Can public servant open a company for business?

Tue, 24 May 2022 09:23:00  |  Print  |  Email   Share:

Readers with email phananh01xxx@gmail.com sent an email to the Legal Counseling Office of Lao Dong newspaper to ask: I am an officer working at a public non-business unit under a working contract. Can I open my own company for business?

Lawyer Nguyen Thi Thu Phuong, YouMe Law Firm replied:
 
In Clause 1 and Point b) Clause 2, Point b) Clause 3, Article 17 of the Law on Enterprises 2020, the right to establish, contribute capital, buy shares, purchase contributed capital and manage enterprises as follows:
 
1. Organizations and individuals have the right to establish and manage enterprises in Vietnam according to the provisions of this Law, except for the case specified in Clause 2 of this Article.
 
2. The following organizations and individuals do not have the right to establish and manage enterprises in Vietnam: b) Cadres, civil servants and public employees according to the provisions of the Law on Cadres and Public Officials and the Law on Public Employees.
3. Organizations and individuals have the right to contribute capital, purchase shares or purchase capital contributions to joint-stock companies, limited liability companies and partnerships in accordance with this Law, except for the following cases: b) Subjects not allowed to contribute capital to enterprises according to the provisions of the Law on Cadres and Public Officials, the Law on Public Officials, and the Law on Prevention and Combating of Corruption.
 
Clause 3, Article 14 of the Law on Public Employees 2010 stipulates the rights of public employees in business activities and working overtime as follows: To contribute capital but not participate in the management and administration of limited liability companies. limited liability companies, joint stock companies, partnerships, cooperatives, private hospitals, private schools and private scientific research organizations, unless otherwise provided for by specialized laws.
 
Pursuant to the above provisions, public employees are not entitled to establish, manage and operate enterprises, but may contribute capital to limited liability companies, joint stock companies, partnerships, cooperatives, etc. private hospitals, private schools and private scientific research organizations in accordance with the Law on Public Employees and other specialized laws.
 
Legal advice
 
Please call the hotline for legal advice: 0979310518; 0961360559 to get a quick, timely reply or email us:
 
tuvanphapluat@laodong.com.vn for a reply.
 
The column is made with the support from YouMe Law Firm.

By: Translator: LeAnh-Bizic

Source: https://laodong.vn/tu-van-phap-luat/vien-chuc-co-duoc-mo-cong-ty-de-kinh-doanh-khong-1039627.ldo

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