THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
102/2007/ND-CP
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Hanoi
, June 14, 2007
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DECREE
SPECIFYING
PERIODS DURING WHICH CADRES, CIVIL SERVANTS AND EMPLOYEES MAY NOT DO BUSINESS
IN THE DOMAINS UNDER THEIR PREVIOUS MANAGEMENT
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Corruption Prevention and Fighting;
Pursuant to the February 26, 1998 Ordinance on Officials and Public Employees,
the April 28, 2000 Ordinance Amending and Supplementing a Number of Articles of
the Ordinance on Officials and Public Employees, and the April 29, 2003
Ordinance Amending and Supplementing a Number of Articles of the Ordinance on
Officials and Public Employees;
At the proposal of the Minister of Home Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope and subjects of application
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2. This Decree applies to
cadres, civil servants and employees who no longer hold their posts under
competent agencies', organizations' or units' decisions to allow them to
discontinue their jobs or discipline them in the form of dismissal, retirement
or transfer from state agencies or non-business units, including:
a/ Cadres, civil servants and
employees defined in Clause 1, Article 1 of the April 29, 2003 Ordinance
Amending and Supplementing a Number of Articles of the Ordinance on Officials
and Public Employees;
b/ Cadres, civil servants and
employees who are seconded to work in state economic organizations, social
organizations or socio-political organizations.
The subjects defined in Clause 2
of this Article are below collectively referred to as persons who no longer
hold their posts.
Article 2.- Objectives
of the specification of business-ineligible periods
The specification of periods
during which persons who no longer hold their posts may not do business in the
domains under their previous management aims to prevent these persons from
abusing their tasks or powers in the domains under their previous management
assigned by competent agencies, organizations or units to seek benefits for
themselves and their families, thus causing loss of state property or harming
the lawful interests of other organizations or individuals.
Article 3.-
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. "Business
ineligibility" means that persons who no longer hold their posts may
neither set up nor participate in setting up, managing or administering private
enterprises, limited liability companies, joint-stock companies, partnerships,
cooperatives, private hospitals, private schools or private scientific research
organizations in the domains specified in Article 4 of this Decree.
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3. "Business-ineligible
period" is a period from the time a person who no longer holds his/her
post receives a competent agency's, organization's or unit's decision to allow
his/her to discontinue his/her job or discipline him/her in the form of
dismissal, retirement or transfer from a state agency or non-business unit to
the time of expiration of the period set for each domain specified in Article 5
of this Decree.
Chapter II
DOMAINS IN WHICH
BUSINESS-INELIGIBLE PERIODS ARE SPECIFIED
Article 4.- Domains in
which business-ineligible periods are specified
Domains under the previous
management of persons who no longer hold their posts defined in Clause 2,
Article 1 of this Decree in which business-ineligible periods are specified
fall into the following groups:
1. Group 1, covering the domains
under the management of the following ministries and branches:
a/ The Ministry of Planning and
Investment;
b/ The Ministry of Finance;
c/ The Ministry of Trade;
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e/ The State Bank of Vietnam.
2. Group 2, covering the domains
under the management of the following ministries and branches:
a/ The Ministry of Post and
Telematics;
b/ The Ministry of Industry;
c/ The Ministry of Transport;
d/ The Ministry of Labor, War
Invalids and Social Affairs;
e/ The Ministry of Agriculture
and Rural Development;
f/ The Ministry of Natural
Resources and Environment;
g/ The Ministry of Fisheries;
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i/ The Vietnam National
Administration of Tourism.
3. Group 3, covering the domains
under the management of the following ministries and branches:
a/ The Ministry of Education and
Training;
b/ The Ministry of Science and
Technology;
c/ The Ministry of Culture and
Information;
d/ The Ministry of Health;
e/ The Committee for Physical
Training and Sports;
f/ The Vietnam Social Insurance.
4. Group 4, including programs
and projects which were studied, formulated, evaluated or approved directly by
persons who no longer hold their posts when they worked as cadres, civil
servants or employees.
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Article 5.-
Business-ineligible periods
Business-ineligible periods for
persons who no longer hold their posts in the domains specified in Article 4 of
this Decree are prescribed as follows:
1. Between 12 and 24 months, for
group 1, covering the domains specified in Clause 1, Article 4 of this Decree;
2. Between 12 and 18 months, for
group 2, covering the domains specified in Clause 2, Article 4 of this Decree;
3. Between 6 and 12 months, for
group 3, covering the domains specified in Clause 3, Article 4 of this Decree;
4. For group 4, covering the
domains specified in Clause 4, Article 4 of this Decree, the
business-ineligible period is the duration for completion of a program or
project. For a program or project with an execution duration of over 5 years,
such period is counted from the time a person who no longer holds his/her post
receives the competent agency's decision to allow him/her to discontinue his/her
job or discipline him/her in the form of dismissal, retirement or transfer from
a state agency or non-business unit to the time that program or project has
been executed for at least 36 months.
The Minister of Home Affairs
shall assume the prime responsibility for, and coordinate with other ministers
and heads of agencies in specifying business-ineligible periods for persons who
no longer hold their posts for the groups specified in this Article.
Chapter III
RESPONSIBILITIES OF AGENCIES
COMPETENT TO GRANT BUSINESS REGISTRATION CERTIFICATES AND OF PERSONS WHO NO
LONGER HOLD THEIR POSTS
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1. Agencies competent to grant
business registration certificates shall grant licenses to persons who no
longer hold their posts under Articles 4 and 5 of this Decree and the
provisions of law.
2. Agencies competent to grant
business registration certificates shall refuse to grant licenses to persons
who no longer hold their posts who violate the provisions regarding
business-ineligible domains and periods specified in Articles 4 and 5 of this
Decree.
3. Agencies competent to grant
business registration certificates shall revoke business registration
certificates if detecting that persons who no longer hold their posts are
licensed in business domains or within business-ineligible periods in
contravention of this Decree.
Article 7.-
Responsibilities of persons who no longer hold their posts
1. Persons who no longer hold
their posts in the domains specified in Article 4 of this Decree may do
business only after the expiration of the periods specified in Article 5 of
this Decree.
2. When a grantee of business
registration certificate detects that business domains and periods are incompliant
with this Decree, he/she shall promptly report thereon to the agency competent
to grant business registration certificates for inspection and handling in
accordance with law.
Chapter IV
HANDLING OF VIOLATIONS
Article 8.- For agencies
competent to grant business registration certificates
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Article 9.-
For persons who no longer hold their posts
Persons who no longer hold their
posts who violate the provisions of this Decree or relevant legal documents
shall, depending on the nature and severity of their violations, be handled
according to law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 10.-
Implementation effect
This Decree takes effect 15 days
after its publication in "CONG BAO."
Article 11.-
Responsibility to guide implementation
1. The Minister of Home Affairs
shall assume the prime responsibility for, and coordinate with other ministers,
heads of ministerial-level agencies and heads of government-attached agencies
in, guiding the implementation of this Decree.
2. Heads of other state agencies
(the State President's Office, the National Assembly Office, the Office of the
Central Anti-Corruption Steering Committee, the State Audit, People's Courts
and People's Procuracies at all levels, Military Courts and Military
Procuracies at all levels) shall guide and inspect the implementation of this
Decree at agencies and units under their management.
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Article 12.-
Implementation responsibility
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial/municipal People's Committees, state non-business units, and
concerned agencies, organizations and individuals shall implement this Decree
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung