Periods over which persons under management of the Ministry of Information and Communications with certain positions must not establish enterprises in the same sector after being discharged 

Periods over which persons under management of the Ministry of Information and Communications with certain positions must not establish enterprises in the same sector after being discharged 

To be specific, Article 4 of Circular 09/2024/TT-BTTTT stipulates the list of fields under the management of the Ministry of Information and Communications,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 in the same field after being discharged from holding their positions in Vietnam as follows:

(1) Press.

(2) Publishing, printing, and distribution.

(3) Broadcasting and television.

(4) Electronic information.

(5) External information.

(6) Basic information.

(7) Postal services.

(8) Telecommunications.

(9) Radio frequency.

(10) Information technology industry.

(11) Information technology application and digital transformation.

(12) Cyber information security.

(13) Electronic transactions.

(14) Management of state-owned enterprises represented by the Ministry of Information and Communications as the owner.

(15) Programs, proposals, and projects in the fields and tasks specified in clauses (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) that were directly researched, developed, appraised, or approved by officials and public employees while they held the positions of authority.

Article 5 of Circular 09/2024/TT-BTTTT stipulates the duration individuals holding positions under the management of the Ministry of Information and Communications, after leaving their positions, are restricted from establishing, holding, or operating businesses or cooperatives in the fields they were previously responsible for managing:

- For individuals not holding leadership or managerial positions, the duration of restriction from establishing, holding managerial positions, or operating businesses or cooperatives in the fields previously managed as listed in (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) is 12 months from the effective date of the decision by the competent authority.

- For individuals holding leadership or managerial positions, the duration of restriction from establishing, holding managerial positions, or operating businesses or cooperatives in the fields previously managed as listed in (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) is 24 months from the effective date of the decision by the competent authority.

- For officials and public employees who directly researched, developed, appraised, or approved the programs, proposals, projects specified in (15), the restriction duration is until the completion of the programs, proposals, projects.

More details can be found in Circular 09/2024/TT-BTTTT, which comes into effect in Vietnam from October 15, 2024.

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