CIRCULARS
AMENDING AND SUPPLEMENTING ARTICLE 5 OF CIRCULAR NO. 32/2026/TT-BKHCN DATED JUNE 11, 2026 OF THE MINISTER OF SCIENCE AND TECHNOLOGY REGULATING THE LIST OF AREAS AND TERMS WHERE PERSONS HOLDING POSITIONS AND AUTHORITY ARE PROHIBITED FROM ESTABLISHING, HOLDING MANAGEMENT POSITIONS, OR ADMINISTRATIVE POSITIONS IN PRIVATE ENTERPRISES, LIMITED LIABILITY COMPANIES, JOINT STOCK COMPANIES, PARTNERSHIPS, AND COOPERATIVES AFTER CEASING TO HOLD THEIR POSITIONS. THIS CASE FALLS UNDER THE JURISDICTION OF THE MINISTRY OF SCIENCE AND TECHNOLOGY
Based on the Law on Prevention and Combat of Corruption No. 36/2018/QH14, amended and supplemented by Law No. 59/2020/QH14, Law No. 81/2025/QH15 and Law No. 132/2025/QH15;
Based on Government Decree No. 59/2019/ND-CP detailing a number of articles and measures for the implementation of the Law on Prevention and Combat of Corruption, as amended and supplemented by Decree No. 134/2021/ND-CP and Decree No. 184/2026/ND-CP;
Based on Government Decree No. 225/2026/ND-CP stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;
As requested by the Director of the Department of Organization and Personnel;
The Minister of Science and Technology issued a Circular amending and supplementing Article 5 of Circular No. 32/2026/TT-BKHCN dated June 11, 2026, of the Minister of Science and Technology, which stipulates the list of fields and time limits for which persons holding positions of authority are prohibited from establishing, holding titles, or managing and operating private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing to hold positions under the management of the Ministry of Science and Technology.
Article 1. Amendments and additions to Article 5
Article 5. The period during which persons holding positions and authority in the fields under the management of the Ministry of Science and Technology, after ceasing to hold such positions and authority, are prohibited from establishing, holding titles, or managing and operating enterprises or cooperatives in the fields they were previously responsible for managing.
1. For individuals not holding leadership or management positions, the period during which they are prohibited from establishing, holding management or executive positions in enterprises or cooperatives in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of Article 4 of this Circular is six months from the date of relinquishing their authority as decided by the competent authority.
2. For individuals holding leadership and management positions, the period during which they are prohibited from establishing, holding management or executive positions in enterprises or cooperatives in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of Article 4 of this Circular is 12 months from the date of termination of their position as decided by the competent authority.
3. For individuals who cease to hold positions of authority while serving as officials, civil servants, or public employees directly involved in researching, developing, or evaluating and approving programs, tasks, schemes, and projects as stipulated in Clause 15, Article 4 of this Circular, the period during which they are prohibited from establishing or holding managerial or executive positions in enterprises or cooperatives is the period during which the program, task, scheme, or project is completed.”
Article 2. Terms enforcement
1. This Circular shall take effect from the date of signing and issuance.
2. The People's Committees of provinces and centrally-administered cities, and relevant agencies, units, organizations, and individuals are responsible for implementing this Circular.
3. During the implementation process, if any difficulties or obstacles arise, the People's Committees of provinces and centrally-administered cities, agencies, organizations, and individuals shall report them in writing to the Ministry of Science and Technology for guidance or consideration and resolution.