Chương II Luật Phòng, chống tham nhũng 2018: Phòng ngừa tham nhũng trong cơ quan, tổ chức, đơn vị

Chapter II

PREVENTION OF CORRUPTION

Section 1. INFORMATION DISCLOSURE AND TRANSPARENCY IN STATE ORGANIZATIONS

Article 9. Principles

1. Every state organization shall disclose information about its organization structure and operation, except for state secrets, business secrets and other information prescribed by law.

2. The information disclosed shall be accurate, clear, adequate and timely, comply with law procedures established by competent authorities.

Article 10. Information to be disclosed

1. Every state organization shall disclose the following information:

a) Implementation of policies and laws relevant to the lawful rights and interests of officials, public employees, other employees, servicemen and citizens;

b) Distribution, management and use of public funds, public assets or funds from other lawful sources;

c) Human resources management; code of conduct for office holders;

d) Implementation of policies and laws other than those mentioned in Point a through b of this Clause but have to be disclosed by law.

2. Besides the information mentioned in Clause 1 of this Article, state organizations that have influence over other state organizations and individuals shall disclose information about administrative procedures.

Article 11. methods of information publishing

1. Information can be published in one of the following manners:

a) Making announcements at meetings of the organization;

b) Posting information at the premises of the organization;

c) Sending written notices to relevant organizations;

d) Publishing printed matters;

dd) Making announcements through mass media;

e) Posting information on websites;

g) Holding press conferences;

h) Providing information on demand.

2. In the cases where the form of information publishing is not specified by the law, the head of the state organization shall apply one or some of the methods specified in Points b, c, d, dd, e and g Clause 1 of this Article. The head may decide on an additional method mentioned in Point a and Point h Clause 1 of this Article.

Article 12. Responsibility for information disclosure and transparency

1. The head of a state organization is responsible for disclosing information about the organization in accordance with this Law and relevant laws.

2. The head of a state organization is responsible for instructing and inspecting organizations and individuals under his/her management disclosing information and take or propose actions against violations as prescribed by law.

Article 13. Press conferences, public announcements and provision of information for the press

1. State organizations shall hold press conferences, make public announcements and provide information for the press on a periodic or ad hoc basis regarding their organizational structure and operation, anti-corruption works and actions against corruption cases in accordance with journalism laws.

2. State organizations shall hold press conferences, make public announcements and provide information for the press on an ad hoc basis regarding pressing issues relevant to their organization and operation, unless otherwise prescribed by journalism laws.

Article 14. Right to request information

1. State authorities, political organizations, socio-political organizations and press agencies, within the scope of their duties and entitlements, are entitled to request state organizations to provide information about their organizational structure and operation as prescribed by law.

Within 10 days from the day on which the request is received, the requested organization shall provide the information, unless it has been publish through mass media, published as printed matters or publicly posted. Otherwise, a written explanation has to be sent to the requesting organization.

2. Citizens are entitled to request state authorities to provide information in accordance with regulations of law on accessibility of information.

3. Provision of information by state organizations for officials and public employees, workers, officers and servicemen in the armed forces working in the same organizations shall comply with regulations of law on grassroots democracy and relevant laws.

Article 15. Accountability

1. An organization or individual shall provide explanation for their decisions or actions during performance of their duties at the request of the organization or individual that is directly affected by such decisions or actions. The explaining person shall be the head of the organization or a person lawfully authorized to provide explanation.

2. In the cases where a press agency that publishes information about violations of law requests explanation for the performance of duties, the requested authority shall provide explanation for the press as prescribed by law.

3. Provision of explanation on request of supervising authorities or other competent authorities shall comply with relevant laws.

4. The Government shall elaborate Clause 1 of this Article.

Article 16. Reporting and publishing of reports on anti-corruption works

1. The Government shall submit annual reports on nationwide anti-corruption works for the National Assembly; The People’s Committees shall submit reports on local anti-corruption works to the People’s Councils of the same administrative area.

2. The People’s Supreme Court, the People’s Supreme Procuracy and State Audit Office of Vietnam shall cooperate with the Government in preparing reports on nationwide anti-corruption works.

