Decree No. 37/2007/ND-CP on asset and income transparency

DECREE

On asset and income transparency

______________

THE GOVERNMENT

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

BASED ON THE Anti-Corruption Law dated November 29, 2005;

CONSIDERING the proposal of the Inspector General,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

THIS DECREE provides detailed regulations and guidance on implementing certain provisions regarding transparency of assets and income under Section 4 Chapter II of the Anti-Corruption Law, including asset and income declaration; verification of assets and income; handling violations of transparency of assets and income regulations; and responsibilities of agencies, organizations, units, and individuals in organizing implementation.

Article 2. Applicability

The subjects to which this Decree applies include persons obligated to declare assets and income as stipulated in Clause 1 Article 44 of the Anti-Corruption Law and Article 6 of this Decree; agencies, organizations, units, and individuals related to asset and income declaration and verification.

Article 3. Definitions

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. "ASSET AND INCOME DECLARATION" means the act of persons obligated to declare assets and income clearly stating the types of assets and income required to be declared according to the form issued together with this Decree;

2. "ASSETS AND INCOME TO BE DECLARED" refers to houses, land use rights; precious metals, precious stones, money, negotiable instruments, and other types of assets valued at fifty million dong or more; overseas assets and accounts; income subject to taxation as prescribed by law;

3. "CHANGES IN ASSETS TO BE DECLARED" refers to increases or decreases in assets and income to be declared compared to the most recent declaration;

4. "VERIFICATION OF ASSETS AND INCOME" means the act of agencies, organizations, and units with authority conducting examination, evaluation, and conclusion on the truthfulness of asset and income declarations according to procedures and formalities prescribed in the Anti-Corruption Law and this Decree.

Article 4. Prohibited Acts

1. DISPOSING OF ASSETS IN ANY FORM TO AVOID ASSET AND INCOME DECLARATION; OBSTRUCTING ASSET AND INCOME VERIFICATION.

2. ILLEGALLY EXPLOITING OR USING ASSET AND INCOME DECLARATION FORMS; ABUSING MANAGEMENT AND USE OF ASSET AND INCOME DECLARATION FORMS TO CAUSE INTERNAL DIVISIONS OR TO COMMIT OTHER VIOLATIONS OF LAW.

3. ABUSING ASSET AND INCOME VERIFICATION TO CREATE DIFFICULTIES AND OBSTACLES FOR THE NORMAL ACTIVITIES OF THE PERSONS BEING VERIFIED; MISREPRESENTING AND INSULTING THE REPUTATION OF THE PERSONS BEING VERIFIED; CAUSING INTERNAL DIVISIONS OR TO COMMIT OTHER VIOLATIONS OF LAW.

Chapter II

DECLARATION OF ASSETS AND INCOME

Article 5. Purpose of Asset and Income Declaration

Asset and income declaration serves for agencies, organizations, and units with authority to know the assets and income of persons obligated to declare, thereby ensuring transparency of such assets and income; serving personnel management work for civil servants and contributing to preventing and curbing acts of corruption.

Article 6. Persons Obligated to Declare Assets and Income

1. FULL-TIME NATIONAL ASSEMBLY DELEGATES, FULL-TIME PEOPLE'S COUNCIL DELEGATES, CANDIDATES FOR NATIONAL ASSEMBLY DELEGATE POSITIONS, AND CANDIDATES FOR PEOPLE'S COUNCIL DELEGATE POSITIONS.

2. OFFICIALS AND CIVIL SERVANTS FROM VICE DEPARTMENT HEADS OF PROVINCE LEVEL PEOPLE'S COMMITTEES AND ABOVE, AND PERSONS RECEIVING SUBSTITUTION ALLOWANCES EQUIVALENT TO VICE DEPARTMENT HEADS OF PROVINCE LEVEL PEOPLE'S COMMITTEES AND ABOVE IN AGENCIES, ORGANIZATIONS, AND UNITS.

3. MILITARY OFFICERS IN COMMAND POSITIONS FROM VICE COMPANY COMMANDER, VICE COUNTY MILITARY COMMANDER, AND ABOVE IN THE PEOPLE'S ARMED FORCES; POLICE OFFICERS IN COMMAND POSITIONS FROM VICE COMPANY COMMANDER, VICE POLICE STATION COMMANDER, VICE POLICE STATION CHIEF, AND ABOVE IN THE PEOPLE'S PUBLIC SECURITY FORCES.

