Circular 08/2013/tt-Ttcp: Guide The Implementation Of The Rules On Transparency Of Assets, Income

Original Language Title: Thông tư 08/2013/TT-TTCP: Hướng dẫn thi hành các quy định về minh bạch tài sản, thu nhập

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CIRCULAR guiding the implementation of the rules on transparency of assets, income _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law, fight against corruption the number 55/2005/QH11 was revised, some additional articles by Act No. 01/2007/QH12 and Act No. 27/2012/QH13;
Pursuant to Decree No. 78/2013/ND-CP on 17 July 2013 of the Government about the transparency of assets, income;
Pursuant to Decree No. 83/2012/ND-CP dated 9 October 2012 of the Government on the functions, duties, powers and organizational structure of the Government Inspector;
Proposal of the Director General and the Director of the anti-corruption legislation, Government Inspector General issued circular guiding the implementation of the rules on transparency of assets, income.
Chapter I PROPERTY, income DECLARATION article 1. Who has the obligation to declare assets, income 1. Deputies who are dedicated, professional councils, candidates Congressman, representative councils of Deputies, who are expected to vote, approved in Congress, the people's Council.
2. public officers from the Vice Chief of the people's Committee at district level upwards and who are entitled to an equivalent position allowance (that position allowances from 0.2 up) in agencies, units of the State, political organization, social-political organizations, social organizations , social-professional organizations, institutions, other units are delivered and have used the budget, State assets.
3. The commanding officer from the Deputy Battalion Commander, the allowance of equivalent positions of Deputy Battalion Commander in the army of the people; the commanding officer from the Deputy Battalion Commander, Deputy Chief of police, Deputy Chief of public security in older people.
4. Who holds the equivalent of Deputy Chief rooms at the business units, such as hospitals, public research institutes, newspapers, magazines, management of construction projects that use the budget, property of the State, the Board of management of construction projects using which official development assistance (ODA).
5. The principal, Vice Principal of preschool, elementary school, middle school, high school, continuing education center, who holds the equivalent of Deputy Chief rooms in universities, colleges, professional secondary vocational education, by State.
6. People working in State-owned enterprises include: a) the members of the Board of Trustees, members Council members, members of the Board of control, control staff, who hold equivalent management titles from the Deputy head;
b) Who was elected to represent the State's stake, stake of State-owned enterprises and that the person holding the title of Deputy Chief from management in the enterprises invested by the State, of State enterprises (business venture, links).
7. The Secretary, Deputy Secretary of the Party Committee, the Chairman, the Vice Chairman of the people's Council, the President, Vice President, Member of the people's Committee of the communes, wards and towns; Commander of the military, civil servants, construction, financial, judiciary-civil registrar, wards and towns; Minister of public security.
8. the investigator, the Procurator, the Inquisitor, judge, court clerk, State Auditors, inspectors, Executive Member, State notary.
9. Public servants are not held in the bodies of the party, State, social-political organizations, people's army, the police, the public, but are arranged regularly do the following work: a) budget, management of State assets specified in section a. , The list issued herewith;
b) directly exposed and addressed the work of the Agency, organization, unit in the areas specified in section B of the list attached to this circular.
Article 2. Principles and scope of property, the income must be declared 1. Who has the obligation to declare the assets, earnings must declare honest, complete, clear, timely information on the quantity, the value of assets, income and other property fluctuations, the income must be declared and are solely responsible for the information was declared.
2. The property, income must include the Declaration of income, property owned, or the right to use of the self, of spouses and minor children (offspring, adopted under the provisions of law) at the time of completing A declaration of assets, income.
3. The value of assets, to declare income is calculated by pay money when buying, as assignee, constructed or estimated value when it is said, gifts, inheritance.
4. The Declaration, explain the origin of assets increase, rising to follow the form affidavit of property, income (Appendix II) and instructions to declare property, income (Appendix III) attached to this circular.
Article 3. The assets, earnings to declare 1. The types of homes, buildings: a) housing, other buildings have been issued a certificate of ownership;
b) housing, other buildings owned by people who actually have to declare, and the wife or husband of a minor but not yet issued a certificate of ownership or certificate of ownership of the name;
c) housing, other buildings are rented or are using state-owned.
2. The land use: a) the land use right certificates have been used;
b) land use rights have not been granted the right to use the certificate or the certificate of the right to use the name of another.
3. Money (money exchange, Vietnam), including cash, money lending, the money upfront, personal deposits, domestic organizations, foreign organizations in Vietnam that total value converted from 50 million or more.
4. Automobiles, motorcycles, mopeds, motorcycles (bulldozer, excavator, other vehicles), marine boat, train, plane, boat and other property which the State management (as defined by law must register and be issued registration certificate) has a total value of every type from the 50 million or more.
5. Precious metals, gems, stocks, equity on the basis of the business, the valuable papers for other transfer total value per conversion type from the 50 million or more.
6. other property types that each type of conversion values from 50 million over as plants, furniture, paintings, photos, art, ...
7. Assets overseas account, including all property rules from clause 1 to Clause 6 this outside Vietnam.
8. The liabilities include accounts payable, the value of the property management, hold a total conversion value from 50 million or more.
9. Total income in the year the money converted Vietnam includes the account of salary, allowances, benefits, rewards, remuneration, for, donate, donations, inheritance, income benefit from the investment, invention, patent, other earnings.
States declared total income for the year is determined as follows: the first declaration then defined gross income from January 1 of the year to date Declaration; the second declaration times onwards to be determined from the next day of the States adjoining the earlier Declaration came on the Declaration. In 2013, States declared total income is calculated from January 1, 2013 to December Declaration.
