Circular No. 2442/2007/TT-TTCP guiding the implementation of certain provisions of Government Decree No. 37/2007/NĐ-CP dated March 9, 2007 on asset and income transparency.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 37/2007/NĐ-CP dated March 9, 2007 of the Government on Asset and Income Disclosure

_______________________________

Pursuant to the Law on Prevention and Control of Corruption 2005;

Pursuant to Decree No. 37/2007/NĐ-CP dated March 9, 2007 of the Government on Asset and Income Disclosure;

Pursuant to Decree No. 55/2005/NĐ-CP dated April 25, 2005 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Government Inspectorate;

After reaching consensus with the Ministry of Home Affairs, the Central Inspection Committee, and the Government Inspectorate, guidelines for implementing certain provisions regarding asset and income declaration, verification, conclusion, and publicizing the conclusion on the transparency of asset and income declaration are hereby issued as follows:

Part I

GENERAL PROVISIONS

I. SCOPE OF REGULATION

These Circulars guide the implementation of certain provisions of Decree No. 37/2007/NĐ-CP dated March 9, 2007 of the Government on Asset and Income Disclosure (hereinafter referred to as Decree No. 37/2007/NĐ-CP) concerning asset and income declaration (hereinafter referred to as declaration); asset and income verification (hereinafter referred to as verification); conclusion on the transparency of asset and income declaration (hereinafter referred to as conclusion); and publicizing the conclusion on the transparency of asset and income declaration (hereinafter referred to as publicizing the conclusion).

II. APPLICABLE OBJECTS

This Circular applies to:

1. Persons subject to declaration as stipulated in Clause 1, Article 44 of the Law on Prevention and Control of Corruption and Article 6 of Decree No. 37/2007/NĐ-CP;

2. Agencies, organizations, and units where persons subject to declaration work; agencies, organizations authorized to request verification; agencies, organizations, and units authorized to issue decisions on verification; agencies, organizations, and units conducting verification; and related individuals and organizations.

III. INITIAL DECLARATION AND SUPPLEMENTAL DECLARATION

1. Initial Declaration is the first annual declaration made by persons subject to declaration or a declaration made for appointment purposes (including appointments to leadership and management positions and appointments to civil servant ranks that require declaration), which has not been previously declared according to the Law on Prevention and Control of Corruption, Decree No. 37/2007/NĐ-CP, and these Circulars. The initial declaration is conducted using the form promulgated together with Decree No. 37/2007/NĐ-CP.

Declarations made in December 2007 are considered initial declarations. Those who declared for the purpose of electing National Assembly deputies, People's Council deputies, approving positions at the National Assembly and People's Councils, or for appointments in 2007 after Decree No. 37/2007/NĐ-CP took effect are also considered initial declarations.

For those persons subject to declaration listed in Clause 11, Article 6 of Decree No. 37/2007/NĐ-CP who did not declare in December 2007 due to the absence of the list, the Minister, Head of a ministry-level agency, Head of a government agency, Director of the National Assembly Office, Director of the President’s Office, Chief of the Party Central Committee Office, Heads of Central Party Committees, and heads of central organizations must organize declarations immediately after the list is issued by the Prime Minister, and this is considered an initial declaration, except for those who have already declared for the purpose of elections or appointments.

2. Supplemental Declaration is the second or subsequent annual declaration or a declaration made for appointment purposes after having completed the initial declaration as stipulated in Point 1 of this Section. This declaration is conducted using Form No. 1 promulgated together with these Circulars.

Declarations made from after December 2007, including annual declarations starting from 2008 and declarations for appointments, are considered supplemental declarations.

Those who declared in 2007 for elections or appointments will still make a supplemental declaration in December 2007 using Form No. 1.

3. The initial declaration made according to Point 1 of this Section is the original declaration, serving as the basis for comparison and verification against subsequent supplemental declarations. The original declaration replaces previous declarations before Decree No. 37/2007/NĐ-CP took effect.

IV. OBLIGATION TO DECLARE

Persons subject to declaration as stipulated in Clause 1, Article 44 of the Law on Prevention and Control of Corruption and Article 6 of Decree No. 37/2007/NĐ-CP must conduct annual declarations and declarations for appointment purposes. Persons subject to declaration must declare themselves and bear full responsibility for the content and truthfulness of their declarations.

