Reason for proposing to increase the level of additional declared asset fluctuations from 300 million to 1 billion VND/year

The Government Inspector General said that the increase in the level of fluctuation in assets and income in the year that must be declared additionally from 300 million VND to 1 billion VND is based on two main factors: from 2018 to now, there have been 3 increases in basic salary and socio-economic conditions have developed 3 times, especially the market prices have fluctuated a lot.

On the afternoon of November 18, continuing the 10th Session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Anti-Corruption.

There should not be a rigid regulation in the law on the amount of fluctuation that must be declared additionally.

Point a, Clause 8, Article 1 of the draft Law amends and supplements Clause 2, Article 36 in the direction of stipulating: "Additional declaration is made when the person with the obligation to declare has a change in assets or income during the year with a value of 1 billion VND or more".

Commenting on this content, delegate Nguyen Van Huy (Hung Yen Delegation) said that raising the level of fluctuation in assets and income in the year that must be declared additionally - from 300 million VND to 1 billion VND - is suitable to the socio-economic situation; accurately reflecting the current situation of fluctuation in assets and income.

Delegate Nguyen Van Huy. (Photo: DUY LINH)

However, the delegate suggested that the drafting agency should not stipulate a fixed amount of 1 billion VND in the draft Law, but should assign the Government to stipulate it in sub-Law documents to suit and flexibly adjust to the country's socio-economic situation at each point in time.

Sharing the same concern, delegate Pham Van Hoa (Dong Thap Delegation) agreed with the draft Law stipulating 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 assets and income that must be declared additionally when there is a fluctuation in the year from 300 million VND to 1 billion VND.

However, the delegate suggested that the Drafting Committee consider that when there is a change in assets or income in a year from 500 million VND to less than 1 billion VND, it is also possible to declare additional information to fill the gap with such a change.

"For example, we only calculate from 1 billion VND and up, but for less than 1 billion VND like 999 million VND, we cannot afford to miss it and not declare it. Therefore, for subjects like this, I also suggest that they should declare it," the delegate stated his opinion.

Delegate Pham Van Hoa. (Photo: DUY LINH)

To avoid having to amend the law, delegate Pham Van Hoa suggested that it is necessary to study the provisions in this law, and assign the Government to regulate the declaration of additional assets when the value of money and income of civil servants and public employees increases higher than the above value.

Agreeing with the proposal to increase the additional declaration level as in the draft, delegate Mai Van Hai (Thanh Hoa Delegation) said that the above regulation only mentions that assets formed in the year under 1 billion VND do not need to be additionally declared, but if accumulated from the previous year, the assets can be over 1 billion VND. Therefore, the delegate suggested that it is necessary to consider having specific regulations on declaration in this case.

Proposal to legalize the principle that all unusual asset fluctuations that are inconsistent with income must be explained

Commenting on the regulations related to the declaration of asset fluctuations and tightening responsibility for fluctuations under 1 billion VND in Article 36, delegate Nguyen Tam Hung (Ho Chi Minh City Delegation) said that the threshold of 1 billion VND is suitable for the current economic context. However, if only the absolute threshold is regulated, there will be a situation of splitting transactions and separate transfers, making it difficult for the control agency to detect.

Delegate Nguyen Tam Hung. (Photo: DUY LINH)

Therefore, the delegates proposed to legalize the principle that any unusual asset changes that are inconsistent with income, even if they are under 1 billion VND, must be explained. This is an important mechanism to prevent the "avoidance of declaration" technique, which has been very popular in recent times.

According to delegate Nguyen Tam Hung, the Law on Anti-Corruption (amended) will only be truly effective when it ensures three pillars: unified data; clear responsible agencies; and proactive monitoring mechanisms, thereby forming a modern income and asset control system, proactively preventing the risk of corruption from the root.

Speaking to explain and clarify a number of issues raised by National Assembly deputies, Government Inspector General Doan Hong Phong said that the majority of deputies agreed with the regulations on asset value and income levels that must be declared and supplementary declarations.

Some National Assembly deputies requested clarification of the basis for the regulation to increase the declared value from 50 million VND to 150 million VND and the value of assets and additional income fluctuating during the year from 300 million VND to 1 billion VND.

Government Inspector General Doan Hong Phong. (Photo: DUY LINH)

The representative of the drafting agency emphasized that the regulation to increase the declared value from 50 million VND to 150 million VND and the value of assets and additional income fluctuating during the year from 300 million VND to 1 billion VND is based on two main factors:

Firstly, from 2018 to now, the basic salary has increased 3 times.

Second, due to the 3-fold increase in socio-economic conditions, especially market prices have fluctuated a lot compared to 2018.

The Government Inspector General emphasized that the drafting agency will coordinate with the National Assembly's Committee on Law and Justice to study, absorb and perfect the draft Law, ensuring the institutionalization of the Party and State's guidelines and policies, while being consistent with the system of legal documents and meeting practical requirements in current anti-corruption work.

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Source: https://nhandan.vn/ly-do-de-xuat-nang-muc-bien-dong-tai-san-phai-ke-khai-bo-sung-tu-300-trieu-len-1-ty-dongnam-post924036.html