Decree No. 102/2007/ND-CP stipulates the period during which former officials, civil servants, and public employees may not engage in business activities in fields they were responsible for managing after leaving their positions.

DECREE

Specifies the period during which individuals may not engage in business in fields

for which they were responsible for managing as officials,

civil servants, or public employees after ceasing to hold their positions

___________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Anti-Corruption Law dated November 29, 2005;

Pursuant to the Civil Servant Ordinance dated February 26, 1998; the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance dated April 28, 2000, and the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance dated April 29, 2003;

Considering the proposal of the Minister of Home Affairs.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the period during which state officials, civil servants, and public employees may not engage in business after ceasing to hold their positions in state agencies and public institutions; it also specifies the responsibilities of agencies and individuals in managing and issuing business registration certificates, business licenses, and professional practice certificates (hereinafter referred to collectively as business registration certificates), and handling violations.

2. This Decree applies to state officials, civil servants, and public employees who cease to hold their positions and have their termination benefits resolved by competent authorities, those disciplined with compulsory termination, those retired, or those transferred out of state agencies and public institutions, including:

a) State officials, civil servants, and public employees as defined in Clause 1, Article 1 of the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance dated April 29, 2003;

b) State officials, civil servants, and public employees seconded to work at state economic organizations, social organizations, and occupational social organizations.

The subjects specified in Clause 2 of this Article shall be collectively referred to as those who cease to hold their positions.

Article 2. Objectives of specifying the period during which individuals may not engage in business

The objectives of specifying the period during which individuals may not engage in business in fields for which they were responsible for managing as officials who cease to hold their positions aim to prevent and deter such individuals from exploiting their former duties and powers to benefit themselves and their families, causing loss of state assets, and damaging the legitimate interests of other organizations and individuals.

Article 3. Explanation of Terms

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

1. "May not engage in business" means that individuals who cease to hold their positions may not establish, participate in establishing, or manage and operate private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, private hospitals, private schools, and private scientific research organizations in the fields specified in Article 4 of this Decree.

2. "Individuals who cease to hold their positions" are those who, while serving as officials, civil servants, or public employees tasked with researching, drafting, reviewing, or approving decisions on management, issuance of business registration certificates regarding any of the fields specified in Article 4 of this Decree according to the law, have had their termination benefits resolved by competent authorities, been disciplined with compulsory termination, retired, or transferred out of state agencies and public institutions., 3. "Period during which individuals may not engage in business" is the time from when individuals who cease to hold their positions receive a decision from competent authorities resolving their termination benefits, disciplinary action with compulsory termination, retirement, or transfer out of state agencies and public institutions until the end of the period specified for each field under Article 5 of this Decree.

FIELDS WITH SPECIFIED PERIODS

Chapter II

DURING WHICH INDIVIDUALS MAY NOT ENGAGE IN BUSINESS

PROHIBITED FROM CONDUCTING BUSINESS

Article 4. Fields with Prohibition Periods on Business Operations

The fields that individuals who previously held positions as specified in Clause 2, Article 1 of this Decree were responsible for managing include those with prohibition periods on business operations, including:

1. Group 1 includes fields under the following Ministries and sectors:

a) Ministry of Planning and Investment;

b) Ministry of Finance;

c) Ministry of Commerce;

d) Ministry of Justice;

đ) State Bank of Vietnam.

2. Group 2 includes fields under the following Ministries and sectors:

a) Ministry of Posts and Telecommunications;

b) Ministry of Industry;

c) Ministry of Transport;

d) Ministry of Labor, Invalids and Social Affairs;

đ) Ministry of Agriculture and Rural Development;

e) Ministry of Natural Resources and Environment;

g) Ministry of Fisheries;

h) Ministry of Construction;

i) Tourism General Department.

3. Group 3 includes fields under the following Ministries and sectors:

a) Ministry of Education and Training;

b) Ministry of Science and Technology;

c) Ministry of Culture and Information;

d) Ministry of Health;

đ) Sports Management Committee;

e) Vietnam Social Security.

