Strengthen inspection and supervision of declaration of assets and income

28 October, 2022

Implementing the Law on Anti-corruption 2018 and Decree No. 130/2020/ND-CP dated October 30, 2020 of the Government on controlling assets and income of people with positions and powers in agencies , organizations and units (effective from December 20, 2020), over the past time, the control of assets and income has been carried out synchronously and effectively, contributing to the fight against corruption, negative.

However, the control of assets and income of cadres and civil servants in recent years has not been effectively implemented, leading to many incomplete declarations of assets and incomes of cadres and civil servants. sufficient, dishonest, and concealed, especially assets that cannot be checked and verified such as hidden assets or opened accounts in foreign countries but undeclared. Therefore, the measures to fight against corruption through declaration of assets and income have not been effective and feasible due to the inadequate and unrealized inspection and verification mechanism for assets and income. present fully, seriously and comprehensively.

Besides, it is very difficult to inspect and supervise the declaration of assets and income of officials and civil servants, due to the dispersion of assets by asking others to name the ownership rights. , thus making it difficult to detect and recover corrupt assets. When dealing with corrupt cadres and civil servants and conducting an asset inventory to recover, the assets are no longer available because they have been previously dispersed, so many corruption cases have lost and irrecoverable assets. is very large.

The purpose of the declaration of assets and income is for officials and civil servants to have the responsibility to declare, explain and prove their income in a lawful manner and promptly prevent possible corrupt acts. happen. To know if the declaration of assets and income is honest or not, the management agencies must also monitor the assets and incomes of spouses, children, parents, etc. of officials and civil servants; coordinate with management agencies to verify whether officials or public servants own any assets other than those declared. When detecting incomplete declaration, cadres and civil servants may be disciplined in terms of the Party and administration, but how to handle incompletely declared assets? Is it necessary to confiscate the state funds?

Therefore, in order to ensure the declaration of assets and income in a complete and timely manner, serving the fight against corruption, it is necessary to continue to improve the regulations on asset declaration. , income.

Specifically, cadres and civil servants are obliged to declare assets and income to be honest, timely, complete and clear. If the inspection and verification of the declaration is incomplete, the property must be sealed and handled in the following ways: If it is intentionally not declared in order to conceal corrupt assets, of course it will be confiscated; if they unintentionally fail to declare but the explanation is not clear, unreasonable, etc., the origin of the property must also be confiscated; in the case of unintentionally failing to declare but clearly and reasonably explaining the origin of the property, consider returning it to the cadres and civil servants, but subject to disciplinary sanctions.

And one of the important solutions is, it is necessary to publicize and expand the scope of supervision of the declaration of assets and income of cadres and civil servants at the place of work and residence. At the same time, strengthening the inspection, inspection and supervision of the declaration of assets and income of officials and civil servants not only serves the settlement of complaints and denunciations but also has to develop a plan to performed annually. Thus, the declaration of assets and income of cadres and civil servants will be put into order, in fact, contributing to improving the effectiveness of the current anti-corruption work.

According to: Vietnam Lawyers Electronic Magazine