English News

Regulations allowing civil servants to manage and invest in businesses

01/08/2025 09:35
Civil servants, in accordance with the National Laws on science, technology, innovation, and digital transformation, are permitted to establish and manage businesses.

Illustrative photo

From the beginning of July 2025, the amended Enterprise Law will take effect with several notable new points.
Accordingly, it amends the definitions of dividends and market price; enterprises have the obligation to retain owner-related information; and it supplements cases in which civil servants are allowed to establish, manage, or contribute capital to enterprises.
According to Clause 2, Article 17 of the 2020 Enterprise Law, civil servants and public employees as defined by the Law on Civil Servants and the Law on Public Employees are not entitled to establish and manage businesses in Vietnam.
However, according to Clause 6, Article 1 of the amending Law No. 76/2025/QH15, the above regulation is amended as follow: Civil servants and public employees as defined by the Law on Civil Servants and the Law on Public Employees, except in cases where they are permitted under the provisions of the law on national science, technology, innovation, and digital transformation.
Thus, civil servants and public employees who comply with the provisions of the law on national science, technology, innovation, and digital transformation may establish and manage businesses.
Furthermore, the amended Law No. 76/2025/QH15 also amends the provisions in Clause 3, Article 17 of the 2020 Enterprise Law, allowing officials, civil servants, and public employees to contribute capital, purchase shares, or acquire capital contributions in joint-stock companies, limited liability companies, and partnerships to implement the provisions of the law on science, technology, innovation, and national digital transformation.
The amended Law No. 76/2025/QH15 also adds Clause 5a, Article 8 of the Enterprise Law. Accordingly, enterprises have the additional obligation to collect, update, and retain information on the beneficial owners of the enterprise; and to provide information to competent state agencies to identify the beneficial owners of the enterprise when requested.
In addition, the amended Law No. 76/2025/QH15 also adds point h to Clause 1, Article 11 of the 2020 Enterprise Law, stipulating that enterprises must keep a list of the beneficial owners of the enterprise (if any).

Source: https://laodong.vn/kinh-doanh/quy-dinh-cong-chuc-duoc-quan-ly-gop-von-vao-doanh-nghiep-1542154.ldo
 

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