4. DIRECTORS, VICE DIRECTORS, INSTITUTE HEADS, VICE INSTITUTE HEADS, CHIEF ACCOUNTANTS, DEPARTMENT HEADS, VICE DEPARTMENT HEADS, DEPARTMENT CHIEFS, ASSOCIATE PROFESSORS AT STATE HOSPITALS AND RESEARCH INSTITUTES.

5. EDITOR-IN-CHIEFS, VICE EDITOR-IN-CHIEFS, CHIEF ACCOUNTANTS, DEPARTMENT HEADS, VICE DEPARTMENT HEADS, SECTION HEADS, VICE SECTION HEADS OF NEWSPAPERS AND MAGAZINES USING STATE BUDGETS AND ASSETS.

6. PRINCIPALS, VICE PRINCIPALS, CHIEF ACCOUNTANTS OF STATE NURSERY, PRIMARY SCHOOL PRINCIPALS AT DISTRICT, CITY, AND PROVINCE LEVELS; PRINCIPALS, VICE PRINCIPALS, CHIEF ACCOUNTANTS, DEPARTMENT HEADS, VICE DEPARTMENT HEADS, DEPARTMENT CHIEFS, ASSOCIATE PROFESSORS, CHIEF PROFESSORS OF STATE LOWER SECONDARY SCHOOLS, UPPER SECONDARY SCHOOLS, VOCATIONAL COLLEGES, TRAINING CENTERS, AND CONTINUOUS EDUCATION CENTERS; PRINCIPALS, VICE PRINCIPALS, CHIEF ACCOUNTANTS, DEPARTMENT HEADS, VICE DEPARTMENT HEADS, DEPARTMENT CHIEFS, CHIEF PROFESSORS, ASSOCIATE PROFESSORS OF STATE UNIVERSITIES AND COLLEGES.

7. DIRECTORS, VICE DIRECTORS, CHIEF ACCOUNTANTS, DEPARTMENT HEADS, VICE DEPARTMENT HEADS, SECTION HEADS, VICE SECTION HEADS OF PROJECT MANAGEMENT BOARDS USING STATE BUDGETS AND ASSETS; DIRECTORS, VICE DIRECTORS, CHIEF ACCOUNTANTS OF PROJECT MANAGEMENT BOARDS USING OFFICIAL DEVELOPMENT ASSISTANCE FUNDS (ODA).

8. GENERAL MANAGERS, VICE GENERAL MANAGERS, DIRECTORS, VICE DIRECTORS, CHAIRMEN, VICE CHAIRMEN, BOARD MEMBERS, CHIEF AUDITORS, VICE CHIEF AUDITORS, AUDITORS, CHIEF ACCOUNTANTS, DEPARTMENT HEADS, VICE DEPARTMENT HEADS, SECTION HEADS, VICE SECTION HEADS OF STATE ENTERPRISES; PERSONS APPOINTED BY THE STATE TO HOLD SUCH POSITIONS IN ENTERPRISES WITH STATE CAPITAL.

9. SECRETARIES, VICE SECRETARIES OF PARTY COMMITTEES; CHAIRMEN, VICE CHAIRMEN OF PEOPLE'S COUNCILS; CHAIRMEN, VICE CHAIRMEN, MEMBERS OF PEOPLE'S COMMITTEES AT COMMUNE, WARD, AND TOWN LEVELS; POLICE STATION COMMANDERS, MILITARY COMMANDERS AT COMMUNE LEVEL; LAND ADMINISTRATION AND URBAN PLANNING OFFICIALS, FINANCE AND ACCOUNTING OFFICIALS OF PEOPLE'S COMMITTEES AT COMMUNE, WARD, AND TOWN LEVELS.

