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CIRCULAR

LIST OF SECTORS AND PERIODS OVER WHICH PERSONS WITH CERTAIN POSITIONS AND POWERS MUST NOT ESTABLISH OR HOLD MANAGERIAL TITLES OR POSITIONS IN PRIVATE ENTERPRISES, LIMITED LIABILITY COMPANIES, JOINT-STOCK COMPANIES, PARTNERSHIPS AND COOPERATIVES IN THE SECTORS THAT THE PERSONS WERE RESPONSIBLE FOR MANAGEMENT AFTER BEING DISCHARGED FROM HOLDING THEIR POSITIONS IN THE SECTORS UNDER MANAGEMENT OF THE MINISTRY OF FINANCE.

Pursuant to the Law on Anti-Corruption dated November 20, 2018;

Pursuant to the Government’s Decree No. 59/2019/ND-CP dated July 01, 2019 on some articles and measures for implementation of the Law on Anti-Corruption.

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the request of Director General of Department of Legal Affairs;

The Minister of Finance hereby promulgates a Circular on list of sectors and periods over which persons with certain positions and powers must not establish or hold managerial titles or positions in private enterprises, limited liability companies, joint-stock companies, partnerships and cooperatives in the sectors that the persons were responsible for management after being discharged from holding their positions in the sectors under management of the Ministry of Finance.

Article 1. Scope

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Article 2. Regulated entities:

This Circular applies to persons with certain positions and powers who have worked at units under the Ministry of Finance; agencies and units that manage people with positions and powers under the Ministry of Finance and other relevant agencies, organizations and individuals.

Article 3. Code of conduct

1. The persons with positions and powers who have worked in the sectors mentioned in Article 5 of this Circular, after being discharged from holding their positions, must not establish or hold managerial titles or positions in the enterprises or cooperatives within the periods specified in Article 6 of this Circular.

2. The persons with positions and powers are persons specified in Clause 2, Article 3 of the Law on Anti-corruption.

3. The managerial titles and positions of enterprises and cooperatives shall comply with regulations of the Law on Enterprises and the Law on Cooperatives.

Article 4. Principle of implementation

The enforcement of regulations on the periods over which persons with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives in the sectors that the persons were responsible for management after being discharged from holding their positions shall comply with regulations of the Law on Anti-corruption; Law on Officials; Law on Public Employees; Law on amendments to a number of Articles of the Law on Officials and the Law on Public Employees; Law on Enterprises; Law on Cooperatives and relevant legal documents.

Article 5. List of sectors which persons with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives in the sectors that the persons were responsible for management after being discharged from holding their positions

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1. State management of accounting and auditing.

2. State management of securities and 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 state budget revenues.

7. State management of cooperate finance and management of state capital in enterprises.

8. State management of national reserve.

9. Management of borrowing, domestic and foreign debt repayment of the Government, public debt, foreign debt of the country and international aid sources for Vietnam, loans and aid from Vietnam to foreign countries.

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11. State management of public property.

Article 6. Periods over which persons with certain positions and powers must not establish or hold managerial titles or positions in enterprises or cooperatives in the sectors that the persons were responsible for management after being discharged from holding their positions

1. Within 24 months from the date on which the persons have been discharged from holding their positions under the decisions of the competent authorities, the persons with certain positions who have worked in the sectors specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and Clause 9, Article 5 of this Circular must not establish or hold managerial positions in enterprises or cooperatives in the sectors that they were responsible for management.

2. Within 12 months from the date on which the persons have been discharged from holding their positions under the decisions of the competent authorities, the persons with certain positions who have worked in the sectors specified in Clauses 10 and 11, Article 5 of this Circular must not establish or hold managerial positions in enterprises or cooperatives in the sectors that they were responsible for management.

Article 7: Entry into force

This Circular comes into force as of November 17, 2022.

Article 8. Responsibility of implementation

1. The inspectorate of the Ministry of Finance shall take charge and cooperate with relevant units in monitoring, inspecting and urging units to implement this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for consideration./.

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PP. MINISTER
DEPUTY MINISTER




Vo Thanh Hung