Decree No. 130/2020/NĐ-CP on asset and income declaration for persons holding positions with authority in agencies, organizations, and units

DECREE

ON THE CONTROL OF ASSETS AND INCOME

 OF PERSONS WITH POSITIONS AND POWERS IN ORGANIZATIONS, ORGANIZATIONAL UNITS

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

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;

At the proposal of the Government Inspectorate;

The Government issues this Decree on the control of assets and income of persons with positions and powers in organizations, organizational units.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides detailed regulations for certain provisions of the Law on Prevention and Control of Corruption regarding the control of assets and income of persons with positions and powers in organizations, organizational units, including:

a) Point b Clause 2 Article 31 on the procedures and formalities for requesting and implementing requests to provide information about assets and income of persons obligated to declare such information for the purpose of verifying assets and income;

b) Article 35 on the Model Declaration Form for Assets and Income and the implementation of declarations;

c) Point b Clause 3 Article 36 on personnel working in organizational and cadre management, financial management, state asset management, public investment, or directly interacting and handling matters of organizations, organizational units, individuals who must declare their assets and income annually;

d) Clause 1, 2 and 5 Article 39 on the time, form, and organization of publicizing declarations at organizations, organizational units; publicizing declarations of assets and income of persons proposed to be appointed to leadership and management positions in organizations, organizational units and persons proposed to be elected to leadership and management positions in state-owned enterprises;

đ) Point d Clause 1 Article 41 on criteria for selecting persons obligated to declare assets and income to be verified according to the annual plan and the establishment and approval of the annual verification plan of the Asset and Income Control Agency;

e) Article 54 on protecting, storing, utilizing, and providing information from the national database on asset and income control;

g) Point g, point h Clause 1 Article 94 on disciplinary measures against persons violating the obligation of truthfulness in declaring assets and income, explaining the source of additional assets and income; violating the deadline for declaring assets and income or other regulations on asset and income control.

2. Certain implementation measures of the Law on Prevention and Control of Corruption regarding the control of assets and income, consistent with the cadre management hierarchy of the Communist Party of Vietnam are stipulated in the Regulation on Coordination among Asset and Income Control Agencies as provided for in Article 30 of the Law on Prevention and Control of Corruption.

Article 2. Applicability

1. Asset and Income Control Agency.

2. Persons obligated to declare assets and income (hereinafter referred to as persons obligated to declare).

3. Organizations, organizational units, individuals related to the control of assets and income.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Asset and income control is an activity carried out by the Asset and Income Control Agency in accordance with the law to understand clearly the assets, income, changes in assets and income, and the sources of additional assets and income of persons obligated to declare, aiming to prevent corruption, serve cadre work, promptly detect corruption, prevent acts of disposing of corrupt assets, and recover corrupt assets.

2. Declaring assets and income means recording clearly, fully, and accurately all types of assets and income that need to be declared, as well as the sources of additional assets and income, in accordance with the Model Declaration Form for Assets and Income issued together with this Decree.

3. Publicizing declarations of assets and income means publishing declarations of assets and income (hereinafter referred to as declarations) in accordance with the Law on Prevention and Control of Corruption and Articles 11, 12, and 13 of this Decree.

4. Explaining the source of additional assets and income means the person obligated to declare explaining and proving the formation of additional assets and income compared to the previous declaration.

5. Verifying assets and income means checking and clarifying the contents of the declaration, and examining, evaluating, and concluding on the truthfulness, completeness, and clarity of the declaration and the truthfulness of the explanation of the source of additional assets and income by the Asset and Income Control Agency in accordance with the procedures and formalities prescribed in the Law on Prevention and Control of Corruption and this Decree.

Article 4. Principles for controlling assets and income

1. Activities to control assets and income must ensure transparency, objectivity, and fairness; they shall be carried out within the scope of authority, with the correct subjects, and according to the procedures and formalities stipulated by law; they shall not infringe upon the property rights of those who are required to declare.

2. All violations by agencies, organizations, and individuals in the process of controlling assets and income must be strictly and promptly handled in accordance with the provisions of the law.

It is strictly prohibited to misuse information and data in the control of assets and income.

3. The implementation of measures to control assets and income and the handling of dishonest declarations and explanations must be based on the declaration, the explanation, and the verification conclusion conducted in accordance with the Law on Prevention and Control of Corruption 2018 and this Decree.

Chapter II

PROCEDURES AND FORMALITIES FOR REQUESTING AND IMPLEMENTING REQUESTS

INFORMATION ON ASSETS AND INCOME

Article 5. Rights to request, responsibilities, and implementation of requests for providing information

1. The person entitled to request the provision of information on assets and income (hereinafter referred to as the requester) to serve the purpose of monitoring changes in assets and income, building verification plans, and verifying assets and income includes:

a) Heads and deputy heads of asset and income control agencies;

b) Team leaders of asset and income verification teams.

2. Agencies, organizations, units, and individuals requested to provide information (hereinafter referred to as the requested party) have the responsibility to provide complete, truthful, and timely information in response to the requester's requirements and bear responsibility for the information provided by themselves.

Article 6. Requests for Providing Information by Asset and Income Control Agencies

1. Requests for providing information as stipulated in Clause 3, Article 31 of the Law on Prevention and Control of Corruption shall be made in writing.

2. The content of the request document includes:

a) Purpose and basis for requesting information;

b) Information that needs to be provided;

c) Deadline for providing information;

d) Guidance on providing information through written documents or data messages;

đ) Other requests (if any).

