People holding managerial titles or positions under the Ministry of Construction is not allowed to establish businesses after being discharged from holding their positions in Vietnam

People holding managerial titles or positions under the Ministry of Construction is not allowed to establish businesses after being discharged from holding their positions in Vietnam

After leaving their positions, people holding managerial titles or positions under the Ministry of Construction are not allowed to establish businesses in the following fields:

(i) Construction planning, architecture.

(ii) Construction investment.

(iii) Urban development.

(iv) Infrastructure.

(v) Houses, offices and real estate market.

(vi) Building materials.

(vii) Science and technology in construction.

(viii) Management of wholly state-owned enterprises.

(ix) Programs, projects and schemes in the sectors prescribed from (i) to (vii)

Thus, the period of not being allowed to establish an enterprise after resigning from position in each case is as follows:

- 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 from (i) to (vi) 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.

- 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 (vii) and (viii) 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.

- 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 (ix) are time limits for completion of such programs, projects and schemes.

More details can be found in Circular 05/2023/TT-BXD taking effect on September 20, 2023.

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