10. INVESTIGATORS, PROSECUTORS, JUDGES, COURT CLERKS, STATE AUDITORS, INSPECTORS, EXECUTION OFFICERS, STATE NOTARIES.

11. THE MINISTER OF HOME AFFAIRS, AFTER CONSULTATION WITH THE MINISTERS, HEADS OF GOVERNMENT-LEVEL MINISTRIES, HEADS OF GOVERNMENT-LEVEL AGENCIES, DIRECTORS OF THE NATIONAL ASSEMBLY OFFICE, DIRECTORS OF THE PRESIDENTIAL PALACE OFFICE, DIRECTORS OF THE PARTY CENTRAL COMMITTEE OFFICE, CHIEFS OF THE PARTY CENTRAL COMMITTEE SECTIONS, HEADS OF CENTRAL ORGANIZATIONS OF POLITICS AND SOCIETY, SHALL PREPARE AND SUBMIT TO THE PRIME MINISTER FOR ISSUANCE THE LIST OF PERSONS OBLIGATED TO DECLARE ASSETS AND INCOME WHO ARE ENGAGED IN STATE BUDGET AND ASSET MANAGEMENT WORK OR DIRECTLY HANDLING AND RESOLVING MATTERS FOR AGENCIES, ORGANIZATIONS, UNITS, AND INDIVIDUALS IN GOVERNMENT ADMINISTRATIVE AGENCIES AT ALL LEVELS, PARTY AGENCIES, POLITICAL AND SOCIAL ORGANIZATIONS, NATIONAL ASSEMBLY OFFICES, PEOPLE'S COUNCIL OFFICES, AND PRESIDENTIAL PALACE OFFICES.

Article 7. RIGHTS AND DUTIES OF PERSONS OBLIGATED TO DECLARE ASSETS AND INCOME

1. PERSONS OBLIGATED TO DECLARE ASSETS AND INCOME HAVE THE FOLLOWING RIGHTS:

a) Ensuring the confidentiality of the content of the asset and income declaration in accordance with the provisions of the law;

b) Filing complaints and reports against violations of the law by agencies, organizations, or individuals in implementing the regulations on transparency of assets and income under the Anti-Corruption Law and this Decree;

c) Restoring honor and reputation, and being compensated for damages caused by violations of the regulations on transparency of assets and income;

2. Subjects obligated to declare assets and income have the following obligations:

a) Truthfully, completely, and within the prescribed time limit, declaring the quantity of assets and income that must be declared and changes compared to the most recent previous declaration;

b) Truthfully, completely, and promptly explaining matters related to the declaration of assets and income when requested by competent authorities, organizations, or units;

c) Fully complying with the requirements of competent authorities, organizations, or units serving the verification of assets and income;

3. Subjects obligated to declare assets and income who are members of political organizations or political-social organizations shall, in addition to performing the rights and obligations stipulated in Clause 1 and Clause 2 of this Article, also perform asset and income declaration obligations as prescribed by such organizations;

Article 8. Assets and Income to be Declared

1. The following types of houses and construction works:

a) Houses and construction works other than those rented or used belonging to the State;

b) Houses and construction works owned by themselves, their spouses, or minor children who have been issued a Certificate of Ownership;

c) Houses and construction works owned by themselves, their spouses, or minor children but not yet issued a Certificate of Ownership or registered in another person's name;

2. The following land use rights:

a) Land use rights of themselves, their spouses, or minor children who have been issued a Certificate of Land Use Rights;

b) Land use rights of themselves, their spouses, or minor children but not yet issued a Certificate of Land Use Rights or registered in another person's name;

3. Foreign assets and accounts of themselves, their spouses, or minor children;

4. Income from the level subject to personal income tax according to the provisions of the law;

5. Precious metals, precious stones, money, savings certificates, stocks, bonds, checks, other transferable instruments, motorcycles, cars, ships, and other assets valued at fifty million dong or more each;

Article 9. Procedures for Declaring Assets and Income, and Receiving Declarations

1. By no later than November 30 each year, the head of the agency, organization, or unit shall instruct the unit responsible for organizational and personnel work to send out asset and income declaration forms, provide guidance, and require subjects obligated to declare to complete the declaration of assets and income;

2. Within ten days from the date of receiving the asset and income declaration, the subject obligated to declare must complete and submit the declaration of assets and income to the unit responsible for organizational and personnel work;

3. When receiving the declaration of assets and income, the recipient must issue a receipt form as prescribed in this Decree and sign for receipt;

4. Within five days from the date of receiving the declaration of assets and income from the subject obligated to declare, the unit responsible for organizational and personnel work must recheck the declaration and file the records; if the declaration does not comply with the prescribed format, it must request a re-declaration, with a deadline of five days from the date of the request;