3. Requests for additional information shall be implemented in accordance with Clauses 1 and 2 of this Article.

Article 7. Provision of Information by Agencies, Organizations, and Units

1. Deadline for providing information:

a) The requested party must fulfill the request for information within five working days from the date of receipt of the request;

b) In cases where the requested information is complex and not readily available, the deadline for providing information is fifteen working days from the date of receipt of the request.

2. In cases where it is objectively impossible to provide information or to provide it within the specified time limit, the requested party must submit a written request to the requester for consideration and resolution.

The requested party must comply with the decision of the requester regarding the provision of information.

Article 8. Requests and Implementation of Requests for Providing Information from Enterprises, Organizations Outside the Public Sector, and Individuals

1. Requests and implementation of requests for providing information from enterprises, organizations outside the public sector, and individuals shall be carried out in accordance with Articles 6 and 7 of this Decree.

2. Requests and implementation of requests for providing information from credit institutions and foreign bank branches in Vietnam shall be carried out in accordance with the laws on the provision of customer information by credit institutions and foreign bank branches in Vietnam.

Chapter III

DECLARATION OF ASSETS AND INCOME

Article 9. Model Declaration Form and Implementation of Asset and Income Declaration

1. The initial declaration, annual declaration, and declaration for cadre work shall be carried out according to the Model Declaration Form and Guidelines on Declaration set forth in Appendix I accompanying this Decree.

2. Supplementary declarations shall be carried out according to the Model Declaration Form and Guidelines on Supplementary Declarations set forth in Appendix II accompanying this Decree.

Article 10. Persons Obligated to Make Annual Declarations

Persons obligated to make declarations as provided for in point b, Clause 3, Article 36 of the Anti-Corruption Law include:

1. The following ranks of civil servants and positions:

a) Enforcement Officer;

b) Investigator;

c) Accountant;

d) Forest Ranger;

đ) Prosecutor;

e) Bank Inspector;

g) Market Inspector;

h) Auditor;

i) Party Inspector;

k) Customs Inspector;

l) Tax Inspector;

m) Inspector;

n) Judge.

2. Leaders and managers holding positions from Deputy Department Heads and equivalent or higher working in certain fields specified in the list set forth in Appendix III accompanying this Decree.

3. State Capital Representatives in Enterprises.

Chapter IV

PUBLIC DISCLOSURE OF ASSET AND INCOME DECLARATIONS

Article 11. Public Disclosure of Declarations at Agencies, Organizations, and Units

1. Public disclosure of declarations for persons within the scope of supervision by the Asset and Income Supervisory Agency as stipulated in Clauses 1, 2, and 3, Article 30 of the Anti-Corruption Law shall be conducted as follows:

a) Declarations of persons holding positions of Deputy Director General and equivalent or higher working at central agencies shall be posted at the headquarters of ministries, ministerial-level agencies, or government agencies, or disclosed at meetings including leaders from the bureau level and above; declarations of persons holding positions from Bureau Directors and equivalent or lower shall be posted at the unit or disclosed at meetings including leaders from the department level and above within the unit; if the unit does not have a department level, then at a meeting of all members of the unit. Declarations of other persons shall be posted at departments, units, or disclosed at meetings including all civil servants and employees of the department, unit; if the department, unit has 50 or more staff and has teams, groups, or divisions, then disclose before all civil servants and employees of the team, group, or division;

b) Declarations of Chairpersons, Vice-Chairpersons of Provincial People's Councils, and Chairpersons and Vice-Chairpersons of People's Committees at various levels shall be posted at the headquarters of People's Councils and People's Committees or announced at meetings including all cadres, civil servants, and employees of the People's Councils' and People's Committees' offices.

Declarations of persons obligated to declare under provincial departments, county-level departments shall be posted at the agency headquarters or disclosed at meetings including all cadres, civil servants, and employees.

Declarations of persons obligated to declare under People's Councils and People's Committees at commune level shall be posted at the headquarters of People's Councils and People's Committees at the commune level or disclosed at meetings of all commune cadres and civil servants;

c) Declarations of persons working in state-owned enterprises shall be posted at the headquarters of state-owned enterprises or disclosed at meetings including Members of the Board of Members, Members of the Board of Management, General Directors, Deputy General Directors, Heads of Control Boards, Inspectors, Chief Accountants, Heads of subsidiaries of groups and corporations, Chairpersons of the Board of Members, Chairpersons of the Board of Management, General Directors, Directors of subsidiaries of groups and corporations, Heads of mass organizations in state-owned groups and corporations;

d) Declarations of state capital representatives in enterprises shall be posted or disclosed at meetings as provided for in points a, b, and c of this clause.

2. Public disclosure of declarations at meetings for persons within the scope of supervision by the Asset and Income Supervisory Agency as stipulated in Clauses 4, 5, 6, 7, and 8, Article 30 of the Anti-Corruption Law shall be conducted as provided for in Clause 1 of this Article and guidelines of competent authorities.

3. Declarations must be disclosed no later than five days from the date the agency, organization, or unit managing and using the person obligated to declare hands over the declaration to the Asset and Income Supervisory Agency.

4. The posting period for declarations is fifteen days. The posting location must ensure safety and convenience for reading the declarations.

Posting must be recorded in a protocol, clearly stating the declarations that were posted, with signatures confirming by the head of the agency, organization, or unit and a representative of the trade union organization.

