Quyết định 85/2008/QĐ-TTg của Thủ tướng Chính phủ về việc ban hành Danh mục người có nghĩa vụ kê khai tài sản, thu nhập theo quy định tại khoản 11 Điều 6 Nghị định số 37/2007/NĐ-CP ngày 09/3/2007 của Chính phủ về minh bạch tài sản, thu nhập

DECISION

PROMULGATING THE LIST OF PERSONS OBLIGED TO MAKE ASSET AND INCOME DECLARATIONS UNDER CLAUSE 11, ARTICLE 6 OF THE GOVERNMENS DECREE No. 37/2007/ ND-CPOFMARCH 9, 2007, ON ASSET AND INCOME TRANSPARENCY

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law Against Corruption;
Pursuant to Clause 11, Article 6 of the Governments Decree No. 37/2007/ND-CP of March 9, 2007, on asset and income transparency;
At the proposal of the Minister of Home Affairs,

DECIDES:

Article 1. To promulgate together with this Decision the list of persons obliged to make asset and income declarations, who are working in state administrative agencies or serving in the armed forces.

Ministries, ministerial-level agencies, government-attached agencies, and provincial/ municipal Peoples Councils and Peoples Committees shall make lists of persons obliged to make asset and income declarations working in their agencies, organizations or units in order to organize asset declaration by these persons under this Decree.

Article 2. This Decision takes effect 15 days after its publication in "CONG BAO."

Based on the list of persons obliged to make asset and income declarations promulgated together with this Decision, the National Assemblys Office, the State Presidents Office, the Supreme Peoples Court, the Supreme Peoples Procuracy, central bodies of the Communist Party of Vietnam and other sociopolitical organizations shall draw up specific lists of persons obliged to make asset and income declarations in order to organize asset declaration by these persons under law.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal Peoples Committees shall implement this Decision. Any problems arising in the course of implementation should be reported by ministries, branches and localities to the Ministry of Home Affairs for summing up and submission to the Prime Minister for study and appropriate amendments and supplements.

LIST

OF PERSONS OBLIGED TO MAKE ASSET AND INCOME DECLARATIONS
(Promulgated together with the Prime Ministers Decision No. 85/2008/QD-TTg of July 3, 2008)

GROUP A: PERSONS DIRECTLY PERFORMING THE MANAGEMENT OF STATE BUDGET AND ASSETS, INCLUDING:

I. Persons who are working in state administrative agencies of all levels, bodies of the Communist Party of Vietnam and other socio-political organizations, the National Assemblys Office, the State Presidents Office and Peoples Councils offices, and assigned by competent agencies, organizations or units to work as:

1. Accountants.

2. Cashiers.

3. Storekeepers.

4. Persons in charge of procurement of materials, assets and working tools.

5. Persons in charge of supply or allocation of materials, fuels and equipment.

II. Persons who are working in the Vietnam Peoples Army and assigned by competent agencies to work as:

1. Staff members engaged in managerial or financial activities at battalion and equivalent or higher levels.

2. Keepers and head keepers of stores of weapons, military equipment, military supplies, petrol and oil, and barracks at regiment and equivalent or higher levels.

3. Logistical assistants at battalion and equivalent or higher levels.

4. Financial, military supplies, petrol and oil, and barrack assistants at regiment and equivalent or higher levels.

5. Staff members and assistants in charge of supply of materials and technical supplies at division and equivalent or higher levels.

6. Keepers and head keepers of stores of supplies, equipment and pharmaceuticals of hospitals.

7. Staff members engaged in supervising, accounting and assisting activities of project management units.

6. Cashiers, general accountants and persons in charge of monitoring capital and budgets of enterprises.

7. Heads of construction teams, managers of works, heads of workshops or stations of enterprises.

8. Cashiers, general accoutants and persons in charge of monitoring capital and budgets of enterprises.

9. Heads of construction teams, managers of works, heads of workshops or stations of enterprises.

10.Heads of electricity and water teams or processing teams; heads of printing or repair workshops of schools or equivalent units.

III. Persons who are working in the Vietnam Public Security Force and assigned by competent agencies to work as:

1. Storekeepers.

2. Cashiers.

3. Persons in charge of capital management.

4. Persons in charge of supplies, asset and tool management

5. Persons in charge of project management.

6. Persons in charge of project evaluation.

7. Persons in charge of construction work management

8. Persons in charge of planning and investment.

9. Persons in charge of procurement and supply.

10. Persons in charge of weapons and military equipment.

11. Persons in charge of equipping and allocation.

GROUP B: PERSONS WHO WORK IN DIRECT CONTACT WITH, AND HANDLE AFFAIRS OF, AGENCIES, ORGANIZATIONS, UNITS AND INDIVIDUALS IN THE FOLLOWING DOMAINS:

I. Organization and personnel

1. Allocation of planned funds for training and re-training of cadres and public servants.

2. Organization of recruitment of cadres, public servants and employees.

3. Organization of examinations for promotion of public servant and employee ranks.

4. Verification of personal details of cadres and public servants to be appointed, transferred, shifted, trained or retrained.

