This Circular stipulates the list of fields under the management of the Ministry of Information and Communications where individuals holding positions and powers in those fields shall not establish, hold titles, managerial or executive positions in enterprises or cooperatives within the same field after ceasing to hold such positions. The prohibition period depends on their previous position.
Đối tượng áp dụng
Individuals holding positions and powers at state agencies, organizations, units under the management of the Ministry of Information and Communications
Các điểm cốt lõi
- Individuals who do not hold leadership or management positions shall not establish/private enterprises/cooperatives in the field they previously managed for twelve months from the date of ceasing authority (Article 5.1).
- Individuals holding leadership or management positions shall not establish/private enterprises/cooperatives in the field they previously managed for twenty-four months from the date of ceasing such positions (Article 5.2).
- Officials, civil servants, and employees directly involved in researching, developing, or reviewing and approving programs, projects, and proposals shall not establish/private enterprises/cooperatives in the field they previously managed until completion of the program, project, or proposal (Article 5.3).
- The list of fields includes journalism, publishing, printing and distribution, broadcasting, television, electronic information, foreign information, grassroots information, postal services, telecommunications, radio frequency spectrum, information technology industry, information technology application, digital transformation, cybersecurity, electronic transactions, and state-owned enterprise management (Article 4).
- Individuals holding positions and powers under the management of the Ministry of Information and Communications must comply with the prohibition period for establishing/private enterprises/cooperatives in the field they previously managed.
🌐 Tác động xã hội từ văn bản này
- To prevent the abuse of positions to participate in business activities related to the management of the Ministry of Information and Communications.
- To create a fairer competitive environment for private enterprises in fields under the management of the Ministry.
- Challenges for individuals holding positions and powers when wanting to engage in business immediately after leaving their posts.
❓ Câu hỏi thường gặp
How long must individuals not holding leadership or management positions comply with the prohibition period?
Twelve months from the date of ceasing authority according to the decision of the competent authority (Article 5.1).
How long must individuals holding leadership or management positions comply with the prohibition period?
Twenty-four months from the date of ceasing such positions according to the decision of the competent authority (Article 5.2).
Individuals directly involved in researching, developing, or reviewing and approving programs, projects, and proposals must comply with the prohibition period for how long?
Until completion of the program, project, or proposal (Article 5.3).
What does the list of fields under the management of the Ministry of Information and Communications include?
It includes journalism, publishing, printing and distribution, broadcasting, television, electronic information, foreign information, grassroots information, postal services, telecommunications, radio frequency spectrum, information technology industry, information technology application, digital transformation, cybersecurity, electronic transactions, and state-owned enterprise management (Article 4).
When does this Circular take effect?
October 15, 2024.
Toàn văn
|
MINISTRY SIGNATUREMR. INFORMATION AND COMMUNICATION TRED
Number: 09/2024/TT-BTTTT |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happinessspecialized agency under the People's Committee of the province/city.
Hanoi, August 30, 2024 |
CIRCULAR
REGULATING THE LIST OF SECTORS AND PERIODS DURING WHICH PERSONS WITH POSITIONS AND POWERS ARE NOT ALLOWED TO ESTABLISH, HOLD MANAGEMENT OR OPERATIONAL POSITIONS IN PRIVATE COMPANIES, LIMITED LIABILITY COMPANIES, JOINT-STOCK COMPANIES, LIMITED PARTNERSHIP COMPANIES, AND COOPERATIVES AFTER RESIGNING FROM THEIR POSITIONS UNDER THE MANAGEMENT OF THE MINISTRY OF INFORMATION AND COMMUNICATION
Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;
BASED ON Decree No. 59/2019/ND-CP dated July 1, 2019 of the Government detailing certain provisions and implementing measures of the Law on Prevention and Combating Corruption; Decree No. 134/2021/ND-CP dated December 30, 2021 of the Government amending and supplementing certain articles of Decree No. 59/2019/ND-CP dated July 1, 2019;
Pursuant to Decree No. 48/2022/NĐ-CP dated July 26, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;
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 Information and Communications issues this Circular regulating the list of sectors under the management of the Ministry of Information and Communications and the periods during which persons with positions and powers in those sectors, after resigning from their positions and powers, are not allowed to establish, hold management or operational positions in private companies, limited liability companies, joint-stock companies, limited partnership companies, and cooperatives (hereinafter referred to collectively as enterprises and cooperatives) in the sectors they previously managed.
