Chương I Nghị định 130/2020/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree elaborates Law on Anti-Corruption regarding controlling assets and income of persons holding titles and powers in agencies, organizations and entities, including:

a) Point b Clause 2 Article 31 on procedures for requesting and following up request for providing information on assets and income of individuals obliged to make declarations serving confirmation of assets and income;

b) Article 35 on forms of asset, income declarations and declaration of assets, income;

c) Point b Clause 3 Article 36 on persons operating in personnel organization, management of public finance or public assets or persons directly meeting and dealing with issues of agencies, organizations entities that subject to annual asset and income declaration;

d) Clauses 1, 2, and 5 Article 39 on time, format and organization of publicizing declarations in agencies, organizations and individuals; publicizing declarations of assets and income of persons expected to hold managerial positions in agencies, organizations and entities and persons potentially elected to hold managerial positions in state enterprises;

dd) Point d Clause 1 Article 41 on criteria for selecting persons obliged to declare assets and income verified according to annual plans and development, approval of annual plans for verifying assets and income of asset and income controlling bodies;

e) Article 54 on protection, preservation, extraction and provision of national database information on controlling assets and income;

g) Points g and h Clause 1 Article 94 on disciplining persons violating trustworthiness obligations in declaring assets and income, and explaining origins of additional assets and income; persons violating regulations on deadline for declaring assets and income or other regulations on controlling assets and income.

2. Implementation measures for Law on Anti-corruption regarding controlling assets and income shall conform to officer management decentralization of Communist Party of Vietnam under Regulations on cooperation among asset and income controlling bodies according to Article 30 of Law on Anti-corruption.

Article 2. Regulated entities

1. Asset, income controlling bodies.

2. Persons obliged to declare assets and income (hereinafter referred to as “persons obliged to make declarations”).

3. Relevant agencies, organizations, entities and individuals in controlling assets and income.

Article 3. Term interpretation

In this Decree, terms below are construed as follows:

1. “asset, income control” refers to operations of asset, income controlling bodies conducted according to regulations and law to clarify assets, income, fluctuation in terms of assets, income, origin of additional assets, income of persons obliged to make declaration to prevent corruption, serve officer operation, promptly detect corruption, prevent dispersion of assets of corruption and recall assets of corruption.

2. “declaration of assets, income” refers to clear, adequate and accurate depiction of assets, income, fluctuation of assets, income to be declared, origin of additional assets, income using the form attached to this Decree.

3. “publicizing declarations of assets, income” refers to publicizing declarations of assets, income (hereinafter referred to as “declarations”) according to Law on Anti-corruption and Articles 11, 12, and 13 of this Decree.

4. “explanation for origin of additional assets, income” refers to explanation and clarification of persons obliged to make declarations regarding formation of additional assets, income compared to the previous declaration.

5. “verification of assets, income” refers to clarification of declaration and consideration, assessment and conclusion of asset, income controlling bodies according to procedures regulated under Law on Anti-corruption and this Decree regarding credibility, adequacy and coherence of declarations and credibility in explaining origin of additional assets, income.

Article 4. Principles of controlling assets, income

1. Asset, income control must ensure transparency, objectivity and fairness; be performed within competence, on the right subjects with the right procedures as per the law; not violate property rights of persons obliged to make declarations.

2. All violations of agencies, organizations and individuals in controlling assets, income must be stringently and promptly dealt with as per the law.

Ban the use of information and data for wrong purposes in controlling assets, income.

3. Implementation of asset, income control measures and penalties against untruthful declarations and explanation must rely on written declarations, explanation and verification conclusion implemented according to Law on Anti-corruption in 2018 and this Decree.