Article 4. Fluctuations in assets, earnings must declare, explain the origin of assets increased 1. The type of houses, buildings, land use rights increase, decrease in number, an area of or change in level of the home, the work, the type of soil in comparison with the previous declaration period.
2. The specified property type from Account to Account 8 article 3 have soared, decrease in number or to change types with increased value, reduced every kind from 50 million over the period compared to the previous declaration.
3. other cases prescribed in paragraph 1, paragraph 2 this may increase volatility, it is obliged to declare to the award process of the origin of assets increase.
4. Periodic Declaration to determine the volatility of assets and the derived properties augment is defined as follows: the first declaration was determined from January of that year to April Declaration; the second declaration times onwards is determined from the date of Declaration of States adjacent to the previous declaration Declaration day.
5. In 2013, States declare the property to explain the origin of assets increase is calculated from 1 February 2013 (the time of Act No. 27/2012/QH13 modification, the addition of a number of articles of the law on prevention of corruption in force) to the time of the Declaration.
Article 5. Order and procedure for implementation of the Declaration of income, property 1. The slowest is 30 November each year, the Department in charge of the work of the Organization, officers proceed: a) roster have the obligation of agencies, organizations, his unit, the head of the Agency, organization, unit; the list must clearly define the Management Committee level in the object, the object in the upper level management, the Agency in the object, organization, Unit Manager;
b) Submitted a list of people who are obliged to declare to the Agency, organization, subdivisions;
c) send A declaration of assets, income (hereinafter the affidavit), instructions and ask Who has the obligation to implement the Declaration Declaration of assets, income.
2. within 10 working days from the date of receiving the form, the Declaration has the obligation to declare should complete the Declaration, filed on the 1st Division in charge of the Organization, and individual officers 1.
The case at the time of Declaration, the Declaration could not be obliged to proceed to declare on time because of objective reasons, the Declaration may be made before or after the time specified by the Agency, organization, unit (with time).
3. The Department in charge of the work of the Organization, officers receive, examine, copy, send, save, manage A declaration such as the following: a) within a period of 7 working days (from the date of receiving A declaration) to check the adequacy of the content must be declared; case statements not yet properly defined (according to model) then the required declaration, the declaration period is 10 working days from the date of the request;
b) exemplify, sending and saving A declaration such as the following: Send the original to the party Organizer, 1 copy to the Committee of the Party Committee level test management Declaration, if that person is in an officials-level Committee of management (in the management hierarchy of officers).
Send the original to the superior organization of the Agency with regard to the Declaration by the senior management (or send a copy if that person in a Management Committee level).

Send a copy to the Agency, organization, unit will place public statements to make the public according to the rules; After the public, keep a record of the same has the obligation to declare in his agency.
The Organization departments, officers opened the window to track the delivery, to receive A declaration;
c) When the person is obliged to declare to the Agency, organization, other units, the affidavit must be delivered together records officer for the Agency, organization, new units. When People are obliged to declare his retirement, severance, the affidavit is kept according to the rules of records management officer, servant, officer.
4. The Declaration of income, property must be completed on 31 December of each year. The delivery of A declaration must be completed at the latest on 31 March of the following year.
5. Order disclosure of assets, the income of the candidate deputies, deputies to the people's Council made in accordance with the Electoral Council.
Article 6. Harness, use A declaration 1. A declaration is used in the following cases: a) serves for the vote, ratification, appointment, resignation, dismissal, discipline, for the person who has the obligation to declare assets, income;
b) caters for the Agency's activities, the Organization, the competent units in the publicity, check, audit, inspection, investigation, verification, processing, conclusions about corrupt behavior;
c) serve other requirements related to the work of the Organization, officers.
2. The order and procedure of extraction, use of saved statements along the profile public servants: a) the Agency, organization, unit management authority Who has the obligation to declare to actively exploit, use A declaration of service personnel management and prevention of corruption; the exploitation, use A declaration must be the head of the Agency, organization, unit tasked in writing;
b) organs, organizations, other units in need of extraction, use A declaration must have a written request stating the purpose of the extraction, use; who made the exploitation, use must have the recommendation of the Agency, organization, unit.
Agencies, organizations, management unit declaration may decline the request, use if the request does not conform with the provisions in paragraph 1 of this article.
3. The exploitation, the use of A declaration to be conducted at the Agency, organization, management unit Declaration; If it is necessary to exploit, use in another place, they must be agreed by the head of the Agency, organization, management unit declaration.
Chapter II article 7 DECLARATION PUBLICLY. Public declaration principle 1. Affidavit of the person who is obliged to declare to the public officers, public servants, employees of the Agency, organization, unit where the person regularly employed; the case Agency, organized, large-scale units, dispersed the public as defined in article 9, article 10 of this circular.
2. A declaration of the candidate deputies, deputies to the people's councils in addition to the regular place of work also must publicly at the meeting voters under the provisions of the Electoral Council.
3. Declaration of the person expected to be elected, approved in Congress, the people's Council publicly with deputies, deputies to the people's Council in session according to the provisions of the Standing Committee of the National Assembly, the people's Council.
4. Declaration of the person who has the obligation to declare is representing the State, of State enterprises and hold titles from the Deputy head and the equivalent or more in the business capital of the State, State enterprises, the public authorities, business people that do represent.
