List of 9 fields that people in positions are not allowed to establish enterprises after leaving their positions under the Ministry of Construction of Vietnam
What fields are on the list of fields that people in positions are not allowed to establish enterprises after leaving their positions under the Ministry of Construction of Vietnam? - Ms. Oanh (Ha Noi).
List of 9 fields that people in positions are not allowed to establish enterprises after leaving their positions under the Ministry of Construction of Vietnam
On 01/8/2023, the Ministry of Construction issued the Circular 05/2023/TT-BXD on list of sectors and periods over which persons with certain positions and powers must not establish or hold managerial titles or positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives after being discharged from holding their positions under management of the Ministry of Construction.
The Circular 05/2023/TT-BXD applies to persons with certain positions and powers after being discharged from holding their positions in agencies, organizations and units in the public sector under management of the Ministry of Construction and other relevant agencies, organizations and individuals.
List of 9 fields that people in positions are not allowed to establish enterprises after leaving their positions under the Ministry of Construction of Vietnam
1. Construction planning, architecture.
2. Construction investment.
3. Urban development.
4. Infrastructure.
5. Houses, offices and real estate market.
6. Building materials.
7. Science and technology in construction.
8. Management of wholly state-owned enterprises.
9. Programs, projects and schemes in the sectors prescribed in clauses 1, 2, 3, 4, 5, 6, 7 of the Circular 05/2023/TT-BXD.
What is the time limit for people in positions not to establish businesses after leaving their positions under the Ministry of Construction of Vietnam?
Pursuant to Article 5 of the Circular 05/2023/TT-BXD stipulating the time limit for people in positions not to establish businesses after leaving their positions under the Ministry of Construction of Vietnam as follows:
Periods over which persons with certain positions and powers must not establish or hold managerial titles or positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives 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 and 6 Article 4 of this Circular must not establish or hold managerial positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships 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 7 and 8 Article 4 of this Circular must not establish or hold managerial positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships in the sectors that they were responsible for management.
3. Periods over which persons with certain positions and powers must not establish or hold managerial titles or positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives after being discharged from holding their positions of officials and public employees directly studying, formulating or assessing and approving programs, projects and schemes prescribed in Clause 9 Article 4 of this Circular are time limits for completion of such programs, projects and schemes.
Therefore, the period of time for people in positions not to establish businesses or companies after leaving their positions is as follows:
- 24 months from the date of leaving the position for those who have worked in the following fields, according to the decision of the competent authority:
+ Urban planning and architecture
+ Investment activities in construction
+ Urban development
+ Technical infrastructure
+ Housing, offices, and real estate markets
+ Construction materials
- 12 months from the date of leaving the position for those who have worked in the following fields, according to the decision of the competent authority:
+ Science and technology in the field of construction
+ Management of enterprises with 100% state capital
- The period of time to complete the program, project, or proposal for the field specified in Clauses 1, 2, 3, 4, 5, 6, 7, Article 4 of Circular 05/2023/TT-BXD.
When shall the Circular 05/2023/TT-BXD take effect?
Pursuant to Article 6 of the Circular 05/2023/TT-BXD stipulating as follows:
Implementation Clauses
1. This Circular takes effect on September 20, 2023.
2. In the process of implementation, if there are any difficulties, the agencies and units shall report to the Ministry of Construction for review and instructions.
Therefore, Circular No. 05/2023/TT-BXD will take effect on September 20, 2023.
Best regards!