Part II

ANNUAL DECLARATION AND DECLARATION FOR APPOINTMENT PURPOSES

I. PROCEDURE FOR ANNUAL DECLARATION

1. To ensure compliance with regulations and deadlines, in November each year, based on the provisions of Articles 9 and 10 of Decree No. 37/2007/NĐ-CP, the unit responsible for organizational and cadre affairs of the agency, organization, or unit compiles a list of persons subject to declaration and submits it to the head of the agency, organization, or unit for approval.

Approval must be completed no later than November 30 each year.

2. After the list of persons subject to declaration is approved, the unit responsible for organizational and cadre affairs distributes the declaration forms and provides guidance on how to fill them out:

a) If it is an initial declaration, distribute the form promulgated together with Decree No. 37/2007/NĐ-CP;

b) If it is a supplemental declaration, distribute Form No. 1 promulgated together with these Circulars.

3. Persons subject to declaration must complete the declaration and submit the declaration form to the unit responsible for organizational and cadre affairs within ten days from receiving the declaration form.

4. Within five days from receiving the declaration form, the unit responsible for organizational and cadre affairs must review the declaration form; if the declaration does not comply with the prescribed format, they must request a re-declaration; the deadline for re-declaration is five days from receiving the request.

When receiving the declaration form, the recipient must issue a receipt according to the form promulgated together with Decree No. 37/2007/NĐ-CP and sign for receipt.

The declaration and submission of the declaration form may be delayed beyond the above deadlines if the person subject to declaration has a valid reason (illness, absence on official business, etc.).

5. The retention of the declaration form shall be carried out as follows:

a) If the declarant is not under the management of a party committee according to the cadre management hierarchy, the declaration form shall be kept together with the cadre file of the declarant at the unit responsible for organizational and cadre affairs.

b) If the declarant falls under the management of the Party Committee according to the regulations on分级管理干部, the unit responsible for organizational and cadre work shall make three certified copies; submit the original to the same-level Party Organization Committee; retain one certified copy at their own unit; send one certified copy to the same-level Party Inspection Committee with authority to manage cadres; and send one certified copy to the same-level State Audit Office (for supervision and verification purposes when necessary).

6. All activities above must be completed no later than December 31 of the declaration year.

II. PROCEDURE AND FORMALITIES FOR DECLARATION IN CONNECTION WITH APPOINTMENT

1. When there is a plan or anticipated appointment, the appointing authority shall require the person proposed for appointment to make a declaration.

If the person proposed for appointment has not made an initial declaration, they shall be issued Form attached to Decree No. 37/2007/ND-CP; if they have already made an initial declaration, they shall be issued Form No. 1 attached to this Circular.

2. The deadline for declaration and submission of the declaration form shall be set by the appointing authority to ensure that the appointment process follows the prescribed procedures, but must be completed before the date of trust vote and must allow sufficient time of ten days for the declarant to complete the declaration.

Part III

VERIFICATION, CONCLUSION, PUBLIC ANNOUNCEMENT OF THE CONCLUSION FOR APPOINTMENT, REMOVAL, RELIEF, DISCIPLINARY ACTION

I. ASSET AND INCOME VERIFICATION

1. Basis, authority to request verification; procedure and formalities for verification

1.1. When there are grounds as stipulated in Article 16 of Decree No. 37/2007/ND-CP, the agency or organization with authority as stipulated in Article 17 of Decree No. 37/2007/ND-CP shall be responsible for issuing a verification request.

For complaints or reports regarding the assets and income of the declarant, such complaints or reports shall only be considered as grounds for issuing a verification request if they contain clear content, specific evidence, and there is basis to determine that the declarant's declaration is not truthful, and the complainant or reporter clearly states their name, address, commits to full cooperation, and provides materials in their possession to the competent agency, organization, or unit for verification purposes. Anonymous or false-name complaints or reports will not be considered for issuing a verification request.

1.2. The procedure and formalities for verification shall be carried out in accordance with Articles 18, 21, 23, 24, 25, 27, 28, 29, and 32 of Decree No. 37/2007/ND-CP.

2. Authority to issue a verification decision

The authority to issue a verification decision as stipulated in Article 19 of Decree No. 37/2007/ND-CP shall be determined as follows:

2.1. At all levels, the Party Committee shall issue a verification decision for cadres under their management according to the regulations on分级管理干部.

For cadres under the management of the Party Standing Committee of communes, towns, wards, the Standing Committee of the Provincial Party Committee, District Party Committee, City Party Committee, and Town Party Committee shall issue a verification decision.