5. The head of the Agency, organization, unit decides the scope of publicity, publicity (listed or published at the meeting) A declaration by the person who has the obligation to declare is the work of the Agency, organization, its units administrator. The Organization publicly and decide the scope of publicity must ensure in accordance with article 14 of Decree 78/2013/ND-CP on 17 July 2013 of the Government about the transparency of assets, income and is done as follows: a) Office central party organizations openly A declaration of the General Secretary , Member of the Politburo, Member of the Secretariat of the Communist Party and who often work at the Party Central Office.
b) Chairman of the Office of the President organized A public declaration of the President, the Vice President and those who work regularly in the Office of the President.
c) Congressional Office held A public declaration of the Chairman, the Vice Chairman of the National Assembly, the National Council of the Congress's Committee, the Committee of the Standing Committee of the National Assembly and the people who work at Congressional Office.
d) Minister, Chairman of the Government Office held A public declaration of the Prime Minister, the Deputy Prime Minister and who works often at Government offices.
DD) Chief Commissioner level, the people's Council, the people's committees of all levels (province, district) organized A public declaration of the Secretary, Deputy Secretary, the President, the Vice President of the people's Council, committees of the same level and those working regularly at his management agency.
6. Time of publicity is made during the period from after the completion of the inspection A declaration prescribed in paragraph 3 article 5 this circular to 31 March each year.
Article 8. Order and procedure of public statements 1. Every year, the Department in charge of the work of the Organization, officers have to build, the head of the Agency, organization, unit approval plans public statements in the Agency, organization, unit.
2. plan content-overt statements include: a) the choice of the form and scope of the public match conditions, characteristics of the Organization, operations, the scale of the business, organization, unit;
b) defines the tasks to be done: If the publicly listed by the need to locate the listing, list of people declared to be listed in each position, the protective approach, the Organization collect feedback, start time, end time listed.
If publicly by announced at the meeting the need to determine a list of the corresponding declaration with a public scope prescribed in item 2 article 10 of this circular; time, place of the meeting, who chaired the meeting, composition receiving organization reflects the order of conducting the meeting;
c) deployment time the publicity;
d) assigned to perform;
e) of the measures to ensure implementation.
3. Popular public plan be approved, the attached list and a copy of the affidavit sent to the subdivisions.
4. The organizational unit implementation plan public, reporting the performance of the Department personnel.
5. the Organization departments, officers conduct general, situation report made public in Agency, organization, unit.
Article 9. Public statements by listing 1. Listed on the affidavit was applied in terms of authority, organization, unit location listing ensures safe, not losing, ragged and torn, eligible to people in authority, the unit can view statements; the time listed is the minimum 30 consecutive days from the date of listing.
2. Location listed: a) the agencies, organizations, small scale units, Headquarters work focus then listed at Headquarters;
b) organs, organized, large-scale units, there are many subdivisions, then listed on the work of each of the subdivisions;
c) At each location listed must have a list of people who have the obligation to declare and A corresponding declaration.
3. The listing A declaration must be made in the minutes to record the locations listed, start time, end time listed and the reflection related to the content of the Declaration (if any); the report must have the participation of the representative trade union Committee of the Agency, organization, unit.
Article 10. A public declaration at the meeting 1. Work publicly in the meeting must ensure the following requirements: a) The public meeting A declaration must ensure sufficient duration, the number of people attending the meeting of 70% minimum of the range must be summoned;
b) Who was given the task of meeting organizer can assign a reader or statements by reading his statements, to record the minutes of the meeting, with the participation of the representative trade union Committee of the Agency, organization, unit; the minutes of the meeting must record the comments reflect, question and explanation about the content of A declaration (if any);
c) the head of the Agency, organization, unit is responsible for the Organization, check the perform publicly at the meeting; case detection unit is delivered meeting organizer does not meet the requirements, the meeting request again and review the responsibilities who organized the meeting.
2. scope of publicity: a) officers, public servants serving from Ministers and equivalent or over in Central; The Secretary, Deputy Secretary, the President, the Vice President of the people's Council, Chairman, Vice Chairman of the provincial people's Committee, the district level, the social level; Standing Committee level, Member of the people's Council; Head of the Board of Chief Commissioners, the level of the people's Council, the other members of the Committee, the level of provincial people's committees, district level, social public before the object record votes of confidence to get the vote of confidence every year according to the provisions of Regulation No. 165 QD/TW on 18/2/2013 of the Politburo;
b) officers, Deputy Minister, General Director, Deputy Director and the equivalent publicly before leaders from local supply, service and equivalent back-up of the Agency;
c) officials and public servants held Bureau Chief, Deputy Chief, Deputy Chief and equivalent publicly before the leadership level and the equivalent in units; where does the organization level in the room then publicly before the whole public servants, officers in his unit;
d) the Director, Deputy Directors and equivalent departments, head of the Agency, affiliated councils, provincial people's committees openly before leading cadres and equivalent levels over subordinate departments, agencies, units;

DD) Chairman of the Board members (Administrator), Director General, Deputy Director General, head of the Control Board, control officer, Chief Accountant of the Corporation, the Corporation (the company) prior to publicly State Councillor members (Administrator), Director General, Deputy Director General, head of the Control Board, control officer , Chief Accountant, Chief of the subdivisions, the Corporation, the Corporation, the Chairman of the Board of Directors (BOD), ceo (Director), the Corporation (the company) under the Corporation, the Corporation, the head of the unions in the group, the State Corporation;
e) Who represented the State's stake, the capital of State-owned enterprises and hold titles from the Deputy head and the equivalent or over in the enterprise invested by the State, the capital of the State, the enterprises depending on location in place of elections themselves do represent that public statements in the Group Corporation (the company) or its subsidiaries, of the company. The publicity was made before the Commissioner members (Administrator), Director General, Deputy Director General, the Board of control (control), Chief Accountant. The case of the person representing the State's public servants, the public affidavit as prescribed in item 1 and item 2 article 14 of Decree 78/2013/ND-CP on 17 July 2013 of the Government about the transparency of assets, income.
g) who have the obligation to declare is not subject to the provisions in the above point, the publicity before the whole public servants, officers in the room, Board, unit. If your payroll, commissions, units have from 50 or more people and that, team, group, openly before the nest, team, group, Committee room directly under the unit.
