Decree No. 102/2007/ND-CP dated June 14, 2007 of the Governmnent specifying periods during which cadres, civil servants and employees may not do business in the domains under their previous management

DECREE

SPECIFYING PERIODS DURING WHICH CADRES, CIVIL SERVANTS AND EMPLOYEES MAY NOT DO BUSINESS IN THE DOMAINS UNDER THEIR PREVIOUS MANAGEMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2005 Law on Corruption Prevention and Fighting;

Pursuant to the February 26, 1998 Ordinance on Officials and Public Employees, the April 28, 2000 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Officials and Public Employees, and the April 29, 2003 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Officials and Public Employees;

At the proposal of the Minister of Home Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope and subjects of application

1. This Decree specifies periods during which state cadres, civil servants and employees may not do business after they no longer hold their posts in state agencies or non-business units; and defines responsibilities of agencies and individuals in the management and grant of business registration certificates, business licenses or practice certificates (below collectively referred to as business registration certificates) and the handling of violations.

2. This Decree applies to cadres, civil servants and employees who no longer hold their posts under competent agencies', organizations' or units' decisions to allow them to discontinue their jobs or discipline them in the form of dismissal, retirement or transfer from state agencies or non-business units, including:

a/ Cadres, civil servants and employees defined in Clause 1, Article 1 of the April 29, 2003 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Officials and Public Employees;

b/ Cadres, civil servants and employees who are seconded to work in state economic organizations, social organizations or socio-political organizations.

The subjects defined in Clause 2 of this Article are below collectively referred to as persons who no longer hold their posts.

Article 2.- Objectives of the specification of business-ineligible periods

The specification of periods during which persons who no longer hold their posts may not do business in the domains under their previous management aims to prevent these persons from abusing their tasks or powers in the domains under their previous management assigned by competent agencies, organizations or units to seek benefits for themselves and their families, thus causing loss of state property or harming the lawful interests of other organizations or individuals.

Article 3.- Interpretation of terms

In this Decree, the terms below are construed as follows:

1. "Business ineligibility" means that persons who no longer hold their posts may neither set up nor participate in setting up, managing or administering private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, private hospitals, private schools or private scientific research organizations in the domains specified in Article 4 of this Decree.

2. "Persons who no longer hold their posts" are those who, when working as cadres, civil servants or employees, were assigned the study, formulation, verification or evaluation tasks, or signed or promulgated approval or management decisions or granted business registration certificates in one of the domains specified in Article 4 of this Decree according to law, and who are now subject to competent agencies', organizations' or units' decisions to allow them to discontinue their jobs or discipline them in the form of dismissal, retirement, or transfer from state agencies or non-business units.

3. "Business-ineligible period" is a period from the time a person who no longer holds his/her post receives a competent agency's, organization's or unit's decision to allow his/her to discontinue his/her job or discipline him/her in the form of dismissal, retirement or transfer from a state agency or non-business unit to the time of expiration of the period set for each domain specified in Article 5 of this Decree.

Chapter II

DOMAINS IN WHICH BUSINESS-INELIGIBLE PERIODS ARE SPECIFIED

Article 4.- Domains in which business-ineligible periods are specified

Domains under the previous management of persons who no longer hold their posts defined in Clause 2, Article 1 of this Decree in which business-ineligible periods are specified fall into the following groups:

1. Group 1, covering the domains under the management of the following ministries and branches:

a/ The Ministry of Planning and Investment;

b/ The Ministry of Finance;

c/ The Ministry of Trade;

d/ The Ministry of Justice;

e/ The State Bank of Vietnam.

2. Group 2, covering the domains under the management of the following ministries and branches:

a/ The Ministry of Post and Telematics;

b/ The Ministry of Industry;

c/ The Ministry of Transport;

d/ The Ministry of Labor, War Invalids and Social Affairs;

e/ The Ministry of Agriculture and Rural Development;

f/ The Ministry of Natural Resources and Environment;

g/ The Ministry of Fisheries;

h/ The Ministry of Construction;

i/ The Vietnam National Administration of Tourism.