3. The people’s courts of provinces and districts, the people’s Procuracies of provinces and districts shall cooperate with the People’s Committees at the same level in preparing reports on local anti-corruption works.

4. A report on anti-corruption works shall contain:

a) The current state of corruption;

b) Results of implemented measures for prevention and discovery of corruption; actions against corruption, recovery of corruptly-acquired assets and other contents relevant to state management of anti-corruption works.

c) Assessment of anti-corruption works, orientations, solutions and proposals.

5. Every anti-corruption report shall be published on websites of regulatory authorities or mass media.

Article 17. Criteria for assessment of anti-corruption works

1. Criteria for assessment of anti-corruption works:

a) Quantity, nature and seriousness of the corruption case;

b) Development and completion of anti-corruption laws and policies;

c) Implementation of measures for prevention of corruption;

d) Discovery of and actions against corruption;

dd) Recovery of corruptly-acquired asset.

2. The Government shall elaborate this Article.

Section 2. ESTABLISHMENT AND APPLICATION OF NORMS, STANDARDS AND BENEFITS OF STATE ORGANIZATIONS

Article 18. Establishment, promulgation and application of norms, standards and benefits

1. Every state agency, within the scope of their duties and entitlements, has the responsibility to:

a) Establish, promulgate and apply its own norms, standards and benefits;

b) Publish its established norms, standards and benefits;

c) Apply and publish the result of application of its norms, standards and benefits.

2. Political organizations, socio-political organizations, public service agencies, other organizations and units using state funds, pursuant to Clause 1 of this Article, shall provide instructions on application or cooperate with competent authorities in establishing, promulgating and publishing their norms, standards and benefits, apply them and publish the application result.

3. No state organization may establish norms, standards and benefits against the law.

Article 19. Inspection and actions against regulations of law on norms, standards and benefits

1. State organizations, within the scope of their duties and entitlements, shall inspect the application of established norms, standards and benefits and promptly take actions against violators.

2. Violators of established norms, standards and benefits shall be dealt with in accordance with Article 94 of this Law and pay compensation as follows:

a) The person that permits excessive spending shall pay compensation for the value of the excessive amount and any damage caused; the person that exceeds the spending limit with the permission of the aforementioned person shall have the joint responsibility to pay compensation;

a) The person that exceeds the spending limit without permission shall pay compensation for the value of the excessive amount and any damage caused.

Section 3. IMPLEMENTATION OF CODE OF CONDUCT FOR OFFICE HOLDERS IN STATE ORGANIZATIONS

Article 20. Code of conduct for office holders

1. During performance of duties and in social relationships, office holders in state organizations shall implement the code of conduct, which includes social norms, permissible and prohibited actions that are meant to maintain integrity, responsibility and ethics of office holders.

2. Office holders in state organizations are prohibited from:

a) Harassment during task performance;

b) Establishing, participating in administration of sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives, unless otherwise prescribed by law;

c) Providing information about state secrets, business secrets or other secrets about their tasks or any task in which they participate for other domestic and foreign organizations and individuals;

d) Establishing, holding managerial or executive positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives in the field that was under their management according to regulations of the Government;

dd) Illegally using information of their organizations;

e) Other actions that office holders must not do according to the Law on officials and public employees, the Law on Enterprises and relevant laws.

3. The heads and deputies of state organizations must not allow their spouses, parents, children or siblings to hold positions of personnel management, accounting, treasurer or warehouse-keeper in their organizations or participate in transactions, trade of goods or services or conclusion of contracts with their organizations.

4. The heads and deputies of state organizations must not contribute capital to enterprises operating in the same field as that of their organizations, and must not allow their spouses, parents or children to do business in the same field as that of their organizations.

5. Members of Board of Directors or the Board of members, the presidents, general directors, deputy general directors, directors, deputy directors, chief accountants and holders of other managerial positions of state-owned enterprises must not sign contracts with enterprises owned by their spouses, parents, children or siblings; must not allow enterprises owned by their spouses, parents, children or siblings to bid for contracts of their enterprises; must not allow their spouses, parents, children or siblings to hold positions of personnel management, accounting, treasurer or warehouse-keeper in their enterprises or participate in transactions, trade of goods or services or conclusion of contracts with their enterprises.

