On March 27, 2024, the Ministry of Agriculture and Rural Development ("the Ministry of Agriculture") issued Circular 02/2024/TT-BNNPTNT ("Circular 02"), which regulates the list of fields and the duration for individuals holding positions, authorities that are not allowed to establish, hold titles, managerial positions, or operate private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives (hereinafter collectively referred to as "enterprises") after stepping down from their positions in the fields under the management scope of the Ministry of Agriculture and Rural Development, specifically as follows:
+ The Ministry of Agriculture applies a general timeframe of 12 months from the date of resignation for all officials and civil servants under the Ministry of Agriculture, regardless of the profession or management field.
+ For individuals holding positions or authorities in programs, projects, or initiatives under the Ministry of Agriculture, the duration of not participating in the establishment or management of enterprises is the duration of completing the program, project, or initiative.
It can be seen that this regulation by the Ministry of Agriculture is less restrictive compared to other ministries managing different fields such as finance [1], construction [2], or banking [3] (all requiring positions or fields to have at least 24 months before individuals holding positions or authorities can participate in establishing, holding titles, managerial positions, or operating enterprises).
Furthermore, Circular 02 also clarifies that stepping down from the position is the process of handling resignation/disciplinary actions through forced resignation, retirement, or transfer. Accordingly, the restricted duration of participating in enterprise management rights will be calculated from the date of the events mentioned above.
Circular 02 takes effect from May 20, 2024.
[1] Detailed content has been updated by ATA Legal Services in the article: https://ata-legal.com/financial-cadres-and-officers-are-only-eligible-for-management-positions-in-enterprises-after-resigning-at-least-12-to-24-months
[2] Detailed content has been updated by ATA Legal Services in the article: https://ata-legal.com/officials-working-in-the-field-of-construction-may-only-hold-managing-positions-after-resigning-for-at-least-12-to-24-months
[3] Detailed content has been updated by ATA Legal Services in the article: https://ata-legal.com/officers-and-civil-servants-at-the-state-bank-of-vietnam-leaving-their-position-shall-need-the-waiting-period-before-officially-joining-enterprises
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