5. Examination of dossiers or apparatus organization and payrolls for submission to competent authorities for approval.

6. Evaluation of schemes on establishment or reorganization of state agencies, organizations and enterprises, non-governmental organizations and professional associations.

7. Examination of dossiers of request for establishment of new administrative units, or consolidation, division or adjustment of boundaries of existing administrative units at all levels.

8. Examination of dossiers on emulation, commendation or discipline forms for submission to competent authorities for decision.

II. Finance and banking

1. Management of taxpayers.

2. Collection, control and refund of value- added tax (VAT), tax finalization, management and issuance of tax forms.

3. Inspection of imports and exports.

4. Verification, inspection and settlement of operating funds under the budget law.

5. Issuance of operation licenses for banks and credit institutions.

6. Performance of credit operations at state credit institutions; examination of dossiers and provision of credit loans.

7. Handling of debts and bad debts; debt purchase and sale; price appraisal and pricing in auctions.

8. Allocation of money and commodities from the State Treasury and the National Reserves.

9. Payment of social insurance and medical insurance indemnities.

10. Issuance of foreign exchange operation licenses.

11. Supervision of banking operations.

III. Industry and trade

1. Issuance of import, export and trade service licenses and permits of various kinds.

2. Issuance of licenses related to the assurance of safety standards in production and business.

3. Market control.

IV. Construction

1. Issuance of construction permits.

2. Evaluation of construction projects.

3. Construction planning.

4. Monitoring and management of construction works.

5. Verification and assessment of the quality of construction works.

6. Monitoring, evaluation, planning, control, supervision, coordination, compensation and ground clearance of construction works and settlement of operating funds of construction project management units.

V. Transport

1. Technical assessment of traffic works and registry of vehicles and vessels of all kinds for
airway, marine, railway, road and waterway transport.

2. Management of traffic works.

3. Monitoring, evaluation, planning, control, supervision, coordination, compensation and ground clearance of traffic works and settlement of operating funds of traffic project management units.

4. Settlement of matters related to obligations, rights and benefits of persons joining traffic and regulations on assurance of safety for means of transport joining traffic.

VI. Health

1. Issuance of food hygiene and safety certificates.

2. Issuance of medical or pharmaceutical practice certificates.

3. Issuance of livestock feed production licenses and certificates of satisfaction of standards of livestock feed production establishments.

4. Issuance of western medicine import permits.

5. Issuance of insecticidal or germicidal chemical import permits.

6. Issuance of cosmetic import certificates.

7. Inspection of product standard and quality.

8. Monitoring, management, supervision and supply of medicines of all kinds; pharmaceutical materials, medical instruments, equipment and supplies; color products of all kinds for protection of and care for human health and public interests.

9. Price appraisal and pricing of western medicines of all kinds.

VII. Culture, Sports And Tourism

1. Issuance of international travel business licenses.

2. Issuance of licenses for tourist accommodation establishments.

3. Issuance of certificates recognizing historical relics classified as national relics.

4. Issuance of archaeological exploration and excavation permits.

5. Issuance of permits for bringing relics or antiques abroad.

6. Issuance of licenses for professional art performance.

7. Issuance of permits for import, export and popularization of cultural publications.

8. Examination of dossiers for hotel rating.

9. Examination of dossiers of application and issuance of permits for programs, items and plays to be performed by Vietnamese organizations and individuals abroad, and permits for those to be performed by foreign organizations and individuals in Vietnam.

10. Evaluation and approval of projects on conservation, embellishment and restoration of national relics and special national relics under law.

11. Approval of or agreement on the construction of works in protection zone II for national relics and special national relics.

VIII. Informationand Communication

1. Issuance of licenses for operation in the domains of post, telecommunications, information technology, press and publication.

2. Supply and allocation of information resources (numerical stores, frequencies, Internet resources and satellite orbits).

3. Management of advertisement programs on radio and television broadcasts and the Internet.

4. Allocation, evaluation and management of projects and schemes in the domains of infoimation technology and communication.

IX. Natural Resources And Environment

1. Issuance of land use rights certificates and certificates of ownership of or right to use assets attached to land.

2. Issuance of permits for mineral survey, exploration, exploitation and processing.

3. Issuance of permits for hazardous waste treatment and transportation.

4. Issuance of certificates of environmental standard conformity.

5. Issuance of permits for water resource exploration, exploitation and use, and for discharge of wastewater into water sources.

6. Handling of dossiers for land allocation, lease, recovery or use purpose change, registration of land use rights, and ownership of and right to use assets attached to land.