Article 21. Power to issue code of conduct for office holders in state organizations

1. Ministers, heads of ministerial agencies, heads of governmental agencies, chairperson of the Office of the President, chairperson of the Office of the National Assembly shall issue code of conduct for officer holders in their fields.

2. Executive judge of the People’s Supreme Court, director of the Supreme People’s Procuracy, State Auditor General shall issue code of conduct for office holders in their fields.

3. The Minister of Internal Affairs shall issue code of conduct for office holders in local governments.

4. Central authorities of political organizations and socio-political organizations shall issue the code of conduct for office holders in their organizations.

Article 22. Giving and receiving gifts

1. State organizations and office holders must not use public funds or public assets as gifts, unless they are given for charitable purposes, diplomatic purposes and other cases in which it is necessary as prescribed by law.

2. State organizations and office holders must not directly or indirectly receive gifts in any shape or form from another organization or individual that is relevant to the tasks they are performing or under their management.

3. The Government shall elaborate this Article.

Article 23. Managing conflict of interest

1. In the cases where a person, during performance of his/her duties, knows or has to know about conflict of interest, he/she shall report to a competent person for consideration.

2. Any state organization and individual that discovers conflict of interest of an office holder shall inform the office holder’s manager or employer for consideration.

3. If the office holder’s manager or employer finds that the integrity, objectivity or truthfulness of the office holder can be affected by the conflict of interest, he/she shall:

a) supervise the performance of duties by the office holder affected by the conflict of interest;

a) suspend the office holder from performance of his/her duties; or

c) temporarily reassign the office holder.

4. The Government shall elaborate this Article.

Section 4. REASSIGNMENT OF OFFICE HOLDERS IN STATE ORGANIZATIONS

Article 24. Reassignment rules

1. State organizations shall periodically reassign their non-managerial officials and public employees in their organizations in order to prevent corruption. Reassignment of managerial officials shall comply with regulations on official reassignment.

2. The reassignment shall be objective, reasonable and suitable for the reassigned persons’ capacity without affecting normal operation of the organizations.

3. Reassignment shall be carried out under plans and disclosed within the organizations.

4. It is prohibited to abuse reassignment for personal gain or for the purpose of victimizing officials and public employees.

5. Regulations of Clauses 1 through 4 of this Article may also be applied to the following non-managerial persons:

a) Commissioned officers, career military personnel, national defense workers and public employees of units of the People’s Army;

b) Commissioned officers, non-commissioned officers and workers of units of the People’s Police.

Article 25. Positions subject to periodical reassignment and reassignment periods

1. Office holders whose positions are relevant to personnel management, management of public funds, public assets, public investment; office holders who are directly involved and have influence over the operation of the organization shall be periodically reassigned.

2. The aforementioned office holders shall be reassigned every 2 – 5 years depending on their fields.

3. In the cases where the only position subject to periodical reassignment requires special professional skills or knowledge, the reassignment shall be decided by the head of the organization.

4. The Government shall specify the positions subject to periodical reassignment and reassignment periods in Ministries, ministerial agencies, Governmental agencies and local governments.

Executive judge of the People’s Supreme Court, director of the Supreme People’s Procuracy, State Auditor General, the chairperson of Office of the President, the chairperson of Office of the National Assembly, central authorities of political organizations and socio-political organizations shall specify the positions subject to periodical reassignment and reassignment periods in their organizations.

Article 26. Reassignment plan

1. The head of a state organization shall issue and publish annual reassignment plans.

2. The reassignment plan shall specify the purposes, requirements and the positions subject to reassignment, time of reassignment, rights and obligations of reassigned personnel and implementation methods.

Section 5. ADMINISTRATIVE REFORM, APPLICATION OF SCIENCE AND TECHNOLOGY TO MANAGEMENT AND NON-CASH PAYMENT

Article 27. Administrative reform

Every state organization, within the scope of their duties and entitlements, has the responsibility to:

1. Publish and provide instructions on following administrative procedures; simplify and reduce procedures for working in person with other organizations and individuals;

2. Intensify inspection and supervision of task performance, management and use of public funds and public assets;

3. Develop and improve quality of officials and public employees; provide detailed description of every position in the organization;

4. Perform other administrative reform tasks.

Article 28. Application of science and technology to management

1. Every state organization shall increase investment in equipment, improving capacity, creativity and application of science and technology to their organization and operation.

2. Ministries shall enhance application of IT system and national database to management of their fields as prescribed by law.

Article 29. Non-cash payment

1. State organizations shall ensure that the following transactions are non-cash payment:

a) High-value revenues and expenditures where non-cash payment is possible according to regulations of the Government;

b) Payment of salaries, bonuses and other regular expenditures.

2. The Government shall apply financial and technological measures to reduce use of cash in transactions.

Section 6. ASSET AND INCOME SURVEILLANCES OF OFFICE HOLDERS IN STATE ORGANIZATIONS

Sub-section 1

AUTHORITY AND RESPONSIBILITY OF STATE ORGANIZATIONS AND INDIVIDUALS FOR ASSET AND INCOME SURVEILLANCE

Article 30. Asset surveillance authorities

1. Government Inspectorate shall keep surveillance of assets and income of holders of positions of directors of provincial departments and above who are working in Ministries, ministerial agencies, Governmental agencies, local governments, public service agencies, organizations established by the Prime Minister, state-owned enterprises, individuals required to declare assets and income under its management.

2. Provincial inspectorates shall keep surveillance of assets and incomes of individuals required to declare assets and income working in state organizations and state-owned enterprises under management of local government, except for the cases specified in Clause 1 of this Article.

3. Ministries, ministerial agencies, Governmental agencies shall keep surveillance of assets and incomes of individuals required to declare assets and income working in state organizations and state-owned enterprises under their management, except for the cases specified in Clause 1 of this Article.

4. The agencies that assist Standing Committee of the National Assembly in personnel management shall keep surveillance of assets and incomes of full-time delegates of the National Assembly and other individuals required to declare assets and income under management of Standing Committee of the National Assembly.

5. The National Assembly Office shall keep surveillance of assets and incomes of individuals required to declare assets and income working in Standing Committee of the National Assembly and the National Assembly, except for the cases specified in Clause 4 of this Article.

6. Office of the President shall keep surveillance of assets and income of the individuals required to declare assets and income working therein.

7. The People’s Supreme Court, the People’s Supreme Procuracy, State Audit Office of Vietnam shall keep surveillance of assets and income of the individuals required to declare assets and income working therein.

8. Competent authorities of Communist Party of Vietnam, central authorities of socio-political organizations shall keep surveillance of assets and income of the individuals required to declare assets and income working therein.

Article 31. Duties and entitlements of asset surveillance authorities

1. Asset surveillance authorities shall:

a) Manage and update declarations of assets and income (hereinafter referred to as “declaration”) and information about monitoring of assets and income;

b) Protect confidentiality of information obtained during their performance;

c) Apply or propose application of measures for providers of information relevant to monitoring of assets and income to competent authorities. The protection of such information providers is the same as protection of informers specified in Clause 1 Article 67 of this Law;

d) Provide declarations, information and data about monitoring of assets and income at the request of competent authorities specified in Article 42 of this Law;

dd) Transfer the cases of violations of law discovered during asset and income surveillance to competent authorities.

2. Asset surveillance authorities have the right to:

a) Request the individuals required to declare assets and income to provide information and explanation for increases of at least VND 300.000.000 in their assets or income compared to the previous declaration, or on other occasions to facilitate assets and income inspection;

b) Request relevant organizations and individuals to provide information about assets and income of individuals required to declare assets and income;

c) Inspect their assets and income and propose actions against violations in accordance with regulations of law on monitoring assets and income;

d) Request competent authorities or those managing assets and income to implement necessary measures for preventing concealment, destruction or movement of assets and income or other acts that obstruct inspection of assets and income;

dd) Request competent organizations and individuals to valuate or appraise assets and income.

