What are the sectors in which persons with certain positions and powers must not hold managerial positions in enterprises in the sectors that the persons were responsible for management after being discharged from holding their positions under the management of the Ministry of Finance of Vietnam?
- What are the sectors in which persons with certain positions and powers must not hold managerial positions in enterprises in the sectors that the persons were responsible for management after being discharged from holding their positions under the management of the Ministry of Finance of Vietnam?
- What is the period over which persons with certain positions and powers must not hold managerial positions in enterprises in the sectors that the persons were responsible for management after being discharged from holding their positions under the management of the Ministry of Finance of Vietnam?
- What are the cases in which an enterprise is established by an entity that is banned from establishing enterprises?
What are the sectors in which persons with certain positions and powers must not hold managerial positions in enterprises in the sectors that the persons were responsible for management after being discharged from holding their positions under the management of the Ministry of Finance of Vietnam?
According to Article 5 of Circular No. 60/2022/TT-BTC stipulating as follows:
List of sectors which persons with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives in the sectors that the persons were responsible for management after being discharged from holding their positions
The sectors which persons with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives in the sectors that the persons were responsible for management after being discharged from holding their positions include:
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, domestic and foreign debt repayment of the Government, public debt, foreign debt of the country and international aid sources for Vietnam, loans and aid from Vietnam to foreign countries.
10. State management of state budget.
11. State management of public property.
Thus, the above is a list of 11 sectors in which persons with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives in the sectors that the persons were responsible for management after being discharged from holding their positions.
What are the sectors in which persons with certain positions and powers must not hold managerial positions in enterprises in the sectors that the persons were responsible for management after being discharged from holding their positions under the management of the Ministry of Finance of Vietnam? (Image from the Internet)
What is the period over which persons with certain positions and powers must not hold managerial positions in enterprises in the sectors that the persons were responsible for management after being discharged from holding their positions under the management of the Ministry of Finance of Vietnam?
Pursuant to the provisions of Article 6 of Circular No. 60/2022/TT-BTC stipulating as follows:
Periods over which persons with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives in the sectors that the persons were responsible for management after being discharged from holding their positions
1. Within 24 months from the date on which the persons have been discharged from holding their positions under the decisions of the competent authorities, the persons with certain positions who have worked in the sectors specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and Clause 9, Article 5 of this Circular must not establish or hold managerial positions in enterprises or cooperatives in the sectors that they were responsible for management.
2. Within 12 months from the date on which the persons have been discharged from holding their positions under the decisions of the competent authorities, the persons with certain positions who have worked in the sectors specified in Clauses 10 and 11, Article 5 of this Circular must not establish or hold managerial positions in enterprises or cooperatives in the sectors that they were responsible for management.
Thus, the periods over which persons with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives in the sectors that the persons were responsible for management after being discharged from holding their positions are specified above.
What are the cases in which an enterprise is established by an entity that is banned from establishing enterprises?
According to Clause 2, Article 75 of Decree No. 01/2021/ND-CP on the procedures for revocation of enterprise registration certificate as follows:
Procedures for revocation of enterprise registration certificate
…
2. In case an enterprise is established by an entity that is banned from establishing enterprises as prescribed in Clause 2 Article 17 of the Law on Enterprises:
a) If the enterprise is a sole proprietorship or single-member limited liability company owned by an individual: The Business Registration Office where the enterprise is registered shall issue a notice of violations and a decision to revoke the enterprise registration certificate.
b) If the enterprise is a multi-member limited liability company, single-member limited liability company owned by an organization, joint-stock company, or partnership: The Business Registration Office where the enterprise is registered shall request the enterprise in writing to replace its member(s) or shareholder(s) that is/are banned from establishing enterprises within 30 days from the date of request. If such member(s) or shareholder(s) is/are not replaced by the aforementioned deadline, the Business Registration Office shall issue a notice of violations and a decision to revoke the enterprise registration certificate.
At the same time, according to the provisions of Clause 2, Article 17 of the 2020 Law on Enterprises of Vietnam, the following organizations and individuals do not have the right to establish and manage enterprises in Vietnam:
- State authorities, People’s armed forces using state-owned assets to establish enterprises to serve their own interests;
- Officials and public employees defined by the Law on Officials and the Law on Public Employees;
- Commissioned officers, non-commissioned officers, career military personnel, military workers and public employees in agencies and units of Vietnam People’s Army; commissioned officers, non-commissioned officers and police workers in police authorities and units, except for those designated and authorized representatives to manage state-owned stakes in enterprises or to manage state-owned enterprises;
- Executive officers and managers of state-owned enterprises prescribed in Point a Clause 1 Article 88 of this Law, except those who are designated as authorized representatives to manage state-owned stakes in other enterprises;
- Minors; people with limited legal capacity; incapacitated people; people having difficulties controlling their behaviors; organizations that are not juridical persons;
- People who are facing criminal prosecution, kept in temporary detention, serving an imprisonment sentence, serving an administrative penalty in a correctional institution or rehabilitation center, has limited legal capacity or is incapacitated, is not able to control his/her own behaviors, is banned by the court from holding certain positions or doing certain works; other cases prescribed by the Law on Bankruptcy and the Anti-corruption Law.
If requested by the business registration authority, the applicant shall submit the judicial records;
- Juridical persons that are banned from business operation or banned from certain fields as prescribed by the Criminal Code.
Circular No. 60/2022/TT-BTC takes effect from November 17, 2022.
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