This Circular stipulates the list of fields under the management of the Ministry of Justice and the period during which individuals holding positions and powers in those fields shall not establish, hold titles, managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing to hold such positions. The period is twelve months for fields related to state management of lawyers, legal consultancy, notarization, judicial appraisal, auctioning of assets, trustees, and time until completion of programs, projects, and proposals.
적용 범위
Individuals holding positions and powers who have worked at the Ministry of Justice, Provincial Departments of Justice, and relevant agencies, organizations, and units performing tasks in one of the specified fields shall implement this Circular.
핵심 사항
- Individuals holding positions and powers working in fields related to state management of lawyers, legal consultancy, notarization, judicial appraisal, auctioning of assets, trustees, and time until completion of programs, projects, and proposals shall not establish, hold titles, managerial or executive positions in enterprises, cooperatives in those fields within twelve months from the date of ceasing their positions.
- Individuals ceasing to hold positions when they are officials, civil servants, or employees directly researching, drafting, or reviewing and approving Programs, Projects, and Proposals shall not establish, hold titles, managerial or executive positions in enterprises, cooperatives until the completion of such Programs, Projects, and Proposals.
- This Circular takes effect from July 1, 2025.
- Heads of units under the Ministry of Justice, Provincial Departments of Justice, and relevant agencies, organizations, and units shall be responsible for organizing the implementation of this Circular.
- During the implementation process, if there are difficulties, agencies and units shall report to the Ministry of Justice for guidance.
🌐 이 문서의 사회적 영향
- Positive impact: Reducing the risk of corruption in fields related to state management of lawyers, legal consultancy, notarization, judicial appraisal, auctioning of assets, trustees, and time until completion of programs, projects, and proposals.
- Negative impact: It may cause difficulties for individuals holding positions and powers when transitioning to new careers or engaging in business activities in fields they previously managed.
- Citizens and businesses will be better protected from former officials misusing their previous positions to participate in business activities.
❓ 자주 묻는 질문
For how long shall individuals holding positions and powers not establish, hold titles, managerial or executive positions in enterprises after ceasing to hold their positions?
Individuals holding positions and powers working in fields related to state management of lawyers, legal consultancy, notarization, judicial appraisal, auctioning of assets, trustees, and time until completion of programs, projects, and proposals shall not establish, hold titles, managerial or executive positions in enterprises within twelve months from the date of ceasing their positions.
Who may be restricted from establishing, holding titles, managerial or executive positions in enterprises after ceasing to hold their positions?
Individuals holding positions and powers who have worked at the Ministry of Justice, Provincial Departments of Justice, and relevant agencies, organizations, and units performing tasks in one of the specified fields shall implement this Circular.
For how long shall individuals not establish, hold titles, managerial or executive positions in enterprises when they are officials, civil servants, or employees directly researching, drafting, or reviewing and approving Programs, Projects, and Proposals?
The period is the time until completion of Programs, Projects, and Proposals.
When does this Circular take effect?
This Circular takes effect from July 1, 2025.
Which agency is responsible for organizing the implementation of this Circular?
Heads of units under the Ministry of Justice, Provincial Departments of Justice, and relevant agencies, organizations, and units shall be responsible for organizing the implementation of this Circular.
