Proposal for asset fluctuations of 1 billion VND/year or more that new officials must declare additionally

The Government proposed to increase the fluctuation level of assets and income value that must be declared from 300 million VND to 1 billion VND/year to suit the current socio-economic development conditions and prices, which have changed a lot compared to 2018.

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting on the afternoon of October 15. (Photo: DUY LINH)

On the afternoon of October 15, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly Standing Committee gave opinions on the draft Law amending and supplementing a number of articles of the Law on Anti-Corruption.

Raise the declared value of income assets from 50 million to 150 million VND

Presenting the report, Government Inspector General Doan Hong Phong said that the draft Law focuses on amending and supplementing the following issues:

Firstly, perfecting policies on corruption prevention measures including: assessment of corruption prevention and control work; asset and income control agencies; asset and income declaration and verification of assets and income.

Second, perfecting policies on detecting corruption, including: the authority of inspection agencies in inspecting cases with signs of corruption; receiving and handling feedback and denunciations about acts of corruption.

Third, perfecting policies on information technology application, digital transformation, and building a national database on asset and income control to prevent corruption.

Fourth, unify and synchronize legislative techniques, ensuring feasibility and conformity with relevant legal documents.

Government Inspector General Doan Hong Phong presents a report at the meeting. (Photo: DUY LINH)

The Draft Law has amended, supplemented and completed 16 contents in 16/96 articles of the 2018 Law on Anti-Corruption. Specifically, amending and completing regulations on asset and income control agencies ensures clear division of authority, synchronization and conformity with the Party's regulations on asset and income control.

According to the provisions of the draft, the agencies controlling assets and income include: Inspection Committees of Party Committees at the grassroots level and above; Government Inspectorate; Supreme People's Court; Supreme People's Procuracy; State Audit; Office of the National Assembly; Office of the President; National Assembly Delegation Work Committee; Central agencies of socio-political organizations; Ministries, ministerial-level agencies, agencies under the Government and Inspectorates of provinces and centrally-run cities.

In addition, the draft Law also stipulates an increase in the value of assets that must be declared from 50 million VND to 150 million VND; an increase in the value of assets and income that must be additionally declared when there is a fluctuation during the year from 300 million VND to 1 billion VND to suit the current socio-economic development conditions and prices that have changed a lot compared to 2018. The draft Law assigns the Government to specify the responsibilities, order, and procedures for verifying assets and income for those who are required to declare according to the annual plan.

Fully institutionalize the Party's policy on corruption prevention and control

Presenting his review opinion, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the Committee agrees with the necessity of promulgating the Law amending and supplementing a number of articles of the Law on Anti-Corruption for the reasons stated in the Government's Submission.

The Committee on Law and Justice found that, in addition to the issues planned for amendment and supplementation, there are still a number of other contents that need to be further studied and amended to fully institutionalize the Party's policies and overcome limitations and shortcomings in the work of preventing and combating corruption.

Chairman of the Law and Justice Committee Hoang Thanh Tung presents the inspection report. (Photo: DUY LINH)

Specifically, the recovery of lost or misappropriated assets in criminal cases of corruption and economic crimes; including the declaration and control of asset and income declarations in the criteria for evaluating cadres, party members and the level of task completion of agencies, organizations, units and leaders; the handling of untruthfully declared assets, additional assets of unexplained origin; and accountability...

In particular, there are contents that can be institutionalized in the draft Law such as "including the declaration and control of declaration of assets and income into the criteria for evaluating cadres, party members and the level of task completion of agencies, organizations, units and heads" in Conclusion No. 105-KL/TW. For some other issues, it is possible to study the principled regulations and assign the Government to specify in detail.

The Committee on Law and Justice proposed that the Government continue to review to ensure consistency, especially for a number of draft laws related to corruption prevention and control, to be submitted to the National Assembly for consideration and approval at the upcoming 10th Session.

Going into some specific contents, Clause 1, Article 30 of the draft Law amending and supplementing the provisions on the agency controlling the Party's assets and income is as follows: "The Inspection Committee of the Party Committee at the level directly above the grassroots level controls the assets and income of Party members who are cadres under the management of the Party Committee at the same level and Party members who specialize in Party work or have positions in advisory agencies to assist the Party Committee according to the Party's regulations".

The majority of opinions of the Committee on Law and Justice agreed with this provision and believed that the addition of this provision was necessary to ensure the institutionalization of Regulation No. 296-QD/TW and Decision No. 56-QD/TW. However, there were opinions that the Law should only stipulate principles, not specify in detail the functions and tasks of Party agencies. Determining which Party agencies have the authority to control the assets and income of Party members is under the Party's sole authority.

View of the meeting. (Photo: DUY LINH)

Regarding the scope of subjects obligated to declare assets and income in state-owned enterprises, the draft Law expands the scope of subjects obligated to declare assets and income in state-owned enterprises under the current Law on Anti-Corruption from "enterprises in which the State holds 100% of charter capital" to "enterprises in which the State holds more than 50% of charter capital or total number of voting shares".

The majority of opinions of the Committee on Law and Justice agreed with this expansion and considered the amendment to be consistent with the Party's policy on innovation and improving the operational efficiency of state-owned enterprises, strengthening the management of state capital and assets; and at the same time consistent with the trend of equitization of state-owned enterprises. However, it is recommended that the Government provide specific guidance on cases where foreigners participating in the management of state-owned enterprises must declare (or exclude them) to ensure feasibility and suitability with reality.

Regarding assets, income that must be declared and changes in assets that must be additionally declared, Chairman Hoang Thanh Tung stated that the Committee basically agrees with the adjustment of this increase to suit the practical socio-economic situation, focusing on controlling the declaration of assets of large value, reducing unnecessary administrative procedures. In addition, there are opinions suggesting not to rigidly stipulate the amounts in the Law but to assign the Government to specify them for flexible adjustment in each period.

VAN TOAN

Source: https://nhandan.vn/de-xuat-bien-dong-tai-san-tu-1-ty-dongnam-tro-len-can-bo-moi-phai-ke-khai-bo-sung-post915551.html