According to the law, can public employees establish private enterprises?

1. What are the characteristics of a private enterprise?

According to Article 188 of the Law on Enterprises 2020, the regulations on private enterprises are as follows:

– A private enterprise is an enterprise owned by an individual who is responsible with all of his or her own assets for all activities of the enterprise.

– A private enterprise is not allowed to issue any type of issue. any securities.

– Each individual is only allowed to establish one private enterprise. The owner of a private enterprise cannot simultaneously be the owner of a business household or a general partner of a partnership.

– Private enterprises are not allowed to contribute capital to establish or purchase shares or capital contributions in a partnership, limited liability company or joint stock company.

2. Rights of public officials to conduct business activities outside of prescribed time?

Pursuant to Article 14 of the Law on Public Employees 2010 regulating the rights of public officials to conduct business and work outside of prescribed time, accordingly, outside of prescribed time, public officials may carry out the following activities:

(1) To carry out professional activities outside the working hours specified in the working contract, unless otherwise prescribed by law.

(2) To sign service contracts with other agencies, organizations or units that are not prohibited by law but must complete assigned tasks and have the consent of the head of the public service unit.

(3) Contribute capital but do not participate in the management and operation of limited liability companies, joint stock companies, partnerships, cooperatives, private hospitals, private schools and private scientific research organizations, unless otherwise prescribed by specialized laws.

3. How are the obligations of public employees in professional activities regulated?

Article 17 of the Law on Public Employees 2010 specifically stipulates the obligations of public employees in professional activities as follows:

(1) Perform assigned work or tasks to ensure time and quality requirements.

(2)Coordinate well with colleagues in performing work or tasks.

(3)Comply with work assignments from competent people.

(4)Regularly study to improve qualifications, professional skills and expertise.

(5)When serving the people, public employees must comply with the following regulations:

– Have a polite attitude and respect for people;

– Have a cooperative spirit and humble demeanor;

– Do not be bossy, domineering, or cause difficulties or troubles for the people;

– Comply with regulations on professional ethics.

(6)Take responsibility for carrying out professional activities.

(7)Perform other obligations as prescribed by law.

4. Who is not allowed to establish a business?

Pursuant to the provisions of Clause 2, Article 17 of the Law on Enterprises 2020, regulations on the right to establish, contribute capital, buy shares, purchase capital contributions and manage enterprises are specifically as follows:

The following organizations and individuals do not have the right to establish and manage businesses in Vietnam:

– State agencies and units of the people’s armed forces use state assets to establish business enterprises to make their own profits for their agencies and units;

– Cadres, civil servants and public employees according to the provisions of the Law on Cadres and Civil Servants and the Law on Public Employees;

– Officers, non-commissioned officers, professional soldiers, workers, and defense officials in agencies and units of the Vietnam People’s Army; officers, professional non-commissioned officers, and police workers in agencies and units of the Vietnam People’s Police, except those appointed as authorized representatives to manage the State’s capital contribution in enterprises or manage state-owned enterprises;

– Leading and professional managers in state-owned enterprises as prescribed in Point a, Clause 1, Article 88 of the Law on Enterprises 2020, except those appointed as authorized representatives to manage the State’s capital contribution in other enterprises;

– Minors; people with limited civil act capacity; people who have lost their civil act capacity; people with difficulty in cognition and behavior control; organizations without legal status;

– People who are being prosecuted for criminal liability, detained, are serving prison sentences, are serving administrative measures at compulsory drug treatment facilities, compulsory education establishments or are banned by the Court from holding certain positions, practicing professions or doing certain jobs; Other cases according to the provisions of the Bankruptcy Law and the Law on Prevention and Combat of Corruption. If requested by the Business Registration Authority, the person registering to establish a business must submit a criminal record card to the Business Registration Authority;

– Organizations are commercial legal entities banned from doing business or operating in certain fields according to the provisions of the Penal Code.