2.2. The head of the agency, organization, or unit with authority to manage the person proposed for verification shall issue a verification decision for those working in Party agencies, state agencies, political-social organizations, people's armed forces units, public service units, state-owned enterprises, and other units using state budget funds and state assets, but not within the scope specified in Point 2.1 of this Section.

For cadres and civil servants at commune level, the decision maker shall be the Chairman of the People's Committee at the district level.

3. Appointment of verifiers, establishment of verification teams

According to Clause 1 of Article 22 of Decree No. 37/2007/ND-CP, the authority issuing the verification decision shall consider and decide on the appointment of verifiers or the establishment of verification teams to ensure objectivity, truthfulness, and timeliness in accordance with the purpose and requirements of the verification; in cases where the verification involves complex content and multiple fields or areas, a verification team must be established.

4. Explanation of declaration

4.1. Before issuing a verification decision, the authority issuing the verification decision shall issue a written request for the person proposed for verification to explain the quantity, characteristics, and changes in assets and income (if any).

4.2. Within five days from receiving the request for explanation, the person requested shall provide a written explanation of the requested contents and submit it to the authority issuing the verification decision.

4.3. Within five days from receiving the written explanation, the authority issuing the verification decision shall consider and decide on issuing the verification decision in accordance with Clause 3 of Article 21 of Decree No. 37/2007/ND-CP.

In cases where the explanation contains credible information and shows that the explainer has declared truthfully, making verification unnecessary, the authority issuing the verification decision will not issue a verification decision and will bear responsibility for their decision.

5. Agencies, organizations, and units conducting verification

5.1. In cases where the person being verified falls under the management of the Party Committee according to the regulations on分级管理干部, the verification agency shall be determined as follows:

a) The Central Commission for Discipline Inspection shall conduct verification if the person being verified is a cadre under the management of the Politburo and the Secretariat; in necessary cases, they may summon officials from the Government Inspectorate to participate in verification;

b) The Provincial Party Committee Inspection Commission, City Party Committee Inspection Commission, and Central Party Committee-affiliated Party Committee Inspection Commission shall conduct verification if the person being verified is a cadre under the management of the Provincial Party Committee Standing Committee, City Party Committee Standing Committee, and Central Party Committee-affiliated Party Committee Standing Committee; in necessary cases, they may summon officials from provincial inspectors, ministry inspectors to participate in verification;

c) The County Party Committee Inspection Commission, District Party Committee Inspection Commission, City Party Committee Inspection Commission, and County Party Committee Inspection Commission shall conduct verification if the person being verified is a cadre under the management of the County Party Committee Standing Committee, District Party Committee Standing Committee, City Party Committee Standing Committee, and County Party Committee Standing Committee of the commune, town, ward Party Committee Standing Committee; in necessary cases, they may summon officials from county inspectors, department inspectors to participate in verification.

5.2. In cases where the person being verified is a cadre working in central and local Party agencies but not under the management of the Party Committee, the verification unit shall be determined as follows:

a) The unit responsible for organizational and cadre work at the central and provincial Party agencies shall conduct verification against the person to be verified who is working at that agency, organization, or unit;

b) The Organizational Department of the County Committee, District Committee, Town Committee, and City Committee under the province shall conduct verification against the person to be verified who is working at the Party agency at the county and commune levels.

5.3. In cases where the person to be verified does not fall within the purview of the Party committee's management, and is not a cadre currently working at Party agencies at the central and local levels, the authority conducting the verification shall be determined as follows:

a) At the central level, the inspectorate of the ministry shall conduct verification if the person to be verified is working at an agency, organization, or unit under the ministry or an agency with equivalent status. If necessary, the inspectorate of the ministry shall take the lead, coordinate, and mobilize cadres from the unit responsible for organizational and cadre work of the agency, organization, or unit under the ministry to participate in the verification.

At central-level agencies of political-social organizations and social-professional organizations using state budget and assets, the unit responsible for organizational and cadre work of such agencies shall conduct verification.

b) At the provincial level, the provincial inspectorate shall conduct verification if the person to be verified is working at an agency, organization, or unit in the province or centrally-administered city to serve the appointment, reappointment, and disciplinary actions within the authority of the Chairman of the Provincial People's Committee. If necessary, the provincial inspectorate shall take the lead, coordinate, and mobilize cadres from the provincial department of home affairs and the provincial inspectorate to participate in the verification.

At provincial-level agencies of political-social organizations and social-professional organizations using state budget and assets, the unit responsible for organizational and cadre work of such agencies shall conduct verification.