7. Sale or lease of assets attached to land and assignment of land use norms; management of payment of compensations, identification of land users eligible for compensations or supports; compensation and support levels applicable to ground clearance.

8. Handling of environment-related violations.

X. Agriculture And Rural Development

1. Issuance of land lease or allocation certificates; management of animals on the list of precious and rare animals.

2. Animal quarantine.

3. Forest ranger.

4. Control of veterinary medicine, plant protection drugs, and animal, cattle and poultry diseases.

5. Monitoring and management of protection of aquatic resources, management of quality, safety and hygiene of aquatic products, and veterinary medicine for aquatic animals.

XI. Investment And Foreign Affairs

1. Evaluation and issuance of certificates of foreign investment in Vietnam and offshore investment by Vietnamese entities.

2. Evaluation of projects.

3. Bidding and management of bidding.

4. Elaboration, allocation and management of capital plans.

5. Planning management.

6. Management of industrial parks and export-processing zones.

7. Management of enterprises and business registration.

8. Management of official development assistance (ODA).

9. Receipt and processing of consular dossiers.

XII. Justice

1. Enforcers of civil judgment enforcement agencies at all levels.

2. Civil judgment enforcement inspectors.

3. Registration of marriages involving foreign elements, registration of security transactions.

4. Judicial correction, judicial certification.

XIII. Labor, War Invalids And Social Affairs

1. Examination of dossiers of application for licenses for provision of services of sending Vietnamese laborers to work abroad under contracts.

2. Examination of dossiers for establishment of vocational colleges and secondary schools; issuance of job training registration certificates to job-training establishments; allocation of job-training quotas and funds.

3. Examination of dossiers of people with meritorious services; estimation, approval and allocation of funds for payment of preferential allowances, provision of incentives other than allowances, and other programs on social preferences for people with meritorious services.

XIV. Science And Technology

1. Scientific and technological cooperation and exchange involving foreign elements.

2. Examination of dossiers and procedures for the issuance, modification, revocation and extension of permits, licenses, certificates and registration certificates within the scope of state management of science and technology according to the task assignment and responsibility decentralization by competent state agencies and under law.

3. Technological evaluation and assessment of domestic investment and foreign investment projects and socio-economic development programs under law.

4. Examination of dossiers of application for and provision of consultancy on intellectual property titles.

XV. Education And Training

1. Enrollment and training of students in public schools (those founded by the State with their material foundations built with state investment and operating funds for regular expenditures covered by the state budget).

2. Allocation of enrollment and training quotas to schools in the national educational system; allocation of postgraduate training and overseas training quotas.

3. Evaluation and approval of programs on training or retraining of schools in the national educational system.

4. Assessment of textbooks, teaching aids and other technical supplies for teaching and research activities.

5. Examination of dossiers for establishment of schools in the national educational system.

6. Management of projects and schemes in the domain of education and training.

7. Allocation and evaluation of scientific research projects in the domain of education and training.

XVI. Defense

1. Policy assistants of military commands of rural districts, urban districts or provincial towns.

2. Heads of military commands of rural districts, urban districts or provincial towns, or command posts of regiments or equivalent units.

3. Directors of job training and recommendation centers of provinces or centrally run cities.

4. Heads or deputy heads of border-guard stations.

5. Military force assistants and personnel assistants at regiment or higher levels.

6. Assistants for management of students, enrollment, policies and insurance of schools.

XVII. Public Security

1. Issuance of passports, management of entry, exit, immigration and residence of foreigners in Vietnam.

2. Border-gate control.

3. Registration and issuance of number plates of road vehicles; patrol, inspection, control and handling of violations of road, waterway and railway traffic safety regulations.

4. Household registration and management.

5. Registration and management of conditional business lines.

6. Scouting (in economic, criminal, anti-narcotic, environmental or anti-corruption activities).

7. Approval of fire prevention designs; inspection of fire safety.

8. Conscription of citizens for termed service in the Public Security Force; enrollment of students and recruitment of cadres and public servants.

9. Handling of violations and social order and safety.

10. Wardens and superintendents at prisons, detention camps, educational centers and reformatories.

XVIII. Inspection And Corruption Prevention And Combat

1. Persons engaged in inspection work in all domains specified in this Decision, except for those appointed to the rank of inspector (governed by the provisions on the obligation to make asset and income declarations in Clause 10. Article 6 of the Governments Decree No. 37/2007/ND-CP of March 9, 2007, on asset and income transparency).

2. Settlement of complaints and denunciations of agencies, organizations, units and individuals.

3. Persons engaged in anti-corruption activities.

Above is the list of persons obliged to make asset and income declarations under Clause 11, Article 6 of the Governments Decree No. 37/2007/ND-CP of March 9, 2007, on asset and income transparency.