Chapter III VERIFICATION of INCOME, PROPERTY, article 11. The base property, income verification 1. When there are accusations about not honest in declaring assets, the income of the person who has the obligation to declare.
2. When deem necessary for election, resignation, appointed, against the person who has the obligation to declare.
3. When there is evidence that the explanation of the origin of assets increase.
4. Upon request of the Agency, organization or individual has the authority provided for in article 12 of this circular.
Article 12. The authority asked to verify income, property 1. When one of the grounds specified in paragraph 1, paragraph 2 and article 11 paragraph 3 of this circular, agencies, organizations, individuals with authority below required competent person decided to verify assets: a) the Standing Committee of the National Assembly requested verification of the assets for the expected be elected or approved by Congress.
The people's Council asked to verify the assets for the people's Council is expected to vote or approval;
b) standing bodies of political organization, social-political organizations required to verify the assets for the expected to be elected at the Congress of political organization, social-political organizations;
c) the prime asset verification required for the expected vote in provincial councils; Chairman of the provincial people's Committee asked to verify the assets for the expected vote in Council districts; Chairman of people's Committee of the district level requires verification of the assets for the expected vote at communal level people's councils;
d) election, the Election Committee or the Committee of national asset verification requirements for candidate deputies, deputies to the people's Council;
DD) President asked to verify the assets for the expected to be appointed Deputy Prime Ministers, heads of ministerial agencies, Deputy Chief Justice of the Supreme People's Court, judge of the Supreme People's Court, Deputy Director of the Supreme People's Procuracy, Prosecutor Supreme People's Procurator;
e) Standing Committee of the National Assembly requested verification of the assets for the expected to be appointed Deputy State Auditor;
g) heads the superior Agency requires verification for the person who has the obligation to declare the jurisdiction management (under decentralized management) of subordinate agencies.
2. inspection agencies, the State Audit, investigation, Procuracy and the Agency, other competent organizations in the process of conducting the testing, inspection, audit, investigation, Prosecutor if there is basis of conclusions about the responsibility of the person who has the obligation to declare the assets relating to acts of corruption, then asked to verify the property for that person.
Article 13. The Agency, the competent organization issued a verification decision 1. Level Standing Committee commissioned a verification decision levels for people who expected to be verified as belonging to an officer level yourself according to regulations on the decentralization of management officers of the party.
Level Party Committee Standing Committee decided to verify the expected to be verified as officers in an Party Committee communes, wards, town Manager.
2. The head of the Agency, organization, unit management authority public servants (under decentralized management officers) decided to verify the expected to be verified under the authority of his management.
Chairman of people's Committee of the district level decision to verify against the expected to be verified as public providers.
Article 14. The Agency, the unit conducting verification 1. In the case of the person is verified by the Party Committee of management level, the competent authority is the Agency verification check of the party at the same level, namely: a) check agency party central level authority for verification are verified as public officials in the central area; where necessary they shall gather officials of participating government inspectors verify;
b) provincial party inspection agency has the authority to verify the respect of the person is verified as public servants in an Committee Standing Committee and the level of management; where necessary they shall gather officials of the Inspector, the Inspector involved to verify;
c) test-level party organs competent for verification are verified as public servants in an district Standing Committee commissioned management level; where necessary they shall gather officials of District Inspector involved to verify.
2. In the case of the person is verified working in the bodies of the party committees at levels not that Manager has the authority to verify the unit is determined as follows: a) the unit is in charge of the work of the Organization, officials of the party organs at the central level, provincial level authorities for verification is verified working at the Agency , organization, unit;
b) District Committee of the Organizing Committee and the equivalent authority for verification are verified are present in the bodies of the party at the district level, the social level;
3. for people who are not granted verification Committee of management, not present in the bodies of the party then the competent authority verify is determined as follows: a) at the central level ministerial, ministerial bodies, the unit in charge of the Organization, officials of the Government agency having jurisdiction with respect to the verification of the person is verified working at the Agency units, organizations, ministries, ministerial agencies, government agencies. In case of need, the inspection agency, coordination, mobilization of the unit's officers in charge of the work of the Organization, officials of the Agency, organization, unit of the Ministry, ministerial bodies involved to verify;
b) at the provincial level: the competent inspector for verification is to verify the work at the Agency, organization, unit in the province, the central cities. In case of need the Inspector chairing, coordination, mobilization of officers of the Department of the Interior, the Ombudsman's Department involved to verify.
Inspection authority for verification is verified working in agencies, organizations, units of the Department. In case of necessary inspection presided, coordination, mobilization of the unit's officers in charge of the work of the Organization, officials of the agencies, organizations, units of the Department involved to verify;
c) at the district level: District Inspector has the authority to verify the respect of the person is verified the work at the Agency, organization, unit in the district, the County, a town, a city in the province, officers, social servant. In case of necessary inspection district, coordination, mobilization of officers of the Interior rooms, the room, the relevant expertise in the Committee-level people involved to verify;
d) in State-owned enterprises: the unit in charge of inspection, internal examination, the Organization, the competent officers for verification is to verify the work in organizations, units of the business.