The meeting for public disclosure of declarations must ensure the presence of at least two-thirds of those summoned. The chairperson of the meeting reads the declarations themselves or assigns someone to read them, or each person reads their own declaration. The minutes of the meeting must record any comments, questions, and explanations regarding the contents of the declarations (if any); signed by the chairperson of the meeting and a representative of the trade union organization of the agency, organization, or unit.

5. The public meeting to review the declaration must ensure the presence of at least two-thirds of the persons summoned. The chairperson of the meeting shall either read out the declarations themselves or assign someone to read them, or each person may read their own declaration. The minutes of the meeting must record any comments, questions, and explanations regarding the content of the declarations (if any); they must be signed by the chairperson of the meeting and a representative of the trade union organization of the agency, organization, or unit.

Article 12. Publicizing the declaration of persons proposed for appointment to leadership and management positions in agencies, organizations, and units

1. The declaration of persons proposed for appointment to leadership and management positions in agencies, organizations, and units shall be publicized, including the initial declaration, the declaration for appointment purposes, and the annual declaration or the most recent supplementary declaration.

The publicizing shall be carried out by announcing at a meeting to take confidence votes.

2. Before taking confidence votes, the chairperson of the meeting shall implement the publicizing of the declaration as follows:

a) Distributing copies of the declarations mentioned in Clause 1 of this Article to those casting confidence votes.

b) Reading or assigning someone to read the declaration for appointment purposes and the Conclusion on asset and income verification (if any).

The declarant has the right to explain opinions raised at the meeting related to the declaration (if any).

3. The publicizing of the asset and income declaration must be recorded in the minutes of the meeting to take confidence votes.

Article 13. Publicizing the declaration of persons proposed for appointment or election to leadership and management positions in state-owned enterprises

1. The declaration of persons proposed for appointment or election to leadership and management positions in state-owned enterprises shall be announced at a meeting to take confidence votes when conducting appointments or at a meeting to elect leadership and management positions.

2. The publicizing of the declaration of persons proposed for appointment or election to leadership and management positions in state-owned enterprises shall be implemented according to Article 12 of this Decree.

Chapter V

BUILDING AND APPROVING PLANS

VERIFYING ASSETS AND INCOME

Article 14. Building the annual verification plan

1. Basis for building the plan:

a) The situation of corruption and anti-corruption work in sectors, fields, and localities;

b) Requirements and directives of competent authorities in anti-corruption work;

c) Guidelines for building the annual verification plan, led by the Government Inspectorate, coordinated with relevant agencies, to develop and submit to the Prime Minister for approval before October 31 each year;

d) The capacity and conditions to implement the verification targets specified in Article 15 of this Decree.

2. Based on Clause 1 of this Article, the Minister, Head of a ministry-level agency, or Head of an agency under the Government shall direct the inspection agency to build the annual verification plan of assets and income; where there is no inspection agency, they shall direct the unit responsible for organizational and cadre work to implement it.

3. The verification plan must include the following contents:

a) The purpose and requirements of the verification plan;

b) The number and names of agencies and units to be verified;

c) The total number of people to be verified, the number of people to be verified allocated by agency, organization, and subordinate unit;

d) The organization of implementing the verification plan, the person assigned to direct its implementation, the unit assigned to conduct the verification, and the resources for verification.

Article 15. Approving and Implementing the Verification Plan

1. By January 31 each year, the head of the Asset and Income Control Agency specified in Clauses 1, 3, 4, 5, 6, 7, and 8 of Article 30 of the Anti-Corruption Law shall approve and issue the annual verification plan; the Provincial Inspector General shall issue the annual verification plan after submitting the content of the plan for approval by the Chairman of the People's Committee of the province.

2. The annual verification plan of the Asset and Income Control Agency must ensure that the number of agencies, organizations, and units to be verified is at least 20% of the number of agencies, organizations, and units within their control authority; specifically, for the Ministry of Public Security, the Ministry of National Defense, the Ministry of Foreign Affairs, and the Ministry of Finance, it must ensure at least 10%.

3. Within ten days from the date the verification plan is issued, the Asset and Income Control Agency shall organize the random selection of people to be verified. The selection shall be conducted publicly through drawing lots or using computer software.

The Asset and Income Control Agency shall invite representatives of the Party Inspection Commission and the Vietnam Fatherland Front Committee at the same level to attend and witness the random selection of people to be verified.

The number of people selected for random verification must ensure at least 10% of the number of people required to declare annually at each agency, organization, and unit to be verified, including at least one person who is the head or deputy head of the agency, organization, or unit.

Article 16. Criteria for selecting individuals to be verified according to the plan

The selection of individuals with the obligation to declare assets and income for annual verification must be based on the following criteria:

1. Individuals with the obligation to declare are subjects required to declare assets and income annually.

2. Individuals with the obligation to declare have not been verified regarding their assets and income in the previous four consecutive years.

3. Individuals with the obligation to declare do not fall under any of the following cases:

a) Individuals currently under investigation, prosecution, or trial;

b) Individuals undergoing treatment for serious illnesses confirmed by competent health authorities;

c) Individuals studying or working abroad for twelve months or more.

Chapter VI

PROTECTION, STORAGE, EXPLOITATION, AND SUPPLY OF INFORMATION

NATIONAL DATABASE ON ASSET AND INCOME CONTROL

Article 17. Principles for protecting, storing, exploiting, and supplying information from the national database on asset and income control

1. Information in the national database on asset and income control must be stored completely and accurately; exploited and used for the intended purpose, effectively, and in accordance with legal regulations; ensuring the requirements for asset and income control, state management work against corruption, and cadre management.

