to declaration has been approved, the unit responsible for organizational and personnel work shall provide the declaration form and guide the declaration process:

a) If declaring for the first time, the declarant must sign and write their full name, date of declaration on the Declaration Form and does not need to fill in the information regarding increases or decreases in assets and income (the section on changes in assets) according to Model No. 01 issued together with Decree No. 37/2007/NĐ-CP.

b) If declaring supplementary information, then declare according to Model No. 01A issued together with this Circular replacing Model No. 01 issued together with Circular No. 2442/2007/TT-TTCP (Model No. 01A is Model No. 01 issued together with Circular No. 2442/2007/TT-TTCP supplemented with boxes marked for increases and decreases; removing the box for assets and income requiring declaration if there is a change). When declaring, follow the procedure as follows:

- If there is no change in assets and income to be declared during the declaration period, mark (X) in the corresponding box.

- If there is a change in assets and income to be declared during the declaration period, mark (X) in the box for increase or decrease and declare in detail the increased or decreased income and assets according to the model.

- For declarations about houses and other construction works.

+ No need to declare official housing (if any);

+ Houses and other construction works to be declared include: residential houses, factories, restaurants, clubs, and other construction works (including those rented out to others).

+ If there is a certificate of ownership of the house, mark (X) in the box indicating possession; if there is no certificate of ownership of the house, mark (X) in the box indicating no possession and explain the reason (rented from the state, certificate of ownership of the house is in another person's name without transfer procedures, etc.);

+ If there is additional housing or construction work, declare it similarly to the first and second houses or construction works.

- For declarations about land use rights.

+ Land use rights to be declared include: residential land, agricultural land, forest land, aquaculture land, specialized land, etc.;

+ If there is a certificate of land use rights, mark (X) in the box indicating possession; if there is no certificate of land use rights, mark (X) in the box indicating no possession and explain the reason (certificate of land use rights is in another person's name without transfer procedures, etc.);

+ For additional plots of land (if any), declare them similarly to the first and second plots of land.

- For declarations about income.

The declaration includes salary, allowances attached to salary, and other income (if any).

- For the declaration in items 6, 7, 8, 9: Only declare if the total value of each type of asset is 50 million VND or more; the valuation of declared assets is self-assessed by the declarant according to market prices at the time of declaration.

For example, if there are 3 motorcycles with a total estimated value at the time of declaration in December 2008 being 50 million VND, then it must be declared; if less than 50 million VND, it does not need to be declared.

3. Amend Clause 5 Section I Part 2 as follows:

5. The retention of declarations shall be carried out as follows:

a) If the declarant is not under the management of the Party Committee according to the regulations on分级管理干部的规定，则声明应与其档案一起保存在其负责组织和人事工作的单位；声明人有责任保留其声明的副本。

b) If the declarant is under the management of the Party Committee according to the regulations on分级管理干部的规定，负责组织和人事工作的单位应制作两份正本副本；将原件提交给同级党的组织部门；在单位留存一份副本；向同级党的纪律检查委员会发送一份副本（以供监督和核实工作之用）。

As for the declarations of those who are under the management of the Party Committee and previously had three copies made (one sent to the same-level Party's disciplinary inspection committee responsible for managing cadres; one sent to the same-level state audit agency; one retained at the unit responsible for organizational and personnel work), such agencies and units shall manage the declarations in accordance with the regulations on managing cadre files.

4. Add Part 5a after Part 5 as follows:

Part 5a: HANDLING VIOLATIONS OF THE PROVISIONS ON ASSET AND INCOME TRANSPARENCY

Chapter I: Handling of the act of delaying declaration, organizing declaration, summarizing, and reporting results on asset and income transparency without justifiable reasons shall be carried out as follows:

1. Apply the form of administrative sanction of reprimand against:

a) A person obligated to declare assets and income who delays declaration more than 15 days but within 30 days from the deadline set by the head of the agency, organization, or unit;

b) A person responsible for summarizing and reporting results on asset and income transparency who delays more than 15 days but within 30 days from the deadline set by the head of the agency, organization, or unit.

