Decree No. 68/2011/ND-CP Amending and supplementing certain articles of Decree No. 37/2007/ND-CP dated March 9, 2007 of the Government on asset and income transparency

DECREE

Amending and supplementing some articles of Decree No. 37/2007/NĐ-CP

dated March 9, 2007 of the Government on asset and income transparency

___________________________

THE GOVERNMENT

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

Pursuant to the Anti-Corruption Law dated November 29, 2005; the Law amending and supplementing some articles of the Anti-Corruption Law dated August 4, 2007;

Considering the proposal of the Government Inspector General,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 37/2007/NĐ-CP dated March 9, 2007 of the Government on asset and income transparency (hereinafter referred to as Decree No. 37/2007/NĐ-CP).

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

"Article 3. Explanation of terms

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

1. "Filing assets and income" means the act of the person obligated to file assets and income clearly stating the types of assets and income required to be filed according to the form issued together with this Decree;

2. "First-time filing of assets and income" means the act of the person obligated to file carrying out the first annual filing as prescribed by the Anti-Corruption Law;

3. "Supplementary filing of assets and income" means the act of the person obligated to file carrying out annual filings from the second time onwards;

4. "Assets and income required to be filed" include houses, construction works, 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 valued at fifty million dong or more; actual total income during the filing period;

5. "Changes in assets and income required to be filed" mean the increase or decrease in assets and income required to be filed compared to the most recent filing;

6. "Verification of assets and income" means the act of the competent authority conducting examination, evaluation, and conclusion regarding the truthfulness of the filing of assets and income according to the procedures stipulated in the Anti-Corruption Law, Decree No. 37/2007/NĐ-CP, and this Decree;Decree No. 37/2007/NĐ-CP and this Decree;

7. "Authority, organization, unit" includes state agencies, political organizations, political-social organizations, social organizations, social-professional organizations, people's armed forces units, public service units, state-owned enterprises, and other authorities, organizations, and units using state budget funds or state assets";

2. Supplementing Clause 5a following Clause 5 as follows:

"Clause 5a. Principles for filing assets and income

1. The person obligated to file assets and income shall be responsible for self-filing according to the information specified in the form issued together with this Decree and shall bear responsibility for the accuracy, honesty, and completeness of the content filed.

2. The first annual filing shall be carried out according to Form No. 01 issued together with this Decree.

3. Supplementary annual filing when the person obligated to file has changes in assets and income shall be carried out according to Form No. 02 issued together with this Decree.

Supplementary annual filing shall only be conducted when the person obligated to file has a change in total income during the filing period of fifty million dong or more or when there are changes in assets and income required to be filed as stipulated.

3. Amending and supplementing Article 11 as follows:

"Article 11. Management, use, and disclosure of asset and income declaration forms

1. Asset and income declaration forms shall be managed under the cadre file management system and may only be used in the following cases:

a) To serve the election, appointment, dismissal, removal, or disciplinary action against the person obligated to file assets and income;

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

c) To serve other organizational and cadre-related work.

2. When the filer is transferred or reassigned to another authority or organization, their asset and income declaration form must be transferred along with the cadre file to the competent authority managing it.

3. When the filer retires or leaves their job, their asset and income declaration form shall be kept with the cadre file.

4. The asset and income declaration form of cadres, civil servants, and public officials who are party members shall be managed according to this Decree and the regulations of the Party.

5. Disclosure of the asset and income declaration form of the person obligated to file shall be carried out as follows:

a) The asset and income declaration form of the person obligated to file must be disclosed within the authority, organization, or unit where they regularly work.

Based on the characteristics and situation of the authority, organization, or unit, the person authorized to manage cadres, civil servants, and public officials decides on disclosure through a public announcement at a meeting or posting the declaration form at the workplace of the authority, organization, or unit. The disclosure period must be from December 31 to March 31 of the following year but must last at least thirty days;

b) The asset and income declaration form of candidates for National Assembly deputies and People's Council representatives must be disclosed at the voters' meeting at their place of work or residence. The timing and method of disclosure are carried out according to the regulations of the Election Council and the Standing Committee of the Vietnam Fatherland Front;

c) The asset and income declaration form of persons expected to be elected or approved by the National Assembly or People's Council must be disclosed to National Assembly deputies and People's Council representatives at the session. The timing and method of disclosure are carried out according to the regulations of the National Assembly Standing Committee and the People's Council Standing Committee;

d) If the person obligated to file assets and income is a member of a political organization or political-social organization, in addition to disclosing the declaration form as provided for in Clause 1 of this Article, they must also disclose the declaration form as prescribed by that organization";

4. Amending Article 16 on grounds for requesting verification of assets and income as follows:

"Article 16. Grounds for requesting verification of assets and income

Verification of assets and income shall be carried out when any of the following grounds exist:

1. When there is a conclusion by the Party Inspection Agency, State Audit Office, State Control Agency, or investigation agency regarding the responsibility of the person obligated to file assets and income related to acts of corruption.