4. inspection bodies, test, the unit in charge of the work of the Organization, officials in other agencies of the central State, in the central organs of the unions, the provincial agency of the social-political organization has the authority for verification is to verify the work at the Agency that, organisations that do not belong to an level Management Committee.
The unit in charge of the work of the Organization, the competent officers for verification is to verify the work at the district level agency of socio-political organization; where necessary, the Agency suggested writing test-level party coordinated conduct verification.
Article 15. Explanation in the transparency of assets, income 1. Explanation of the Declaration was to clarify for the accuracy, truthfulness, completeness of the information declared in the Declaration. Explain the origin of assets rise further is explained, demonstrated on the assets, income increase more than times the previous declaration.
2. Before taking the decision to verify income, property, Who has authority to decide to verify the request in writing to the person expected to be verified, income property Exposition a part or the whole content was declared in A declaration. Within 5 working days from the date of receiving the request, the person be required to have text explanations, provide proof (if any) of the content requires explanation.

3. within 5 working days from the date of receipt of the award is requested, the Authority decided to verify responsibility review, reviews explanation of who is obliged to explain. Text explanation and documentation (if any) if reasonable, clearly the content of the request, the Authority decided to verify the issued conclusions on transparency of assets, income under the provisions of article 23 of this circular, if not yet clearly, logically the content request then decided to verify the property , income.
Article 16. Decided to verify assets, income 1. Explanation of the case is expected to be verified unclear, unreasonable, the authority issuing the decision to verify the property, income (hereinafter referred to as the verification decision).
2. the verification decision must contain the following: a) grounded decision verified;
b), last name, position, where the work of the person is verified;
c), last name, position, where the work of the verification; the case established the delegation verified they must specify name, position, where the work of the protagonist, a verification group members (referred to as the verification);
d) verified content;
the verification period);
e) duties and powers of the verification;
g) the agencies, organizations, coordinating unit (if available).
3. the verification period is 15 days, complex cases, the time limit must not exceed 30 working days.
4. In the case of verified content has intricate details, related to many areas, extensive verification, the Authority decided to verify the establishment of the verification and the delegation asked the Agency, organization, relevant units dispatched officers to join the verification group.
Article 17. The content property, income verification, the content property, income verification is the truthfulness, completeness, clarity, time of the information on the number, types of property value, earnings, description of property, income, asset volatility, the volatility of the assets the increased assets, source and other related content in A person's declaration was verified.
In this particular case, the competent person may decide to verify a part or the whole content of the Declaration is verified.
Article 18. Asset verification activities, the income verification process In property, income verification, who conducted the following activities: 1. The study record, documents related to the verification of content.
2. Work directly with people is verified.
3. Verify the spot for property, the income is verified.
4. Work with the Agency, organization, unit management, recordkeeping, the documentation for the property, the income is verified.
5. Work with agencies, organizations, individuals have the expertise-techniques on the assets, income is verified to reviews, property inspection, that income.
6. Working with agencies, organizations, other relevant individuals to serve for the verification of assets, income.
7. other activities necessary for the verification of assets, income.
Article 19. Minutes of work 1. The meeting between people who are verified with verification, between people with verification agency, organization, or individual units concerned must be established thereon.
2. Minutes of work must have the following: a) the time, place of work;
b) participants;
c) content of the work;
d) content was agreed at the meeting;
DD) reserves (if any).
Article 20. Report the results to verify assets, income 1. Within 5 working days from the date of the verification ends, the person must have the verification report verifying the assets, earnings sent the decision to verify.
2. report the results to verify income, property must have the following: a) content verification, verification activities were conducted and the results verified;
b) commented on the verification of the Declaration of income, property;
c) processing proposals for dishonest Declaration obligation.
Article 21. Powers, the verification responsibilities 1. The request is verified, providing information, documents related to the verification of content. During the verification, the verification must create conditions for people to be verified, giving evidence to prove the truthfulness, completeness, clarity, time of the property, revenue is declared.
2. Ask the Agency, organization, personal information, documents related to the verification of content provides information, document it.
3. Recommendations to the Agency, organization, unit has the authority to apply the necessary measures to prevent pipe riveted property, income, acts impedes, unlawful intervention in the verification activities.
4. Ensure the objectivity, honesty, accuracy, timeliness, the right content, the time limit stated in the decision to verify.
5. Confidential information and documents collected during the verification process.
6. report results to verify with authority and is responsible for the accuracy, truthfulness, objectivity of the content of the report.
Article 22. The responsibilities of the Agency, organization, or individual units concerned 1. The people's Committee of the levels, the police, housing, land management agencies, tax authorities, banks and the agencies, organizations, units and individuals concerned are responsible for: a) Sent people to work with who verify the verification activities to serve.
b) providing information, documents related to the verification of content and is responsible for the accuracy, completeness of information, documents were provided.
c) conducted operations in the scope of the authority, his expertise to cater for the verification, clarification of the necessary information in the verification process or prevent pipe riveted property, income, acts impedes the operation of property, income verification.
2. The liability of the person is verified: a), give evidence to prove the truthfulness, completeness, clarity on the assets, income declaration; the origin of assets increased when required by the Agency, organization, unit, competent individuals.
b) full, timely implementation of the requirements of the Agency, organization, unit, individual competent in the verification of assets, income.
c) made the decision to handle violation of rules on the transparency of assets, the income of the Agency, organization, unit, competent individuals.
