Circular 60/2022/TT-BTC listing the fields and time limit for holding positions not to establish or run an enterprise

CIRCULARS

PROVISIONS LIST OF FIELDS AND TERMS OF PERSONS WITH POSITION AND AUTHORITY MAY NOT ESTABLISH, KEEP POINTS, MANAGEMENT POSITION, MANAGER, OPERATE THE PRIVATE ENTERPRISE, COMPANY, COMPANY, COMPANY PARTNERSHIP AND COOPERATED COOPERATIONS BEING RESPONSIBLE FOR MANAGEMENT AFTER CLEANING OFFICES IN THE FIELD OF MANAGEMENT OF THE MINISTRY OF FINANCE

Pursuant to the November 20, 11 Law on Anti-corruption;

Pursuant to Decree No. 59/2019/ND-CP dated July 01, 7 of the Government detailing a number of articles and measures to implement the Law on Anti-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;

At the proposal of the Director of the Legal Department;

The Minister of Finance promulgates a Circular stipulating the list of fields and the time limit for persons with positions and powers not to establish or hold managerial or executive positions in private enterprises or liability companies. limited liability companies, joint-stock companies, partnerships and cooperatives in the fields they were previously responsible for management after resigning from their positions in the fields under the management of the Ministry of Finance.

Article 1. Scope

This Circular stipulates the list of fields and the time limit for persons with positions and powers not to establish, hold titles or positions of management and administration of private enterprises, limited liability companies, and public companies. shares, partnerships, cooperatives (hereinafter collectively referred to as enterprises and cooperatives) in the fields under the management of the Ministry of Finance after retiring from holding positions in the fields under the management of the Ministry of Finance.

Article 2. Subject of application

This Circular applies to people with positions and powers who have worked at units under the Ministry of Finance; agencies and units managing people with positions and powers under the Ministry of Finance and other relevant agencies, organizations and individuals.

Article 3. Code of Conduct

1. Persons with positions and powers who have worked in the fields mentioned in Article 5 of this Circular, after resigning from their positions, may not establish or hold positions of management or administration of an enterprise, cooperatives within the time limit specified in Article 6 of this Circular.

2. Persons with positions and powers are those specified in Clause 2, Article 3 of the Law on Anti-corruption.

3. The titles and positions of management and administration of enterprises and cooperatives as prescribed in the Law on Enterprises and the Law on Cooperatives.

Article 4. Implementation principles

The implementation of regulations on time limit for persons with positions and powers who are not allowed to establish or hold managerial or executive positions in enterprises or cooperatives in the fields they were responsible for managing before when resigning from office, comply with the provisions of the Law on Anti-corruption; Law on Cadres and Civil servants; Law on Officials; Law amending and supplementing a number of articles of the Law on Cadres and Civil servants and the Law on Public Employees; Enterprise Law; Law on Cooperatives and related legal documents.

Article 5. List of fields in which a person with positions and powers may not establish or hold managerial or executive positions in enterprises or cooperatives in the fields they were previously responsible for management after resign from office

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.

Article 6. Time limit for persons with positions and powers not to establish or hold managerial or executive positions in enterprises or cooperatives in the fields they were previously responsible for management after resigning from their positions. service

1. Within 24 months from the date of resignation from the position of the competent authority, the person holding the position and authority shall work in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and Clause 9, Article 5 of this Circular may not establish or hold managerial or managerial positions in enterprises or cooperatives in the fields they were previously responsible for management.

2. Within full 12 months from the date of resignation from the position as decided by the competent authority, the person holding the position and power to work in the fields specified in Clauses 10 and 11, Article 5 of this Circular may not establish or hold managerial or executive positions in enterprises or cooperatives in the fields they were previously responsible for management.

Article 7. Enforcement

This Circular takes effect from the date of April 30, 2012, 17 year.

Article 8. Responsible for implementing

1. Inspector of the Ministry of Finance shall assume the prime responsibility for, and coordinate with relevant units in, monitoring, inspecting and urging units to implement this Circular.

2. In the course of implementation, if any problems arise, agencies and units shall promptly report them to the Ministry of Finance for study and settlement./.