The provincial inspectorate shall conduct verification if the person to be verified is working at an agency, organization, or unit under the provincial department to serve the appointment, reappointment, and disciplinary actions within the authority of the Director of the provincial department. If necessary, the provincial inspectorate shall take the lead, coordinate, and mobilize cadres from the unit responsible for organizational and cadre work of the agency, organization, or unit under the provincial department to participate in the verification.

c) At the district level, the district inspectorate shall conduct verification if the person to be verified is working at an agency, organization, or unit under the district, town, or centrally-administered town to serve the appointment, reappointment, and disciplinary actions within the authority of the Chairman of the District People's Committee. If necessary, the district inspectorate shall take the lead, coordinate, and mobilize cadres from the district department of home affairs-labor, invalids and social affairs and relevant departments of the District People's Committee to participate in the verification.

At district-level agencies of political-social organizations and social-professional organizations using state budget and assets, the person authorized to issue the decision on verification as stipulated in Point 2.2 Section I Part 3 of this Circular shall assign the cadres under their management to conduct verification; in case it is necessary to ensure the objectivity, accuracy, and timeliness of the verification, they may issue a written request to the district inspection committee to cooperate in conducting the verification.

If the person to be verified is a commune-level cadre or civil servant, the district inspectorate shall conduct verification. If necessary, the district inspectorate shall take the lead, coordinate, and mobilize cadres from the district department of home affairs-labor, invalids and social affairs and relevant departments of the District People's Committee or commune-level cadres and civil servants to participate in the verification.

d) At state-owned enterprises, the unit responsible for organizational and cadre work shall conduct verification against the person to be verified who is working at that enterprise. For persons appointed as representatives of state capital in other enterprises, the person authorized to issue the decision on verification shall assign the state inspectorate at the same level to conduct verification; if there is no state inspectorate at the same level, the unit responsible for organizational and cadre work shall conduct the verification.

II. CONCLUSION AND PUBLIC DISCLOSURE OF THE CONCLUSION

1. The conclusion on the transparency of declaration and implementation shall be made according to the Model issued together with Decree No. 37/2007/NĐ-CP and must meet the following requirements:

1.1. If the declared content is consistent with the verification results, the conclusion shall only record: "the declared content is consistent with the verification results" (without mentioning information about the assets and income of the person to be verified).

1.2. If the declared content is inconsistent with the verification results, the conclusion must clearly record which type of asset or income has discrepancies, the specific discrepancy between the declaration and the verification results; for those assets and income that have been declared consistently with the verification results, they shall not be mentioned in the conclusion.

2. The public disclosure of the conclusion shall be carried out as follows:

2.1. For verifications serving appointments, dismissals, removals, and disciplinary actions, the authority issuing the conclusion must issue a decision to publicly disclose the conclusion immediately after the conclusion is issued.

2.2. For verifications requested by authorized agencies, organizations, or individuals, the agency, organization, or individual issuing the conclusion must issue a decision to publicly disclose the conclusion within five days from the date of receiving the request for public disclosure.

2.3. The conclusion shall be disclosed within the agency, organization, or unit where the person obligated to declare works. The form and duration of public disclosure shall be chosen by the authority issuing the decision to disclose in accordance with the purpose, requirements, and deadlines for appointments, dismissals, removals, and disciplinary actions as prescribed by law.

Part IV

DECLARATION, VERIFICATION, CONCLUSION, AND PUBLIC DISCLOSURE OF THE CONCLUSION TO SERVE ELECTIONS, REMOVALS OF NATIONAL ASSEMBLY DELEGATES; APPOINTMENTS, REMOVALS OF POSITIONS ELECTED BY THE NATIONAL ASSEMBLY; APPROVALS

I. DECLARATION OF ASSETS AND INCOME

1. Candidates for National Assembly delegates and those expected to be elected or approved at the National Assembly must declare according to Model No. 2 issued together with this Circular.

2. The procedures and formalities for declaration and submission of the declaration shall be implemented in accordance with the regulations of the Election Council.

II. REQUIREMENTS FOR VERIFICATION AND DECISION ON VERIFICATION OF ASSETS AND INCOME

1. The Election Council, the Standing Committee of the Central Front Organization of Vietnam Fatherland Front, the Election Committee, the Standing Committee of the Provincial Front Organization, and the Standing Committee of the National Assembly shall issue documents requesting verification for candidates for National Assembly deputies and those running for positions elected or approved by the National Assembly when there is one of the following grounds:

1.1. When there is a conclusion from the Party inspection committee, state audit agency, State Audit Office, or investigative agency regarding the responsibility of the candidate or the person expected to be elected or approved due to acts of corruption occurring under their management or related to corruption cases.