3. The requests mentioned in Point b, d and dd Clause 2 of this Article must be made in writing and signed by the leader of the inspection team, the head or deputy of the asset surveillance authority. Procedures for requesting and providing information mentioned in Point b Clause 2 of this Article shall be specified by the Government.

Article 32. Responsibility of relevant organizations and individuals for monitoring assets and income

State Treasury, credit institutions, foreign branch banks, police authorities, tax authorities, customs authorities, land authorities, property registration authorities, relevant organizations and individuals shall:

1. Provide information about assets and income at the request of asset surveillance authorities and take responsibility for accuracy, adequacy and timeliness of the information provided; otherwise, an written response and explanation must be provided;

2. Implement necessary and lawful measures for clarifying information about assets and income or for preventing concealment, destruction or movement of assets and income or other acts that obstruct inspection of assets and income;

3. Carry out valuation or appraisal of assets and income as prescribed by law.

Sub-section 2

DECLARATION OF ASSETS AND INCOME

Article 33. Obligation to declare assets and income

1. Individuals required to declare assets and income shall declare their assets and income, changes to assets and income of themselves, their spouses and minor children in accordance with this Law.

2. Individuals required to declare assets and income shall truthfully declare their assets and income, origins of additional assets and income following the procedures in this Law, and take responsibility for such declaration.

Article 34. Individuals required to declare assets and income

1. Officials.

2. Commissioned officers of police and military forces, career military personnel.

3. Holders of positions of deputy managers and above in public service agencies, state-owned enterprises, appointed representatives of state capital in enterprises.

4. Nominees for the National Assembly delegates and the People’s Councils delegates.

Article 35. Assets and income subject to declaration

1. The following assets and income shall be declared:

a) Land use rights, houses, construction works and other property attached thereto;

b) Previous metals, gemstones, cash, financial instruments and other real property each of which is assessed at VND 50.000.000 or above;

c) Overseas property and accounts;

d) Total income between 02 declarations.

2. The Government shall provide declaration forms and implement the provisions of this Article.

Article 36. Method and time for declaration of assets and income

1. First declaration shall be made by:

a) Holders of the positions mentioned in Clause 1, 2, 3 Article 34 of this Law while this Law is affective. Declaration must be done by December 31, 2019;

b) Persons holding the positions mentioned in Clause 1, 2, 3 Article 34 of this Law for the first time. Declaration shall be done within 10 days from the date of designation or employment.

2. Additional declaration shall be done when there is a change of at least VND 300.000.000 to his/her assets and income in the year. Declaration shall be done by December 31 of the year in which the change occurs, unless such change has been declared in accordance with Clause 3 of this Article.

3. Annual declaration shall be made by:

a) Holders of positions of directors of provincial departments and above. Declaration must be done annually by December 31;

b) Persons other than those mentioned in Point a of this Clause in charge of official management, management of public funds, public property or public investment, or have influence over the operation of other entities as prescribed by the Government. Declaration must be done annually by December 31;

4. Declaration serving official management Firs declaration shall be made by:

a) The individuals required to declare assets and income specified in Clause 1, 2, 3 Article 34 of this Law before they are elected, designated, re-designated or re-assigned. Declaration shall be done at least 10 days before the intended date of election, designation, re-designation or reassignment;

b) The individuals required to declare assets and income mentioned in Clause 4 Article 34 of this Law. Time of declaration shall comply with regulations of law on voting.

Article 37. Organization of declaration of assets and income

1. Employers or managers of individuals required to declare assets and income shall:

a) Compile and send the list of individuals required to declare assets and income to a competent asset surveillance authority;

b) Provide instructions on declaration of assets and income for the individuals required to declare assets and income;

c) Keep a log of submission and transfer of declarations.

2. Individuals required to declare assets and income shall submit declaration forms to their employers or managers.

Article 38. Receipt, management and transfer of assets and income declarations

1. Employers and managers of individuals required to declare assets and income shall receive declaration forms.

2. Invalid or inadequate declaration forms shall be rejected. Another declaration must be submitted within 07 days from the rejection date, unless an acceptable explanation is provided.

3. Within 20 days from the day on which a declaration is submitted, the employer or manager shall verify it and send 01 copy to the asset management authority.