The declaration must be completed by no later than December 31;

Article 10. Responsibilities of Heads of Agencies, Organizations, and Units in Declaring Assets and Income

1. Serving as a model in fulfilling the obligation to declare assets and income in accordance with the law;

2. Organizing and directing timely declarations, ensuring the correct subjects, procedures, and formats as prescribed by the Anti-Corruption Law and this Decree;

3. Being responsible for violations of the regulations on declaring assets and income within the agencies, organizations, or units they manage or oversee, in accordance with the law;

Article 11. Management, Exploitation, and Use of Asset and Income Declarations

1. Asset and income declarations are managed in accordance with the cadre file management system and can only be exploited and used in the following cases:

a) To serve the election, appointment, dismissal, resignation, removal, or disciplinary action of the subject obligated to declare assets and income;

b) To serve the activities of competent authorities in verifying, investigating, and concluding on acts of corruption;

c) To serve organizational and personnel work;

2. When a declarant is transferred or reassigned to another agency or organization, their asset and income declaration must be transferred along with the cadre file to the competent authority managing the new agency or organization;

3. When a declarant retires or leaves the job, their asset and income declaration will be kept together with the cadre file;

4. Asset and income declarations of Party members among cadres, civil servants, and public officials are managed in accordance with this Decree and Party regulations; if Party regulations require the disclosure of asset and income declarations, such disclosure must be carried out in accordance with these regulations;

Article 12. Procedures for Exploiting and Using Asset and Income Declarations

1. When exploiting and using asset and income declarations, the person carrying out the exploitation and use must have an introduction letter from the agency, organization, or unit requiring the exploitation and use, clearly stating the name, position of the person coming to exploit and use, and the purpose of the exploitation and use;

2. The exploitation and use of asset and income declarations must be conducted at the agency managing the declarations; if necessary, exploitation and use at another location must be approved by the head of the competent agency, organization, or unit managing the subject obligated to declare and must have a handover record;

3. The person assigned to exploit and use must carry out the exploitation and use in accordance with the purpose stated in the introduction letter and in compliance with the law.

Article 13. Responsibilities of the Manager and Custodian of Property and Income Declarations

1. Arrange, preserve, and store property and income declarations in accordance with regulations on cadre file management.

2. Provide complete and timely property and income declarations and facilitate access for agencies, organizations, and units that have requests.

3. Shall not alter the contents, cause loss, or damage to property and income declarations.

4. Shall not allow others to exploit or use property and income declarations unlawfully.

Article 14. Handling Violations in Managing, Exploiting, and Using Property and Income Declarations

Any person who alters the contents, causes loss or damage, or discloses confidential information in property and income declarations; provides declarations to unauthorized persons for exploitation or use; exploits or uses property and income declarations unlawfully; or takes advantage of such exploitation or use to undermine internal unity shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation.

Chapter III

VERIFYING ASSETS AND INCOME

Article 15. Purpose of Verifying Property and Income

The purpose of verifying property and income is to examine, evaluate, and conclude on the truthfulness of property and income declarations; monitor changes in the property and income of declarants; contribute to preventing, detecting, and handling acts of corruption; and build a clean and strong cadre, civil servant, and public official corps.

Article 16. Basis for Requesting Verification of Property and Income

Requests for verification of property and income are made when any of the following grounds exist:

1. When there is a conclusion from the Party Inspection Agency, State Audit Office, or Investigative Agency regarding the responsibility of the declarant related to acts of corruption.

2. When there is a complaint or report about the property and income of the declarant that has clear content, specific evidence, and a basis for verifying the untruthfulness of the declaration, and the complainant or reporter clearly states their name, address, commits to full cooperation, and provides materials they possess to authorized agencies, organizations, or units to serve the verification process.

Article 17. Authority to Request Verification of Property and Income

When any of the grounds specified in Article 16 of this Decree exist, the following authorities may issue a request for verification of property and income:

1. The Standing Committee of the National Assembly and the Standing Committee of the People's Council may require the head of the agency, organization, or unit with authority over the candidate to be elected or approved at the National Assembly or People's Council to issue a decision to verify the property and income of the candidate.

2. The permanent body of political organizations or political-social organizations may require the head of the agency, organization, or unit with authority over the candidate to be elected at the congress of the political organization or political-social organization to issue a decision to verify the property and income of the candidate.

