May a Contract Lecturer Practice as an Asset Management Officer?

A contract lecturer may practice as an asset management officer if they fully satisfy the conditions in Article 12 of the Law on Recovery and Bankruptcy 2025 (No. 142/2025/QH15) and do not fall under the prohibited cases in Article 14. The key point: a person teaching under an ordinary labor contract or service contract is not an official, civil servant, or public employee; however, the exact determination depends on the contract type and form of recruitment, and must be checked against the Law on Officials and Civil Servants 2025 (No. 80/2025/QH15, effective from 01 July 2025) — which replaced the Law on Officials and Civil Servants 2008 — and the Law on Public Employees 2010.

1. What is an asset management officer? Practice conditions

Under Clause 7, Article 4 of the Law on Recovery and Bankruptcy 2025, an asset management officer is an individual practicing the management and liquidation of assets of enterprises and cooperatives that have lost solvency during bankruptcy proceedings. Article 12 provides the practice conditions: being a lawyer, auditor, or a person holding a bachelor’s degree in law, economics, accounting, finance, or banking with at least 05 years of experience; having full civil act capacity; having good moral character; and holding an Asset Management Officer Practicing Certificate.

2. Cases prohibited from practicing as an asset management officer

Under Article 14 of the Law on Recovery and Bankruptcy 2025, cases prohibited from practicing asset management and liquidation include: officials, civil servants, and public employees; officers, professional soldiers, and defense workers of the People’s Army; officers and professional non-commissioned officers of the People’s Public Security; persons under criminal prosecution, persons convicted but not yet having their criminal records expunged, persons subject to administrative handling measures of placement in compulsory education or compulsory detoxification facilities; and persons who have lost or have restricted civil act capacity.

3. Is a contract lecturer a public employee?

This is the decisive point, and also where the law has changed. The Law on Officials and Civil Servants 2008 has expired and was replaced by the Law on Officials and Civil Servants 2025 (No. 80/2025/QH15, effective from 01 July 2025). Whether a lecturer is a public employee depends on the form of recruitment and the contract type:

– A person recruited to work at a public service unit under a working contract (public employee regime) is a public employee.
– A person who only signs a labor contract or a service/visiting lecture contract to teach by the hour or by the subject, without going through public employee recruitment, is not a public employee.

Therefore, a lecturer teaching under a labor contract or visiting lecture contract does not fall under the prohibitions in Article 14, and may fully practice as an asset management officer if they satisfy the conditions in Article 12 (qualifications, experience, practicing certificate). A lecturer who is a public employee currently working at a public service unit may not practice as an asset management officer.

Note: the boundary between contract types in practice can be complex (for example, a long-term labor contract at a public service unit). Where in doubt, directly check the contract, the recruitment decision, and current regulations.

4. Basic rights and obligations of an asset management officer

Under Article 16 of the Law on Recovery and Bankruptcy 2025, an asset management officer’s principal rights and obligations include: managing assets, supervising business operations, and liquidating assets of enterprises and cooperatives that have lost solvency — including verifying and collecting documents; preparing asset inventories and creditor lists; preserving assets and preventing asset dissipation; organizing asset valuation, sale, and liquidation under the Judge’s decision; and depositing collected funds into accounts opened at banks by the Court or the civil judgment enforcement agency.

Notes on applying current legal regulations

This article is presented for reference, helping readers understand the legal issue at an overview level. Determining public employee status and eligibility to practice as an asset management officer depends on each person’s specific dossier and contracts. To accurately assess your legal status, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.

Common risks to note

– Applying the expired Law on Officials and Civil Servants 2008 to determine public employee status.
– Confusing a working contract (public employee) with a labor contract or visiting lecture contract.
– Practicing as an asset management officer while being a public employee, violating the prohibition.
– Lacking the Asset Management Officer Practicing Certificate under the new regulations.

How can ANT Legal help?

ANT Legal assists in advising on asset management officer practice conditions, reviewing legal status, and preparing dossiers for requesting the practicing certificate under the Law on Recovery and Bankruptcy 2025. For quick advice, you may contact our lawyers at 0966.475.966.

Frequently asked questions

May a contract lecturer practice as an asset management officer?
Yes, if they fully satisfy the conditions in Article 12 of the Law on Recovery and Bankruptcy 2025 and do not fall under the prohibited cases in Article 14. A person teaching under an ordinary labor contract or visiting lecture contract is not an official, civil servant, or public employee and is therefore not subject to the prohibition.

What are the conditions for practicing as an asset management officer?
Being a lawyer, auditor, or a person holding a bachelor’s degree in law, economics, accounting, finance, or banking with at least 05 years of experience; having full civil act capacity, good moral character, and holding an Asset Management Officer Practicing Certificate (Article 12 of the Law on Recovery and Bankruptcy 2025).

May a lecturer who is a public employee practice as an asset management officer?
No. Officials, civil servants, and public employees are among the cases prohibited from practicing asset management and liquidation under Article 14 of the Law on Recovery and Bankruptcy 2025.

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