Article 39. Disclosure of assets and income declarations

1. Assets and income declarations shall be disclosed at the declarants’ workplace.

2. The declaration of a person who is expected to hold a managerial or executive position it a state organization shall be disclosed during the confidence voting.

3. Declarations of nominees for the National Assembly delegates and the People’s Councils delegates shall be made publicly available in accordance with voting laws.

4. Declarations of persons be voted for at the National Assembly and the People’s Councils shall be made available to delegates of the National Assembly and the People’s Councils before voting. Time and method of publishing of declarations shall be specified by Standing Committee of the National Assembly.

5. The declaration of a person who is expected to hold a managerial or executive position it a state organization shall be disclosed during the confidence voting or meeting of the Board of members.

6. The Government shall specify the time and method for disclosure of declarations in the cases mentioned in Clause 1, 2 and 5 of this Article.

Article 40. Monitoring changes in assets and income

Asset surveillance authorities shall monitor changes in assets and income of individuals required to declare assets and income by analysis of the declarations or other sources.

In the cases where there is a change of at least VND 300.000.000 that is not declared, the asset surveillance authority shall request provision of additional information; origins of any additional assets and income must be explained.

Sub-section 3

INSPECTION OF ASSETS AND INCOME

Article 41. Basis for verification of assets and income

1. A person’s assets and income shall be inspected in any of the following situations:

a) There is a clear sign of untruthful declaration of assets and income;

b) There is an increase of at least VND 300.000.000 in the property or income compared to the previous declaration and the declarant fails to provide a reasonable explanation for such increase;

c) There is a information about untruthful declaration of assets and income as prescribed by the Law on Denunciation;

d) Inspection of assets and income of a randomly selected individual under the annual inspection plan;

dd) The inspection is requested or proposed by a competent authority specified in Article 42 of this Law.

2. The Government shall specify the criteria for selection of individuals whose assets and income are inspected; development and approval of the annual assets and income inspection plan specified in Point d Clause 1 of this Article.

Article 42. Authority to request or propose inspection of assets and income

1. In any of the situations mentioned in Point a, b and c Clause 1 Article 41 of this Law, or additional information is necessary for personnel management, the following organizations and persons are entitled to request the asset surveillance authority to issue a decision on assets and income inspection:

a) Standing Committee of the National Assembly is entitled to request inspection of assets and income of the persons who are expected to be elected, approved or designated by the National Assembly or Standing Committee of the National Assembly as Deputy State Auditor General;

b) The President is entitled to request inspection of assets and income of the persons who are expected to be designated as Deputy Prime Minister, Head of a ministerial agency, Deputy Executive Judge of the People’s Supreme Court, Judge of the People’s Supreme Court, Deputy Director of the People’s Supreme Procuracy or Procurator of the People’s Supreme Procuracy;

c) The Prime Minister is entitled to request inspection of assets and income of the persons who are expected to be designated as Deputy Ministers or holders of equivalent positions of Ministries, ministerial agencies, the head and deputies of the heads of Governmental agencies; the persons who are expected to be elected or designated as President or Deputy President of the People’s Committees of provinces;

d) The Executive Judge of the People’s Supreme Court is entitled to request inspection of assets and income of the persons who are expected to be designated as executive judge or deputy executive judge of People’s Courts; The Director of the People’s Supreme Procuracy is entitled to request inspection of assets and income of the persons who are expected to be designated as directors and deputy directors of the People’s Procuracies, except for the cases mentioned in Point b of this Clause;

dd) Standing Committee of the People’s Council is entitled to request inspection of assets and income of the persons who are expected to be elected or approved by the People’s Council or Standing Committee of the People’s Council;

e) President of the People’s Committees of provinces and Presidents of the People’s Committees of districts are entitled to request inspection of assets and income of the persons who are expected to be elected or designated as Presidents and Vice-Presidents of the People’s Committees of inferior levels;

g) National Election Council, election committees or committees of Vietnamese Fatherland Front are entitled to request inspection of assets and income of candidates for delegates of the National Assembly or the People’s Council;

h) Standing agencies of political organizations and socio-political organizations are entitled to request inspection of assets and income of the persons who are expected to be elected during their general assemblies;

i) The head of the organization or supervisor of the individuals required to declare assets and income is entitled to request inspection of their assets and income, except for the cases specified in Points a, b, c, d, đ, e, g and h of this Clause.