2. The national database on asset and income control must be strictly protected and secured in accordance with legal provisions; comply with technical standards and norms for information technology; ensure compatibility, security, and smooth operation throughout the entire system of databases on asset and income control.

Article 18. Responsibilities for protecting and storing information in the national database on asset and income control

1. The Government Inspectorate has the responsibility:

a) To build and operate the technical infrastructure system of the national database on asset and income control;

b) To organize specialized staff to operate the national database on asset and income control in accordance with the regulations of the Government;

c) To implement measures to ensure information security and safety of the national database on asset and income control;

d) To implement backup and preventive measures to ensure the ability to recover from incidents and restore data;

e) To implement maintenance and upkeep measures to ensure that the national database on asset and income control operates continuously and stably.

2. The Ministry of National Defense, the Ministry of Public Security, and the Ministry of Information and Communications have the responsibility to guide and coordinate with the Government Inspectorate in the protection and storage of information in the national database on asset and income control.

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

1. The Government Inspectorate and other Asset and Income Control Agencies provide information from the database on asset and income control upon request of the Standing Committee of the National Assembly, the President, the Prime Minister, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the National Election Council, and other agencies and organizations as stipulated in Points d, e, g, h, and i Clause 1 Article 42 of the Anti-Corruption Law.

2. The Government Inspectorate and other Asset and Income Control Agencies provide information from the database on asset and income control upon request of agencies, organizations, units responsible for cadre organization work, and authorized inspection bodies of the Party, the National Assembly, and central agencies of political-social organizations.

3. Asset and Income Control Agencies provide information from the database on asset and income control upon request of Inspection Agencies, State Audit Office, Investigation Agencies, People's Procuracy, and People's Courts.

4. The provision of information from the database on asset and income control for individuals subject to control by multiple Asset and Income Control Agencies shall be carried out in accordance with the coordination regulation stipulated in Clause 2 Article 1 of this Decree.

Chapter VII

 VIOLATIONS OF REGULATIONS ON ASSET AND INCOME CONTROL

Article 20. Handling Violations by Declaration Submitters

1. An obligated declarant who makes an inaccurate declaration regarding the origin of assets or additional income shall be subject to handling according to the provisions of Article 51 of the Law on Prevention and Combating Corruption, depending on the nature and severity of the violation.

2. An obligated declarant who disposes of, conceals assets or income, obstructs asset and income control activities, or fails to submit a declaration after being urged twice in writing shall be subject to handling through one of the following forms: warning, demotion in rank, reduction in position, removal from office, dismissal, termination of employment, reduction in military rank, or reduction in civil service grade, depending on the nature and severity of the violation.

Article 21. Handling Other Violations in Asset and Income Control

1. The head of an agency, organization, or unit who is negligent in organizing declarations, publicizing declarations, or submitting declarations shall be subject to disciplinary action through one of the following forms: reprimand, warning, or demotion, depending on the nature and severity of the violation.

2. The head of the Asset and Income Control Agency, Team Leader, and members of the Asset and Income Verification Team who violate regulations concerning the acceptance of declarations, management and use of databases for asset and income control, verification, conclusion of verification results, and publicizing verification results shall be subject to disciplinary action through one of the following forms: reprimand, warning, demotion, or removal from office, depending on the nature and severity of the violation.

3. Agencies, organizations, units, or individuals who fail to comply with, comply inadequately or untimely with requests from the Asset and Income Control Agency shall be subject to administrative penalties or disciplinary actions according to the law, depending on the nature and severity of the violation.

4. If violations stipulated in Article 20 and Clauses 1, 2, and 3 of this Article constitute criminal offenses, they shall be prosecuted criminally according to the law.

Article 22. Authority, Procedure, and Formalities for Disciplinary Actions Against Persons Who Violate Regulations on Asset and Income Control

1. Disciplinary actions against civil servants, public officials, or state employees who violate regulations shall be carried out according to the law on disciplinary actions for civil servants, public officials, and state employees.

2. Disciplinary actions against persons working in the People's Army or Public Security Force who violate regulations shall be carried out according to the regulations on disciplinary actions in the People's Army or Public Security Force.

3. Disciplinary actions against members or affiliates of political organizations or political-social organizations who violate regulations shall be carried out according to the regulations of those organizations.

Article 23. Publicizing Decisions on Handling Violations

1. Disciplinary decisions against persons who violate regulations on asset and income control shall be publicly posted at the workplace of the person being disciplined for a period of 15 days.

In addition to public posting, the authority responsible for disciplinary actions may also choose to implement additional forms such as announcing at staff meetings or publishing on the website of the agency, organization, or unit.

2. Administrative penalties or criminal prosecution for other violations related to asset and income control must be made public according to the law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 24. Effective Date

This Decree takes effect from December 20, 2020.

Repeal Decree No. 78/2013/NĐ-CP dated July 17, 2013 of the Government on Transparency of Assets and Income.

Article 25. Responsibilities for Implementation

The Minister, Heads of Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees under the Central Government, and relevant agencies, organizations, units, and individuals are responsible for implementing this Decree.

 

 

 

ANNEX I

SAMPLE ASSET AND INCOME DECLARATION FORMS,

FIRST TIME DECLARATION, ANNUAL DECLARATION,

DECLARATION FOR STAFF MANAGEMENT
(Attached to Decree No. 130/2020/NĐ-CP dated October 30, 2020 of the Government)

A. SAMPLE ASSET AND INCOME DECLARATION FORM

 

ASSET AND INCOME DECLARATION...⁽¹⁾
(Date...Month...Year...)⁽²⁾

1. Name of Rural Industrial Enterprise (

1. Declaration of Assets and Income

- Full Name:...Date of Birth: ...