전문
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MINISTRY LEGAL NOTIFICATION |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 04/2025/TT-BTP |
DUTY POWER dated 14 the 5 year 2025 |
REGULATION LEGAL
REGULATION a) Providing testimonies and expert opinions for the case for which they have been summoned; list fields the under jurisdiction, and not THE person issue LIMITATION established, ON THE hold, amended and supplemented by Law No. 87/2025/QH15; name, manage, business, LIMITATION individual, LIMITATION BASED company, limited, 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. ADJUSTMENT joint, stock, partnership, cooperative person after ceased NATIONAL belong Legal person after Affairs Department, person after anti-corruption; individual, anti-corruption; Decree 59/2019/NĐ-CP detailed measures anti-corruption; business, LIMITATION BASED Decree 134/2021/NĐ-CP FUNCTION company, reason of AND structure law;
WHEREAS EDUCATION Law Inspector General Legal ; dated 20 the 11 year 2018;
WHEREAS EDUCATION APPLICATION a) Providing testimonies and expert opinions for the case for which they have been summoned; number Notification. dated 01 the 7 year 2019 of LAW ; This Circular stipulates the list of fields under the management of the Ministry of Justice and the period during which individuals who have held positions and powers in those fields may not establish, hold titles, positions of management, or operate private businesses, limited liability companies, joint-stock companies, partnerships, cooperatives (hereinafter collectively referred to as enterprises or cooperatives) after ceasing to hold such positions. a) Providing testimonies and expert opinions for the case for which they have been summoned; of This Circular applies to individuals who have worked at the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations that perform tasks within one of the fields listed in Article 3 of this Circular after ceasing to hold their positions. and Law No. 47/2024/QH15 number 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. and The law; ect ADJUSTMENT Law Inspector General Legal list
WHEREAS EDUCATION APPLICATION a) Providing testimonies and expert opinions for the case for which they have been summoned; number includes dated 30 the 12 year 2021 of LAW ; supplemented, one Law No. 42/2024/QH15 supplemented and Law No. 47/2024/QH15 number 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. of APPLICATION a) Providing testimonies and expert opinions for the case for which they have been summoned; number Notification. dated 01 the 7 year 2019 of LAW ; This Circular stipulates the list of fields under the management of the Ministry of Justice and the period during which individuals who have held positions and powers in those fields may not establish, hold titles, positions of management, or operate private businesses, limited liability companies, joint-stock companies, partnerships, cooperatives (hereinafter collectively referred to as enterprises or cooperatives) after ceasing to hold such positions. a) Providing testimonies and expert opinions for the case for which they have been summoned; of This Circular applies to individuals who have worked at the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations that perform tasks within one of the fields listed in Article 3 of this Circular after ceasing to hold their positions. and Law No. 47/2024/QH15 number 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. and The law; ect ADJUSTMENT Law Inspector General Legal list
WHEREAS EDUCATION APPLICATION a) Providing testimonies and expert opinions for the case for which they have been summoned; number of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice; dated 26 the 02 year 2025 of LAW ; This Circular stipulates the list of fields under the management of the Ministry of Justice and the period during which individuals who have held positions and powers in those fields may not establish, hold titles, positions of management, or operate private businesses, limited liability companies, joint-stock companies, partnerships, cooperatives (hereinafter collectively referred to as enterprises or cooperatives) after ceasing to hold such positions. a) Providing testimonies and expert opinions for the case for which they have been summoned; LIMITATION UNIVERSITY NATIONAL established, ON THE and subject, organization, unit under the People's Committee of the commune level enterprises, organization LIMITATION of AND structure 1. State management in the field of lawyers and legal advice;
the Director at the proposal of the Director of the Ministry's Office; EDUCATION of 2. State management in the field of notarization; 3. State management in the field of forensic appraisal; 4. State management in the field of asset valuation; AND structure 1. State management in the field of lawyers and legal advice;
AND Director AND structure law; VIOLATION ADJUSTMENT 5. State management in the field of accountants; partnership, This Circular stipulates the list of fields under the management of the Ministry of Justice and the period during which individuals who have held positions and powers in those fields may not establish, hold titles, positions of management, or operate private businesses, limited liability companies, joint-stock companies, partnerships, cooperatives (hereinafter collectively referred to as enterprises or cooperatives) after ceasing to hold such positions. a) Providing testimonies and expert opinions for the case for which they have been summoned; list fields the under jurisdiction, and not THE person issue LIMITATION established, ON THE hold, amended and supplemented by Law No. 87/2025/QH15; name, manage, business, LIMITATION individual, LIMITATION BASED company, limited, 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. ADJUSTMENT joint, stock, partnership, cooperative person after ceased NATIONAL belong Legal person after Affairs Department, person after anti-corruption; individual, anti-corruption; Decree 59/2019/NĐ-CP detailed measures anti-corruption; business, LIMITATION BASED Decree 134/2021/NĐ-CP FUNCTION company, reason of AND structure 6. State management in the field of bankruptcy administration;
Article 1. POSITION FUNCTION 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. 2. NATIONAL UNIVERSITIES HAVE THE FUNCTION OF TRAINING ALL LEVELS OF HIGHER EDUCATION, SCIENTIFIC RESEARCH, AND TECHNOLOGY TRANSFER ACROSS MULTIPLE FIELDS AT A HIGH QUALITY; THEY LEAD IN CERTAIN FIELDS WITH HIGH RANKINGS BOTH DOMESTICALLY AND INTERNATIONALLY.
