Author: Thu Trang Ngo
Ngo, Thu Trang, 2019 Asset declaration system in Vietnam: lessons for other countries, Flinders University, College of Business, Government and Law
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A well-designed and structured asset declaration system contributes to preventing and detecting corruption effectively and eventually leads to successful conviction of corruption-related offences. There is no single best practice design for asset declaration within every context. Some previous research suggests some recommendations to establish an asset declaration system but no one study has explained the principal reasons for the ineffectiveness of asset declaration systems. This study aims to analyze the relevant guideline of the United Nations Convention Against Corruption and good practices of Hong Kong, Indonesia's asset declaration system to assess whether the system of Vietnam is operating effectively or ineffectively. Using primary data, including anti-corruption reports of the Vietnamese Government, as well as secondary studies of corruption and asset declarations, this study argues that the ineffectiveness of Vietnam's current system could be mainly derived from the limitations of the legal framework regarding the scope and coverage of the system, the verification process, public access and sanctions for non-compliance. Other factors such as weak political will, technology and capacity of employees working in enforcement and compliance also affect the success of legal framework and the effectiveness of asset declaration system as well. Several implications could be raised in this research. Firstly, the determined political will underlying anti-corruption policy is identified obviously such as the reform of relevant legal framework, the development of organizational structure and human resources of anti-corruption agencies. Secondly, the limitations of legal framework are addressed comprehensively through scrutinizing who should be obliged to declare income and assets, what information should be declared, how should asset declaration be verified, which information should be opened to public access, which are sanctions for non-compliance. Thirdly, the development of e-system and capacity of human resources are considered to improve the quality of verification, public access and enforcement under the asset declaration system.
Keywords: anti-corruption, asset declaration, Vietnam, lessons for other countries, HongKong, Indonesia, illicit enrichment, conflict of interest
Subject: Policy and Administration thesis
Thesis type: Masters
Completed: 2019
School: College of Business, Government and Law
Supervisor: Joshua Newman