Chương IV Nghị định 130/2020/NĐ-CP: Công khai bản kê khai tài sản, thu nhập

Chapter IV

PUBLICIZING ASSET, INCOME DECLARATIONS

Article 11. Publicizing declarations in agencies, organizations and entities

1. Publicizing declarations for individuals under control of asset, income controlling bodies specified under Clauses 1, 2, and 3 Article 30 of Law on Anti-corruption shall be implemented as follows:

a) Declarations of persons holding Deputy General Director positions or higher in central government authorities shall be posted in head offices of ministries, ministerial agencies and governmental agencies or publicized in meetings consisting of heads of departments, agencies or higher;

Declarations of persons holding Director General positions or lower shall be posted in entities or publicized in meetings consisting of heads of departments or higher in entities, or in meetings of the entities in case the entities do not consist of departments. Declarations of other individuals shall be posted in departments, boards or divisions or publicized in meetings consisting of the entire personnel of the departments, boards or divisions; if payroll of departments, boards or divisions consists of at least 50 individuals and develop groups or teams, publicize in front of officials and employees within groups or teams;  

b) Declarations of Chairpersons and Vice Chairpersons of People’s Councils of provinces and People’s Committees of all levels shall be publicized in head offices of People’s Councils and People’s Committees or in meetings consisting of the entire officials and employees of offices of People’s Councils and People’s Committees.

Declarations of persons obliged to make declaration affiliated to departments and agencies of provinces, departments and divisions of districts shall be publicized in head offices or in meetings consisting of the entire officials and employees. 

Declarations of persons obliged to make declarations affiliated to People’s Councils and People’s Committees of communes shall be posted in head offices of People’s Councils and People’s Committees or in meetings consisting of officials and employees of communes;

c) Declarations of persons working in state enterprises shall be posted in head offices of state enterprises or in meetings consisting of members of Board of Members, members of Board of Directors, General Directors, Deputy General Directors, heads of Board of Supervisors, supervisors, chief accountants, heads of entities affiliated to groups, corporations, chairpersons of Board of Members, chairpersons of Board of Directors, General Directors, Directors of corporations, companies affiliated to groups, corporations and heads of unions in groups and state corporations;

d) Declarations of representatives of state capital in enterprises shall be posted or publicized as specified in Points a, b, and c of this Clause.

2. Publicizing declarations in meetings for individuals under control of asset, income controlling bodies specified under Clauses 4, 5, 6, 7, and 8 Article 30 of Law on Anti-corruption shall conform to Clause 1 of this Article and guidelines of competent agencies.

3. Declarations shall be publicized within 5 days from the date on which employers of persons obliged to make declarations transfer the declarations to asset, income controlling bodies.

4. Declarations shall remain posted for 15 days. Declarations shall be posted in a manner that is safe, convenient and readable.

Posting of declarations must be kept records which specify posted declarations and bear signatures of heads of agencies, organizations, entities and representatives of unions.

5. Meetings where declarations are posted must have at least 2/3 of summoned individuals present. Hosts of meetings shall read declarations, assign other individuals to read the declarations, or individuals shall read their own declarations.  Meeting records must specify feedback, complaints and explanation for contents of declarations (if any); bear signatures of meeting hosts and representatives of unions of agencies, organizations and entities.

Article 12. Publicizing declarations of persons expected to hold managerial positions in agencies, organizations and entities

1. Declarations of persons expected to hold managerial positions in agencies, organizations and entities to be publicized shall include first-time declarations, declarations serving assignment, annual declarations or additional declarations.

Declarations shall be publicized in confidence voting.

2. Prior to conducting confidence voting, meeting hosts shall publicize declarations as follows:

a) Distribute copies of declarations specified under Clause 1 of this Article to confidence voters;

b) Read or assign others to read declarations serving assignment and conclusion on verifying assets, income (if any).

Declarants shall have the rights to explain feedback related to declarations in the meetings (if any).

3. Publicizing of declarations on assets, income must be recorded in minutes of confidence voting.

Article 13. Publicizing declarations of persons elected to hold managerial positions in state enterprises

1. Declarations of persons to be elected to hold managerial positions in state enterprises shall be publicized in confidence voting when assigning or in meetings electing managerial positions.

2. Publicizing of declarations of persons to be elected to hold managerial positions in state enterprises shall conform to Article 12 of this Decree.