Fields in which individuals with positions in the Ministry of Agriculture and Rural Development of Vietnam are prohibited from establishing enterprises after resignation

Fields in which individuals with positions in the Ministry of Agriculture and Rural Development of Vietnam are prohibited from establishing enterprises after resignation (Image from the internet)

Regarding this matter, LawNet provides the following explanation:

On March 27, 2024, the Minister of Agriculture and Rural Development of Vietnam issued Circular 02/2024/TT-BNNPTNT which stipulates the list of fields and the duration during which individuals holding positions or authority are prohibited from establishing, holding managerial positions, managing, or operating private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives after leaving their positions in fields under the management scope of the Ministry of Agriculture and Rural Development of Vietnam.

Fields in which individuals with positions in the Ministry of Agriculture and Rural Development of Vietnam are prohibited from establishing enterprises after resignation

According to Article 4 of Circular 02/2024/TT-BNNPTNT, the fields in which individuals holding positions or authority are prohibited from establishing, holding managerial positions, managing, or operating enterprises or cooperatives after leaving their positions include:

1. Crop production.
2. Plant protection.
3. Animal husbandry.
4. Veterinary medicine.
5. Irrigation.
6. Dike management and disaster prevention.
7. Forestry.
8. Forest protection.
9. Fisheries.
10. Fishery inspection.
11. Cooperative economy and rural development.
12. Quality, processing, and market development.
13. Programs, projects, proposals in the fields listed in the items above.

Duration where individuals holding positions are prohibited from establishing enterprises after after resignation in Vietnam

According to Article 5 of Circular 02/2024/TT-BNNPTNT, the duration during which individuals holding positions or authority are prohibited from establishing, holding managerial positions, managing, or operating enterprises or cooperatives after leaving their positions is stipulated as follows:

- Within a period of 12 months from the date of officially leaving the position as per the decision of the competent authority, individuals holding positions or authority in fields specified in items (1) to (12) under Section 1 are prohibited from establishing, holding managerial positions, managing, or operating enterprises or cooperatives in the field they previously managed or were assigned tasks.

- The prohibition period for establishing, holding managerial positions, managing, or operating enterprises or cooperatives for those leaving their positions while being officials and public employees directly involved in researching, constructing, appraising, or approving programs, projects, or proposals specified in item (13) is until the completion of said program, project, or proposal.

According to Circular 02/2024/TT-BNNPTNT, individuals holding positions of authority and those who have left their positions are defined as follows:

- Individuals holding positions of authority are those appointed, elected, recruited, contracted, or through other forms, whether with or without salary, assigned certain tasks, duties, and authority while performing those tasks or duties, including:- Officials and public employees;- Individuals holding managerial positions in enterprises, organizations;- Representatives of state capital in enterprises;- Other individuals assigned tasks and duties with certain authorities while performing those tasks or duties.

- Individuals who have left their positions are those who held positions or authority in fields specified in Section 1 as per legal regulations and are dealt with by competent authorities for retirement, disciplinary action resulting in dismissal, or job resignation policies.

Nguyen Ngoc Que Anh

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