Can Officials and Civil Servants Establish or Manage Enterprises in Vietnam?

Quick answer: No. Under Clause 2, Article 17 of the Law on Enterprises 2020 (amended and supplemented by Law No. 76/2025/QH15), officials, civil servants, and public employees under the Law on Officials and Civil Servants and the Law on Public Employees do not have the right to establish or manage enterprises in Vietnam.

Can officials and civil servants establish enterprises?

Under Clause 2, Article 17 of the Law on Enterprises 2020, persons without the right to establish and manage enterprises include: state agencies and armed forces units using state assets to establish enterprises for their own profit; officials, civil servants, and public employees under the Law on Officials and Civil Servants and the Law on Public Employees.

Can officials and civil servants contribute capital to enterprises?

Officials, civil servants, and public employees also may not contribute capital, purchase shares, or purchase capital contributions in enterprises, except where otherwise provided by law. This rule aims to prevent conflicts of interest in the performance of public duties.

Applicable legal basis

• Law on Enterprises 2020 (59/2020/QH14), amended by Law No. 76/2025/QH15: Article 17 (within the amendment scope of Law 76/2025 — the prohibition on officials and civil servants establishing enterprises remains unchanged).

Note on Applying Current Legal Regulations

This article is part of the Business & M&A Knowledge series and is presented for reference purposes, helping readers understand the legal issue at a general level before preparing documents or entering into transactions.

Legal regulations may change depending on timing, locality, document type, and specific circumstances. If you need to determine the exact legal basis applicable to your file, please contact ANT Legal’s lawyers at 0966.475.966 for verification and advice before proceeding.

Common Risks to Note

• Applying an outdated, amended, or replaced legal instrument.
• Preparing incomplete dossiers, documents, or evidence.
• Misunderstanding the conditions, procedures, time limits, or competent authorities.
• Signing, filing, or entering into transactions without fully assessing legal risks.

How Can ANT Legal Help?

ANT Legal supports reviewing specific situations, checking dossiers, identifying the applicable legal basis, advising on handling options, and representing clients in dealings with individuals, organizations, or competent authorities when necessary.

For prompt advice, please contact our lawyers at 0966.475.966.

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