Decree No. 13/2002/ND-CP Amending and Supplementing Certain Provisions of Decree No. 64/1998/ND-CP dated August 17, 1998

DECREE

Amending and supplementing some articles of Decree No. 64/1998/NĐ-CP

dated August 17, 1998

THE GOVERNMENT

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

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

At the proposal of the State Audit Office,

DECREE:

Article 1. Amending and supplementing some articles in Chapter II of Decree No. 64/1998/NĐ-CP dated August 17, 1998 as follows:

1. Article 11 is amended and supplemented as follows:

Article 11.

The declaration of houses, land, production and business establishments by officials and civil servants aims at transparency regarding assets, creating conditions for agencies, organizations, and the public to participate in supervision, especially in monitoring the formation of new assets, contributing to preventing corruption and negative practices.

3. Article 16 shall be amended and supplemented as follows:

Article 12.

The following persons must declare their assets:

1. Officials and civil servants working in Party agencies, state agencies, political organizations, political-social organizations, units under the People's Army and the Public Security Force, in accordance with the Civil Servant Ordinance (as stipulated in Article 1 of the Civil Servant Ordinance).

2. Officers, professional military personnel, defense workers in units under the People's Army; officers, non-commissioned officers, and technical staff in units under the Public Security Force.

3. Persons elected or appointed to positions for a term, and those recruited into social organizations and occupational associations.

4. Management officials in state-owned enterprises, including: General Directors, Deputy General Directors; Directors, Deputy Directors; Chairmen, Vice Chairmen, members of the Board of Directors, Chief Accountants, members of the Supervisory Board, Heads, Deputy Heads of business departments in state-owned enterprises; persons appointed by the State to hold such positions in enterprises with state capital.

5. Village, ward, town officials, including: Secretary, Deputy Secretary of the Party Committee; Chairman, Deputy Chairman of the People's Council; Chairman, Deputy Chairman, members of the People's Committee and specialized positions.

1. Criteria for evaluating managers who have excellently completed tasks Managers who are evaluated as having excellently completed tasks must meet all of the following criteria:

Article 13.

Assets that must be declared include:

1. Houses rented, inherited, gifted, purchased, self-built, or other types of houses currently owned by the declarant.

2. Land granted usage rights, inherited, transferred, leased, or other types of land actually owned by the declarant (including land for residence, production, business, unused land...).

3. Types of shares, bonds, investment capital in enterprises, production and business establishments.

4. Assets valued at 50 million VND or more, such as: cars, boats, ships, etc.

4. Article 14 is amended and supplemented as follows:

Article 14.

From the date of effectiveness, persons subject to asset declaration under Article 12 of this Decree must fully, accurately, and truthfully declare all types of assets specified and bear legal responsibility for the content of their declarations.

5. Article 15 is amended and supplemented as follows:

Article 15.

The declarant must fill out the form prescribed and issued together with this Decree. Annually, when updating their personal history, the declarant must update the assets declared under Article 13 of this Decree if there are changes.

The declarant under the management of an agency or organization shall submit the declaration form to that agency or organization.

"Article 17. Competence, procedures, and formalities for recognizing and revoking decisions to recognize testing facilities for genetically modified organisms

Article 17.

1. The declaration form shall be reported to the leadership of the agency or organization where the declarant works and to those involved in recommending or nominating the declarant for leadership positions.

The declaration form of party members must be reported to the branch where they participate in activities.

2. The declaration form shall be managed according to the file management system for cadres. In cases where the declarant is transferred to another agency or organization, the declaration form of that person must be transferred along with the cadre file to the competent agency or organization for management. When the declarant retires or leaves the job, their declaration form will be kept together with the cadre file.

7. Article 18 shall be amended and supplemented as follows:

Article 18.

Upon discovering suspicious signs in the declared assets, the head of the managing agency or the directly superior agency shall request the competent authority to verify and investigate the origin, and if there is a violation, handle it according to the law.

Inspection, Audit, Investigation, Prosecution, and Court agencies may study and utilize the declaration forms to serve the verification and investigation of corruption offenses.

8. Article 20 is amended and supplemented as follows:

Article 20.

Any person who distorts the content, loses, damages the declaration form, provides it to unauthorized persons to exploit or use; any person who takes advantage of the declaration to cause internal discord, or uses the declaration contrary to the law shall be disciplined or criminally prosecuted depending on the nature and degree of violation according to the law.

Article 2. This Decree shall take effect 15 days from the date of issuance.

Article 3. Ministers, heads of ministerial-level agencies, heads of government agencies, chairmen of people's councils at all levels, and heads of agencies, units, and organizations related to this matter are responsible for implementing this Decree.