Circular No. 12/2024/TT-BKHĐT stipulates the list of fields and the period during which individuals holding positions and powers are not allowed to establish, hold titles, managerial, and executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions under the management of the Ministry of Planning and Investment after ceasing their duties.

CIRCULAR

Regulations on the list of fields and time periods during which individuals with positions and authorities are not allowed to establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions after leaving their positions under the jurisdiction of the Ministry of Planning and Investment

Law on Prevention and Combating Corruption dated November 20, 2018;

Government Decree No. 01/2019/ND-CP dated July 1, 2019 detailing certain provisions and implementation measures;

Government Decree No. 30/2021/ND-CP dated December 30, 2021 amending and supplementing certain articles of the Government Decree.

The Minister of Planning and Investment issues this Circular to regulate the list of fields and time periods during which individuals with positions and authorities are not allowed to establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions in fields they previously managed after leaving their positions under the jurisdiction of the Ministry of Planning and Investment.

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Pursuant toThis Circular regulates the list of fields and time periods during which individuals with positions and authorities are not allowed to establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions in fields they previously managed after leaving their positions in areas under the jurisdiction of the Ministry of Planning and Investment.This Circular applies to individuals with positions and authorities after leaving their positions at state agencies, organizations, units under the jurisdiction of the Ministry of Planning and Investment, and other related agencies, organizations, and individuals involved in preventing and combating corruption.

Pursuant to Decree No.Notification.Article 2. Individuals holding management and operational positions in private enterprises, limited liability companies, joint-stock companies, and partnerships are business managers as defined in Clause 24, Article 4 of the Enterprise Law.This Circular regulates the list of fields and time periods during which individuals with positions and authorities are not allowed to establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions in fields they previously managed after leaving their positions in areas under the jurisdiction of the Ministry of Planning and Investment. and Decree No. includesArticle 3. Individuals holding management and operational positions in cooperatives and cooperative unions are determined according to the provisions of Articles 56, 65, 67, 68, and 69 of the Cooperative Law.Notification.Article 2. Individuals holding management and operational positions in private enterprises, limited liability companies, joint-stock companies, and partnerships are business managers as defined in Clause 24, Article 4 of the Enterprise Law.This Circular regulates the list of fields and time periods during which individuals with positions and authorities are not allowed to establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions in fields they previously managed after leaving their positions in areas under the jurisdiction of the Ministry of Planning and Investment.;

Pursuant to Decree No.Decision No. 1269/QĐ-TTgdated October 2, 2019 of the Prime Minister on the establishment of the National Innovation and Creativity Center;

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 implementation of regulations regarding the time periods during which individuals with positions and authorities are not allowed to establish, hold management and operational positions in businesses, cooperatives, and cooperative unions in fields they previously managed after leaving their positions shall comply with the provisions of the Law on Prevention and Combating Corruption; the Law on Public Officials and Civil Servants; the Law on Civil Servants; the Law Amending and Supplementing Certain Provisions of the Law on Public Officials and Civil Servants and the Law on Civil Servants; the Enterprise Law; the Cooperative Law; and related legal normative documents.

Article 1. Scope of Regulation

Article 5. List of fields where individuals with positions and authorities are not allowed to establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions after leaving their positions

Article 2. Applicability

The list of fields where individuals with positions and authorities are not allowed to establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions in fields they previously managed after leaving their positions includes:

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.

1. State management of foreign investment.

2. State management of investment promotion.

Article 4. Principles of Implementation

3. State management of project appraisal.

4. State management of public procurement.

5. State management of budget planning, allocation, and control.

6. State management of planning.

7. State management of industrial zones, export processing zones, and economic zones.

8. State management of enterprise development and business registration.

9. State management of ODA, concessional loans, non-refundable aid not included in official development assistance, and Vietnam's aid to other countries.

10. State management of cooperatives, cooperative unions, collective economies, and cooperative economies.

11. State management of statistics.

12. Programs, projects, and plans directly researched, developed, or reviewed and approved by individuals who left their positions while serving as public officials, civil servants, or civil servants in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this Article.

8. State management of enterprise development and business registration.

9. State management of ODA, preferential loans, non-refundable aid not falling under official development assistance, and Vietnam's aid to other countries.

10. State management of cooperatives, cooperative unions, collective economy, and cooperative economy.

11. State management of statistics.

12. Programs, projects, and plans directly researched, developed, or reviewed and approved by individuals who held positions as officials, civil servants, or public employees in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this Article.

Article 6. Period during which persons holding positions and powers are not allowed to establish or hold managerial and executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions after ceasing their positions

1. Within twenty-four months from the date of ceasing their positions and powers pursuant to the decision of the competent authority, persons holding positions and powers working in fields specified from Clause 1 to Clause 11 of Article 5 shall not be allowed to establish or hold managerial and executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions in the field they were previously responsible for managing.

2. The period during which persons who cease holding positions when they are directly involved in researching, drafting, or reviewing and approving Programs, projects, and plans as stipulated in Clause 12 of Article 5 are not allowed to establish or hold managerial and executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, and cooperative unions is the period until the completion of such programs, projects, and plans.

Article 7. Implementation Provisions

1. This Circular takes effect from August 16, 2024.

2. The Inspectorate of the Ministry of Planning and Investment shall take the lead and coordinate with relevant units to monitor, inspect, and urge units to implement this Circular.

3. During the implementation process, if there are any difficulties or new issues arise, agencies, organizations, and individuals should report them to the Ministry of Planning and Investment for consideration and guidance.