3. The Prime Minister, Chairman of the Provincial People's Committee, or Chairman of the District People's Committee may require the head of the agency, organization, or unit with authority over the candidate to be approved for appointment by the People's Council to issue a decision to verify the property and income of the candidate.

4. The Election Committee or the People's Council United Front Committee with authority may require the head of the agency, organization, or unit with authority over the candidate for election as a National Assembly Delegate or People's Council Delegate to issue a decision to verify the property and income of the candidate.

5. The President may require the Prime Minister to issue a decision to verify the property and income of the candidate for Deputy Prime Minister, Minister, or Head of an equivalent ministry; require the Chief Justice of the Supreme People's Court to issue a decision to verify the property and income of the candidate for Deputy Chief Justice or Judge of the Supreme People's Court; and require the Chief Prosecutor of the Supreme People's Procuracy to issue a decision to verify the property and income of the candidate for Deputy Chief Prosecutor or Prosecutor of the Supreme People's Procuracy.

6. The Standing Committee of the National Assembly may require the State Auditor General to issue a decision to verify the property and income of the candidate for Deputy State Auditor General.

Article 18. Time Limit for Receiving Complaints and Reports to Request Verification of Property and Income for Candidates to Be Elected or Approved at the National Assembly, People's Council, or Congress of Political Organizations and Political-Social Organizations; and for Candidates for National Assembly Delegates and People's Council Delegates

1. Complaints or reports about the property and income of candidates to be elected or approved at the National Assembly, People's Council, or congress of political organizations and political-social organizations will only be considered as grounds for requesting verification of property and income if they are submitted to the competent agency, organization, or unit no later than thirty days before the opening day of the National Assembly session, People's Council session, or congress of political organizations and political-social organizations.

2. Complaints or reports about the property and income of candidates for National Assembly Delegate or People's Council Delegate will only be considered as grounds for requesting verification of property and income if they are submitted to the Election Committee or the People's Council United Front Committee with authority no later than thirty days before the final round of consultations on the list of candidates.

Article 19. Issuing a Decision to Verify Property and Income

1. The head of the agency, organization, or unit with authority over the declarant shall issue a decision to verify property and income in the following cases:

a) When there is a request in writing according to Article 16 and Article 17 of this Decree;

b) When there is one of the grounds provided for in Article 16 of this Decree to serve the appointment of the head of the agency, organization, or unit with authority over the candidate;

c) When there is a written request from the Standing Committee of the National Assembly, the Standing Committee of the People's Council, or the permanent body of political organizations or political-social organizations to serve the removal or dismissal of positions appointed or approved by the National Assembly, People's Council, or political organizations and political-social organizations.

d) When it is necessary to obtain additional information for the purpose of removing from office, dismissing, or disciplining a person obligated to declare assets and income;

đ) When a person obligated to declare assets and income engages in acts of corruption but such acts do not reach the level of criminal prosecution.

2. The verification of assets and income of persons engaged in acts of corruption that are subject to criminal prosecution shall be carried out in accordance with the laws on criminal procedure.

Article 20. The agency or unit conducting the verification of assets and income

The person issuing the decision to verify assets and income shall assign the following agencies or units to conduct the verification of assets and income:

1. In cases where the person to be verified is under the management of a Party Central Committee, the agency conducting the verification shall be the Inspection Committee at the same level;

2. In cases where the person to be verified is not under the management of a Party Central Committee, the agency conducting the verification shall be the State Inspectorate at the same level; if there is no State Inspectorate, then the unit responsible for organizational and personnel work of the relevant agency, organization, or unit shall conduct the verification.

3. The Government Inspectorate shall coordinate with the Ministry of Home Affairs and the Central Inspection Committee of the Communist Party to issue a joint circular guiding the determination of the agencies, organizations, or units conducting the verification of assets and income.

Article 21. Explanation regarding the declaration of assets and income

1. Before issuing a decision to verify assets and income, the person authorized to issue the decision must issue a written request to the person to be verified to explain the truthfulness of their declaration of assets and income.

2. Within five days from the date of receipt of the request for explanation, the person requested must provide a written explanation of the contents required to be explained and submit it to the person authorized to issue the decision to verify.

