This statement comes from Deputy Chief Inspector of Government Tran Duc Luong in a press conference on asset and income transparency, and anti-corruption in Vietnam on the sideline of the workshop on “Vietnam Anti-corruption Initiative" (VACI) recently held by the Government Inspectorate and the World Bank in Hanoi. Trinh Hai reports.
What should have been made transparent in Vietnam?
Vietnam’s anti-corruption policy towards 2020 advocates a maximum reduction in State secrets, technology secrets and professional secrets. However, some agencies and businesses wield the umbrella of secrets to deny providing information on their operations. But, according to the Law on Anti-corruption, State organs and businesses must make public their organisations and operations. For example, the Government Inspectorate must disclose inspection results, complaints, denunciation settlements or other activities like institutional construction, etc.
Therefore, Vietnam needs to amend its legal systems on State secrecy. The publicity of information actually detrimental to national security, habits and customs or counterproductive to the society needs to be prohibited. According to international experience, the greater transparency and publicity are, the less corruption is found.
The Government has issued the Decree 68 on amendments and supplements to some articles of the Decree 37 on property and income transparency. Could you provide more information about this?
The Decree 68 is a step forward as it provides the statutory publicity of State officials with authority to make public their properties at their workplaces. Besides, according to the Law on Anti-corruption, asset declarations are enclosed with profile records while these records are defined as the State secrecy. This should be amended.
For example, I am working for the Government Inspectorate as the Deputy Chief Inspector. Annually, I have to declare my assets and my colleagues will know my assets and incomes in that year to supervise. If my assets have sudden change in 2011, I must supplement the declaration.
After enforcing the Decree 37 on transparency of asset and income of officials with authority, some shortcomings come up. The Decree 68 has 10 contents amended and the content I like most relates to asset transparency and pronouncement.
How is the authenticity of asset declarations?
While the Decree 37 does not define asset pronouncement principles, the recent Decree 68 provides that asset declaration is “self-declared and self-responsible.” It is easy to count the amount of VND50 million but it must be a dispute to value a picture at VND30 million or VND50 million. So, who will value such a picture? That must be its owner. Declaration must be accountable to the State management organs.
So, the Decree on asset declaration includes doled-out properties put in the name of family relatives or deposited abroad to circumvent declaration or publicity?
When we compiled the ruling, we also thought of this situation. For example, in Vietnam, officials have a lot of assets but they declare a very limited amount because their assets are in the name of their underage children. [We] will have to propose plugging this loophole.
As regards properties abroad, assets must be declared no matter where they are and no matter what value they are. Currently, Vietnam is a member of the United Nations Convention against Corruption. Previously, such secret places as the Bank of Switzerland, the United States used to request it to disclose some information [related to assets of some figures] but it refused to do it. However, under the pressure of the UN Convention against Corruption, the bank has eventually provided information.
Thus, we do not fear that we cannot get information abroad. I think for persons obliged to declare the money and bank accounts overseas, the best policy is to declare because it is very easy to know information about their assets.
How does the oversight mechanism work to deal with untruthful declaration?
The Decree 68 also makes another progress in monitoring mechanism. It specifically provides the oversight rights of competent organs, particularly the Vietnam Fatherland Front, member organizations and Party cells. With this mechanism, in case an official or civil servant gets rich rapidly, he/she must be questioned. When the publicity and transparency are greater, authentication will be easier.
How many cases of falsified declarations has the Government Inspectorate detected? How have they been treated?
To my knowledge, there are, but not many, cases of violation. The highest sanction is now dismissal. The publicity of assets is a method of measuring honesty. For persons with authority, the best policy is honest declaration of assets.