CIRCULAR

PRESCRIBING LIST OF SECTORS AND 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 UNDER MANAGEMENT OF THE MINISTRY OF CONSTRUCTION

Pursuant to the Law on Anti-Corruption dated November 20, 2018;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Government’s Decree No. 59/2019/ND-CP dated July 01, 2019 on some articles and measures for implementation of the Law on Anti-Corruption;

Pursuant to Decree No. 134/2021/ND-CP dated December 30, 2021 of the Government of Vietnam amending certain Articles of Decree No. 59/2019/ND-CP dated July 01, 2019 of the Government of Vietnam providing detailed regulations on certain Articles and measures for implementation of the Law on Anti-Corruption;

Pursuant to Decree No. 52/2022/ND-CP dated August 08, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Construction of Vietnam;

At the request of the Director of the Organization and Personnel Department;

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Article 1. Scope

This Circular provides for the list of sectors and 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 in the sectors that the persons were responsible for management after being discharged from holding their positions in the sectors under management of the Ministry of Construction.

Article 2. Regulated entities

This Circular applies to persons with certain positions and powers after being discharged from holding their positions in agencies, organizations and units in the public sector under management of the Ministry of Construction and other relevant agencies, organizations and individuals.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “persons with positions and powers” mean persons specified in the Law on Anti-Corruption.

2. “enterprise managers” mean persons specified in the Law on Enterprises.

Article 4. Sectors that 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

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2. Construction investment.

3. Urban development.

4. Infrastructure.

5. Houses, offices and real estate market.

6. Building materials.

7. Science and technology in construction.

8. Management of wholly state-owned enterprises.

9. Programs, projects and schemes in the sectors prescribed in clauses 1, 2, 3, 4, 5, 6, 7 of this Article.

Article 5. 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

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2. 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 Clauses 7 and 8 Article 4 of this Circular 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.

3. 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 Clause 9 Article 4 of this Circular are time limits for completion of such programs, projects and schemes.

Article 6. Implementation clauses

1. This Circular comes into force from September 20, 2023.

2. Difficulties that arise during the period of implementation of this Circular should be reported to the Ministry of Construction for guidance./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Van Sinh

Thông tư 05/2023/TT-BXD về Quy định danh mục các lĩnh vực và thời hạn người có chức vụ, quyền hạn không được thành lập, giữ chức danh, chức vụ quản lý, điều hành doanh nghiệp tư nhân, công ty trách nhiệm hữu hạn, công ty cổ phần, công ty hợp danh, hợp tác xã sau khi thôi chức vụ thuộc phạm vi quản lý của Bộ Xây dựng