Officials who cannot explain the origin of their unexplained assets will be sued in court.

According to the draft Law on Anti-Corruption (amended) which is being widely consulted, if civil servants and public employees are found to have actual assets and incomes greater than those declared, the agency or unit controlling assets and incomes can initiate a civil lawsuit at a competent Court to rule on the ownership of the difference in assets and incomes if they cannot reasonably explain it.

(Illustration: Ngoc Diep)

The Government Inspectorate believes that, in order to ensure accurate and honest declarations in order to more effectively control the assets and incomes of declarants, the draft Law on Anti-Corruption has expanded the basis for verifying assets and incomes compared to current regulations, including: When there is a basis for dishonest declarations or lack of reasonable explanations; when there are accusations about asset and income declarations; regulations on mandatory verification for those expected to be elected, appointed, assigned to hold positions and receive responsibility allowances of 0.9 or higher in order to build a team of honest cadres, civil servants, and public employees, or when the head of an agency, organization, or unit deems it necessary to verify the assets and incomes of those expected to be elected, appointed, assigned to hold positions and receive responsibility allowances of less than 0.9 in their agency, organization, or unit.

The handling of assets and income that are dishonestly declared and not properly explained is a new provision proposed in the draft law to institutionalize the Party's direction on improving the effectiveness of recovering corrupt assets.

The results of handling assets and income that are declared dishonestly and not explained reasonably must be made public for the people to know.

While a mechanism for asset management and auditing of income and expenditure for the whole society has not been established, some countries have applied different methods of recovering corrupt assets such as criminalizing the act of illicit enrichment (currently 45 countries and territories apply this provision) and criminal recovery of assets and illicit income or civil recovery of corrupt assets...

Providing solutions for asset recovery in Vietnam must thoroughly understand the policies and guidelines of the Party and State and be based on the principles of the rule of law, ensuring the rights of citizens and the rights of property ownership of individuals and organizations as stipulated in the Constitution and laws.

“Accordingly, the confiscation of corrupt assets can only be carried out when there is a court's legally effective criminal judgment or decision on the individual's corrupt behavior and assets originating from that corrupt behavior,” the Government Inspectorate emphasized.

In addition, inheriting the provisions of the current Law, the draft has added provisions on cooperation in recovering corrupt assets to improve the effectiveness of recovering corrupt assets and enhance compliance with the United Nations Convention against Corruption. Accordingly, the Supreme People's Procuracy is assigned to be the national focal point in cooperating with foreign countries in recovering corrupt assets and presiding over the provision of information, receiving and handling requests from foreign agencies, organizations and individuals for recovering corrupt assets in Vietnam and receiving and handling requests from agencies, organizations and individuals in Vietnam for recovering corrupt assets abroad.

According to Dan Tri