1.2. When there is an accusation or reflection concerning the assets or income of the candidate or the person expected to be elected or approved, provided that such accusation or reflection has clear content and sufficient basis for verifying the lack of honesty in declaration; the accuser or reflector clearly states their name, address, commitment to cooperate, and provision of relevant materials to the competent authority.

Accusations or reflections concerning the assets or income of candidates or persons expected to be elected or approved must be promptly examined and resolved in accordance with the regulations of the Party and the laws of the State.

2. After considering and weighing the grounds stipulated in Article 16 of Decree No. 37/2007/NĐ-CP and this Circular, the Standing Committee of the Central Front Organization of Vietnam Fatherland Front, the Election Committee, the Standing Committee of the Provincial Front Organization, and the Standing Committee of the National Assembly shall issue documents requesting verification so that the competent authority can make a decision to verify.

The issuance of documents requesting verification shall be carried out no later than thirty days before the final round of consultations to serve the establishment of the list of candidates, thirty days before the election day to serve the election of National Assembly deputies, and thirty days before the opening of the National Assembly session to serve the election and approval at the National Assembly.

In cases where it is truly necessary, the issuance of documents requesting verification may be carried out after the aforementioned deadlines, but must be suspended ten days before the election or approval date.

Cases with grounds for conducting verification arising after the aforementioned ten-day period will continue to be examined and resolved according to the regulations of the Party and the laws of the State.

3. In cases where the person to be verified is an official under the management of the Party's Central Committee or works in a Party agency, the request and decision to verify shall be carried out as follows:

3.1. If the person to be verified is an official under central management (including those working in localities), the Election Council, the Standing Committee of the Central Front Organization of Vietnam Fatherland Front, and the Standing Committee of the National Assembly shall issue a document requesting and proposing verification to be sent to the Central Inspection Committee for consolidation and submission to the competent authority managing officials to make a decision to verify.

3.2. If the person to be verified is an official under the management of the Standing Committee of the Party Committee directly under the Central Committee, the Election Council, the Standing Committee of the Central Front Organization of Vietnam Fatherland Front, and the Standing Committee of the National Assembly shall issue a document requesting and proposing verification to be sent to the Inspection Committee of the Party Committee directly under the Central Committee for consolidation and submission to the Standing Committee of the Party Committee directly under the Central Committee to make a decision to verify.

3.3. If the person to be verified is an official under the management of the Standing Committee of the Provincial Party Committee, City Party Committee, County Party Committee, District Party Committee, Town Party Committee, City Party Committee within a province, or the Standing Committee of the Village Party Committee, Ward Party Committee, Town Party Committee, or an official working in a Party agency at the local level, the Election Council, the Standing Committee of the Central Front Organization of Vietnam Fatherland Front, the Election Committee, the Standing Committee of the Provincial Front Organization, the Standing Committee of the National Assembly shall issue a document requesting and proposing verification to be sent to the Inspection Committee of the Provincial Party Committee, City Party Committee directly under the Central Committee for consolidation and submission to the Standing Committee of the Provincial Party Committee, City Party Committee directly under the Central Committee to make a decision to verify.

4. In cases where the person to be verified works in a state agency, political-social organization, people's armed force unit, public institution, state-owned enterprise, or other entity using state budget or property, but not under the management of the Standing Committee of the Party's Central Committee or local Party committees, the request and decision to verify shall be carried out as follows:

4.1. If the person to be verified is an official working in a state agency, organization, or unit at the central level, the Election Council, the Standing Committee of the Central Front Organization of Vietnam Fatherland Front, and the Standing Committee of the National Assembly shall issue a document requesting verification to be sent to the head of the agency, organization, or unit where the person to be verified works to make a decision to verify and assign the Ministry Inspectorate to conduct the verification, or if there is no Ministry Inspectorate, assign the Department or the Cadre and Organization Bureau to conduct the verification.

4.2. If the person to be verified is an official working in a state agency, organization, or unit at the local level (provincial, county, village level), the Election Committee, the Standing Committee of the Provincial Front Organization, and the Standing Committee of the National Assembly shall issue a document requesting and proposing verification to be sent to the Chairman of the People's Committee of the province to make a decision to verify and assign the provincial inspectorate to conduct the verification.