2. Apply the form of administrative sanction of warning against:

a) A person obligated to declare assets and income who delays declaration more than 30 days but within 45 days from the deadline set by the head of the agency, organization, or unit, or has already been reprimanded for delayed declaration and still violates this provision;

b) A person responsible for summarizing and reporting results on asset and income transparency who delays more than 30 days but within 45 days from the deadline set by the head of the agency, organization, or unit, or has already been reprimanded for delayed summarization and reporting and still violates this provision.

3. Apply a heavier administrative sanction than the warning sanction against a person who delays declaration, organizing declaration, summarizing, and reporting results on asset and income transparency more than 45 days from the deadline set in Clause 2 of this Article.

4. The authority, procedure, and process for handling administrative sanctions against persons obligated to declare who are civil servants, public officials, or employees violating the provisions in Clause 1, Clause 2, and Clause 3 of this Article shall be implemented in accordance with the laws on handling administrative sanctions for civil servants, public officials, and employees.

Chapter II: Handling violations related to the management, exploitation, and use of declarations on assets and income; administrative sanctions against persons declaring assets and income dishonestly, and responsibility in verifying assets and income shall be carried out in accordance with Article 14, Article 33, Article 34, and Article 35 of Decree No. 37/2007/ND-CP.

Chapter III: After the agency, organization, or unit handles administrative sanctions against civil servants, public officials, or employees who are party members violating the provisions on asset and income transparency, they must report to the Party Committee and the Party's Disciplinary Inspection Committee with authority for examination and handling of party administrative sanctions in accordance with the Party's regulations.

5. Amend and supplement Section V, Part 6 as follows:

V. Guidance, urging, inspection, and responsibility for reporting on declaration, verification, conclusion, and publicizing the conclusion.

1. At the Central Level:

a) The Minister, the head of a ministry-equivalent agency, the head of an agency under the Government, the heads of central committees of the Party, the Central Inspection Commission, the Central Party Office, the Party Committee of the Central Agencies, the Party Committee of the Central Enterprises, the Central Committee of the Vietnam Fatherland Front, the Office of the President, the Office of the National Assembly, the Ethnic Council, the Committees of the National Assembly, the Supreme People's Procuratorate, the Supreme People's Court, the Office of the Central Steering Committee for Anti-Corruption, and political-social organizations at the central level have the responsibility to guide, urge, inspect, and summarize the results of asset and income declarations and the management of declarations for persons obligated to declare under their management; regularly report the results to the Government Inspectorate.

b) The Central Organization Department manages declarations and summarizes the results of declarations for persons obligated to declare under the management of the Politburo and the Secretariat; regularly sends the summarized data to the Government Inspectorate.

c) The Ministry of Home Affairs guides, urges, inspects, audits, summarizes the results of declarations, verifications, conclusions, and publicizing the conclusions for persons declaring while working at central agencies of social organizations, social-professional organizations, and other units using state budget and state property; regularly reports the results to the Government Inspectorate.

d) The Central Inspection Commission summarizes the results of verifications, conclusions, and publicizing the conclusions on transparency in declarations of assets (hereinafter referred to as conclusions) for persons obligated to declare under the management of the Politburo and the Secretariat; regularly sends the summarized data to the Government Inspectorate.

đ) The Government Inspectorate guides, urges, inspects, audits, summarizes the results of declarations, verifications, conclusions, and publicizing the conclusions nationwide.

2. At the provincial level:

a) The Director of the department, sector, head of specialized agencies under the People's Committee, the head of the Party's departments, the Inspection Committee, the Provincial Party Committee Office, the Party Committee of the administrative units, the Party Committee of the enterprises, the People's Council Office, the People's Committee Office, the Vietnam Fatherland Front Committee, the Anti-Corruption Steering Board Office, political and social organizations shall be responsible for guiding, urging, inspecting, compiling results of asset and income declarations, managing declaration forms for those who are required to declare and are under their management; periodically reporting the results to the Provincial Inspectorate.

b) The Organization Department of the Provincial Party Committee shall manage declaration forms, compile results of declarations for those who are required to declare and are under the Standing Committee of the Provincial Party Committee’s management; periodically send consolidated data on declaration results to the Provincial Inspectorate.

c) The Department of Home Affairs shall guide, urge, inspect, audit, compile results of declarations, verify, conclude and publicize the conclusion form for those declaring while working at social organizations, social-professional organizations and other organizations and units using state budget and assets; periodically report the results to the Provincial Inspectorate.

d) The Inspection Committee of the Provincial Party Committee shall compile results of verification, conclusions, and publicize the conclusion form for those who are required to declare and are under the Standing Committee of the Provincial Party Committee’s management; periodically send consolidated data to the Provincial Inspectorate.