- Position/Job Title: ...

- Workplace: ...

- Place of permanent residence: …

- Citizen Identification Number or ID Card Number⁽³⁾: ...Date Issued...Issuing Authority ...

2. Spouse of the Declaration Maker

- Full Name: ...Date of Birth: ...

- Occupation: ...

- Place of Work⁽⁴⁾: .....................................................................................................

- Place of permanent residence: …

- Citizen Identification Number or ID Card Number: ...Date Issued...Issuing Authority ...

3. Minor Children (Biological or Adopted Children as Per Law)

3.1. First Child:

- Full Name:...Date of Birth: ...

- Place of permanent residence: …

- Citizen Identification Number or ID Card Number:     ...Date Issued...Issuing Authority ...

3.2. Second Child (and subsequent children): Fill out similarly to the first child.

II. INFORMATION ON ASSETS⁽⁵⁾

1. Actual Land Usage Rights⁽⁶⁾:

1.1. Residential Land⁽⁷⁾:

1.1.1. Plot One:

5. List of sports activities for business operation (specify the sports activities for business operation) …⁽⁸⁾: ..............................................................................................................

- Area⁽⁹⁾: ...........................................................................................................

- Value⁽¹⁰⁾: ..............................................................................................................

- Certificate of Land Use Right⁽¹¹⁾: ....................................................................

- Additional Information (if any)⁽¹²⁾: .................................................................................

1.1.2. Plot Two (and subsequent plots): Fill out similarly to plot one.

1.2. Other Types of Land⁽¹³⁾:

1.2.1. Plot One:

- Type of Land:...Address: ...

- Area: ...

- Value⁽¹⁰⁾: ..............................................................................................................

- Certificate of Land Use Right: ...

- Additional Information (if any): ...

1.2.2. Plot Two (and subsequent plots): Fill out similarly to plot one.

2. Houses and Construction Projects

2.1. Houses

2.1.1. House One: ...

- Address: ...

- Type of House⁽¹⁴⁾: ..........................................................................................................

- Usable Area ⁽¹⁵⁾: ...........................................................................................

- Value⁽¹⁰⁾: ..............................................................................................................

- Certificate of Ownership: ...

- Additional Information (if any): ...

2.1.2. House Two (and subsequent houses): Fill out similarly to house one.

2.2. Other Construction Projects⁽¹⁶⁾:

2.2.1. Project One:

- Project Name:...Address: ...

- Type of Project:...Project Level: ...

- Area: ...

- Value ⁽¹⁰⁾: .............................................................................................................

- Certificate of Ownership: ...

- Additional Information (if any): ...

2.2.2. Project Two (and subsequent projects): Fill out similarly to project one.

3. Other Assets Attached to Land⁽¹⁷⁾:

3.1. Long-Lived Trees⁽¹⁸⁾:

- Type of Tree:...Quantity:...Value⁽¹⁰⁾: ..................

- Type of Tree:...Quantity:...Value⁽¹⁰⁾: ..................

3.2. Production Forests⁽¹⁹⁾:

- Type of Forest:...Area:...Value⁽¹⁰⁾: .................

- Type of Forest:...Area:...Value⁽¹⁰⁾: .................

3.3. Other Structures Attached to Land:

- Name:...Quantity:...Value⁽¹⁰⁾: .......................

- Name:...Quantity:...Value⁽¹⁰⁾: .......................

4. Gold, Diamonds, Platinum, and Other Precious Metals and Stones with a Total Value of 50 Million VND or More⁽²⁰⁾.

5. Money (Vietnamese Dong, Foreign Currency) Including Cash, Loans, Advance Payments, Personal Deposits, Domestic and Foreign Organization Deposits in Vietnam with a Total Value Converted to 50 Million VND or More⁽²¹⁾.

6. Stocks, Bonds, Capital Contributions, and Other Valuable Instruments with a Total Value of 50 Million VND or More (Declare by Type):

6.1. Shares:

- Share name:...Quantity:...Value:...

- Share name:...Quantity:...Value:...

6.2. Bonds:

- Bond name:...Quantity:...Value:...

- Bond name:...Quantity:...Value:...

6.3. Contributed capital⁽²²⁾:

- Form of contribution:...Value:...

- Form of contribution:...Value:...

6.4. Other securities⁽²³⁾:

- Name of security:...Value:...

- Name of security:...Value:...

7. Other assets with each asset having a value of 50 million dong or more, including:

7.1. Assets subject to registration under the law and issued with a registration certificate (aircraft, ships, boats, bulldozers, excavators, cars, motorcycles, motorbikes...)⁽²⁴⁾:

- Asset name:...Registration number:...Value:...

- Asset name:...Registration number:...Value:...

7.2. Other assets (decorative items, religious items, furniture, potted plants, paintings, photographs, other types of assets)⁽²⁵⁾:

- Asset name:...Year of acquisition:...Value:...

- Asset name:...Year of acquisition:...Value:...

8. Overseas assets⁽²⁶⁾.

9. Overseas accounts⁽²⁷⁾:

- Account holder's name:..., account number:...

- Bank, bank branch, organization where the account was opened:...

10. Total income between two declarations⁽²⁸⁾:

- Total income of the declarant:...

- Total income of spouse (or partner):...