5. In cases where the person to be verified does not work in a state agency, political organization, political-social organization, people's armed force unit, public institution, state-owned enterprise, or other entity using state budget or property, the Standing Committee of the Central Front Organization of Vietnam Fatherland Front, the Election Committee, the Standing Committee of the Provincial Front Organization, or the Standing Committee of the National Assembly shall issue a document requesting verification to be sent to the provincial inspectorate where the person to be verified is running for candidacy for the provincial inspectorate to make a decision to verify and conduct the verification.

III. ORGANIZATIONS AND UNITS CONDUCTING VERIFICATION

1. In cases where the person to be verified is an official under the management of the Party's Central Committee, the organization conducting the verification shall be determined as follows:

1.1. The Central Inspection Committee shall conduct verification if the person to be verified is an official under the management of the Politburo or the Secretariat, or works at central Party agencies. In necessary cases, the Central Inspection Committee may summon officials from the Government Inspectorate to participate in the verification.

1.2. The provincial Party Committee Inspection Committees, municipal Party Committee Inspection Committees, and Inspection Committees of Party Committees directly under the Central Committee shall conduct verification if the person to be verified is an official under the management of the Standing Committee of the provincial Party Committee, municipal Party Committee, Party Committee directly under the Central Committee, the Standing Committee of the district Party Committee, urban district Party Committee, town Party Committee, city Party Committee within the province, the Standing Committee of the village Party Committee, ward Party Committee, town Party Committee, or works at local Party agencies. In necessary cases, the Inspection Committee may summon officials from the Ministry Inspectorate, provincial Inspectorate, Inspection Committees of district Party Committees, urban district Party Committees, town Party Committees, city Party Committees within the province, county Inspectorate, department Inspectorate to participate in the verification.

2. If the person to be verified does not fall under the management of the Standing Committee of the Party Committee and works at state administrative agencies, political-social organizations, people's armed forces units, public service units, state-owned enterprises, or other agencies, organizations, units using state budget funds or assets, the verifying agency shall be determined as follows:

2.1. The Ministry Inspectorate or the Department of Organization and Cadres, the Organization and Cadre Board of the agency, organization, or unit at the central level shall conduct verification for the person to be verified who works at that agency, organization, or unit.

2.2. The provincial Inspectorate shall conduct verification if the person to be verified works at an agency, organization, or unit at the local level (provincial, district, and commune levels). In necessary cases, the provincial Inspectorate shall take the lead, coordinate, and mobilize officials from the Provincial Department of Home Affairs, district Inspectorate, department Inspectorate to participate in the verification.

3. The provincial Inspectorate where the person to be verified is a candidate shall issue a verification decision and conduct verification if the person to be verified does not work in state administrative agencies, political organizations, political-social organizations, people's armed forces units, public service units, state-owned enterprises, or other agencies, organizations, units using state budget funds or assets. In necessary cases, the provincial Inspectorate may summon officials from the district Inspectorate, department Inspectorate to participate in the verification. The verification conclusion shall be sent to the Provincial Election Committee for public disclosure, and the provincial Inspectorate shall report the verification results to the Government Inspectorate and bear responsibility for the accuracy, honesty, and objectivity of the Report.

IV. CONCLUSIONS AND PUBLIC DISCLOSURE OF THE CONCLUSION ON TRANSPARENCY IN ASSET AND INCOME DECLARATION

1. The conclusion shall be carried out according to the Model issued together with Decree No. 37/2007/ND-CP and shall be implemented as provided in Point 1, Section II, Part 3 of this Circular.

2. Public disclosure of the conclusion for candidates for National Assembly deputies shall be conducted as follows:

2.1. When the agency or organization that has requested verification issues a request for public disclosure, the agency, organization, or individual with authority to conclude on transparency in declaration shall decide on the public disclosure of the conclusion.

The agency, organization, or individual deciding on public disclosure shall themselves disclose it or entrust the Election Council, the Standing Committee of the Vietnam Fatherland Front Central Committee, the Election Committee, or the Standing Committee of the Vietnam Fatherland Front Provincial Committee to organize the public disclosure of the conclusion.

2.2. The conclusion for candidates for National Assembly deputies shall be disclosed at the meeting of voters where they work or reside.

Other forms of public disclosure shall be considered and decided upon by the Election Council, the Standing Committee of the Vietnam Fatherland Front Central Committee.

3. Public disclosure of the conclusion for those expected to be elected or approved at the National Assembly shall be conducted as follows:

3.1. When the National Assembly Standing Committee issues a request for public disclosure, the agency, organization, or individual with authority to conclude shall decide on the public disclosure of the conclusion.