Article 23. Conclusions about transparency in asset declaration, income 1. Within 5 working days from the date of receipt of the verification results are reported or received the award process was clear, logical contents requirements of the intended person is verified, the person who issued the decision to verify or the head of the Agency, organization, unit management authority Who has the obligation to declare is issued conclusions on transparency in Declaration of property, income (hereinafter called the conclusion about the transparency).
2. The content of the conclusions about transparency must specify the match or mismatch between A Declaration and verification results. The case of the verification results and A declaration that has the wrong number of property, income, information, description of property, income, property income, fluctuation, origin of assets increase more then the conclusion Declaration not honest; decisions or recommendations to competent people handling the dishonest Declaration.
Conclusions on transparency have to be submitted to the Agency, organization or individual has the authority to request verification and the verified.
3. in case the property is verified, income review recommendations conclusion about transparency, the authority responsible for concluding the review and reply within 5 working days from the date of receiving the proposal.
The case is verified does not agree with the conclusion about transparency, then the petitioning heads of agencies, organizations, the unit's supervisor issued conclusions on transparency considered resolved. Within 5 working days, the get recommended to consider and respond in writing to the person to be verified; If it deems the conclusion about transparency is accurate, objectively, the person who is required to verify the observance of the conclusion; If it deems the conclusion about transparency has not exactly objective, then ask the person issued the conclusion about the transparency review of conclusions about transparency.
Article 24. Public conclusions about transparency 1. Within 5 working days from the date of receiving the request publicly a conclusion about the transparency of agencies, organizations have requested verification, who issued a verification conclusion to that conclusion publicly.
2. for the verification of assets, income for the dismissing, recall, discipline or corrupt behavior when it issued conclusions on transparency in asset declaration, income must publicly even that conclusion.
3. A conclusion about transparency in asset declaration, income is public at the following locations: a) in Agency, organization, unit where the person is verified working income, assets;
b) at the meeting where the voters are the property, income verification candidate deputies, deputies to the people's Council;
c) session or At the Congress, where the property is verified, income was nominated to Parliament, the Council or the General Assembly of the Organization of politics, social-political organizations validating election.
4. Form and scope of public conclusions about transparency is made according to the provisions of article 7, article 9 and article 10 of this circular.
Article 25. Verified records of property, income property, verification of income must be made in the record; records verify income, property is managed at the Agency, the competent unit verification. Verification records include: 1. a verification decision; minutes of work; explanation of the person is verified; report verification results.
2. Conclusion on transparency in asset declaration, income.
3. the written request, the petition of the person who issued the decision on verification, the verification.
4. Results evaluation, evaluation in the verification process (if any).
5. Other documents related to the verification.
Article 26. Verify 1. Verify is the review, reviews, conclusions of the competent authority verify about the truthfulness, accuracy of content verification, the process of conducting verification and conclude about the transparency of assets, income before.
2. verification of the base again:

a) When detecting signs of breaking the law in the verified content leads to conclusions about incorrect transparency or covering up for someone to be verified on the transparency of assets, income;
b) When the person is verified in writing the verification proposal was again attached to the document, evidence verification result is incorrect, not objective.
3. Order verification procedure: a) When one of the grounds mentioned in paragraph 2 of this article, within a period of 10 working days, the competent authorities verify the verification decision;
b) before conducting the verification, the agency conducting the verification must again review the entire previous verification records;
c) verification period was 20 working days from the date of promulgation of the decision justify, complex cases can last long but not more than 30 days.
4. conclusion and processing in verification: a) the verification must be concluded in writing;
b) content verification conclusion must clearly recognize the whole, denied or partially denied the whole conclusion on transparency.
c) case dismissed in part or dismiss the entire contents conclusions about transparency, then within 5 working days of receipt of the verification conclusion, authority issued conclusions on transparency before having to adjust, modify or cancel the conclusion about transparency , restore, the legitimate interests of the person is verified (if applicable) and determine the responsibility of agencies, organizations, relevant units, handling personal responsibility under the provisions of the law of public servants. Cases of criminal signs, then the competent authorities verify the transfer of records to handle under the provisions of criminal law.
d) results of handling authority issued conclusions on transparency must be sent to the competent authorities verify, relevant people and publicly available under the provisions in article 24 of this circular.
Chapter IV INFORMATION MODE, REPORT on the TRANSPARENCY of ASSETS, income, article 27. Transparency property records, earning 1. The Department in charge of the work of the Organization, officials of the Agency, organization, unit is responsible for building the profile of the transparency of assets, the income of the Agency, organization, his unit serves the management, testing, inspection, prevention, the fight against corruption.
2. transparent records of assets, the income of the Agency, organization, the unit must include: a) The text of the provisions, directed by the supervisor or his self issued about the transparency of assets, income; the documentation, the urge, inspection, inspection (if applicable);
b) list of people who are obliged to declare within the Agency, organization, which was created and approved every year to keep track of time filed A declaration, public time and exploitation, the use of A declaration;
c) annual publicity plan, publicity materials Declaration;
d) verification records;
DD) The disciplinary records in violation of the transparency of assets and the required documentation extraction, use A declaration;
e) reports done periodically, the Agency's sudden, organization, subdivisions, periodical reports, the Agency's sudden;
g) Private person's statements is obliged to declare in the Agency, organization, management units that are stored in the same profile public servants.
Article 28. Reporting agency, organization, unit is responsible for reporting the results of the implementation of the rules on transparency of assets, income with agencies, organizations, management unit supervisor and Inspector of the State organs at the same level as the reporting regime, anti-corruption and the annual report on the implementation of the rules on transparency of assets income, the provisions of article 29 of this circular.
