| THE GOVERNMENT ---------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness --------- |
| No: 102/2007/ND-CP | Hanoi , June 14, 2007 |
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
1. This Decree specifies periods during which state cadres, civil servants and employees may not do business after they no longer hold their posts in state agencies or non-business units; and defines responsibilities of agencies and individuals in the management and grant of business registration certificates, business licenses or practice certificates (below collectively referred to as business registration certificates) and the handling of violations.
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.
2. "Persons who no longer hold their posts" are those who, when working as cadres, civil servants or employees, were assigned the study, formulation, verification or evaluation tasks, or signed or promulgated approval or management decisions or granted business registration certificates in one of the domains specified in Article 4 of this Decree according to law, and who are now subject to 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.
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.
Click Download to see full text