3. Within five days from the date of receipt of the written explanation, the authorized person must review the content of the explanation and issue a decision to verify assets and income; if no decision to verify is issued, a written statement explaining the reasons must be sent to the agency, organization, or unit that requested the verification.

Article 22. Decision to verify assets and income

1. The decision to verify assets and income must include the following contents:

a) Basis for issuing the decision to verify;

b) Name, position, workplace of the person to be verified;

c) Name, position, place of work of the person conducting the verification; if a verification team is established, the name, position, and place of work of the Team Leader and members of the verification team (hereinafter referred to as the verifier) must be clearly stated;

d) Content of verification;

đ) Verification deadline;

e) Duties and powers of the verifier.

2. In cases where the verification of assets and income involves complex content and nature, affecting multiple fields and wide-ranging verification areas, the person issuing the decision to verify may establish a verification team and has the right to request relevant agencies, organizations, or units to send staff to participate in the verification team.

3. The model of the decision to verify assets and income is attached to this Decree.

Article 23. Content of verification of assets and income

The content of verification of assets and income involves comparing the information about assets and income declared in the declaration form with the actual assets and income of the person being verified, including:

1. Quantity of various types of assets and income;

2. Description of assets and income;

3. Changes in assets and explanations about changes in assets (if any).

Article 24. Activities of verifying assets and income

During the process of verifying assets and income, the verifier conducts the following activities:

1. Studying files and documents related to the verification;

2. Meeting directly with the person being verified;

3. Verifying on-site regarding the assets and income being verified;

4. Meeting with agencies, organizations, and units managing and storing files and documents related to the assets and income being verified;

5. Working with agencies, organizations, or individuals with expertise in the technical aspects of the verified assets to evaluate and appraise those assets;

6. Meeting with other agencies, organizations, and individuals related to assist in the verification of assets and income;

7. Other necessary activities for the verification of assets and income.

Article 25. Powers and responsibilities of the verifier

1. Conducting the verification of assets and income when having a decision to verify assets and income.

2. Verifying assets and income objectively, truthfully, accurately, and promptly; in accordance with the content and time limit specified in the decision to verify.

3. Requesting the person being verified to provide information and documents related to the verification content.

4. Requesting agencies, organizations, or individuals with information and documents related to the verification content to provide such information and documents.

5. Recommending agencies, organizations, or units with authority to apply necessary measures to prevent asset flight; illegal interference and obstruction of the verification activities.

6. Keeping confidential the information and documents collected during the verification process and only reporting them to the person issuing the decision to verify assets and income.

7. Not falsifying the verification file or results.

8. Reporting the verification results to the person issuing the decision to verify and bearing responsibility for the accuracy, truthfulness, and objectivity of the reported content.

Article 26. Rights and obligations of the person being verified for assets and income

1. Explaining the contents being verified during the verification of assets and income.

2. Requesting the person making the conclusion on the transparency of the declaration of assets and income to reconsider their conclusion if there is evidence that the conclusion is inaccurate, untruthful, or non-objective; in case of disagreement with the resolution result, they have the right to request the head of the superior agency, organization, or unit of the person making the conclusion to reconsider the conclusion.

3. Reporting violations of the law during the verification of assets and income according to the law on complaints.

4. Strictly complying with the requirements of the verifier; conclusions and decisions of the agencies, organizations, or units issuing the decision to verify.

Article 27. Responsibilities of related agencies, organizations, units, and individuals

When requested by the person issuing the decision to verify, the verifier, land administration agencies, tax agencies, banks, and other related agencies, organizations, units, or individuals have the responsibility to:

1. Provide information and documents related to the verification content and bear responsibility for the accuracy of the provided information and documents.

2. Assign responsible persons to work with the verifier to support the verification activities.

3. Carry out activities within their jurisdiction and expertise to support the verification process, clarify necessary information during the verification, or prevent asset flight and obstructive actions against the verification of assets and income.

Article 28. Minutes of the meeting

1. Meetings between the verifier and the verified person, between the verifier and relevant agencies, organizations, units, and individuals must be recorded in minutes.

2. The minutes of work sessions shall include the following contents:

a) Time and place of the session;

b) Participants;

c) Content of the session;

d) The conclusion of the meeting or the agreed content during the meeting;

đ) Reservations (if any).