7. Programs, projects, and proposals in the fields managed by the Ministry of Justice, Provincial Legal Departments, and individuals who were officials, civil servants, or employees directly researching, developing, or reviewing and approving such programs, projects, and proposals while holding their positions.
Article 2. Group of persons DUTY OF NATIONAL
1. Within twelve months from the date of ceasing to hold positions and powers as decided by the competent authority, individuals working in the fields specified from Clause 1 to Clause 6 of Article 3 of this Circular may not establish, hold titles, positions of management, or operate enterprises or cooperatives in those fields.
Article 3. 2. The period during which individuals who were officials, civil servants, or employees directly researching, developing, or reviewing and approving programs, projects, and proposals as specified in Clause 7 of Article 3 of this Circular may not establish, hold titles, positions of management, or operate enterprises or cooperatives is the duration of completion of those programs, projects, and proposals. fields the under jurisdiction, Decree 134/2021/NĐ-CP FUNCTION company, reason of AND structure law; Clause person issue LIMITATION established, ON THE Industry and under jurisdiction, 1. This Circular takes effect from July 1, 2025. detailed measures anti-corruption; business, LIMITATION BASED hold, amended and supplemented by Law No. 87/2025/QH15; name, manage, business, LIMITATION individual, LIMITATION BASED company, limited, 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. ADJUSTMENT joint, 2. Heads of units under the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations are responsible for implementing this Circular. anti-corruption; Decree 59/2019/NĐ-CP
3. During implementation, if there are any difficulties, agencies and units should report to the Ministry of Justice for guidance.
Nguyen
Tinh
4. State management in the field of asset auctioning;
5. State management in the field of managing appraisers;
6. State management in the field of bankruptcy administration;
Programs, projects, and proposals under the management fields of the Ministry of Justice, Provincial Justice Departments directly handled by individuals who ceased to hold positions while serving as officials, civil servants, or public employees involved in researching, drafting, or reviewing and approving such programs, projects, and proposals.
Article 4. Time THE person issue LIMITATION established, ON THE Industry and under jurisdiction, Decree 134/2021/NĐ-CP FUNCTION company, reason of AND structure law; detailed measures anti-corruption; business, LIMITATION established, ON THE hold, amended and supplemented by Law No. 87/2025/QH15; name, manage, business, LIMITATION individual, LIMITATION BASED company, limited, 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. ADJUSTMENT joint, 2. Heads of units under the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations are responsible for implementing this Circular. anti-corruption; Decree 59/2019/NĐ-CP
1. Within twelve months from the date of ceasing their positions and powers as decided by the competent authority, individuals holding positions and powers in the fields specified from Clause 1 to Clause 6 of Article 3 of this Circular shall not establish, hold titles, managerial or executive positions in enterprises or cooperatives in those fields.
2. The period during which individuals who ceased to hold positions while serving as officials, civil servants, or public employees directly involved in researching, drafting, or reviewing and approving programs, projects, and proposals as stipulated in Clause 7 of Article 3 of this Circular shall not establish, hold titles, managerial or executive positions in enterprises or cooperatives is the duration required to complete such programs, projects, and proposals.
Article 5. Article Clause ect ADJUSTMENT
1. This Circular takes effect from July 1, 2025.
2. Heads of units under the Ministry of Justice, Provincial Justice Departments, and related agencies and organizations are responsible for implementing this Circular.
3. In the course of implementation, if there are any difficulties, agencies and units shall report to the Ministry of Justice for guidance.
DEPUTY MINISTER
DEPUTY MINISTER
Nguyen 3. State management in the field of forensic appraisal; Tinh
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