- Total income of minor children:...

- Total combined income:...

III. CHANGES IN ASSETS AND INCOME; EXPLANATION OF THE SOURCE OF INCREASED ASSETS AND INCOME ⁽²⁹⁾ (if this is the first declaration, then this section does not need to be declared):...

 

 

B. GUIDELINES FOR ASSET AND INCOME DECLARATION

I. GENERAL NOTES

(1) The person obligated to declare assets and income must clearly state the method of declaration as prescribed in Article 36 of the Law on Prevention and Combating Corruption (initial declaration or annual declaration, declaration for cadre management purposes). For initial declarations, there is no need to declare Section III "Changes in Assets and Income; Explanation of the Source of Increased Assets and Income," and the declarant must not arbitrarily change the names or order of the contents specified in this form. The declarant must sign each page and sign and write their full name on the last page of the declaration form. The declarant must prepare two copies of the declaration form to hand over to their managing agency, organization, or unit (one copy handed over to the Asset and Income Control Agency, one copy retained for management purposes and publicizing the declaration form). The person responsible for managing the declarant's agency, organization, or unit must check the completeness of the declared contents upon receipt of the declaration form. They must then sign and write their full name and date of receipt.

(2) Record the completion date of the declaration.

II. GENERAL INFORMATION

(3) Record the citizen identification card number. If the citizen identification card has not been issued, record the ID number (citizen/military/police) and specify the issuance date and place.

(4) If the declarant's spouse works regularly in an agency, organization, or enterprise, specify the name of the agency/organization/enterprise; if they work independently, have retired, or are engaged in household duties, specify accordingly.

III. INFORMATION DESCRIBING ASSETS

(5) Assets to be declared are those currently owned or used by the declarant, spouse, and minor biological or adopted children (if any) according to the law.

(6) Actual land use rights refer to the actual use rights of the declarant over the plot of land, including land that has been certified or not yet certified with a land use right certificate.

(7) Residential land refers to land used for residential purposes as defined by the Land Law. In cases where a plot of land is used for multiple purposes, including residential use, it should be declared under residential land.

(8) Specify the house number (if applicable), alley, lane, street, village, commune, ward, district, city, province, centrally governed municipality.

(9) Record the land area (m²) based on the land use right certificate or actual measurement (if there is no land use right certificate).

(10) Value is the original value in Vietnamese currency, specifically: In case the asset is obtained through purchase or transfer, record the actual amount paid at the time of purchase or transfer plus any additional taxes and fees (if applicable); in case the asset is self-built, manufactured, or renovated, record the total costs incurred to complete the construction, manufacturing, or renovation plus any fees and charges (if applicable) at the time of asset formation; in case the asset is received as a gift, donation, or inheritance, record the market value at the time of receipt plus any additional taxes and fees (if applicable) and note "estimated value"; in case the value of the asset cannot be estimated due to reasons such as long-term use or lack of similar transactions, record "value cannot be determined" and specify the reason.

(11) If the plot of land has been issued with a land use right certificate, record the certificate number and the name of the certificate holder or representative (if it is a joint certificate); if the plot of land has not been issued with a land use right certificate, record "no land use right certificate issued."

(12) Specify the actual management and usage status (for example, the declarant is registered as the owner but the asset is actually owned by another person); transfer status, renaming, and current usage status such as leasing, lending, etc.

(13) Declare all types of land with non-residential uses as prescribed by the Land Law.

(14) Record "apartment" if it is an apartment in a collective house or condominium; record "single-family house" if it is a house built on a separate plot of land.

(15) Record the total floor area (m³) of all floors of the single-family house or villa including basements, half-basements, technical floors, attic floors, and roof floors. If it is an apartment, the area shall be recorded according to the ownership certificate or purchase contract or lease contract with the state.²(16) Other construction works are construction works that are not residential buildings.

(17) Declare property attached to land with each type having a total estimated value of 50 million dong or more.

(18) Long-term trees are trees planted once, growing and yielding harvest over many years, including long-term industrial trees, long-term fruit trees, long-term timber trees, ornamental trees, and shade trees. Trees belonging to production forests shall not be recorded in this section.

(19) Production forest is a planted forest.

(20) Record gold, diamonds, platinum, and other precious metals and gemstones with a total value of 50 million dong or more.

(21) Money (Vietnamese currency, foreign currency) includes cash, loans, advance payments, personal deposits, domestic organization deposits, and foreign organization deposits in Vietnam with a total converted value of 50 million dong or more. If it is foreign currency, record the quantity and the amount converted to Vietnamese dong.

(22) Record each form of investment capital for business operations, both directly and indirectly.

(23) Other valuable papers such as fund certificates, promissory notes, checks, etc.

(24) Cars, motorcycles, motorbikes, machines (bulldozers, excavators, other types of machines), ships, aircraft, boats, and other movable assets that must be registered for use and have a value of 50 million dong or more.

(25) Other types of assets such as ornamental plants, furniture, paintings, and other assets with a converted value of 50 million dong or more.

(26) Declare all types of assets located outside the territory of Vietnam similar to items 1 to 7 of Part II and specify which country the assets are located in.

(27) Declare bank accounts opened abroad; other accounts opened abroad that are not bank accounts but can conduct transactions with money and assets (such as accounts opened at foreign securities companies, foreign gold exchanges, foreign e-wallets, etc.).

