According to current regulations, in a number of fields, persons with positions and powers are not allowed to establish, hold titles or positions of management, to operate private enterprises, limited liability companies, and public companies. shares, partnerships, cooperatives (hereinafter collectively referred to as enterprises and cooperatives) in the fields they were previously responsible for managing for a specified period from the date of resignation from their positions.
1. Persons with positions and powers are understood as:
Person with position and power is a person who is appointed, elected, recruited, contracted or otherwise, with or without salary, assigned to perform certain tasks or official duties. and have certain powers while performing such tasks and duties, including:
a) Cadres, civil servants and public employees;
b) Officers, professional soldiers, defense workers and public employees in agencies and units of the People's Army; officers, professional non-commissioned officers, officers, professional and technical non-commissioned officers, public security workers in agencies and units of the People's Public Security;
c) The representative of the state capital share in the enterprise;
d) Persons holding managerial titles or positions in enterprises or organizations;
d) Other persons assigned to perform tasks or official duties and have powers while performing such tasks or official duties.
2. The titles and positions of management and administration of enterprises and cooperatives are understood as:
The titles and positions of management and administration of enterprises and cooperatives shall comply with the provisions of the Law on Enterprises and the Law on Cooperatives.
3. The date of resignation from office is understood as:
The date of resignation from office shall be decided by the competent authority.
Areas under the management of the Labor - Invalids and Social Affairs sector
Base:
Decision 1615/QD-LDTBXH on the list of fields and time limit for persons holding positions in the Labor, War Invalids and Social Affairs sector not to establish or run enterprises
Date of issue: December 29, 12 Effective date: December 2020, 29 Document type: Decision Status: Still in effect
Application period: From December 29, 12
List of positions where persons with positions of authority are not allowed to establish, hold managerial or executive positions in private enterprises, limited liability companies, joint stock companies, partnerships, and partnerships. Co-operative after retiring from office:
- Appraisal of the application for a license to operate the service of sending Vietnamese workers to work abroad under the contract.
- Appraisal of dossiers of establishment of colleges and intermediate schools; issue certificates of registration of vocational education activities to vocational education institutions; allocation of targets and funding for vocational education.
- Appraisal of people with meritorious services; approving and allocating preferential funds to people with meritorious services.
- Appraise and issue certificates of eligibility for technical safety inspection activities.
- Appraisal and grant of work permits to foreigners in Vietnam.
Duration:
The period during which a person with a position of authority is not allowed to establish, hold a managerial or executive position in a private enterprise, limited liability company, joint-stock company, partnership or cooperative after retiring from office as 02 years (full 24 months).
Fields under the management of the Ministry of Finance
Base:
Circular 60/2022/TT-BTC listing the fields and time limit for holding positions not to establish or run an enterprise
Date of issue: October 03, 10 Effective date: November 2022, 17 Document type: Circular Status: Still in effect
Application period: From December 17, 11
List of fields in which a person holding a position or authority may not establish or hold a managerial or executive position in an enterprise or cooperative in the fields he or she was responsible for managing after resigning from his/her position service:
The fields in which a person holding a position or authority is not allowed to establish or hold a managerial or executive position in an enterprise or cooperative in the fields they were previously responsible for management after quitting their position include including:
1. State management of accounting and auditing.
2. State management of securities and 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 state budget revenues.
7. State management of corporate finance and management of State capital in enterprises.
8. State management of national reserves.
9. Management of borrowing and repayment of domestic and foreign debts of the Government, public debts and foreign debts of the country and international aid sources for Vietnam and loans and aid from Vietnam to foreign countries.
10. State management of the state budget.
11. State management of public property.
Duration:
Time limit for a person with a position and power not to establish or hold a managerial or executive position in an enterprise or cooperative in the fields he was previously responsible for management after he or she resigns from such position.
1. Within 24 months from the date of terminationữ position under the decision of the competent authoritystasisduties and powers in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 above not be established or hold a title or positionshemanagement, business administration, cooperationácommunes in the previous fieldây i have a responsibilityshen management.
2. Within the time limit forannealed 12 months from the date of resignation under the decision of the competent authority, persons holding positions and working powers in the fields specified in Clauses 10 and 11 of this Article may not establish,ữ titles, positions of management, business administration, cooperationã in the field where I was previously responsibleshen management.
Individuals working in the fields related to the above provisions should pay attention to avoid violations of the time limit for persons with positions and powers not to establish, hold positions, manage managerial positions, or conduct administrative tasks. operating enterprises or cooperatives in the fields they were previously responsible for management after they ceased to hold their positions.
