This Circular stipulates the list of fields and the period during which individuals holding positions and powers within the Ministry of Agriculture and Rural Development shall not establish or hold management and operational positions in enterprises after ceasing their positions. The purpose is to prevent corruption and protect public interests.
Scope of application
[1] Individuals holding positions and powers within the Ministry of Agriculture and Rural Development; [2] Relevant agencies and organizations managing individuals holding positions and powers mentioned above
Key points
- Individuals holding positions and powers in the fields specified in Article 4 shall not establish a business/cooperative for a period of 12 months from the date they cease to hold their positions (Article 5.1).
- The prohibition period for establishing a business/cooperative for individuals involved in researching, developing, or reviewing/approving programs, projects, and plans is until completion of such work (Article 5.2).
- The list of fields includes crop production, plant protection, animal husbandry, veterinary services, irrigation, dike and flood control, forestry, forest protection, fisheries, fishery inspection, cooperative economic development and rural development, quality, processing, and market development (Article 4).
- Individuals holding positions and powers are those appointed, elected, recruited, or contracted to perform public duties with certain authorities (Article 3.1).
- Ceasing to hold a position includes cases where the competent authority resolves the termination of employment, disciplinary dismissal, retirement, or transfer of work (Article 3.2).
🌐 Social impact of this document
- Limiting business activities of individuals holding positions after leaving the management body helps prevent corruption and ensure transparency.
- It may cause difficulties for career transition or starting a business for those who leave public office.
- Helps protect the interests of the agricultural and rural development sector, avoiding conflicts of interest.
❓ Frequently asked questions
Can individuals holding positions in the crop production field establish a business immediately after ceasing to hold their positions?
No, they must wait at least 12 months from the date of cessation before being allowed to establish or manage a business.
What is the prohibition period for establishing a business/cooperative for individuals involved in researching programs and projects?
Until the completion of research, development, or review/approval of programs and projects.
What can individuals holding positions in the forestry protection field do after ceasing to hold their positions?
They are prohibited from establishing a business/cooperative in the forestry protection field for a period of 12 months from the date of cessation.
Who are individuals holding positions and powers?
They are individuals appointed, elected, recruited, or contracted to perform public duties with certain authorities within the Ministry of Agriculture and Rural Development.
What cases are included in ceasing to hold a position?
Cases include those resolved by the competent authority for termination of employment, disciplinary dismissal, retirement, or transfer of work.
Full text
CIRCULAR
Regulations on the list of fields and time periods during which individuals with positions and authority may not establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing to hold positions within the scope of management of the Ministry of Agriculture and Rural Development
Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;
Pursuant to Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures for implementing the Law on Prevention and Combating Corruption; Decree No. 134/2021/NĐ-CP dated December 30, 2021 of the Government amending and supplementing certain articles of Decree No. 59/2019/NĐ-CP dated July 1, 2019;
Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
The phrase "or examination" is abolished pursuant to Clause 6, Article 8 of Circular No. 15/2025/TT-BVHTTDL dated November 25, 2025, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circulars prescribing job codes, qualification standards, and salary grades for civil servants in the heritage culture, library, grassroots cultural activities, sports, fine arts, art performance, film, and cultural propaganda sectors, which takes effect from January 15, 2026.
The Minister of Agriculture and Rural Development issues this Circular stipulating the list of fields and time periods during which individuals with positions and authority may not establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives (hereinafter referred to collectively as enterprises and cooperatives) after ceasing to hold positions within the scope of management of the Ministry of Agriculture and Rural Development.
Article 1. Scope of Regulation
This Circular stipulates the list of fields and time periods during which individuals with positions and authority may not establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives (hereinafter referred to collectively as enterprises and cooperatives) after ceasing to hold positions within the scope of management of the Ministry of Agriculture and Rural Development.
Article 2. Applicability
1. This Circular applies to individuals with positions and authority who have worked at agencies, organizations, and units under the Ministry of Agriculture and Rural Development, performing tasks in one of the fields listed in Article 4 of this Circular.
2. Agencies, organizations, and units managing individuals with positions and authority as stipulated in Clause 1 of this Article and other related agencies, organizations, and individuals.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. Individuals with positions and authority are those appointed, elected, recruited, contracted, or otherwise engaged, whether receiving remuneration or not, assigned to perform specific duties and have certain powers while performing such duties, including:
a) Civil servants and public officials;
b) Individuals holding management positions in enterprises and organizations;
c) Representatives of state capital in enterprises;
d) Other individuals assigned to perform duties and have powers while performing such duties.
2. Individuals ceasing to hold positions are those with positions and authority in one of the fields specified in Article 4 of this Circular, as provided by law, resolved by competent authorities to terminate employment or disciplined by termination of employment or retirement or transfer of work.
Article 4. List of fields under the management scope of the Ministry of Agriculture and Rural Development where individuals with positions and authority after ceasing to hold positions may not establish, hold management and operational positions in enterprises and cooperatives
Fields where individuals with positions and authority after ceasing to hold positions in those fields may not establish, hold management and operational positions in enterprises and cooperatives include:
1. Crop cultivation field.
2. Plant protection field.
3. Livestock breeding field.
4. Veterinary field.
5. Water resources field.
6. Dike and flood control field.
7. Forestry field.
8. Forest protection field.
9. Aquaculture field.
10. Fisheries inspection field.
11. Cooperative economic development and rural development field.
12. Quality, processing, and market development field.
13. Programs, projects, and plans in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 and Clause 12 of this Article.
Article 5. Period during which persons holding positions and powers are not allowed to establish, hold managerial or executive positions in enterprises or cooperatives after ceasing to hold their positions
1. Within twelve months from the date of ceasing to hold their positions as decided by the competent authority, persons holding positions and powers working in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and Clause 12 of Article 4 of this Circular shall not be allowed to establish, hold managerial or executive positions in enterprises or cooperatives in the field they previously managed or performed tasks.
2. The period during which persons ceasing to hold their positions while being officials, civil servants, or public employees directly involved in researching, drafting, or reviewing, approving programs, projects, or plans as stipulated in Clause 13 of Article 4 of this Circular shall not be allowed to establish, hold managerial or executive positions in enterprises or cooperatives is the period until such programs, projects, or plans are completed.
Article 6. Implementation Provisions
1. This Circular takes effect from May 20, 2024.
2. During the implementation of this Circular, if there are any difficulties or new issues arising, agencies, organizations, or individuals should report them to the Ministry of Agriculture and Rural Development for consideration of amendments and supplements.
Minister’s SIGNATURE
Deputy Minister’s SIGNATURE
Nguyễn Hoàng Hiệp
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