đ) The Provincial Inspectorate shall guide, urge, inspect, audit, compile results of declarations, verification, conclusions, and publicize the conclusion form within its management scope.

3. At the district level:

a) The heads of departments, the heads of specialized agencies under the People's Committee, the head of the Party's departments, the Inspection Committee, the County Party Committee Office, the Vietnam Fatherland Front Committee, the People's Council Office, the People's Committee Office, political and social organizations, the Chairman of the People's Committee at the commune level shall be responsible for guiding, urging, inspecting, compiling results of asset and income declarations, managing declaration forms for those who are required to declare and are under their management; periodically reporting the results to the County Inspectorate.

b) The Organization Department of the County Party Committee shall manage declaration forms, compile results of declarations for those who are required to declare and are under the Standing Committee of the County Party Committee’s management; periodically send consolidated data on declaration results to the County Inspectorate.

c) The Home Affairs Agency at the county level shall guide, urge, inspect, audit, compile results of declarations, verify, conclude and publicize the conclusion form for those declaring while working at social organizations, social-professional organizations and other organizations and units using state budget and assets in the county; periodically report the results to the County Inspectorate.

d) The Inspection Committee of the County Party Committee shall compile results of verification, conclusions about transparency in asset declarations, and publicize the conclusion form for those who are required to declare and are under the Standing Committee of the County Party Committee’s management; periodically send consolidated data to the County Inspectorate.

đ) The County Inspectorate shall guide, urge, inspect, audit, compile results of declarations, verification, conclusions, and publicize the conclusion form within its management scope.

4. Central ministries and sectors with state management functions in their respective fields shall be responsible for guiding, urging, inspecting, auditing, compiling results of declarations, verifying, concluding and publicizing the conclusion form for economic groups, holding companies, state-owned companies, joint-stock companies with state capital in their respective fields of state management. Economic groups, holding companies, state-owned companies, joint-stock companies with state capital, national universities... shall compile the results of their own asset declarations and send them to the relevant ministry or sector for consolidation.

Example: Vietnam Coal and Mineral Group shall compile the results of its own asset declarations and send them to the Ministry of Industry and Trade;

Vietnam Social Policy Bank shall compile the results of its own asset declarations and send them to the State Bank of Vietnam;

State Capital Investment Corporation shall compile the results of its own asset declarations and send them to the Ministry of Finance.

5. For agencies and units with centralized and unified organizational structures managed from central to local levels such as the State Bank, the Ministry of Industry and Trade, the People's Public Prosecutor, the People's Court, Enforcement, General Tax Administration, National Treasury... shall compile the results of asset and income declarations and report according to their organizational systems.

Example: The Tax Revenue Office shall report to the Tax Revenue Bureau; the Tax Revenue Bureau shall compile and report to the General Tax Administration; the General Tax Administration shall compile and report to the Ministry of Finance; the Ministry of Finance shall consolidate and report to the Government Inspectorate.

6. Annually, the Minister, the head of a ministerial-level agency, the head of an agency under the Government, the head of the Party's departments at the central level, the Central Inspection Committee, the Central Party Office, the President's Office, the National Assembly Office, the National Assembly Committees, the Supreme People's Public Prosecutor, the Supreme People's Court, central political and social organizations, the Chairman of the People's Committee at the provincial level shall be responsible for sending consolidated reports on asset and income declarations to the Government Inspectorate. 7. The reporting period runs from January 1 to December 31 each year; the latest deadline for reporting is March 31 of the following year. The report format follows Form 02A attached to this Circular.

1. This Circular takes effect from March 16, 2010.

Article 2. Implementation

2. Other contents stipulated in Circular No. 2442/2007/TT-TTCP dated November 13, 2007 of the Government Inspectorate guiding the implementation of certain provisions of Decree No. 37/2007/NĐ-CP dated March 9, 2007 of the Government on Transparency of Assets and Income remain effective.

3. During the process of organizing and implementing, if there are difficulties, please reflect them to the Government Inspectorate for research, amendment, and supplementation to ensure appropriateness.

- President of the State;