11 fields ineligible people who resign from managerial positions under the Ministry of Finance of Vietnam

Hello, Lawnet, I would like to answer your questions as follows:

This is the content of Circular 60/2022/TT-BTC dated October 3, 2022 on the list of fields and time limit for persons with positions and powers not to establish, hold managerial positions or positions in operating a private enterprise, limited liability company, joint-stock company, partnership, or cooperative in the fields that they were previously responsible for management after they resigned from their position in the field within the scope of management of the Ministry of Finance of Vietnam.

Persons with positions and powers who have worked in the fields mentioned in Article 5 of Circular 60/2022/TT-BTC may not establish or hold managerial or executive positions in an enterprise or cooperative after retiring from their position within the time limit specified in Article 6 of Circular 60.

A person with position and power is a person who is appointed, elected, recruited, contracted or otherwise, with or without salary, assigned to perform certain tasks or official duties. and have certain powers while performing such tasks and duties, including:

- Officials and civil servants;

- Officers, professional soldiers, workers, and defense officers in agencies and units of the People's Army; officers, professional non-commissioned officers, officers, professional and technical non-commissioned officers, and public security workers in agencies and units of the People's Public Security;

- The representative of the state capital share in the enterprise;

- Persons holding managerial titles and positions in enterprises or organizations;

- Other people assigned to perform tasks or official duties and have powers while performing such tasks or official duties.

The titles and positions of management and administration of enterprises and cooperatives shall comply with the provisions of the Law on Enterprises and the Law on Cooperatives.

List of fields in which a person holding a position or authority may not establish or hold a managerial or executive position in an enterprise or cooperative in the fields he or she was responsible for managing after resigning from his/her position service

The fields in which a person holding a position or authority is not allowed to establish or hold a managerial or executive position in an enterprise or cooperative in the fields they were previously responsible for management after quitting their position include:

- State management of accounting and auditing.

- State management of securities and securities markets.

- State management of insurance.

- State management of customs.

- State management of prices.

- State management of taxes, fees, charges, and other state budget revenues

- State management of corporate finance and management of state capital in enterprises.

- State management of national reserves.

- Management of domestic and foreign debt and debt repayment of the government, workers, foreign debts of the country, international aid sources for Vietnam, and loans and aid sources of Vietnam to foreign countries.

- State management of the state budget.

- State management of public property.

Time limit for a person with a position and power not to establish or hold a managerial or executive position in an enterprise or cooperative in the fields he was previously responsible for management after he or she resigns from such position.

Within 24 months from the date of resignation, according to the decision of the competent authority, the person holding the position and power to work in the fields specified in Clauses 1, 2, 3, 4, 5 , 6, 7, 8 and Clause 2, Article 5 of Circular 60 is not allowed to establish or hold managerial or administrative positions in enterprises or cooperatives in the fields they were previously responsible for management.

Within a full 12 months from the date of resignation from the position as decided by the competent authority, the person holding the position and power to work in the fields specified in Clauses 10 and 11 of Article 5 of Circular 60 may not establish, hold titles, or positions of management or administration of enterprises or cooperatives in the fields they were previously responsible for management.

Circular 60/2022/TT-BTC takes effect from November 17, 2022.

Best regards!

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