Article 29. Report on the verification results of assets and income

1. Within fifteen days from the date of issuing the decision to verify assets and income, the verifier shall conduct verification activities as prescribed in Article 24 of this Decree and submit a report on the verification results of assets and income to the person who issued the verification decision.

2. The report on the results of verification of assets and income shall include the following contents:

a) Content of verification, verification activities conducted, and verification results;

b) Files, documents, evidence collected during the verification process; meeting minutes;

c) The conclusion of the verifier regarding the declaration of assets and income;

d) Recommendations for handling those who declare assets and income dishonestly (if applicable).

Article 30. Conclusion on the transparency of asset and income declarations

1. Within five days from the date of receiving the report on the verification results of assets and income, after reviewing the verification result report and the explanation of the verified person, the person who issued the verification decision must issue a conclusion on the transparency of asset and income declarations and send it to the verified person, the agency, organization requesting verification, and the complainant if the complainant requests it.

2. The content of the conclusion on the transparency of asset and income declarations must clearly state whether there is consistency or inconsistency between the declaration of assets and income and the verification results; in cases where there is inconsistency between the verification results and the declaration, the conclusion must state that it is not truthful and specify the discrepancies in the quantity of assets and income, information about assets and income, changes in assets; decide or recommend the competent authority to handle those who declare assets and income dishonestly.

3. In cases where the verified person requests the person who issued the conclusion on the transparency of asset and income declarations to review the conclusion again, the person who issued the conclusion has the responsibility to review and respond to the request within five days from the date of receipt of the request; if the requester disagrees with the resolution result of the person who issued the conclusion and requests the head of the superior agency, organization, unit of the person who issued the conclusion to make recommendations, the person receiving the recommendation must review and issue a decision to resolve; this decision serves as the basis for handling candidates, persons expected to be elected, approved for verification of assets and income as prescribed in Clause 1, 2, and 4 of Article 17 of this Decree.

4. The model of the conclusion on the transparency of asset and income declarations is issued together with this Decree.

Article 31. Publicizing the conclusion on the transparency of asset and income declarations

1. Within five days from the date of receiving the request to publicize the conclusion on the transparency of asset and income declarations from the agency, organization that requested verification as prescribed in Article 17 of this Decree, the person who issued the conclusion must issue a decision to publicize that conclusion.

2. For the verification of assets and income serving the purpose of removal, dismissal, disciplinary action, or when there is corruption behavior, the person who issued the conclusion on the transparency of asset and income declarations must immediately issue a decision to publicize that conclusion after it is issued.

3. The conclusion on the transparency of asset and income declarations shall be publicized at locations specified in Clause 1 of Article 50 of the Law on Prevention and Control of Corruption.

4. The conclusion on the transparency of asset and income declarations of candidates for National Assembly deputies, People's Council deputies shall be publicized at the voters' meetings where they work or reside.

Article 32. Verification file of assets and income

1. The verification of assets and income must be documented in a file. The verification file includes:

a) Decision to verify; meeting minutes; explanations of the verified person; report on verification results;

b) Conclusion on the transparency of asset and income declarations;

c) Request and recommendation documents of the person who issued the verification decision, the verifier;

d) Evaluation and appraisal results during the verification process (if any);

đ) Other related documents to the verification process.

2. Management and use of the verification file of assets and income shall be carried out in accordance with the provisions of the law on management of cadre files.

3. Strictly prohibit the disclosure of information in the verification file of assets and income; anyone who violates shall be subject to disciplinary action or criminal liability according to the provisions of the law depending on the nature and severity of the violation.

Chapter IV

HANDLING VIOLATIONS OF THE PROVISIONS ON TRANSPARENCY IN ASSET AND INCOME DECLARATIONS

DISCIPLINARY ACTION AGAINST PERSONS WHO DECLARE ASSETS AND INCOME UNTRUTHFULLY

Article 33. Disciplinary action against persons who declare assets and income untruthfully

1. Persons concluded as untruthful in declaring assets and income shall be subject to disciplinary action in one of the following forms depending on the nature and severity of the violation:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

d) Demotion.

2. Within five days from the date of the conclusion on the untruthful declaration of assets and income, the head of the agency, organization, unit authorized to impose disciplinary action must proceed to review and impose disciplinary action on the untruthful declarer.