(28) Declare separately the total income of the declarant, spouse, and minor children. In cases where joint income cannot be separated, record the total joint income in the section for joint income sources; if there is income in foreign currency or other assets, convert it to Vietnamese dong (including salary, allowances, subsidies, bonuses, remuneration, gifts, donations, inheritances, proceeds from selling assets, income from investments, inventions, patents, and other income sources). For the first declaration, there is no need to declare income between two declarations. For subsequent declarations, it is determined from the date of the previous declaration to the day before the declaration date.

IV. ASSET AND INCOME MOVEMENTS; EXPLANATION OF THE SOURCE OF INCREASED ASSETS AND INCOME

(29) Declare increased or decreased assets at the time of declaration compared to previously declared assets and explain the source of additional assets and the formation of income during the period applicable to the second declaration onwards. If there is no increase or decrease in assets, clearly mark "No change" immediately after the name of Section III.

(30) If assets have increased, record the plus sign (+) and the quantity of increased assets in the "quantity of assets" column, record the value of the increased assets in the "asset value, income" column, and explain the reason for the increase in the "explanation of the source of additional assets and total income" column.

(31) If assets have decreased, record the minus sign (-) in the "quantity of assets" column, record the value of the decreased assets in the "asset value, income" column, and explain the reason for the decrease in assets in the "Explanation of the source of additional assets and total income" column.

(32) Record the income between two declarations in the "asset value, income" column and clearly list each income received during the declaration period.

Example: During the period from December 16, 2019 to December 15, 2020, Mr. A sold a plot of land at address B, with a purchase value of 500 million, earning 4 billion dong; Mr. A used the proceeds from selling the land to buy one apartment at condominium C for 3.5 billion dong and a Toyota car for 1 billion dong, registered under license plate number 18E-033.55. The family's income from salaries and allowances was 600 million, income from investments was 1 billion dong, and after expenses, Mr. A deposited 500 million at bank D.

Mr. A will record as follows:² Increase/Decrease² Explanation of the source of additional assets and total income

1. Right to use land

 

 

ANNEX II

(Date......month....year...)

II. ASSET AND INCOME MOVEMENTS; EXPLANATION OF THE SOURCE OF INCREASED ASSETS AND INCOME
(Attached to Decree No. 130/2020/NĐ-CP dated October 30, 2020 of the Government)

A. SAMPLE ASSET AND INCOME DECLARATION FORM

1. Actual right to use land:
2. Residential buildings, other construction works: ⁽¹⁾

1. Name of Rural Industrial Enterprise ( ⁽²⁾

3. Other property attached to land:

III. DESCRIPTION INFORMATION ON INCREASED ASSETS AND INCOME ⁽⁶⁾

……………………………………………………………………………………

……………………………………………………………………………………

……………………………………………………………………………………

B. GUIDELINES FOR DECLARING INCREASED ASSETS AND INCOME

(1) Record the date of completing the declaration.

(2) Record as general information in the Declaration Form at Appendix I attached to this Decree.

(3) If there is an increase in assets, record the plus sign (+) and the quantity of increased assets in the "quantity of assets" column, record the value of the increased assets in the "value of assets and income" column, and explain the reason for the increase in the "content explaining the source of the increased assets and total income" column.

(4) If there is a decrease in assets, record the minus sign (-) in the "quantity of assets" column, record the value of the decreased assets in the "value of assets and income" column, and explain the reason for the decrease in assets in the "Content explaining the source of the increased assets and total income" column.

(5) Record the total income between two declarations in the "value of assets and income" column and clearly state each item of income received during the declaration period (see example at Point 32 of the guidance in Appendix I attached to this Decree).

(6) Record as Item II "Description Information on Assets" according to the Declaration Form and guidance in Appendix I attached to this Decree. Note that only newly increased assets should be declared, previously declared assets should not be declared again.

 

 

ANNEX III

LIST OF PERSONS REQUIRED TO DECLARE ASSETS,

ANNUAL INCOME ACCORDING TO

 CLAUSE 2 ARTICLE 10 OF THE DECREE ON ASSET CONTROL,

INCOME OF PERSONS WITH POSITIONS AND LIMITATIONS

IN ORGANIZATIONS, UNITS
(Attached to Decree No. 130/2020/NĐ-CP dated October 30, 2020 of the Government)

1. Appraise personnel to submit to competent authorities for appointment, transfer, rotation, training, and development of cadres and civil servants.

2. Organize recruitment, promotion examinations for civil servants, and upgrading ranks for public officials.

3. Review files to submit to the competent authority for approval regarding organizational structure and staffing.

4. Review proposals for establishing new organizations, restructuring organizations, state-owned enterprises, non-governmental organizations, and professional associations.

5. Appraise applications for establishing new units, merging, dividing, and adjusting administrative boundaries at all levels.

6. Appraise files to submit to competent authorities for decisions on forms of commendation, rewards, and disciplinary actions.

7. Allocating training quotas and budgets.

8. Manage taxpayers.

9. Collect taxes, control taxes, refund taxes, settle tax returns, manage and issue tax stamps.

10. Inspect goods for import and export.

11. Appraise and settle budget funds according to the State Budget Law.

12. Issue licenses for banking operations and credit institutions.

13. Appraise and decide on credit provision at state-controlled banks.

14. Handle debts, bad debts; purchase and sale of debts; appraise and value in auctions.

15. Distribute money and goods from the National Treasury and national reserves.

16. Pay social insurance and health insurance.

17. Issue licenses for foreign exchange operations, gold, silver, and precious stone trading.

18. Supervise banking activities.

19. Issue licenses related to import and export, trade services.

20. Issue licenses related to ensuring safety standards in production and business.

21. Manage the market.

22. Issue licenses in construction fields.

23. Appraise construction projects.

24. Manage urban planning.

25. Manage and supervise the quality of construction works.

26. Appraise and approve planning tasks and plans.

27. Issue certificates of competence for organizations engaged in construction activities, certificates of practice for individuals engaged in construction activities, and licenses for foreign contractors.