3.2. The conclusion for those expected to be elected or approved at the National Assembly shall be disclosed to National Assembly deputies during the National Assembly session.

Part V

DECLARATION, VERIFICATION, CONCLUSION, AND PUBLIC DISCLOSURE OF THE CONCLUSION TO SERVE THE ELECTION, REMOVAL FROM OFFICE OF DELEGATES TO THE NATIONAL ASSEMBLY; ELECTION, RELIEF FROM OFFICE, REMOVAL FROM OFFICE OF POSITIONS ELECTED OR APPROVED BY THE NATIONAL ASSEMBLY; APPROVAL OF POSITIONS ELECTED BY THE NATIONAL ASSEMBLY

I. DECLARATION OF ASSETS AND INCOME

The declaration for candidates for delegates to the National Assembly, those expected to be elected or approved at the National Assembly shall be carried out as stipulated in Section I of Part 4 of this Circular for candidates for delegates to the People's Councils and those expected to be elected or approved at the People's Councils.

II. REQUIREMENTS FOR VERIFICATION, DECISION ON VERIFICATION, CONCLUSION, AND PUBLIC DISCLOSURE OF THE CONCLUSION

Verification and public disclosure of the conclusion for candidates for delegates to the People's Councils at all levels and candidates for positions elected or approved by the People's Councils shall be conducted in accordance with the provisions of Decree No. 37/2007/NĐ-CP and Section II of Part 4 of this Circular, specifically as follows:

1. For the election of delegates to the People's Councils at provincial and district levels, it shall be carried out as follows:

1.1. If the candidate is an official under the management of the Standing Committee of the Party Committee or works at a Party agency, then:

a) The Election Committee, the Standing Committee of the Provincial or District People's Council, and the Provincial or District United Front Federation are the authorities issuing requests for verification and requests for public disclosure of the conclusion;

b) The Provincial or District Party Inspection Commission is the authority receiving requests, compiling, and submitting to the Standing Committee of the Party Committee at the same level for a decision on verification;

c) The Standing Committee of the Provincial Party Committee, the Standing Committee of the Municipal Party Committee directly under the Central Party Committee, the Standing Committee of the County Party Committee, the District Party Committee, and the City Party Committee under the Provincial Party Committee are the authorities issuing decisions on verification, conclusions on verification, and decisions on public disclosure of the conclusion;

d) The Provincial or District Party Inspection Commission is the authority conducting verification.

1.2. If the candidate does not fall within the scope mentioned in Point 1.1 of this Section, then:

a) The Election Committee, the Standing Committee of the Provincial or District People's Council, and the Provincial or District United Front Federation are the authorities issuing requests for verification and requests for public disclosure of the conclusion;

b) The Chairman of the Provincial or District People's Committee is the authority issuing decisions on verification, conclusions on verification, and decisions on public disclosure of the conclusion;

c) The Provincial or District Inspectorate is the authority conducting verification.

In cases where necessary, the Provincial or District Inspectorate will take the lead, coordinate, and summon officials from relevant agencies, organizations, and units (including commune-level officials and civil servants) to participate in verification.

2. Specifically for the election of delegates to the People's Councils at village level, it shall be carried out as follows:

2.1. If the candidate is an official under the management of the Standing Committee of the County Party Committee, then:

a) The Election Committee, the Standing Committee of the Village People's Council, and the Village United Front Federation are the authorities issuing requests for verification and requests for public disclosure of the conclusion;

b) The County Party Inspection Commission is the authority receiving requests, compiling, and submitting to the Standing Committee of the Party Committee at the same level for a decision on verification;

c) The Standing Committee of the County Party Committee, the District Party Committee, the City Party Committee, and the Town Party Committee under the Provincial Party Committee are the authorities issuing decisions on verification, conclusions on verification, and decisions on public disclosure of the conclusion;

d) The County Party Inspection Commission is the authority conducting verification.

In cases where necessary, the County Party Inspection Commission will take the lead, coordinate, and summon officials from relevant agencies, organizations, and units (including commune-level officials and civil servants) to participate in verification.

2.2. If the candidate does not fall within the scope managed by the Standing Committee of the County Party Committee, then:

a) The Election Committee, the Standing Committee of the Village People's Council, and the Village United Front Federation are the authorities issuing requests for verification and requests for public disclosure of the conclusion;

b) The Chairman of the County People's Committee is the authority issuing decisions on verification, conclusions on verification, and decisions on public disclosure of the conclusion;

c) The County Inspectorate is the authority conducting verification.

