OFFICIALS WORKING IN THE FIELD OF CONSTRUCTION MAY ONLY HOLD MANAGING POSITIONS AFTER RESIGNING FOR AT LEAST 12 TO 24 MONTHS

2023-08-11 14:51:11 1728

Clause 2 of Article 17 of the 2020 Law on Enterprises and Section 4 of Article 62 of the 2023 Cooperative Law stipulate provisions regarding entities that are not authorized to establish and manage enterprises or cooperatives, federations of cooperatives, which includes references to individuals holding positions, and authorities as prescribed by the Anti-Corruption Law and other cases as provided by law.

Furthermore, point d of Clause 2, Article 20 of the Anti-Corruption Law 2018 stipulates: "Individuals holding positions and authorities in agencies, organizations, units are not allowed to establish, hold titles, managerial positions, or operate private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives in fields for which they were previously responsible for managing within a certain period as regulated by the Government."

In order to implement the aforementioned regulations, on August 1, 2023, the Ministry of Construction issued Circular 05/2023/TT-BXD ("Circular 05") specifying the list of fields and the duration for individuals holding positions and authorities who are not permitted 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 they cease their management responsibilities under the jurisdiction of the Ministry of Construction.

No.	List of management areas	Subjects of application	Term
1	Construction planning, architecture	Individuals holding positions and authorities	Within 24 months from the date of resignation from office according to the decision of the competent authority.
2	Construction investment activities
3	Urban development
4	Infrastructure
5	Home, office, and real estate market
6	Building materials
7	Science and technology in the field of construction		Within 12 months from the date of resignation from office according to the decision of the competent authority.
8	Management of enterprises in which the State holds 100% of charter capital
9	Programs, projects, and schemes in the above-mentioned fields	Cadres, civil servants, and public employees shall continue to study, formulate or appraise and approve	The deadline for the completion of the program, project, or scheme.

Accordingly, the restricted period for establishing and operating enterprises will be a full 2 years after leaving office for individuals holding positions and authorities in the management or direct licensing of enterprises. This practice also applies similarly to officials, civil servants, and individuals with positions and authorities in Ministries, departments, and sectors of management, as well as other licensing authorities such as the Ministry of Finance (For detailed information, please refer here) or the Ministry of Labor, Invalids and Social Affairs.

Circular 05 takes effect on September 20, 2023.

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OFFICIALS WORKING IN THE FIELD OF CONSTRUCTION MAY ONLY HOLD MANAGING POSITIONS AFTER RESIGNING FOR AT LEAST 12 TO 24 MONTHS

OFFICIALS WORKING IN THE FIELD OF CONSTRUCTION MAY ONLY HOLD MANAGING POSITIONS AFTER RESIGNING FOR AT LEAST 12 TO 24 MONTHS

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