28. Technical inspection, management of transportation works.

29. Inspection of various types of transportation vehicles.

30. Examination and issuance of driving licenses for vehicle operators.

31. Issue hygiene and safety certificates for food.

32. Issue certificates of medical and pharmaceutical practice.

33. Issue licenses and certificates for feed production facilities meeting standards, veterinary hygiene, and food safety.

34. Issue licenses for importing new drugs.

35. Issue licenses for importing insecticides and disinfectants.

36. Issue certificates for importing cosmetics.

37. Test standards and product quality.

38. Manage, monitor, and supply various types of medicines; herbal materials, medical equipment and supplies; colored products related to health care and social benefits.

39. Appraise and value various types of new drugs.

40. Issue licenses for international travel agencies.

41. Issue licenses recognizing tourist accommodation facilities.

42. Issue licenses recognizing national-level historical sites.

43. Issue licenses for archaeological exploration and excavation.

44. Issue licenses for exporting cultural relics abroad.

45. Issue licenses for professional artistic performances.

46. Issue licenses for importing and distributing cultural publications.

47. Appraise files for recognizing grades of tourist accommodation facilities.

48. Appraise and issue licenses for programs, performances, and plays by Vietnamese organizations and individuals performing abroad and foreign organizations and individuals performing in Vietnam.

49. Appraise and submit for approval preservation, repair, and restoration projects for national historical sites and special national historical sites according to the law.

50. Submit for approval or agreement on construction projects in the second protection zone of national historical sites and special national historical sites.

51. Issue licenses for postal, telecommunications, information technology, press, and publishing activities.

52. Issue licenses for activities, allocation, and distribution of resources in the field of information and communication.

53. Manage advertising programs on radio, television, and the Internet.

54. Allocate, appraise, and manage projects and programs in the field of information and communication.

55. Issue certificates of land use rights and ownership of immovable property.

56. Issue licenses for mineral exploration, exploitation, and processing.

57. Issue licenses for handling and transporting hazardous waste.

58. Issue certificates of environmental compliance.

59. Issue licenses for water resource exploration, exploitation, use, and wastewater discharge.

60. Process land transfer, lease, recovery, change of land use purpose, registration of land use rights, ownership, and use of immovable property.

61. Allocate land quotas; compensation and support levels for land clearance.

62. Handle administrative violations related to the environment.

63. Appraise, plan, control, supervise, coordinate, compensate, and clear land.

64. Management of animals listed in the rare and precious category.

65. Animal quarantine, animal products quarantine.

66. Management of veterinary drugs, plant protection chemicals.

67. Monitoring, protecting aquatic resources, managing quality and safety standards, veterinary and aquaculture.

68. Appraisal and issuance of investment certificates.

69. Project appraisal.

70. Tendering.

71. Establishment, allocation, and management of capital plans.

72. Planning management.

73. Management of industrial zones and export processing zones.

74. Business management and business registration.

75. Official Development Assistance (ODA) management.

76. Receiving and processing consular file applications, issuing visas, managing entry and exit.

77. Receiving and resolving marriage registration, adoption with foreign elements; registration of security transactions.

78. Receiving and resolving corrections to household registration records; criminal background checks.

79. Issuance of permits for labor service provision services sending Vietnamese workers abroad under contracts.

80. Issuance of permits to establish vocational colleges and intermediate-level vocational schools; issuance of certificates of registration for vocational training activities for training institutions; allocation of training quotas and funds.

81. Implementation of policies for persons with meritorious service; social assistance.

82. Cooperation and exchange of science and technology with foreign elements.

83. Appraisal of files for issuance, adjustment, revocation, and extension of various licenses, certificates, and registrations in state management of science and technology.

84. Appraisal and technical advice on intellectual property certificates.

85. Allocation and appraisal of research topics in the field of science and technology.

86. Allocation and appraisal of scientific research topics within the field of science and technology.

87. Enrollment in public schools.

88. Allocation of university and postgraduate training quotas and overseas training quotas.

89. Appraisal and approval of training programs and capacity building programs of educational institutions in the national education system.

90. Appraisal of textbooks, teaching aids, and other technical materials serving teaching and research.

91. Appraisal of files for establishment of educational institutions in the national education system.

92. Management of projects and programs in the field of education and training.

93. Vocational training and job placement.

94. Management of scientific research topics.

95. Border checkpoint control.

96. Patrol, inspection, supervision, and handling of road, waterway, and railway traffic safety.

97. Registration and issuance of license plates for various types of road vehicles; patrol, inspection, supervision, and handling of road, waterway, and railway traffic safety.

98. Review and approval of fire prevention and firefighting design, inspection of fire safety.

99. Supervision and correctional management at prisons, detention centers, and compulsory educational facilities.

100. Registration and management of conditional business sectors.

101. Cashier and accounting duties.

102. Individuals assigned to perform specialized inspection functions in the fields of natural resources and environment, construction, and finance.

103. Policy Assistant to the Military Command Board of the district level.

104. Force Assistant, Officer Assistant at the Regiment level and above.

105. Management Assistant for students, admissions, policy, and insurance of educational institutions.