According to current legal regulations, in certain fields, individuals holding positions of authority are prohibited from establishing, holding titles, or managing private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives (hereinafter collectively referred to as enterprises and cooperatives) in the field they previously managed for a specified period from the date they cease to hold their positions.
Define
People holding positions of authority A person who, by appointment, election, recruitment, contract, or other means, whether salaried or unpaid, is assigned to perform specific duties or functions and has specific powers while performing those duties or functions, including:
a) Officials, civil servants, and public employees;
b) Officers, professional soldiers, workers, and defense employees in agencies and units of the People's Army; professional officers and non-commissioned officers, technical officers and non-commissioned officers, and police workers in agencies and units of the People's Public Security;
c) The representative of the state capital in the enterprise;
d) Persons holding managerial titles or positions in enterprises or organizations;
e) Other persons assigned to perform duties or functions and who have authority while performing those duties or functions.
Job titles and positions in the management and operation of enterprises and cooperatives. as stipulated in the Enterprise Law and the Cooperative Law.
Date of leaving office as decided by the competent authority.
Areas under the management of the Ministry of Labour, Invalids and Social Affairs.
Base:
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS OF THE SOCIALIST REPUBLIC OF VIETNAM
Effective date: From December 29, 2020.
List of positions where individuals holding authority are prohibited from establishing, holding titles, or managing private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives after ceasing to hold their positions:
- Evaluating applications for licenses to operate services for sending Vietnamese workers abroad under contract.
- Evaluating applications for the establishment of colleges and vocational schools; issuing certificates of registration for vocational education activities to vocational education institutions; allocating quotas and funding for vocational education.
- Evaluating dossiers of meritorious individuals; approving and allocating preferential funds for meritorious individuals.
- Assessing and issuing certificates of eligibility for technical safety inspection activities.
- Assessing and issuing work permits for foreigners in Vietnam.
Duration:
The period during which a person holding a position of authority is prohibited from establishing, holding a title, or managing a private enterprise, limited liability company, joint-stock company, partnership, or cooperative after ceasing to hold that position is 02 years (24 months).
Areas under the management of the Ministry of Finance.
Base:
MINISTRY OF FINANCE OF THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness
Effective date: From December 17, 2022.
List of areas in which officials and those in positions of authority are prohibited from establishing, holding managerial or executive positions in businesses or cooperatives within the areas they previously managed after ceasing to hold their positions:
The areas in which individuals holding positions of authority are prohibited from establishing, holding titles, or managing businesses or cooperatives in the same field they were previously responsible for after ceasing to hold their positions include:
1. State management of accounting and auditing.
2. State management of securities and the securities market.
3. State management of insurance.
4. State management of customs.
5. State management of prices.
6. State management of taxes, fees, charges, and other revenues of the state budget.
7. State management of corporate finance and management of state capital in enterprises.
8. State management of national reserves.
9. Managing domestic and foreign borrowing and debt repayment by the Government, public debt, national foreign debt, international aid to Vietnam, and Vietnam's loans and aid to foreign countries.
10. State management of the state budget.
11. State management of public assets.
Duration:
The period during which a person holding a position of authority is prohibited from establishing, holding a title, or managing a business or cooperative in the field they were previously responsible for after ceasing to hold that position.
1. Within a period of 24 months from the date of terminationữ Positions are determined by competent authorities, and those holding such positions...bloatedc) Duties and powers in the fields specified in clauses 1, 2, 3, 4, 5, 6, 7, and 8 above. Not allowed to establish, hold titles, or hold positionssheBusiness management and operation, cooperationác communes belonging to the previous field dâI have a responsibilityshen reason.
2. Within the specified periodannealed Twelve months from the date of termination of office by decision of the competent authority, persons holding positions of authority in the fields specified in clauses 10 and 11 above are not allowed to establish or operate businesses.ữ Titles, positions in business management and administration, and partnerships.ã within the area where I was previously responsibleshen reason.
Individuals working in fields related to the aforementioned regulations should take note to avoid violations regarding the time limit during which officials are prohibited from establishing, holding managerial or executive positions in businesses or cooperatives within the field they previously managed after leaving their positions.