Article 29. Annual report on transparency of assets, income 1. Contents report on the transparency of assets, annual income include: Steering situation, implementation, organization and results of the Declaration, verification, publicity, violation processing (if any) of the agencies, organizations, units and agencies, organizations, units and individuals under the jurisdiction of management during the period from April 1 to March 31 of the previous year the following year.
The text reports including the lyrics and accompanying data are presented according to the reporting form included herewith (annex IV).
2. The time limit for completion of the prescribed annual reporting as follows: a) on 10 April at the latest each year, the Agency management units, who have the obligation to declare should complete the report on the implementation of the rules on transparency of assets, the income of the Agency, organization, unit;
b) at the latest on 20 April every year the Agency, organization, agency, unit-level General Directorate, corporations, State Corporation (in the management of the Ministry, the provincial PEOPLE'S COMMITTEE), Department-level committees, district level, province-level organs of political organization, social-political organizations other organs of the State, to complete the report on the transparency of property income in the system;
c) Slowly for 30 April every year the agencies, organizations, units of the National Assembly, in Government, the party's central authorities, other State bodies, the Central Committee of the Vietnam Fatherland Front, the central organs of the unions, the provincial people's Committee must complete its system reports;
d) on 30 November at the latest annual government inspection reports within the country.
Chapter V article 30 VIOLATION PROCESSING. Processed in breach of time limits in the transparency of assets, income, organizer of the Declaration, the slow; the Declaration, the process is slow; the General, reported the results of transparency of assets, slow income compared to the prescribed time limit without good reason, then, depending on the nature and extent of the violation must be disciplined as follows: 1. Apply this form of discipline rebuke for the slow implementation on 15 August to 30 September : a) the person in charge held the Declaration, the publicity that the implementation of the Declaration, the publicity is slow compared to the time limit for declaration, openly specified in this circular;
b) Who are obliged to declare assets, income declaration is slow compared to the time limit for statements by the head of the agency regulating unit organization;
c) Who are responsible for the synthesis report, the result of the transparency of property income that made slow compared to the synthetic term regulations, reports by the competent agency regulations.
2. Apply disciplinary form of caution with respect to the provisions in point a, point b, point c of Paragraph 1 of this article made slow on 30 days to 45 days.
3. Apply a more severe discipline form the disciplinary form of caution with respect to the provisions in point a, point b, point c of Paragraph 1 of this article done slowly over 45 days.
Article 31. Handle violation on Declaration, explain the origin of assets increase more dishonest People declare the assets, income, who explain the origin of assets increase more dishonest, then, depending on the nature and extent of the violation must be disciplined as follows: 1. For application of one of the forms of discipline : Reprimand, caution, resignation, recall.
2. for the application of one of the forms of discipline: reprimand, warning, demoted, demote, dismiss.
3. For the application of an officer in the form of discipline: reprimand, warning,.
4. for people working in State enterprises to adopt one of the forms of discipline: reprimand, warning,.
5. for people who work in these agencies, units of the people's army, the people's public security apply according to the rules of disciplined about discipline in the party and the people's army, the people's public security.
Article 32. Handle the responsibilities of property, income verification 1. The verification request, the person who issued the decision on verification, the verification authority concluded there verify violations of regulations on property, income verification, then depending on the nature and extent of being disciplined in accordance with the law. In the event of prejudice to the person who is responsible for the verification of remedial and reform public administration in writing; the text must be sent to the person is verified, agency, organization, unit where the person worked.
2. Head, who was tasked with providing information, documents in the Agency, organization, or individual units are related to the management of land, buildings, structures, tax, finance, banking and other relevant units, not done, not done in full untimely request, served to verify the nature and extent according to the breach being disciplined or prejudice criminal liability under the law.
3. The disclosure of records to verify assets, without income who have the authority to allow the subject nature and degree of the violation being disciplined or prejudice criminal liability under the law.
Article 33. Authority, order, disciplinary procedure with respect to violations of the rules on transparency of assets, income 1. For public servants comply with the provisions of the law on the disciplinary officers, civil servants, public employees.
2. for people working in the people's army, police the people follow rules of disciplined about discipline in the party and the people's army, the people's public security.
3. for people working in State enterprises was done according to the disciplinary regulations in State enterprises.
4. for people working in political institutions, social-political organizations perform according to the disciplinary regulations of that organization.
5. for public servants is a member violates the rules on transparency of property income, in addition to being disciplined as prescribed in this circular have to consider, disciplined party under the rules of the party.
Chapter VI IMPLEMENTATION Article 34. The responsibilities of the Agency, organization, Unit Manager Who has the obligation to declare assets, income 1. The head of the Agency, organization, Unit Manager Who has the obligation to declare assets, income is responsible for: a) direction, the organization declared publicly, timeliness, the right audience, in the right order, the procedure prescribed by the law on prevention of corruption, Decree No. 78/2013/ND-CP on 17 July 2013 the Government transparency property income, and this circular;

b) directs, organizes the management, use, exploit A declaration as prescribed in order to detect violations, verified at the request of the competent authorities, treat violators, publicly concluded verification, report on the transparency of property income, as prescribed in law, fight against corruption , Decree No. 78/2013/ND-CP on 17 July 2013 of the Government about the transparency of assets, income and this circular;
c) responsible for violations of regulations on Declaration, public, management, use, verify the Declaration, concluded, the verification conclusion in public bodies, institutions, its management unit in accordance with the law.
