Is it possible for people who are officials and civil servants to contribute capital to the company in Vietnam? Are police considered officers or civil servants in Vietnam?

Is it possible for people who are officials and civil servants to contribute capital to the company in Vietnam?

Regarding the issue of capital contribution to businesses, I would like to ask: According to the new regulations: Can officials and civil servants contribute capital to businesses?

Reply:

Clause 3, Article 17 of the Enterprise Law 2020 stipulates that organizations and individuals have right to contribute capital, purchase shares, and purchase capital contributions to joint stock companies, limited liability companies, and partnerships according to the provisions of the Law, except in the following cases:

Subjects are not allowed to contribute capital to enterprises according to the provisions of the Law on Cadres and Civil Servants, the Law on Public Employees, and the Law on Prevention and Combat of Corruption.

Also according to Article 20 of the Law on Cadres and Civil Servants 2008,... cadres and civil servants are not allowed to do work related to production, business, and human resources work as prescribed in the Law on Prevention and Combat of Corruption, the Law on Practicing Thrift and Anti-Waste and other things according to the provisions of law and competent authorities.

In addition, according to Clause 4, Article 20 of the 2018 Anti-Corruption Law, the heads and deputies of state organizations must not contribute capital to enterprises operating in the same field as that of their organizations, and must not allow their spouses, parents or children to do business in the same field as that of their organizations.

From the above regulations in Vietnam, it can be seen that not all officials and civil servants are not allowed to contribute capital to enterprises, only leaders or deputies are not allowed to contribute capital to enterprises within the scope of industries and professions. This person is in charge.

Is it possible for people who are officials and civil servants to contribute capital to the company in Vietnam? Are police considered officers or civil servants in Vietnam? (Image from the Internet)

What are prohibited acts of officers and conscripts of the People’s Public Security Force in Vietnam?

Please ask: What are prohibited acts of officers and conscripts of the People’s Public Security Force in Vietnam?

Reply:

According to the provisions of Article 32 of the 2018 People's Public Security Law, prohibited acts of officers, non-commissioned officers and conscripts of the People’s Public Security Force:

1. Abusing positions and delegated powers to infringe upon the interests of the State, the lawful rights and interests of agencies, organizations and individuals.

2. Acts in contravention of law and regulations of the People’s Public Security Force and prohibited acts of cadres, civil servants and public employees prescribed by laws.

Regarding the things that cadres, civil servants and public employees are not allowed to do, you can see details in Section 4, Chapter II of the Law on Cadres and Civil Servants 2008 and Article 19 of the Law on Public Employees 2010.

Above is support content about things the People's Police cannot do in Vietnam.

Are police considered officers or civil servants in Vietnam? 

Let me ask: The People's Public Security is currently the people's armed force that plays the core role in carrying out the tasks of protecting national security, ensuring social order and safety, and fighting crime. So is this person an officer or a civil servant?

Reply:

Clause 6, Article 2 of the 2018 People's Public Security Law stipulates:

6. Public security worker means a Vietnamese citizen who has professional and technical qualifications, is recruited to the People’s Public Security Force but is not permissible to be bestowed to the rank of officer, non-commissioned officer or serviceman.

According to the provisions of the Law on Cadres and Civil Servants 2008:

1. Cadres are Vietnamese citizens who are elected, approved and appointed to hold posts or titles for a given term of office in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central level, in provinces and centrally run cities (below collectively referred to as provincial level), in districts, towns and provincial cities (below collectively referred to as district level), included in the payrolls and salaried from the state budget.

2. Civil servants are Vietnamese citizens who are recruited and appointed to ranks, posts or titles in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central, provincial and district levels; in People’s Army agencies and units, other than officers, professional military personnel and defense workers; in People’s Police offices and units other than officers and professional non-commissioned officers, and in the leading and managerial apparatuses of public non-business units of the Communist Party of Vietnam, the State and socio-political organizations (below collectively referred to as public non-business units), included in the payrolls and salaried from the state budget; for civil servants in the leading and managerial apparatuses of public non-business units, they are salaried from the salary funds of these units according to law.

Clause 3a, Article 61 of the Law on Cadres and Civil Servants 2008 stipulates:

3. Posts of commune-level civil servants include:

a/ Chief police officer;

...

Thus, in addition to the case where the commune police chief is a civil servant, the 2008 Law on Civil Servants and its guiding documents do not currently have specific regulations on whether the police are officers or civil servants. According to this Article, the organization and operations; Functions, tasks, powers, regimes and policies for the People's Public Security are implemented according to the 2018 People's Public Security Law and internal industry documents in Vietnam.

Best regards!