Officials allowed to establish businesses: What's new in the proposal?

The Ministry of Home Affairs is seeking comments on the draft revised Law on Civil Servants. The draft law is expected to be submitted to the National Assembly for consideration and approval at its upcoming 10th session.

According to the draft revised Law on Civil Servants, civil servants will be allowed to contribute capital, establish and operate enterprises - Photo: QUANG DINH

Notably, the draft has expanded the rights of civil servants. Accordingly, civil servants are allowed to sign contracts to perform professional activities at other public service units, in addition to the public service unit where they are currently working.

Expanding business operations

In addition, according to the draft revised Law on Civil Servants, civil servants are also allowed to contribute capital, establish, manage, operate, and work at enterprises established by the public service unit for which they are working, or participate in establishing them to commercialize research results, effectively exploit intellectual property, inventions, and digital technology created by that organization.

Being assigned to work at scientific and technological organizations, higher education institutions, enterprises and other organizations for a certain period of time. Being allowed to contribute capital, establish, participate in management, operation or participate in technology development at domestic and foreign enterprises.

The draft law also stipulates that in the case of a civil servant who is a head, he/she must have the consent of the direct management authority; during the time working in these organizations, the civil servant shall maintain the salary regime and other current regimes and policies, and shall be planned, appointed, trained and fostered according to regulations.

Officials are also entitled to exercise other rights in business activities and work outside of prescribed hours as prescribed by specialized laws and regulations of competent authorities.

Speaking to Tuoi Tre, Dr. Nguyen Tien Dinh - former Deputy Minister of the Ministry of Home Affairs - said that under current law, civil servants are only allowed to contribute capital but are not allowed to participate in management and operations. In the revised Civil Servants Law, the Ministry of Home Affairs has proposed to expand it further, allowing civil servants to contribute capital, establish and operate businesses.

According to Mr. Dinh, there is no need to worry that this expansion will create conflicts or abuse of power by officials. In fact, officials here mainly provide public services in education, health care, etc., not directly perform state management or policy making.

In addition, the enterprise here is established or participated in by the public service unit where the employee is working to commercialize research results, effectively exploit intellectual property, inventions and digital technology created by that organization. Along with that is the development of technology in domestic and foreign enterprises.

"Creating conditions and "relaxing" them for civil servants as above is appropriate and good in the current situation, creating conditions for civil servants to participate in economic activities, contributing to the country's socio-economic development in the new era," Dr. Dinh stated.

Regulations are needed to avoid abuse of power.

Discussing further on the above issue, delegate Pham Van Hoa - member of the Law and Justice Committee - expressed his agreement with the proposal to "expand" the rights of civil servants regarding business activities.

He said these proposals in the bill have been stipulated in a number of previous laws. In particular, the law on science, technology, innovation and digital transformation stipulates that civil servants working at public higher education institutions are allowed to contribute capital, participate in the management and operation of enterprises established by such educational institutions. They can participate in establishing enterprises to commercialize research results created by such institutions.

However, Mr. Hoa suggested that the drafting agency should clearly stipulate that ordinary civil servants can participate in contributing capital, establishing and operating enterprises. As for civil servants holding leadership and management positions, stricter regulations should be applied, even in important areas, participation is not allowed. At the same time, reporting responsibilities and mechanisms to prevent conflicts of interest between public work and business activities should be clearly defined.

According to Mr. Hoa, recently, according to reports, in some places, there has been a phenomenon of officials using the names of relatives to register businesses, which causes difficulties in management and easily leads to violations of the principle of public service integrity.

Therefore, it is necessary to clearly stipulate the handling of violations by officials when participating in management and contributing capital to enterprises, especially cases of abuse of position and power to serve personal interests.

Do not shirk the assigned work.

Dr. Nguyen Tien Dinh also said that although the bill is open, it clearly stipulates the management of civil servants when participating in economic activities. In which, there must be no evasion, avoidance, avoidance, or pushing in the performance of assigned duties and tasks.

Not allowed to do work related to production, business, and human resources work according to the provisions of law on anti-corruption, practicing thrift, fighting waste, and protecting state secrets.

Along with that are other matters as prescribed by law and by competent authorities during the working period, after leaving work, or retiring, except in cases prescribed by other specialized laws.

COMMON

Source: https://tuoitre.vn/vien-chuc-duoc-thanh-lap-doanh-nghiep-de-xuat-co-gi-moi-20250812215559669.htm