4. Group 4 includes programs and projects directly researched, developed, or reviewed/approved by individuals who previously held positions when they were civil servants or public officials.

The Minister of Home Affairs shall take the lead and coordinate with other Ministers and Heads of agencies to specify the detailed list of fields as stipulated in this Article for individuals who have ceased holding positions.

Article 5. Prohibition Periods on Business Operations

The prohibition periods on business operations for individuals who have ceased holding positions in the fields specified in Article 4 of this Decree are as follows:

1. For Group 1, which includes the fields specified in Clause 1, Article 4 of this Decree, the period is from twelve to twenty-four months;

2. For Group 2, which includes the fields specified in Clause 2, Article 4 of this Decree, the period is from twelve to eighteen months;

3. For Group 3, which includes the fields specified in Clause 3, Article 4 of this Decree, the period is from six to twelve months;

4. For Group 4, which includes the fields specified in Clause 4, Article 4 of this Decree, the period is until completion of the program/project. For programs/projects with implementation periods exceeding five years, the prohibition period begins from the date the individual ceases holding position and receives a decision from the competent authority to resolve retirement benefits or is dismissed or transferred out of state agencies or state-owned enterprises, and lasts until at least thirty-six months after the start of the program/project.

The Minister of Home Affairs shall take the lead and coordinate with other Ministers and Heads of agencies to specify the prohibition periods on business operations for individuals who have ceased holding positions within each group as stipulated in this Article.

Chapter III

RESPONSIBILITIES OF COMPETENT AUTHORITIES ISSUING BUSINESS REGISTRATION CERTIFICATES AND INDIVIDUALS WHO HAVE CEASED HOLDING POSITIONS

Article 6. Responsibilities of Competent Authorities Issuing Business Registration Certificates

1. Competent authorities issuing business registration certificates shall implement licensing procedures for individuals who have ceased holding positions according to Articles 4 and 5 of this Decree and relevant laws.

2. Competent authorities issuing business registration certificates shall refuse to issue licenses to individuals who have ceased holding positions if they violate the provisions on fields and prohibition periods on business operations as stipulated in Articles 4 and 5 of this Decree.

3. Competent authorities issuing business registration certificates shall be responsible for revoking business registration certificates when they discover that the fields and prohibition periods on business operations granted to individuals who have ceased holding positions do not comply with the provisions of this Decree.

Article 7. Responsibilities of individuals ceasing to hold office

1. Individuals ceasing to hold office in fields specified in Article 4 of this Decree may engage in business only after the period specified in Article 5 of this Decree has expired.

2. In cases where the individual who has been issued a business registration certificate discovers that the field of business and the period do not comply with the provisions of this Decree, they must promptly report to the competent authority issuing the business registration certificate for inspection and handling in accordance with the law.

Chapter IV

HANDLING VIOLATIONS

Article 8. Regarding the competent authority issuing business registration certificates

Individuals issuing business registration certificates who violate the provisions of this Decree and other related legal documents shall be subject to disciplinary action or held accountable according to the law depending on the nature and severity of the violation.

Article 9. Regarding individuals ceasing to hold office

Individuals ceasing to hold office who violate the provisions of this Decree and other related legal documents shall be held accountable according to the law depending on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 11. Responsibility for guiding implementation

1. The Minister of Home Affairs shall take the lead and coordinate with the Ministers, Heads of agencies at the ministerial level, and Heads of government agencies to guide the implementation of this Decree.

2. The heads of other state agencies (Office of the President; Office of the National Assembly; Central Steering Committee for Anti-Corruption; State Audit Agency; People's Courts; Procuratorates at all levels, Military Courts, Military Procuratorates at all levels) shall guide and supervise the implementation of this Decree within their managed agencies and units.

3. The competent authorities of political organizations shall base on the provisions of this Decree and the specific list of fields with non-business periods to guide the application for individuals ceasing to hold office in political organizations and political-social organizations.

Article 12. Responsibility for Implementation

Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, state-run public service units, relevant agencies, organizations, and individuals are responsible for implementing this Decree./.