Article 1. Scope of Regulation
This Circular regulates the list of sectors under the management of the Ministry of Information and Communications and the periods during which persons with positions and powers in those sectors, after resigning from their positions and powers, are not allowed to establish, hold management or operational positions in private companies, limited liability companies, joint-stock companies, limited partnership companies, and cooperatives (hereinafter referred to collectively as enterprises and cooperatives) in the sectors they previously managed.
Article 2. Applicability
This Circular applies to persons with positions and powers who have resigned from their positions and powers in state agencies, organizations, units under the management of the Ministry of Information and Communications and other related agencies, organizations, and individuals.
Article 3. Explanation of Terms
1. Persons with positions and powers are those defined in Clause 2, Article 3 of the Law on Prevention and Combating Corruption.
2. Persons who resign from their positions and powers are persons with positions and powers who are resolved by competent agencies, organizations, and units to terminate employment, retire, be disciplined with the measure of forced resignation, or transferred out of the agency, organization, or unit.
3. State agencies, organizations, and units are those defined in Clause 9, Article 3 of the Law on Prevention and Combating Corruption.
4. Management and operational positions in enterprises and cooperatives are defined according to the Enterprise Law, the Cooperative Law, and related guiding documents.
Article 4. List of sectors under the management of the Ministry of Information and Communications where persons with positions and powers in those sectors, after resigning from their positions and powers, are not allowed to establish, hold management or operational positions in enterprises and cooperatives in the sectors they previously managed
1. Press.
2. Publishing, printing, and distribution.
3. Radio and television.
4. Electronic information.
5. Foreign information.
6. Basic information.
7. Postal services.
8. Telecommunications.
9. Radio frequency spectrum.
10. Information technology industry.
11. Information technology application and digital transformation.
12. Cybersecurity.
13. E-commerce.
14. State-owned enterprise management by the Ministry of Information and Communications as the representative owner.
15. Programs, projects in the fields and tasks specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 of this Article, which were directly researched, developed, or reviewed and approved by persons who resigned from their positions and powers while serving as civil servants or public officials.
Article 5. The period during which persons holding positions and powers in the field specified under the management scope of the Ministry of Information and Communications shall not establish, hold managerial or executive positions in enterprises or cooperatives in the previous field they were responsible for managing after ceasing to hold such positions and powers.
1. For those who do not hold leadership or management positions, the period during which they shall not establish, hold managerial or executive positions in enterprises or cooperatives in the previous field they were responsible for managing as stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of Article 4 of this Circular is twelve months from the date of ceasing authority according to the decision of the competent authority.
2. For those holding leadership or management positions, the period during which they shall not establish, hold managerial or executive positions in enterprises or cooperatives in the previous field they were responsible for managing as stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of Article 4 of this Circular is twenty-four months from the date of ceasing to hold such positions according to the decision of the competent authority.
3. For officials, civil servants, and employees directly involved in researching, developing, or reviewing and approving programs, projects, and proposals as stipulated in Clause 15 of Article 4 of this Circular, the period is until completion of the program, project, or proposal.
Article 6. Implementation Provisions
1. This Circular takes effect from October 15, 2024.
2. The Inspectorate of the Ministry of Information and Communications shall take the lead and coordinate with relevant agencies and units to monitor and inspect the implementation of this Circular.
3. During the implementation process, if there are any difficulties, agencies and units shall report to the Ministry of Information and Communications for guidance./.
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THE MINISTER (Signed)
Nguyen Manh Hung |
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