In cases where necessary, the County Inspectorate will take the lead, coordinate, and summon officials from relevant agencies, organizations, and units (including commune-level officials and civil servants) to participate in verification.

3. For the election and approval of positions at the People's Councils at provincial and district levels, it shall be carried out as follows:

a) The Standing Committee of the People's Council is the authority issuing requests for verification and requests for public disclosure of the conclusion;

b) The Standing Committee of the Party Committee is the authority issuing decisions on verification, conclusions on verification, and decisions on public disclosure of the conclusion;

c) The Party Inspection Commission at the same level is the authority conducting verification.

4. For the election and approval of positions at the People's Councils at village level, it shall be carried out as follows:

a) The Standing Committee of the Village People's Council is the authority issuing requests for verification and requests for public disclosure of the conclusion;

b) The Standing Committee of the County Party Committee, the District Party Committee, the City Party Committee, and the Town Party Committee under the Provincial Party Committee is the authority issuing decisions on verification, conclusions on verification, and decisions on public disclosure of the conclusion;

c) The County Party Inspection Commission is the authority conducting verification.

In cases where necessary, the County Party Inspection Commission will take the lead, coordinate, and summon officials from relevant agencies, organizations, and units (including commune-level officials and civil servants) to participate in verification.

5. Public disclosure of the conclusion of verification for candidates for delegates to the People's Councils at provincial, district, and village levels shall be carried out as stipulated in Point 2 of Section IV of Part 4 of this Circular.

6. The conclusion for those expected to be elected or approved for positions at the People's Councils shall be disclosed to the delegates to the People's Council during the session of the People's Council.

IIII. VERIFICATION, CONCLUSION, AND PUBLIC DISCLOSURE OF THE CONCLUSION TO SERVE THE APPROVAL OF POSITIONS ELECTED BY THE PEOPLE'S COUNCILS

Verification, conclusion, and public disclosure of the conclusion to serve the approval of positions elected by the People's Councils shall be carried out in accordance with the provisions of Section II of this Part.

Part VI

IMPLEMENTATION

I. For the declaration, verification, conclusion, and public disclosure of the conclusion to serve the election, approval, relief from office, and removal from office of positions at the Congress of political organizations and political-social organizations, it shall be guided specifically by the central agency of such organization based on the provisions of the Law on Prevention and Control of Corruption, Decree No. 37/2007/NĐ-CP, and Parts I, II, and III of this Circular..

II. The President of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy, the Minister of National Defense, and the Minister of Public Security shall base on the provisions of the Anti-Corruption Law, Decree No. 37/2007/NĐ-CP, and this Circular to provide detailed guidance on the declaration, verification, conclusion, and public announcement of the conclusion within the judiciary sector, prosecution sector, Military Districts, and the Vietnamese Public Security.

III. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

IV. Joint Circular No. 527/TTLT/TTCP-BNV-UBKTTW dated March 22, 2007, issued by the Government Inspectorate, the Ministry of Home Affairs, and the Central Inspection Committee, guiding the determination of agencies and units conducting asset and income verification for the election of National Assembly deputies and the election and approval of positions at the National Assembly, and Circular No. 556/2007/TT-TTCP dated March 26, 2007, issued by the Government Inspectorate, guiding the declaration, verification, and public announcement of conclusions on asset and income verification for the election of National Assembly deputies and People's Council deputies and the election and approval of positions at the National Assembly and People's Councils, shall cease to be effective upon the effectiveness of this Circular.

V. Within their functions, tasks, and authorities, state inspection agencies shall take the lead and coordinate with Party inspection committees and home affairs agencies at the same level to guide, urge, and inspect the declaration, verification, conclusion, and public announcement of the conclusion.

Annually, state inspection agencies, Party inspection committees, and home affairs agencies shall compile the situation regarding declarations, verifications, conclusions, and public announcements of conclusions, and report to the Government Inspectorate, the Central Inspection Committee, and the Ministry of Home Affairs. The reporting must be completed in the first quarter.

The Government Inspectorate shall take the lead and coordinate with the Central Inspection Committee and the Ministry of Home Affairs to compile the overall situation for reporting to the Government, the Prime Minister, and the Central Steering Committee for Anti-Corruption.

VI. During the implementation of this Circular, if there are any difficulties, they should be promptly reflected to the Government Inspectorate for coordination with relevant agencies to examine and resolve./.