Circular No. 51/2023/TT-BGTVT stipulates the list of fields and the period during which individuals with positions and authority are not allowed to establish, hold managerial and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives within the fields they previously managed after ceasing to hold positions within the scope of management of the Ministry of Transport.

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 Pursuant to Decree No. 134/2021/NĐ-CP dated December 30, 2021 of the Government amending and supplementing certain 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 Combating Corruption; The Minister of Transport hereby issues this Circular regulating 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.

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

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;

1. List of fields under the scope of management of the Ministry of Transport where 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 (hereinafter referred to collectively as enterprises and cooperatives) in the fields they previously managed after ceasing to hold their positions.

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

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.

2. Time period during which individuals with positions and authority may not establish, hold titles, managerial, and operational positions in enterprises and cooperatives in the fields they previously managed after ceasing to hold their positions.

Article 1. Scope of Regulation

This Circular stipulates on:

1. Individuals with positions and authority who cease holding positions in state agencies, organizations, units within the transportation sector under the management of the Ministry of Transport.

2. Agencies, units managing individuals with positions and authority mentioned in Clause 1 of this Article and other relevant agencies, organizations, and individuals.

Article 2. Applicability

This Circular applies to:

2. Individuals ceasing to hold positions are those with positions and authority whose termination of service, removal from office, retirement, or transfer out of the agency, organization, or unit is resolved by the competent authority.

4. Managerial and operational positions in enterprises and cooperatives as stipulated by the Enterprise Law and the Cooperative Law.

Article 3. Explanation of Terms

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

1. Persons with positions and powers are those defined in Clause 2, Article 3 of the Law on Prevention and Combating Corruption.

Article 4. List of fields under the scope of management of the Ministry of Transport where individuals with positions and authority may not establish, hold titles, managerial, and operational positions in enterprises and cooperatives in the fields they previously managed after ceasing to hold their positions

3. State agencies, organizations, and units are those defined in Clause 9, Article 3 of the Law on Prevention and Combating Corruption.

1. Planning, development policies, and regulations concerning road, railway, inland waterway, maritime, and civil aviation transport as prescribed by law.

2. Management of investment, construction, maintenance, and protection of infrastructure for road, railway, inland waterway, maritime, and civil aviation transport as prescribed by law.

3. State management of transportation vehicles, assemblies, systems, spare parts; marine exploration, exploitation, and transportation equipment; specialized loading, unloading, and construction equipment; machinery, equipment, materials with strict safety and hygiene requirements in transportation; and specialized technical equipment as prescribed by law.

4. Management of training, examination, issuance, recognition, revocation of professional licenses, certificates for vehicle operators, transportation equipment operators, and specialized personnel in transportation; inspection officers, technical inspection staff, and special category workers in the transportation sector as prescribed by law.

5. Management of road, railway, inland waterway, maritime, and civil aviation transport activities and multimodal transport.

6. State management of transportation security and safety as prescribed by law.

7. Science and technology and the environment in transportation.

8. State management of public services in the transportation sector as prescribed by law.

9. Management of enterprises wholly owned by the State; enterprises with State capital contributions within the scope of management where the Ministry of Transport acts as the representative owner.

10. Programs, projects, plans in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of this Article.

9. Management of state-owned enterprises holding 100% of the registered capital; enterprises with state shareholding within the scope of management where the Ministry of Transport acts as the representative owner.

10. Programs, projects, and plans in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of this Article.

Article 5. The period during which a person with a position or authority may not establish, hold a managerial or executive position in a business or cooperative in the field they previously managed after ceasing to hold their position

1. Within twelve months from the date of ceasing to hold their position as decided by the competent authority, a person working in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 4 of this Circular shall not establish, hold a managerial or executive position in a business or cooperative in the field they previously managed.

2. For the field specified in Clause 10 of Article 4 of this Circular, the period is the time required to complete the program, project, or proposal.

Article 6. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from April 15, 2024.

2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, the provisions of those amended, supplemented, or replaced documents shall be applied.

3. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the Directors of Bureaus under the Ministry of Transport, the Heads of agencies and units under the Ministry of Transport, and related organizations and individuals are responsible for implementing this Circular./.