Focus on controlling the declaration of valuable assets, reducing unnecessary administrative procedures

On the morning of November 4, the National Assembly listened to the presentation of the Proposal and Report on the examination of the draft Law amending and supplementing a number of articles of the Law on Anti-Corruption.

Increase the value of assets to be declared from 50 million VND to 150 million VND

The draft Law on amending and supplementing a number of articles of the Law on Anti-Corruption was presented by Government Inspector General Doan Hong Phong and stated that the draft Law amends and completes 17/96 articles of the 2018 Law on Anti-Corruption. Accordingly, the draft Law focuses on 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.

Government Inspector General Doan Hong Phong presents the Draft Law on amending and supplementing a number of articles of the Law on Anti-Corruption. Photo: Quang Khanh

Along with that, it clearly defines the authority of inspection agencies in inspecting cases with signs of corruption; receiving and handling feedback and denunciations about corruption. The draft law also supplements regulations on the application of information technology, digital transformation, and the construction of a national database on asset and income control to prevent corruption.

Presenting the revised and improved contents, Inspector General Doan Hong Phong said that the draft Law stipulates that the agencies controlling assets and income include: Inspection Committees of Party Committees at the level directly above 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; Inspectorates of provinces and centrally-run cities.

The draft Law stipulates an increase in the value of assets that must be declared from 50 million to 150 million; an increase in the value of assets and income that must be declared additionally when there is an increase in value during the year from 300 million to 1 billion VND. This provision is to be consistent with the current socio-economic conditions and prices that have increased significantly compared to 2018. At the same time, the Government is assigned to provide detailed regulations on the verification of assets and income for randomly selected people who are required to make annual declarations.

View of the meeting. Photo: Quang Khanh

Regarding the value of assets and income to monitor developments and verify assets and income, the draft Law amending and supplementing Point a, Clause 2, Article 31, Article 40, Point b, Clause 1, Article 41 stipulates increasing the value of assets and income when declaring changes during the year from 300 million VND to 1 billion VND.

The draft Law also amends and completes the regulations on the authority to inspect corruption cases of inspection agencies to be consistent with the organization of the inspection agency apparatus after the reorganization. Amends and completes the regulations on handling complaints and denunciations about corruption to ensure the effective reception, classification and handling of complaints and denunciations about corruption.

Accordingly, Clause 16 of the draft Law amending and supplementing Article 61 stipulates: The Government Inspectorate inspects cases showing signs of corruption carried out by people working at ministries and ministerial-level agencies, except for the cases specified in Point b of this Clause; people working at Government agencies; agencies and organizations whose establishment or operating charters are decided by the Government or the Prime Minister; state-owned enterprises managed by ministries and ministerial-level agencies; people holding positions of Department Director and equivalent or higher working at local authorities.

The draft Law also amends and supplements regulations to decentralize the authority to ministries, ministerial-level agencies, and provincial People's Committees to self-assess the work of preventing and combating corruption in Clause 2, Article 17 of the draft Law. And, decentralize the control of assets and income to those under the management authority of local authorities in the direction that the Government Inspectorate will not control the assets and income of people holding positions from Department Directors and equivalent positions of local authorities, but this task is under the authority of the Provincial Party Committee Inspection Committee, City Party Committee and Provincial Inspectorate (Article 30 of the draft Law).

Improving the effectiveness of corruption prevention and control in state-owned enterprises

Briefly presenting the Report on the review of the Law project, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the Committee basically agreed 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 fluctuation in the year that must be declared to suit the practical socio-economic situation, focusing on controlling the declaration of assets of great value, reducing unnecessary administrative procedures. In addition, there were 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 stage.

Chairman of the Law and Justice Committee Hoang Thanh Tung presents the Report on the review of the draft Law. Photo: Quang Khanh

Regarding the scope of subjects of declaration of assets and income in state-owned enterprises, 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 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 on the expansion to improve the effectiveness of anti-corruption work in state-owned enterprises, avoiding leaving out a group of subjects assigned by the State to participate in, manage and operate enterprises, capital, and state assets but not having the obligation 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 asset and income declaration for 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 obliged to declare assets and income in state-owned enterprises may cause concern for investors, and it is difficult to control the assets of foreigners and declarants in the non-state sector.

Delegates attending the meeting. Photo: Quang Khanh

Regarding the agency controlling assets and income of Party members working at Party committees at all levels and Party advisory agencies, the majority of opinions in the Committee on Law and Justice agreed with the regulation amending Clause 1, Article 30 of the Law on Anti-Corruption in the direction of assigning the Inspection Committee of the Party Committee at the next higher level with a basis or higher to control the assets and income of Party members who are cadres under the management and use of the Party Committee at the same level, civil servants, full-time employees or have job positions in advisory agencies and Party committees according to the Party's regulations.

Besides, there are opinions that the Law should not specify in detail the functions and tasks of Party agencies, but that determining which Party agencies have the authority to control the assets and income of Party members is under the Party's sole authority.

Source: https://daibieunhandan.vn/tap-trung-kiem-soat-viec-ke-khai-tai-san-co-gia-tri-lon-giam-thu-tuc-hanh-chinh-khong-can-thiet-10394295.html