3. Group 3, covering the domains under the management of the following ministries and branches:

a/ The Ministry of Education and Training;

b/ The Ministry of Science and Technology;

c/ The Ministry of Culture and Information;

d/ The Ministry of Health;

e/ The Committee for Physical Training and Sports;

f/ The Vietnam Social Insurance.

4. Group 4, including programs and projects which were studied, formulated, evaluated or approved directly by persons who no longer hold their posts when they worked as cadres, civil servants or employees.

The Minister of Home Affairs shall assume the prime responsibility for, and coordinate with other ministers and heads of agencies in, specifying lists of domains defined in this Article for persons who no longer hold their posts.

Article 5.- Business-ineligible periods

Business-ineligible periods for persons who no longer hold their posts in the domains specified in Article 4 of this Decree are prescribed as follows:

1. Between 12 and 24 months, for group 1, covering the domains specified in Clause 1, Article 4 of this Decree;

2. Between 12 and 18 months, for group 2, covering the domains specified in Clause 2, Article 4 of this Decree;

3. Between 6 and 12 months, for group 3, covering the domains specified in Clause 3, Article 4 of this Decree;

4. For group 4, covering the domains specified in Clause 4, Article 4 of this Decree, the business-ineligible period is the duration for completion of a program or project. For a program or project with an execution duration of over 5 years, such period is counted from the time a person who no longer holds his/her post receives the competent agency's decision to allow him/her to discontinue his/her job or discipline him/her in the form of dismissal, retirement or transfer from a state agency or non-business unit to the time that program or project has been executed for at least 36 months.

The Minister of Home Affairs shall assume the prime responsibility for, and coordinate with other ministers and heads of agencies in specifying business-ineligible periods for persons who no longer hold their posts for the groups specified in this Article.

Chapter III

RESPONSIBILITIES OF AGENCIES COMPETENT TO GRANT BUSINESS REGISTRATION CERTIFICATES AND OF PERSONS WHO NO LONGER HOLD THEIR POSTS

Article 6.- Responsibilities of agencies competent to grant business registration certificates

1. Agencies competent to grant business registration certificates shall grant licenses to persons who no longer hold their posts under Articles 4 and 5 of this Decree and the provisions of law.

2. Agencies competent to grant business registration certificates shall refuse to grant licenses to persons who no longer hold their posts who violate the provisions regarding business-ineligible domains and periods specified in Articles 4 and 5 of this Decree.

3. Agencies competent to grant business registration certificates shall revoke business registration certificates if detecting that persons who no longer hold their posts are licensed in business domains or within business-ineligible periods in contravention of this Decree.

Article 7.- Responsibilities of persons who no longer hold their posts

1. Persons who no longer hold their posts in the domains specified in Article 4 of this Decree may do business only after the expiration of the periods specified in Article 5 of this Decree.

2. When a grantee of business registration certificate detects that business domains and periods are incompliant with this Decree, he/she shall promptly report thereon to the agency competent to grant business registration certificates for inspection and handling in accordance with law.

Chapter IV

HANDLING OF VIOLATIONS

Article 8.- For agencies competent to grant business registration certificates

Grantors of business registration certificates that violate the provisions of this Decree or relevant legal documents shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability according to law.

Article 9.- For persons who no longer hold their posts

Persons who no longer hold their posts who violate the provisions of this Decree or relevant legal documents shall, depending on the nature and severity of their violations, be handled according to law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 10.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO."

Article 11.- Responsibility to guide implementation

1. The Minister of Home Affairs shall assume the prime responsibility for, and coordinate with other ministers, heads of ministerial-level agencies and heads of government-attached agencies in, guiding the implementation of this Decree.

2. Heads of other state agencies (the State President's Office, the National Assembly Office, the Office of the Central Anti-Corruption Steering Committee, the State Audit, People's Courts and People's Procuracies at all levels, Military Courts and Military Procuracies at all levels) shall guide and inspect the implementation of this Decree at agencies and units under their management.

3. Competent agencies of political organizations shall, based on the provisions of this Decree and specific lists of domains in which business-ineligible periods are specified, guide the application of this Decree to persons who no longer hold their posts in political organizations or socio-political organizations.

Article 12.- Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People's Committees, state non-business units, and concerned agencies, organizations and individuals shall implement this Decree