Legal document newsletter week 09/09/2023

On August 1, 2023, the Ministry of Construction issued Circular 05/2023/TT-BXD regulating the list of fields and the period when people with positions and powers are not allowed to establish or hold positions or management positions. Managing and operating Private Enterprises, Limited Liability Companies, Joint Stock Companies, Partnerships, and Cooperatives after resigning from positions under the management of the Ministry of Construction, effective from September 20 September 2023.  

Regarding restricted fields : Article 4 of Circular 05/2023/TT-BXD stipulates 09 fields where people holding positions under the Ministry of Construction are restricted from establishing businesses when resigning, including: 

1. Construction planning and architecture. 

2. Construction investment activities. 

3. Urban development. 

4. Technical infrastructure. 

5. Housing, offices and real estate market. 

6. Construction materials. 

7. Science and technology in the field of construction. 

8. Management of enterprises with 100% charter capital held by the State. 

9. Programs, projects and schemes in the fields from Clauses 1 to 7 above. 

Regarding the restriction period : Persons holding positions under the Ministry of Construction are not allowed to establish, hold titles, management positions, or operate enterprises after leaving their positions: 

  • Within 24 months from the date of resignation according to the decision of the competent authority, people with positions and powers working in the fields specified in Clauses 1 to 6.  
  • Within 12 months from the date of resignation according to the decision of the competent authority, the person with the position and authority to work in the field specified in Clauses 7 and 8. 
  • The period of not being allowed to establish, hold a title, management position, or operate a private enterprise, limited liability company, joint stock company, partnership, or cooperative for a person who resigns from his or her position when currently working as an officer, civil servant or public employee directly researching, developing or appraising and approving the Program, project or scheme specified in Clause 9 above is the deadline for completing the program or project. scheme .