Circular No. 05/2023/TT-BXD stipulates the list of fields and the period during which individuals holding positions and powers are not allowed to establish, hold management titles, managerial positions, or operate private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives after ceasing their duties under the jurisdiction of the Ministry of Construction.

CIRCULAR

Regulations on the list of fields and time periods during which individuals with positions and authority may not establish, hold titles, managerial, and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives in the fields they previously managed after ceasing to hold their positions within the scope of management of the Ministry of Transport who have been established, hold positions, and manage private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing to hold positions under the management of the Ministry of Construction After ceasing to hold positions under the management of the Ministry of Construction

Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;

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

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 Anti-Corruption;

Pursuant to Decree No. 134/2021/NĐ-CP dated December 30, 2021 of the Government amending and supplementing some articles of 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 Control of Corruption;

BASED ON THE GOVERNMENT DECREE NO. 52/2022/NĐ-CP OF AUGUST 8, 2022, PROVIDING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION;

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 Construction issues this Circular stipulating the list of fields and time periods during which individuals holding positions and powers shall not establish, hold titles, positions, and manage private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing to hold positions under the management of the Ministry of Construction.

Article 1. Scope of Regulation

This Circular stipulates the list of fields and time periods during which individuals holding positions and powers shall not establish, hold titles, positions, and manage private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives in fields previously under their responsibility after ceasing to hold positions within the scope of management of the Ministry of Construction.

Article 2. Applicability

This Circular applies to individuals holding positions and powers after ceasing to hold positions in state agencies, organizations, units under the management of the Ministry of Construction and other related agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Individuals holding positions and powers are those defined in the Law on Prevention and Control of Corruption.

2. Enterprise managers are those defined in the Enterprise Law.

Article 4. Fields in which individuals holding positions and powers shall not establish, hold titles, positions, and manage private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing to hold positions

1. Urban planning and architecture.

2. Construction investment activities.

3. Urban development.

4. Technical infrastructure.

5. Housing, office buildings, and real estate markets.

6. Construction materials.

7. Science and technology in construction.

8. Management of enterprises wholly owned by the State.

9. Programs, projects, and plans in the fields specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article.

Article 5. Time periods during which individuals holding positions and powers shall not establish, hold titles, positions, and manage private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives after ceasing to hold positions

1. Within twenty-four months from the date of ceasing to hold positions according to the decision of the competent authority, individuals holding positions and powers working in the fields specified in Clauses 1, 2, 3, 4, 5, and Clause 6 of Article 4 of this Circular shall not establish, hold titles, positions, and manage private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives in fields previously under their responsibility.

2. Within twelve months from the date of ceasing to hold positions according to the decision of the competent authority, individuals holding positions and powers working in the fields specified in Clause 7 and Clause 8 of Article 4 of this Circular shall not establish, hold titles, positions, and manage private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives in fields previously under their responsibility.

3. The period during which individuals ceasing to hold positions while directly researching, drafting, or reviewing and approving programs, projects, and plans as specified in Clause 9 of Article 4 of this Circular shall not establish, hold titles, positions, and manage private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives is the completion period of such programs, projects, and plans.

Article 6. Implementation Provisions

1. This Circular takes effect from September 20, 2023.

2. During implementation, if there are any difficulties, agencies and units should report them to the Ministry of Construction for guidance./.