Establish and manage business
Cadres and civil servants in agencies, organizations and units are not allowed to establish, participate in the management and operation of private enterprises, limited liability companies, joint stock companies, partnerships and cooperatives according to Point b, Clause 2, Article 17 of the 2020 Law on Enterprises.
At the same time, according to Point b, Clause 2, Article 20 of the 2018 Law on Anti-Corruption, it is also stipulated that people holding positions and powers in agencies, organizations and units are not allowed to:
Participate in management and operation of private enterprises, limited liability companies, joint stock companies, partnerships, and cooperatives.
Establish or manage and operate a private enterprise, limited liability company, joint stock company, partnership, or cooperative in the field that one was previously responsible for managing for a certain period of time.
Join multi-level marketing
Decree 40/2018/ND-CP provides detailed regulations on the management of multi-level marketing activities. Clause 2, Article 28 of this Decree clearly stipulates cases that are not allowed to participate in multi-level marketing; including officials and civil servants according to the provisions of the law on officials and civil servants.
This Decree also stipulates that officials and civil servants are not allowed to participate as trainers to train people participating in multi-level sales activities.
Business in the field you manage
The 2005 Law on Anti-Corruption stipulates that cadres, civil servants and public employees are not allowed to do business in the field they were previously responsible for managing after leaving their positions for a certain period of time.
However, the 2018 Anti-Corruption Law only prohibits cadres, civil servants, and public employees from establishing, holding management positions, and operating enterprises and cooperatives in the fields they were previously responsible for managing for a certain period of time.
Be a lawyer
Article 17 of the 2006 Law on Lawyers stipulates the granting of certificates to practice law, as amended in Clause 8, Article 1 of the Law amending and supplementing a number of articles of the Law on Lawyers.
According to Section b, Clause 4, Article 17, people who are cadres, civil servants, public employees; officers, professional soldiers, defense workers in agencies and units of the People's Army; officers, non-commissioned officers, workers in agencies and units of the People's Public Security... are not granted a certificate to practice law.
Article 18 of the 2006 Law on Lawyers stipulates the revocation of a lawyer's practice certificate, as amended in Clause 9, Article 1 of the Law amending and supplementing a number of articles of the Law on Lawyers.
According to Item b Clause 1 Article 18, a person who has been granted a lawyer's practice certificate will have his/her practice certificate revoked when he/she is recruited or appointed as a cadre, civil servant, public employee; officer, professional soldier, defense worker in an agency or unit of the People's Army; officer, non-commissioned officer, worker in an agency or unit of the People's Public Security.
Contribute capital to businesses with direct management
In case a cadre or civil servant is the head or deputy head of a State agency, he/she is not allowed to contribute capital to an enterprise operating within the scope of the sector or profession in which he/she directly performs State management. This is stipulated in Clause 4, Article 20 of the 2018 Law on Anti-Corruption.
Provide advice on matters within the authority to resolve.
Officials, civil servants and public employees are not allowed to act as consultants for other enterprises, organizations and individuals in the country and abroad on matters related to State secrets, work secrets, matters under their jurisdiction or in which they participate. This is stipulated in both the 2005 Law on Anti-Corruption and the 2018 Law on Anti-Corruption.
Minh Hoa (t/h)
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