Circular 12/2024/TT-BKHDT fields and periods during which the persons with positions and powers are not allowed to hold managerial or executive titles in private enterprises after resignation

CIRCULAR

Providing the List of fields and periods during which the persons with positions and powers under the Ministry of Planning and Investment’s management are not allowed to establish, or hold managerial or executive titles or positions in, private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, cooperative unions after resignation

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Pursuant to the Anti-Corruption Law dated November 20, 2018;

Pursuant to the Government's Decree No. 59/2019/ND-CP dated July 01, 2019 detailing a number of articles of, and measures to implement, the Anti-Corruption Law and the Government's Decree No. 134/2021/ND-CP dated December 30, 2021 amending and supplementing a number of articles of the Government's Decree No. 59/2019/ND-CP dated July 01, 2019 detailing a number of articles of, and measures to implement, the Anti-Corruption Law;

Pursuant to the Government's Decree No. 89/2022/ND-CP dated October 28, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the proposal of the Director General of the Department of Personnel and Organization;

The Minister of Planning and Investment promulgates the Circular providing the List of fields and periods during which the persons with positions and powers under the Ministry of Planning and Investment’s management are not allowed to establish, or hold managerial or executive titles or positions in, private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, cooperative unions after resignation.

Article 1. Scope of regulation

This Circular provides the List of fields and periods during which the persons with positions and powers under the Ministry of Planning and Investment’s management are not allowed to establish, or hold managerial or executive titles or positions in, private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, cooperative unions after resignation.

Article 2. Subjects of application

This Circular applies to persons with positions and powers after they resign position in the state sector under the management of the Ministry of Planning and Investment and other agencies, organizations and individuals involved in the anti-corruption work.

Article 3. Interpretation of terms

1. Persons with positions and powers are persons specified in Clause 2, Article 3 of the Anti-Corruption Law.

2. Holders of managerial or executive titles or positions in, private enterprises, limited liability companies, joint-stock companies, partnerships are enterprise managers under Clause 24, Article 4 of the Law on Enterprises.

3. Holders of managerial or executive titles or positions in, cooperatives and cooperative unions shall be determined in accordance with Articles 56, 65, 67, 68 and 69 of the Law on Cooperatives.

Article 4. Implementation principles

The implementation of the period during which the persons with positions and powers are not allowed to establish, hold managerial and executive positions of enterprises, cooperatives or cooperative unions in the fields under their management after resigning position shall comply with the Anti-Corruption Law; Law on Cadres and Civil Servants; Law on Public Employees; Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees; Law on Enterprises; Law on Cooperatives and relevant legal documents.

Article 5. List of fields in which the persons with positions and powers are not allowed to establish, or hold managerial or executive titles or positions in, private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, cooperative unions after resigning position

List of fields in which the persons with positions and powers are not allowed to establish, or hold managerial or executive titles or positions in, private enterprises, limited liability companies, joint-stock companies, partnerships cooperatives, cooperative unions in the fields under their management after resigning position, including:

1. State management on offshore investment.

2. State management on investment promotion.

3. State management on project appraisal.

4. State management on bidding.

5. State management on the formulation, allocation and management of capital plans.

6. State management on planning.

7. State management on industrial parks - export processing zones - economic zones.

8. State management on enterprise development and business registration.

9. State management on ODA, concessional loans and non-refundable aid not belonging to Vietnam's official development assistance and aid to other countries.

10. State management on cooperatives, cooperative unions, collective economy, cooperative economy.

11. State management on statistics.

12. Programs, projects and schemes studied, formulated or appraised and approved by incumbent cadres, civil servants or public employees who no longer hold positions in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.

Article 6. Periods during which the persons with positions and powers are not allowed to establish, or hold managerial or executive titles or positions in, private enterprises, limited liability companies, joint-stock companies, partnerships cooperatives, cooperative unions after resigning position

1. Within 24 months from the date of resigning the position or power according to the decision of the competent authority, a person holding a position or power working in the fields specified from Clause 1 to Clause 11 of Article 5 shall not be allowed to establish, hold a title or position of management or operation of a private enterprise, limited liability company, joint stock company, partnership, cooperative or cooperative union in the field he/she was previously responsible for managing.

2. The duration for which a cadre, civil servant or public employee who resigns a position while directly researching, developing or appraising and approving a program, project or scheme as prescribed in Clause 12, Article 5 is not allowed to establish, hold a title or position of management or operation of a private enterprise, limited liability company, joint stock company, partnership company, cooperative or cooperative union, is the period for completion of the program, project or scheme.

Article 7. Implementation provisions

1. This Circular takes effect on August 16, 2024.

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

3. Any difficulties arising in the course of implementation should be reported to the Ministry of Planning and Investment for consideration and guidance./.