Circular No. 48/2023/TT-BCT stipulates the list of sectors under the management of the Ministry of Industry and Trade and the period during which individuals holding positions and authorities in those sectors shall not establish, hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives after leaving their positions.

CIRCULAR

Specifies the list of areas under the management of the Ministry of Industry and Trade and the period during which individuals holding positions and powers in those areas may not establish, hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives after ceasing to hold such positions and powers.Pursuant to the Civil Servants Law dated November 13, 2008; the Law Amending and Supplementing Certain Articles of the Civil Servants Law and the Public Servants Law dated November 25, 2019;

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

Pursuant to the Enterprise Law dated June 17, 2020; the Law Amending and Supplementing Certain Articles of the Public Investment Law, the Public-Private Partnership Investment Law, the Investment Law, the Housing Law, the Bidding Law, the Electricity Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Law dated January 11, 2022 (hereinafter referred to as the Enterprise Law);

Details certain provisions and measures for implementing the Anti-Corruption Law; Decree No. 134/2021 Details certain provisions and measures for implementing the Anti-Corruption Law;;

Decree No. 59/2019/NĐ-CP dated 01 the 7 year 2019 of the Government stipulating of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;;

On the basis of Specifies the list of areas under the management of the Ministry of Industry and Trade and the period during which individuals holding positions and powers in those areas may not establish, hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives after ceasing to hold such positions and powers./NĐ-CP dated 30 the 12 year 2021 of the Government amending and supplementing certain Articles of Government Decree No. 59/2019/NĐ-CP dated 01 the 7 year 2019 of the Government stipulating This Circular specifies the list of areas under the management of the Ministry of Industry and Trade and the period during which individuals holding positions and powers in those areas may not establish, hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnerships, or cooperatives (hereinafter collectively referred to as enterprises or cooperatives) after ceasing to hold such positions and powers.

Decree No. 96/2022/NĐ-CP dated 29 the 11 year 2022 This Circular applies to individuals holding positions and powers in areas listed in Article 4 of this Circular after ceasing to hold such positions and powers at state agencies, organizations, units within the industry and trade sector; state agencies, organizations, units managing individuals holding positions and powers in the industry and trade sector, and other related agencies, organizations, and individuals. 2. Individuals holding managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, or partnerships are enterprise managers as defined in Clause 24, Article 4 of the Enterprise Law.

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.

4. Supplement Clause 7 following Clause 6 Article 2 as follows: q3. Individuals holding managerial or executive positions in cooperatives are determined according to the Cooperative Law.

Article 1. Scope of Regulation

4. Individuals ceasing to hold positions and powers are those holding positions and powers in one of the areas specified in Article 4 of this Circular, who have been resolved by competent authorities on retirement, resignation, or disciplinary action leading to dismissal or transfer out of state agencies or public service establishments.

Article 2. Applicability

Article 4. List of areas under the management of the Ministry of Industry and Trade, individuals holding positions and powers in those areas may not establish, hold managerial or executive positions in enterprises or cooperatives after ceasing to hold such positions and powers

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.

The areas where individuals holding positions and powers may not establish, hold managerial or executive positions in enterprises or cooperatives after ceasing to hold such positions and powers include:

1. Domestic trade.

2. Import and export.

3. Trade promotion.

4. Industry.

5. Energy.

6. Chemicals.

7. Competition and consumer protection.

8. Market management.

9. Management of enterprises with state ownership exceeding 50% of charter capital.

10. Programs, projects, and plans in the areas specified in Clauses 1, 2, 3, 4, 5, 6, 7, and 8 of this Article.

7. Competition and consumer protection.

8. Market management.

9. Management of state-owned enterprises holding more than 50% of the registered capital.

10. Programs, projects, and plans in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, and 8 of this Article.

Article 5. The period during which individuals holding positions and powers listed in the scope of management under the Ministry of Industry and Trade shall not establish, hold managerial or executive titles or positions in enterprises or cooperatives after ceasing to hold such positions and powers.

1. The period during which individuals who do not hold leadership or management positions in areas specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 4 of this Circular shall not establish, hold managerial or executive titles or positions in enterprises or cooperatives is twelve months from the date they cease to hold their positions and powers according to the decision of the competent authority.

2. The period during which individuals who hold leadership or management positions in areas specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 4 of this Circular shall not establish, hold managerial or executive titles or positions in enterprises or cooperatives is twenty-four months from the date they cease to hold their positions and powers according to the decision of the competent authority.

3. The period during which individuals who cease to hold positions and powers primarily responsible for or participating in researching, drafting, or reviewing and approving Programs, projects, or plans as stipulated in Clause 10 of Article 4 of this Circular shall not establish, hold managerial or executive titles or positions in enterprises or cooperatives is determined according to Point d, Clause 1 of Article 23 of Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and implementing measures of the Law on Prevention and Combating Corruption.

Article 6. Effectiveness and Responsibility for Implementation

- Office of the President, Office of the General Secretary,

2. In cases where the referenced documents in this Circular are replaced or amended, implementation shall be carried out according to the replacing or amending document.

3. The Inspectorate of the Ministry of Industry and Trade shall take the lead and coordinate with relevant units to monitor, inspect, and urge units to implement this Circular.

4. During the implementation process, if there are any difficulties, agencies and units shall report to the Ministry of Industry and Trade (through the Cadre and Civil Servant Affairs Department) for research and resolution.