| THE FINANCIAL | SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| Number: 60 / 2022 / TT-BTC | Hanoi, date 03 month 10 year 2022 |
CIRCULARS
REGULATIONS ON THE LIST OF AREAS AND TIME LIMITS WHERE PERSONS HOLDING POSITIONS AND AUTHORITY ARE PROHIBITED FROM ESTABLISHING, HOLDING MANAGEMENT POSITIONS, OR ADMINISTERING PRIVATE ENTERPRISES, LIMITED LIABILITY COMPANIES, JOINT STOCK COMPANIES, PARTNERSHIPS, AND COOPERATIVES IN THE FIELD THEY PREVIOUSLY HAD RESPONSIBILITY FOR MANAGEMENT AFTER CEASING TO HOLD THEIR POSITIONS IN AREAS UNDER THE MANAGEMENT OF THE MINISTRY OF FINANCE
Based on the Law on Prevention and Combat of Corruption dated November 20, 2018;
Based on Decree No. 59/2019/ND-CP dated July 1, 2019 of the Government detailing a number of articles and measures for the implementation of the Law on Prevention and Combat of Corruption;
Pursuant to the Decree No. 87 / 2017 / ND-CP dated 26 / 7 / 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
As requested by the Director of the Legal Department;
The Minister of Finance issued a Circular stipulating the list of areas and time limits for which officials are prohibited from establishing, holding managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives in the areas they previously managed after ceasing to hold positions within the purview of the Ministry of Finance.
Article 1. Scope
This circular stipulates the list of areas and time limits for which persons holding positions of authority are prohibited from establishing, holding managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives. (hereinafter collectively referred to as enterprises and cooperatives) within the field I was previously responsible for managing after ceasing to hold a position in a field under the purview of the Ministry of Finance.
Article 2. Subject of application
This Circular applies to persons holding positions of authority who have worked at units under the Ministry of Finance; agencies and units managing persons holding positions of authority under the Ministry of Finance; and other relevant agencies, organizations, and individuals.
Article 3. Code of Conduct
1. Persons holding positions of authority with a period of service in the fields mentioned in Article 5 of this Circular are prohibited from establishing or holding managerial or executive positions in enterprises or cooperatives within the time limit stipulated in Article 6 of this Circular after leaving their positions.
2. Persons holding positions of authority are those as defined in Clause 2, Article 3 of the Law on Prevention and Combat of Corruption.
3. Titles and positions for management and operation of enterprises and cooperatives as stipulated in the Enterprise Law and the Cooperative Law.
Article 4. Principles of Implementation
The implementation of regulations regarding the time limit for individuals holding positions of authority to establish, hold managerial or executive positions in enterprises or cooperatives in the field they previously managed after ceasing to hold their positions shall comply with the provisions of the Law on Prevention and Combat of Corruption; the Law on Cadres and Civil Servants; the Law on Public Employees; the Law amending and supplementing certain articles of the Law on Cadres and Civil Servants and the Law on Public Employees; the Law on Enterprises; the Law on Cooperatives; and other relevant legal documents.
Article 5. List of areas in which persons holding positions of authority are prohibited from establishing, holding titles, or managing and operating enterprises or cooperatives in the areas they were previously responsible for 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.
Article 6. The period during which persons holding positions of authority are prohibited from establishing, holding titles, or managing and operating enterprises or cooperatives in the field they were previously responsible for after ceasing to hold their positions.
1. Within a period of 24 months from the date of termination of office as decided by the competent authority, persons holding positions of authority in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9 of Article 5 of this Circular are not allowed to establish, hold titles or positions of management or operation of enterprises or cooperatives in the fields they were previously responsible for managing.
2. Within a period of 12 months from the date of termination of office as decided by the competent authority, persons holding positions of authority in the fields specified in Clauses 10 and 11 of Article 5 of this Circular are not allowed to establish, hold titles, or manage or operate enterprises or cooperatives in the fields they were previously responsible for managing.
Article 7. Enforcement
This Circular takes effect from the date of April 30, 2012, 17 year.
Article 8. Responsible for implementing
1. The Inspectorate of the Ministry of Finance shall preside over and coordinate with relevant units to monitor, inspect, and urge units to implement this Circular.
2. During the implementation process, if any difficulties arise, agencies and units should promptly report them to the Ministry of Finance for consideration and resolution.