2. When there is a complaint or reflection regarding the assets and income of the person obligated to declare assets and income, and such complaint or reflection contains clear content, specific evidence, and grounds for verification of the lack of honesty in declaring assets and income, and the complainant or reflector clearly states their name, address, commits to full cooperation, and provides documents they possess to the competent authority, organization, or unit to serve the purpose of verifying assets and income.

3. When additional information is deemed necessary to serve the purposes of election, appointment, dismissal, removal, or disciplinary action against the person obligated to declare assets and income.

5. Amend Article 19 on the issuance of decisions to verify assets and income as follows:

Article 19. Issuance of Decisions to Verify Assets and Income

1. The head of the authority, organization, or unit with management jurisdiction over the person obligated to declare assets and income shall issue a decision to verify assets and income in the following cases:

a) When there is a written request according to Clause 4, Article 1 of this Decree and Article 17 of Decree No. 37/2007/NĐ-CP;

b) When there is a written request from the Standing Committee of the National Assembly; the Standing Body of the People's Council; or the regular body of political organizations or political-social organizations to serve the purpose of removal for positions elected, approved, or confirmed by the National Assembly, People's Council, political organizations, or political-social organizations;

c) When there is one of the bases provided for in Clause 4, Article 1 of this Decree to serve the purpose of appointment, dismissal, removal, or disciplinary action by the head of the authority, organization, or unit with management jurisdiction over the person obligated to declare;

d) When the person obligated to declare has engaged in corruption but it does not reach the level of criminal prosecution.

2. Verification of assets and income for persons involved in corruption that is subject to criminal prosecution shall be carried out in accordance with the laws on criminal procedure.

6. Amend and supplement Article 33 as follows:

Article 33. Disciplinary Action Against Persons Who Declare Assets and Income Untruthfully

1. For cadres who are concluded to have declared assets and income untruthfully, they shall be disciplined by one of the following forms of disciplinary action depending on the nature and degree of the offense:

a) Reprimand;

b) Warning;

c) Dismissal from position.

2. For civil servants who are concluded to have declared assets and income untruthfully, they shall be disciplined by one of the following forms of disciplinary action depending on the nature and degree of the offense:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

c) Demotion in rank;

d) Dismissal.

3. Within five days from the date of the conclusion on the untruthful declaration of assets and income, the head of the authority, organization, or unit with the power to impose disciplinary action must conduct an examination and impose disciplinary action on the person who declared untruthfully.

4. The authority, procedures, and formalities for imposing disciplinary action on persons who declare assets and income untruthfully, who are cadres, civil servants, or public officials, shall be implemented in accordance with the laws on disciplinary action for cadres, civil servants, and public officials.

5. Disciplinary action against persons who declare assets and income untruthfully, who are officers or professional soldiers in units under the People's Army; or officers in units under the Public Security Force, shall be implemented in accordance with the laws on the People's Army and the Public Security Force.

6. The disciplinary decision against persons who declare assets and income untruthfully must be publicly posted at the office of the authority, organization, or unit where the person works; the period of public posting must be at least three months from the date the disciplinary decision is issued.

7. Supplement Article 33a after Article 33 as follows:

Article 33a. Disciplinary Action Against Acts of Delaying Declaration, Organizing Declaration, and Reporting Results on Asset and Income Transparency

1. The head of the authority, organization, or unit with cadres who are required to declare assets and income and organize the declaration late compared to the provisions of the law; the person obligated to declare assets and income who declares late compared to the deadline set by the head of the authority, organization, or unit; the person responsible for compiling and reporting results on asset and income transparency who implements late compared to the deadline set by the head of the authority, organization, or unit shall be disciplined by one of the following forms of disciplinary action depending on the nature and degree of the offense:

a) Reprimand;

b) Warning;

c) Reduction in rank.

2. The authority, procedures, and formalities for imposing disciplinary action on the head of the authority, organization, or unit who organizes the declaration late; the person obligated to declare assets and income who declares late; and the person responsible for compiling and reporting results on asset and income transparency who implements late shall be implemented in accordance with the laws on disciplinary action for cadres and civil servants.

8. Supplement Article 35a after Article 35 as follows:

Article 35a. Supervision by the Vietnam Fatherland Front Committee and its member organizations

1. Within their respective duties and powers, the Vietnam Fatherland Front Committee and its member organizations shall be responsible for supervising the implementation of laws on asset and income transparency for cadres, civil servants, and public officials.

2. When necessary, state agencies shall invite representatives of the Vietnam Fatherland Front Committee and its member organizations to participate in supervision, inspection, and examination of the implementation of laws on asset and income transparency. The Vietnam Fatherland Front Committee and its member organizations shall provide information and send personnel to participate when requested.