3. The authority, procedure, and process for imposing disciplinary action on persons who declare assets and income untruthfully, who are cadres, civil servants, and public officials, shall be implemented in accordance with the provisions of the law on disciplinary action for cadres, civil servants, and public officials.

4. The imposition of disciplinary action on persons who declare assets and income untruthfully, who are officers and professional military personnel in agencies and units under the People's Army; officers in agencies and units under the People's Public Security shall be carried out in accordance with the provisions of the law on the People's Army and the People's Public Security.

5. The disciplinary decision against persons who declare assets and income untruthfully must be publicly posted at the office of the agency, organization, unit where they work; the minimum duration of public posting is three months from the date the disciplinary decision is issued.

Article 34. Handling persons who declare assets and income untruthfully, who are candidates for National Assembly deputies, People's Council deputies, persons expected to be elected, approved at the National Assembly, People's Councils, congresses of political organizations, political-social organizations, persons expected to be approved, appointed

1. A person nominated for election as a member of the National Assembly or People's Council who is found to have declared assets and income dishonestly shall be removed from the list of candidates for one term.

2. A person proposed for election, approval at the National Assembly, People's Council, or political organization congress, or proposed for approval or appointment who is found to have declared assets and income dishonestly shall not be elected, approved, or appointed within one year from the date of being found to have declared dishonestly.

3. A person nominated for election as a member of the National Assembly or People's Council, or proposed for election, approval, or appointment who is found to have declared assets and income dishonestly and who is an officer, civil servant, public official, or professional military personnel in agencies or units under the Vietnam People's Army; or an officer in agencies or units under the Ministry of Public Security, in addition to being handled according to the provisions of Clause 1 and Clause 2 of this Article, shall also be disciplined according to the provisions of Article 33 of this Decree.

Article 35. Handling responsibility in verifying assets and income

1. A person requesting verification, a person issuing a decision on verification, a person conducting verification, or a person issuing a conclusion on the transparency of asset and income declaration who violates the regulations on verifying assets and income shall be subject to disciplinary action according to the law, depending on the nature and severity of the violation.

2. A person requesting verification, a person issuing a decision on verification, a person conducting verification, or a person issuing a conclusion on the transparency of asset and income declaration who violates the regulations on verifying assets and income and infringes upon the legitimate rights and interests of the verified person shall publicly correct in writing and send it to the verified person and their workplace agency, organization, or unit.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 36. Responsibilities of the Government Inspectorate

1. Organizing, directing, and guiding inspection work on the implementation of regulations on transparent asset and income declaration according to the content, procedures, and processes stipulated in the Anti-Corruption Law, Government Decree No. 120/2006/NĐ-CP dated October 20, 2006 detailing and guiding the implementation of certain articles of the Anti-Corruption Law, and this Decree.

2. Taking the lead and coordinating with ministries, ministerial-level agencies, government agencies, and related agencies to guide, inspect, and urge levels and sectors to implement regulations on transparent asset and income declaration.

3. Summarizing and reporting to the Government and the Prime Minister the results of implementing regulations on transparent asset and income declaration.

Article 37. Responsibilities of Ministries, Ministerial-Level Agencies, Government Agencies, Provincial People's Committees, and Municipal People's Committees under Central Government

1. Organizing, directing, promoting, disseminating, urging, and inspecting the implementation of regulations on transparent asset and income declaration within their respective ministries, sectors, localities, and agencies.

2. Reviewing and abolishing, within their authority; proposing relevant authorities with jurisdiction to abolish regulations contrary to the regulations on transparent asset and income declaration in the Anti-Corruption Law and this Decree.

3. Awarding collectives and individuals with achievements; strictly handling those who violate regulations on transparent asset and income declaration.

Article 38. Effectiveness

This Decree takes effect from the date of signature.

The provisions in Chapter II of Government Decree No. 64/1998/NĐ-CP dated August 17, 1998 detailing and guiding the implementation of the Anti-Corruption Ordinance and Government Decree No. 13/2002/NĐ-CP dated January 30, 2002 amending and supplementing certain articles of Government Decree No. 64/1998/NĐ-CP dated August 17, 1998 shall cease to be effective from the date this Decree takes effect.

Article 39. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Councils, Chairpersons of Provincial People's Committees, and Municipal People's Committees under Central Government, and related agencies, organizations, units, and individuals are responsible for implementing this Decree./.