Vietnam: 10 sectors within the Transport industry over which office holders must not establish enterprises after being discharged from holding their positions

Vietnam: 10 sectors within the Transport industry over which office holders must not establish enterprises after being discharged from holding their positions (Image from the internet)

On December 31, 2023, the Minister of Transport issued Circular 51/2023/TT-BGTVT on the 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 the management of the Ministry of Transport.

10 sectors within the Transport industry over which office holders must not establish enterprises after being discharged from holding their positions in Vietnam

Specifically, 10 sectors within the Transport industry over which office holders must not establish enterprises after being discharged from holding their positions in Vietnam include:

(1) Planning, plans, and development policies on road, railway, inland waterway, maritime, and civil aviation transportation according to legal regulations.

(2) Investment management, construction, maintenance, and protection of transport infrastructure for roads, railways, inland waterways, maritime, and civil aviation as per legal regulations.

(3) State management of transportation means, assemblies, systems, parts, and components of transportation means; maritime exploration, exploitation, and transportation means and equipment; specialized loading, unloading, and construction means and equipment; machinery, equipment, and materials with stringent safety and labor hygiene requirements in transportation, and specialized technical equipment as stipulated by law.

(4) Management of training, coaching, examining, issuing, recognizing, and revoking licenses, certificates, and professional certifications for operators of transport means, and operators of specialized equipment and means in transportation; vehicle inspectors, operational staff involved in assessment, and personnel operating in the specialized conditions of the transport sector as stipulated by law.

(5) Managing transport activities including road, railway, inland waterway, maritime, civil aviation, and multimodal transport.

(6) State management of transportation security and safety as per legal regulations.

(7) Science, technology, and environment within the transport sector.

(8) State management of public services in the transportation industry as per legal provisions.

(9) Management of enterprises fully owned by the State; enterprises with State capital contributions under the management scope represented by the Ministry of Transport.

(10) Programs, projects, and plans pertaining to sectors specified in (1), (2), (3), (4), (5), (6), (7), (8), (9).

Note: During the 12 months from the date of being discharged from holding positions as decided by the competent authority, persons with certain positions and powers in the sectors specified in (1), (2), (3), (4), (5), (6), (7), (8), (9) cannot establish, hold managerial positions or titles, or run enterprises or cooperatives in the sectors that the persons were responsible for management.

For the sector specified in (10), the duration is the completion time of the program, project, or scheme.

Detailed content may be found in Circular 51/2023/TT-BGTVT effective from April 15, 2024.

Ho Quoc Tuan

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