2. Inspection agencies, state audit agencies, investigation agencies, the People’s Procuracies, People’s Courts, other competent organizations are entitled to request asset surveillance authority to carry out assets and income if such an inspection is deemed necessary for during the process of inspection, audit, investigation, prosecution, trial or judgment execution.

Article 43. Inspection contents

1. Truthfulness, adequacy and straightforwardness of the declaration.

2. Truthfulness of the declared origins of additional assets and income.

Article 44. Inspection procedures

1. Issue the decision on inspection of assets and income and establish an inspectorate.

2. Request the declarant to provide explanation for his/her assets and income.

3. Carry out the inspection.

4. Prepare and submit an inspection report.

5. Give a conclusion.

6. Send and publish the conclusion.

Article 45. Decision on inspection of assets and income

1. The head of the asset surveillance authority shall issue the decision on inspection of assets and income within 05 working days from the occurrence of any of the situations specified in Point d Clause 1 Article 41 of this Law or 15 days from the occurrence of the situations specified in Point a, b, c and d Clause 1 Article 41 of this Law.

2. A decision on inspection of assets and income shall contain the following information:

a) The basis for issuance of the decision;

b) Full name, position and workplace of the person undergoing inspection of assets and income (the declarant);

c) Full names, positions and workplaces of the chief and members of the inspectorate;

d) Inspection content;

dd) Inspection duration;

e) Duties and entitlements of the chief and members of the inspectorate;

g) Cooperating entities (if any).

3. The decision on inspection of assets and income shall be sent to the chief and members of the inspectorate, the declarant, relevant organizations and individuals within 03 working days from the day on which it is issued.

Article 46. Inspectorate

1. An inspectorate has a chief and members. In a case is complicated or involves more than one organization or unit, the head of the asset surveillance authority may request relevant organizations or units to send participants in the inspectorate.

The spouse, parent, sibling of the declarant, or a person that is subject to impartiality must not participate in the inspectorate.

2. Duties and entitlements of the chief of the inspectorate:

a) Request the declarant to provide description of the truthfulness and adequacy of the declaration, origins of the increase in assets and income;

b) Request relevant organizations and individuals to provide information and documents relevant to the assets and income undergoing inspection in accordance with Clause 3 Article 31 of this Law;

c) Request competent organizations or those managing assets and income to implement necessary measures for preventing concealment, destruction or movement of assets and income or other acts that obstruct the inspection;

d) Request competent organizations and persons to valuate or appraise the assets and income, which is the basis for inspection;

dd) Submit a report on the inspection result to the issuer of the decision on inspection; take responsibility before the law and the issuer for the content of the report;

e) Protect confidentiality of information and documents obtained during the inspection process.

3. Duties and entitlements of members of the inspectorate:

a) Collect information and documents; verify the assets and income, and perform other tasks given by the chief;

b) Propose the measures mentioned in Clause 2 of this Article to facilitate performance of their duties;

c) Submit a report on performance of their tasks to the chief; take responsibility before the law and the chief for the content of the report;

d) Protect confidentiality of information and documents obtained during the inspection process.

Article 47. Rights and obligations of the declarant

1. Explain the truthfulness and adequacy of the declaration, and origins of the increase in assets and income.

2. Provide information about assets and income at the request of the inspectorate and take responsibility for the accuracy of the information provided.

3. Comply with requests of the inspectorate and competent organizations during the inspection process.

4. Comply with decisions of the inspecting entities.

5. Appeal against decisions or actions of the inspecting entities if there are reasonable ground for considering that such decisions or actions are illegal or infringing upon the declarant’s lawful rights and interests.

6. Denounce illegal actions committed by the inspecting entities during the inspection.

7. Have honor, lawful rights and interests restored; receive compensation for illegal actions committed by the inspector.

