Proposed regulation on increasing asset value and income of 1 billion VND must be declared additionally

VTV.vn - The draft Law amending the Law on Anti-Corruption stipulates increasing the annual fluctuation level that must be declared from 300 million to 1 billion VND to be consistent with reality.

Government Inspector General Doan Hong Phong presents the Draft Law Proposal

Perfecting policies on preventing and detecting corruption

On November 4, Government Inspector General Doan Hong Phong presented the Draft Law on amending and supplementing a number of articles of the Law on Anti-Corruption. The draft law amends and completes 17/96 articles of the 2018 Law on Anti-Corruption.

The draft law includes the following basic contents:

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

Second, perfecting policies on detecting corruption, including: The authority of inspection agencies in inspecting cases with signs of corruption, receiving and handling reports and denunciations of corruption.

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

Regarding income asset control, the draft law amends and completes the regulations on income asset control agencies, ensuring clear division of authority, consistent with the Party's regulations in Decision 56 of the Politburo and Regulation 296 of the Central Executive Committee. Accordingly, the income asset control agencies 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 President, Office of the National Assembly, National Assembly Delegation Work Committee, Central agencies of socio-political organizations; Ministries, ministerial-level agencies, Government agencies and Inspectorates of provinces and centrally run cities.

Notably, the draft law stipulates an increase in the value of assets that must be declared from 50 million VND to 150 million VND, and an increase in the value of income assets that must be additionally declared when there is an increase in fluctuations during the year from 300 million VND to 1 billion VND to suit the current socio-economic conditions and prices that have increased significantly compared to 2018.

The draft law also decentralizes the power to ministries and provincial People's Committees to self-assess anti-corruption work, and decentralizes the power to control assets and income of those under the management authority of local authorities.

Adjusting the level of declaration of asset value and income

Presenting the review report, Chairman of the Committee on Law and Justice Hoang Thanh Tung said that the majority of opinions of the Committee on Law and Justice agreed with the scope of amendments and supplements to the draft Law as submitted by the Government.

Chairman of the Committee on Law and Justice Hoang Thanh Tung presents the report on the review of the Law project.

Regarding some Party policies that have not been institutionalized and some limitations and shortcomings in the work of preventing and combating corruption that have not been proposed for resolution in this revision, such as: handling of untruthfully declared assets, additional assets whose origin cannot be explained; recovering lost and misappropriated assets in criminal cases of corruption and economic crimes, etc., the Committee on Law and Justice recommends that the Government continue to direct research to propose when comprehensively amending the Law on Preventing and Combating Corruption. In addition, there are opinions suggesting continuing to review the draft Law to fully institutionalize the Party's policies; in cases where it is not possible to specifically stipulate in the Law, it is possible to stipulate principles and assign the Government to stipulate in detail.

Regarding assets, income that must be declared and changes in assets that must be additionally declared, the Committee basically agrees to adjust the increase in the level of declaration of asset value and income from 50 million to 150 million VND for precious metals, precious stones, money, valuable papers and other assets at Point b, Clause 1, Article 35 and increase the level of change in the year that must be declared from 300 million to 1 billion VND at Clause 2, Article 36 to suit the practical socio-economic situation, focusing on controlling the declaration of assets of great value, reducing unnecessary administrative procedures. In addition, there are opinions suggesting not to rigidly stipulate the amount of money in the Law but to assign the Government to specify it to flexibly adjust it in each period.

Regarding the scope of subjects obliged to declare assets and income in state-owned enterprises (SOEs), the Draft Law amends Clause 3, Article 217 of the Enterprise Law No. 59/2020/QH14, thereby expanding the scope of subjects obliged to declare assets and income in SOEs 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 in the Committee agreed with this expansion to improve the effectiveness of anti-corruption work in state-owned enterprises, to avoid omitting a group of subjects assigned by the State to participate in, manage and operate state-owned enterprises and assets but are not obliged to declare assets and income; at the same time, it is consistent with the trend of equitization of state-owned enterprises. However, it is recommended that the Government provide specific guidance on declaring assets and income in cases where the person obliged to declare is a foreigner (if any) working in state-owned enterprises (or exclude them).

Some opinions suggest careful consideration, because expanding the scope of subjects obligated to declare assets and income in state-owned enterprises may cause concerns for investors, and make it difficult to control the assets of foreigners and declarants in the non-state sector.

Source: https://vtv.vn/de-xuat-quy-dinh-tang-gia-tri-tai-san-thu-nhap-1-ty-dong-phai-ke-khai-bo-sung-100251104175331775.htm