3. The Vietnam Fatherland Front Committee and its member organizations shall receive and reflect the opinions of the people regarding dishonest declarations of assets and income, and make recommendations to competent authorities to consider and handle such cases.

4. In case of signs of suspicious wealth or income, the Vietnam Fatherland Front Committee and its member organizations shall recommend that competent authorities examine and resolve the matter. Within fifteen (15) days from the date of receipt of the recommendation, the relevant agency, organization, or individual shall examine and resolve the matter and report the results to the Vietnam Fatherland Front Committee and its member organizations.

5. For individuals residing at the commune or residential area level but working elsewhere, the Vietnam Fatherland Front Committee and members of the Vietnam Fatherland Front at the commune, ward, and town levels have the right to detect and recommend handling of dishonest declarations of assets and income, and signs of suspicious wealth or income.

9. Supplement Article 36a following Article 36 as follows:

Article 36a. Guidance, urging, inspection, auditing, and summarizing the results of declaration, verification, conclusion, and publicizing the conclusion

1. The head of the agency, organization, or unit shall be responsible for guiding, urging, inspecting, and summarizing the results of the declaration of assets and income, managing the declaration forms for those who are required to declare within their management scope; periodically reporting the results to the auditing body at the same level.

2. The Party Organization Departments at all levels shall manage the declaration forms, summarize the results of declarations for those who are required to declare within the management scope of the Party Committee according to the regulations on cadre classification of the Party; periodically sending summarized data on declarations to the auditing body at the same level.

3. The Civil Service Departments at all levels shall guide, urge, inspect, audit, and summarize the results of declarations, verifications, conclusions, and publicizing the conclusions for those declaring while working at social organizations, social-professional organizations, and other units using state budget and property; periodically reporting the results to the auditing body at the same level.

4. The Party Inspection Committees at all levels shall summarize the results of verifications, conclusions, and publicizing the conclusions on the transparency of asset and income declarations (hereinafter referred to as conclusions) for those who are required to declare within the management scope of the Party Committee according to the regulations on cadre management classification of the Party; periodically sending summarized data to the auditing body at the same level.

5. The State Auditing Bodies at all levels shall guide, urge, inspect, audit, and summarize the results of: declarations, publicizing the declaration forms, verifications, conclusions, and publicizing the conclusions within their own ministries, sectors, and localities; periodically reporting the results to the higher-level State Auditing Body.

The Government Inspectorate shall guide, urge, inspect, audit, and summarize the results of: declarations, publicizing the declaration forms, verifications, conclusions, and publicizing the conclusions nationwide.

6. Central Ministries and Sectors with national administrative management functions shall be responsible for guiding, urging, inspecting, auditing, and summarizing the results of: declarations, publicizing the declaration forms, verifications, conclusions, and publicizing the conclusions for economic groups, holding companies, state-owned enterprises, and joint-stock companies with state capital under their administrative management.

Periodically, the aforementioned agencies, organizations, and units shall summarize the results of asset and income declarations of their own units and send them to the auditing body under the management of the Ministry or Sector for consolidation.

7. The reporting period runs from January 1 to December 31 each year; the latest reporting deadline is March 31 of the following year.

10. Amend and supplement the Model Declaration Form for Assets and Income as follows:

1. Amend and supplement the Model Declaration Form for Assets and Income number 01 issued together with Decree No. 37/2007/ND-CP to become the Initial Declaration Form for Assets and Income (Model No. 01) issued together with this Decree.

2. Supplement the Additional Declaration Form for Assets and Income (Model No. 02) issued together with this Decree.

3. Supplement the Declaration Form for Assets and Income (Model No. 03) issued together with this Decree: Declaration Form for Assets and Income applicable for declarations serving appointments, dismissals, and removals; candidacies for National Assembly and People's Council representatives; elections and confirmations of positions at the National Assembly and People's Council.

Article 2. Transitional Provisions

1. Individuals who have not declared assets and income according to the Anti-Corruption Law, Decree No. 37/2007/ND-CP, and Circular No. 2442/2007/TT-TTCP dated November 13, 2007 shall declare initially according to Model No. 01 issued together with this Decree.

2. Individuals who have already declared assets and income according to the Anti-Corruption Law, Decree No. 37/2007/ND-CP, and Circular No. 2442/2007/TT-TTCP dated November 13, 2007 shall declare initially according to Model No. 02 issued together with this Decree.

3. Candidates for National Assembly and People's Council representatives; individuals expected to be elected or confirmed at the National Assembly and People's Council; individuals expected to be appointed to leadership positions; individuals expected to be dismissed or removed shall declare according to Model No. 03 issued together with this Decree.

Article 3. Effectiveness

This Decree takes effect from September 30, 2011.

Previous provisions and declaration models contrary to this Decree are abolished from the date this Decree takes effect.

Article 4. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Councils, Chairpersons of People's Committees of provinces and centrally governed cities, and relevant organizations, units, and individuals shall be responsible for implementing this Decree./.