Circular No. 60/2022/TT-BTC stipulates the list of fields and the period during which individuals holding positions and powers are not allowed to establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives in fields previously under their responsibility after ceasing to hold such positions within the jurisdiction of the Ministry of Finance.

CIRCULAR

Specifies the list of fields and the period during which individuals with positions and authority may not establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives in fields they previously managed after ceasing to hold their positions within the scope of the Ministry of Finance's management.

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;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the request of the Director of the Legal Department,

The Minister of Finance issues this Circular specifying the list of fields and the period during which individuals with positions and authority may not establish, hold management and operational positions in private enterprises, limited liability companies, joint-stock companies, partnerships, and cooperatives (hereinafter referred to collectively as enterprises and cooperatives) in fields they previously managed after ceasing to hold their positions within the scope of the Ministry of Finance's management.

Article 1. Scope of Regulation

This Circular applies to individuals with positions and authority who have worked at units under the Ministry of Finance; agencies and units managing individuals with positions and authority under the Ministry of Finance, and other related agencies, organizations, and individuals.

Article 2. Applicability

Article 3. Code of Conduct

1. Individuals with positions and authority who have worked in the fields specified in Article 5 of this Circular after ceasing their positions shall not establish, hold management and operational positions in enterprises and cooperatives for the period specified in Article 6 of this Circular.

2. Individuals with positions and authority are those defined in Clause 2, Article 3 of the Law on Prevention and Control of Corruption.

3. Management and operational positions in enterprises and cooperatives are as defined in the Enterprise Law and the Cooperative Law.

Implementation of the provisions regarding the period during which individuals with positions and authority may not establish, hold management and operational positions in enterprises and cooperatives in fields they previously managed after ceasing their positions shall comply with the provisions of the Law on Prevention and Control of Corruption; the Law on Public Officials and Civil Servants; the Law on State Officials; the Law Amending and Supplementing Certain Provisions of the Law on Public Officials and Civil Servants and the Law on State Officials; the Enterprise Law; the Cooperative Law, and related legal normative documents.

Article 4. Principles of Implementation

Article 5. List of Fields Where Individuals with Positions and Authority May Not Establish, Hold Management and Operational Positions in Enterprises and Cooperatives in Fields They Previously Managed After Ceasing Their Positions

The fields where individuals with positions and authority may not establish, hold management and operational positions in enterprises and cooperatives in fields they previously managed after ceasing their positions include:

1. State management of accounting and auditing.

2. State management of securities and the securities market.

3. State management of insurance.

4. State management of customs.

5. State management of prices.

6. State management of taxes, fees, charges, and other budget revenues.

7. State management of corporate finance and state capital at enterprises.

8. State management of national reserves.

9. State management of domestic and foreign borrowing, repayment, public debt, foreign debt of the country, and international aid to Vietnam and Vietnam’s aid to other countries.

10. State management of the state budget.

11. State management of state assets.

11. State management of public assets.

Article 6. Period during which persons with positions and powers are not allowed to establish, hold managerial or executive positions in enterprises or cooperatives in fields they previously managed after ceasing to hold their positions

Clause 1. Within twenty-four months from the date of ceasing to hold their positions as decided by the competent authority, persons with positions and powers working in the fields specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and Clause 9 of Article 5 of this Circular shall not establish, hold managerial or executive positions in enterprises or cooperatives in fields they previously managed.

Clause 2. Within twelve months from the date of ceasing to hold their positions as decided by the competent authority, persons with positions and powers working in the fields specified in Clause 10 and Clause 11 of Article 5 of this Circular shall not establish, hold managerial or executive positions in enterprises or cooperatives in fields they previously managed.

Article 7. Effective Date

This Circular takes effect from January 17, 2022.

Article 8. Responsibility for Implementation

Clause 1. The Ministry of Finance's Inspectorate shall take the lead and coordinate with relevant units to monitor, inspect, and urge units to implement this Circular.

Clause 2. In case of difficulties during implementation, agencies and units shall promptly report to the Ministry of Finance for research and resolution.