(MPI) - The Minister of Planning and Investment has just issued Circular No. 12/2024/TT-BKHĐT stipulating the list of fields and time limits for people with positions and powers who are not allowed to establish, hold titles, management positions, or operate private enterprises, limited liability companies, joint stock companies, partnerships, cooperatives, and cooperative unions after leaving their positions under the management of the Ministry of Planning and Investment.
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| Illustration photo. Source: Internet |
The implementation of regulations on time limits for people with positions and powers who are not allowed to establish, hold titles, management positions, or operate enterprises, cooperatives, or cooperative unions in the fields they were previously responsible for managing after leaving their positions must comply with the provisions of the Law on Anti-Corruption; Law on Cadres and Civil Servants; Law on Public Employees; Law on amending and supplementing a number of articles of the Law on Cadres and Civil Servants and the Law on Public Employees; Law on Enterprises; Law on Cooperatives and related legal documents.
List of fields in which people with positions and powers are not allowed to establish, hold titles, management positions, or operate private enterprises, limited liability companies, joint stock companies, partnerships, cooperatives, and cooperative unions in the fields they were previously responsible for managing after leaving their positions, including: State management of overseas investment; State management of investment promotion; State management of project appraisal; State management of bidding; State management of capital planning establishment, allocation, and management; State management of planning; State management of industrial parks - export processing zones - economic zones; State management of enterprise development and business registration; State management of ODA, preferential loans, non-refundable aid not included in official development assistance, and aid from Vietnam to other countries; State management of cooperatives, cooperative unions, collective economy, cooperative economy; State management of statistics; Programs, projects, and proposals directly researched, developed, or appraised and approved by people who have left their positions while working as cadres, civil servants, or public employees in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this Article.
Within 24 months from the date of leaving the position or authority according to the decision of the competent authority, a person holding a position or authority working in the fields specified from Clause 1 to Clause 11, Article 5 shall not be allowed to establish, hold a title or position of management or operation of a private enterprise, limited liability company, joint stock company, partnership, cooperative or cooperative union in the field he/she was previously responsible for managing.
The period of time for which a person who ceases to hold a position while being an official, civil servant or public employee directly researching, developing or appraising and approving a Program, project or scheme as prescribed in Clause 12, Article 5 is not allowed to establish, hold a title or position of management or operation of a private enterprise, limited liability company, joint stock company, partnership, cooperative or cooperative union is not allowed to hold a position while being an official, civil servant or public employee directly researching, developing or appraising and approving a Program, project or scheme as prescribed in Clause 12, Article 5 is the period of completion of the program, project or scheme.
The Circular takes effect from August 16, 2024./.
Source: https://www.mpi.gov.vn/portal/Pages/2024-7-19/Quy-dinh-danh-muc-cac-linh-vuc-va-thoi-han-nguoi-cix5sk7.aspx
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