2. The Agency, organization, unit is responsible for the organisation, public declaration, retention, management, exploitation, use A declaration of assets of the Persons obliged to declare its management; the Organization verified by the decision of the Agency, the competent organizations; conclude and publicly verified conclusion under the provisions in article 23, article 24 of this circular.
Article 35. The guidelines urge, general inspection, report the results of transparency of assets, income 1. At Central: a) the heads of agencies, organizations, units of the National Assembly, the Government, the party's central authorities, other State bodies, the Central Committee of the Vietnam Fatherland Front, the central organs of the unions, the guidelines urge, general inspection results on the transparency property , income for the person who has the obligation to declare his responsibility; periodically sending aggregate data on government inspectors;
b) party Central Committee managing, General Declaration to declare results for the person who has the obligation to declare in the Politburo, Secretariat management; periodically sending aggregate data on government inspectors;
c) Interior Ministry instructions, urge, inspection, Inspector, General results, verify the Declaration, concluded and publicly a conclusion with regard to The obligation to declare is the work at the Central Agency of social organizations, social-professional organizations, institutions, other units have used the budget , State assets; periodically reports the results of government inspectors;
d) check the Central Party Committee general verification results, conclusion, a conclusion on transparency with regard to The obligation to declare in the Politburo, Secretariat management; periodically sending aggregate data on government inspectors;
DD) Ministry of defence, the Ministry of public security circular base specific guidelines in the implementation of the people's army, the people's public security; periodically reports the results of government inspectors;
e) Government inspection Guide, urge, check, inspection, verification, verification, synthesis of results declared, publicly, verified, re-verified, conclusions about transparency, handle infringement on the transparency of assets, income within the country.
2. At the provincial level: a) the head of the Agency in the people's Council, committees, bodies of the party, the Fatherland Front Committee, provincial bodies of political institutions, political-social responsible for directing, urging, examine, organize, aggregate results of the Declaration of income property management, a declaration with respect to The obligation to declare in its management; periodically reports the results of the inspection;
b) Committee Management Committee, General Declaration to declare results for the person who has the obligation to declare in an Management Committee Standing Committee; periodically sending aggregate data about Inspector;
c) Interior Department directing, urging, implementation, testing, inspection, General results, verify the Declaration, concluded and publicly a conclusion with regard to The obligation to declare is the work in social organizations, social-professional organizations, institutions, other units have used the budget , State assets; periodically reports the results of the inspection;
d) the Committee examined the General Committee of the verification results, conclusion, a conclusion with regard to The obligation to declare in an Management Committee Standing Committee; periodically reports the results of the inspection;
DD) Inspector of the Guide, the urge, check, inspection, verification, synthesis of results about the transparency of property income, under the authority of the management scope of the province.
3. At the district level: a) the head of the Agency in the people's Council, committees, bodies of the party, the Fatherland Front Committee, social-political organizations, the Chairman of the people's Committee of social responsibility organizations, urge, general inspection results Declaration income property management, A declaration with respect to The obligation to declare in its management; periodically reports the results of inspection of the district;
b) District Committee of the Board of management, General Declaration to declare results for the person who has the obligation to declare in an District Management Committee Standing Committee; by periodically sending aggregate metrics results Declaration of the Inspector of the district;
c) internal service-level implementation, urge, general inspection results, verify the Declaration, concluded and publicly a conclusion with regard to The obligation to declare is the work in social organizations, social-professional organizations, institutions, other units have used the budget , State assets in the district; periodically reports the results of inspection of the district;
d) the Commission examined the District Commissioner of the verification results, conclusions about the transparency in the property declaration, publicized a conclusion with regard to The obligation to declare in an District Management Committee Standing Committee; periodically sending aggregate data about the district inspectors;
level inspection) guidelines, the urge, check, inspection, verification, synthesis of results about the transparency of assets, income, according to the authority within the management of the district.
4. The ministries of central governance function by industry, responsible for field guides, the urge, inspection, Inspector, General results, verify the Declaration, concluded, openly A declaration for economic Corporation, Corporation, State-owned companies, joint-stock companies have capital of State and agency the other unit, the Organization has used capital, State assets in State management functionality.
Recurring economic Corporation, Corporation, State-owned companies, joint-stock companies have the capital of the State, institutions, agencies and other units have used state assets, capital pooling results declaring assets of his unit and sent to the Ministry of industry, to the General synthesis.
5. for the Agency, organized unit, the air was unified, centralized management from the central to local, such as the Ministry of defence, the Ministry of public security, the State Bank, the people's Procuratorate, people's Court, execution, General Department of taxation, the General Department of customs, the State Treasury and agency the other unit, then the sum results to declare income and assets reported under the system of the organization.
6. Every year the Minister, ministerial heads, government agency, the head of the party's Central Committee, the Central Inspection Committee, the Party Central Office, Office of the President, Office of the National Assembly, the body of the Parliament, the Supreme People's Procuratorate, the Supreme People's Court , the social-political organization in Central, the Chairman of the provincial people's Committee has the responsibility to send report results to declare income property of Inspector General in the General Government to the Government's report on the work of the corruption prevention Congress.
Article 36. Terms of implementation 1. This circular effect since December 16th, 2013.
2. This circular replaces circular No. 2414/2007/TT-on 13 November 2007, TTCP is modified and supplemented in circular No. 03/2009/TT-TTCP on October 22, 2010 Government Inspector's guidelines for implementing a number of articles of Decree No. 37/2007/ND-CP dated 9 March 2007 from the Government about the transparency property , income.
3. in the implementation process, if there are problems or new issues arise, the Agency, organization, or individual units reflect timely Government Inspector for instructions or additional amendments./.