VI This article summarizes the regulations from July 1, 2026, regarding disciplinary actions, authority, procedures, and the public disclosure of decisions on handling violations in asset and income control according to Decree 164/2026/ND-CP. Let’s explore more with Pham Consult!
Guidelines for handling violations of asset and income control regulations from July 1, 2026, in detail in Decree 164?
The handling of violations of regulations on asset and income control for declarants from July 1, 2026, is guided in detail in Article 36 of Decree 164/2026/ND-CP.
Specifically, based on the content, nature, extent, and consequences of the violation; the motive, purpose, cause, and circumstances of the violation; aggravating and mitigating circumstances; the person obligated to declare will be subject to one of the following specific disciplinary measures:
(1) Reprimand applied to:
– Declarants who fail to submit the declaration form after being reminded in writing a second time by the competent agency, organization, or unit;
– Declarants who make dishonest declarations of assets and income that are required to be declared with a total value of up to 10 billion VND;
– The declarant provides a dishonest explanation of the origin of assets and additional income with a total value from 150 million VND to 10 billion VND.
(2) Warning applies to:
– Declarants who fail to submit the declaration on time after being disciplined with a reprimand as stipulated in item (1);
– Declarants who make dishonest declarations of assets and income that must be declared with a total value from over 10 billion VND to 20 billion VND;
– Declarants who provide a dishonest explanation of the origin of assets and additional income with a total value from over 10 billion VND to 20 billion VND.
(3) Dismissal applies to declarants holding positions when:
– They make dishonest declarations of assets and income that must be declared with a total value exceeding 20 billion VND;
– Providing dishonest explanations of the origin of assets and additional income for assets and income with a total value exceeding 20 billion VND.
Other violations in asset and income control from July 1, 2026 are guided in detail in Article 37 of Decree 164/2026/ND-CP, specifically as follows:
(1) Reprimand applies to:
– The head of the agency, organization, or unit who fails to organize the declaration, publicize the declaration, or submit the declaration after being reminded in writing a second time by the competent authority;
– The head of the Asset and Income Control Agency who intentionally fails to organize the receipt and management of the declaration;
– Members of the Asset and Income Verification Team who intentionally abuse the asset and income verification process to commit illegal acts.
(2) Warning measures apply to:
– Intentionally failing to conclude the verification of assets and income, affecting the legitimate rights and interests of the person being verified.
– Intentionally covering up for the person whose assets and income are being verified.
(3) Violations of the provisions of Article 18 of Decree 164/2026/ND-CP, and items (1) and (2), if constituting a crime, shall be prosecuted criminally in accordance with the law.
What is the authority, procedures, and process for disciplinary action against individuals who violate regulations on asset and income control from July 1, 2026?
Based on the provisions of Article 38 of Decree 164/2026/ND-CP, which stipulates the authority, procedures, and processes for disciplinary action against individuals who violate regulations on asset and income control from July 1, 2026, the details are as follows:
– Disciplinary action against individuals who are cadres, civil servants, or public employees and who commit violations shall be carried out in accordance with the law on disciplinary action against cadres, civil servants, and public employees.
– Disciplinary action against individuals who work in the People’s Army or the People’s Police shall be carried out in accordance with the regulations on disciplinary action within the People’s Army and the People’s Police.
– Disciplinary action against individuals who are members of political organizations or socio-political organizations and who commit violations shall be carried out in accordance with the regulations of those organizations.
How will decisions on handling violations of asset and income control be made public according to the new regulations from July 1, 2026?
Based on the provisions of Article 39 of Decree 164/2026/ND-CP, the regulations on publicizing decisions on handling violations of asset and income control from July 1, 2026 are as follows:
(1) Disciplinary decisions against persons who have violated regulations on asset and income control shall be publicly posted at the agency, organization, or unit where the person being disciplined regularly works for 15 days.
In addition to public posting, the competent authority to handle disciplinary matters may choose to also announce it at the Conference of officials, civil servants, employees, and workers of the agency, organization, or unit, or post it on the website of the agency, organization, or unit.
(2) Administrative penalties and criminal prosecution for other violations of asset and income control must be made public in accordance with the law.