Article 48. Reporting

1. Within 45 days from the issuance date of the decision on inspection, the chief of the inspectorate shall submit a report on inspection of assets and income to the issuer; for complicated cases, the report shall be submitted within 90 days.

2. A report on assets and income inspection shall contain the following information:

a) The inspection contents and results;

d) Evaluation of the truthfulness and adequacy of the declaration; truthfulness of the explanation for origins of the increase in assets and income;

c) Proposed penalties for violations against regulations of law on asset and income surveillance.

Article 49. Conclusion

1. Within 10 days from the issuance date of the report on inspection of assets and income, the issuer of the decision on inspection shall issue a conclusion; for complicated cases, the conclusion shall be issued within 20 days.

2. A conclusion shall contain the following information:

a) The truthfulness and adequacy of the declaration;

b) Truthfulness of the origins explanation for origins of the increase in assets and income;

c) Proposed penalties for violations against regulations of law on asset and income surveillance.

3. The issuer of the conclusion is responsible for the objectivity and truthfulness of the conclusion.

4. The conclusion shall be sent to the declarant, the organization or individual that requested the inspection mentioned in Article 42 of this Law.

5. The declarant is entitled to appeal against the conclusion in accordance with regulations of law on.

Article 50. Publishing of the conclusion

1. Within 05 working days from the issuance date of the conclusion, the issuer of the decision on inspection of assets and income shall publish the conclusion.

2. The conclusion shall be published in the same manner as the declaration as prescribed in Article 39 of this Law.

Article 51. Actions against untruthful declaration of assets and income, untruthful explanation for origins of increase in assets and income

1. Any candidate for the position of delegate of the National Assembly or the People’s Council that fails to make a truthful declaration of his/her assets and income or fails to provide truthful explanation for the increase in his/her assets and income shall be removed from the list of candidates.

2. Any person who is expected to be designated, re-designated or nominated for a position but fails to make a truthful declaration of his/her assets and income or fails to provide truthful explanation for the increase in his/her assets and income shall no longer be designated, re-designated or nominated.

3. An individual required to declare assets and income other than those mentioned in Clause 1 and Clause 2 of this Article who fails to make a truthful declaration of his/her assets and income or fails to provide truthful explanation for the increase in his/her assets and income shall face one of the disciplinary actions including warning, demotion, dismissal; such a person who is expected to hold a managerial position will be rejected; disciplinary actions may be exempted if the violator voluntarily resigns from the position.

4. The decision on disciplinary action shall be published at the violator’s workplace.

Sub-section 4

NATIONAL ASSETS AND INCOME DATABASE

Article 52. National assets and income database

1. The national assets and income database include information about declarations and conclusions of inspection of assets and income, and other data relevant to assets and income monitoring according to this Law.

2. The national assets and income database shall be developed and managed by Government Inspectorate.

Article 53. Responsibility for development and management of national assets and income database

1. Government Inspectorate has the responsibility to:

a) Develop, manage, use and protect the national assets and income database nationwide;

b) Provide instructions on development, management, use and protection of the national assets and income database;

c) Receive, update and process information about assets and income provided by declarants’ workplace and asset surveillance authority;

d) Provide information about the national assets and income database;

dd) Prepare statistics and reports on management of the national assets and income database nationwide.

2. Other asset surveillance authorities have the responsibility to:

a) Develop, manage, use and protect the national assets and income database under their management;

b) Receive, update and process information about assets and income provided by declarants’ workplaces under their management;

c) Provide information and data about asset and income surveillance under their management;

d) Prepare statistics and reports on management of the database of asset and income surveillance.

Article 54. Protection, storage, use and provision of information from the national assets and income database

1. The national assets and income database shall ensure security, safety, long-term storage and effective use.

2. Asset surveillance authorities are entitled to use the database for inspection of assets and income within the scope of their duties and entitlements.

3. Information from the database shall only be provided at the request of competent authorities specified in Article 42 of this Law.

Requests for information from the database shall be made in writing. The written request shall specify its reasons and purposes, and the information to be provided.

Asset surveillance authorities shall provide declarations, information and data about assets and income for the requesting entity within 10 days from the day on which the request is received.

4. The Government shall elaborate this Article.

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