Question: According to current regulations, are civil servants allowed to contribute capital to enterprises?
THANH HUNG(Hai Duong City)
Pursuant to Point b, Clause 3, Article 17, Law on Enterprises 2020 stipulates the right to establish, contribute capital, purchase shares, purchase capital contributions and manage enterprises:
The right to establish, contribute capital, purchase shares, purchase capital contributions and manage enterprises
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3. Organizations and individuals have the right to contribute capital, purchase shares, or purchase capital contributions in joint stock companies, limited liability companies, and partnerships in accordance with the provisions of this Law, except in the following cases:
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b) Subjects not allowed to contribute capital to enterprises according to the provisions of the Law on Cadres and Civil Servants, the Law on Public Employees, and the Law on Anti-Corruption.
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Article 20 of the 2008 Law on Cadres and Civil Servants provides as follows:
Other things that officials and civil servants are not allowed to do
In addition to the prohibited acts specified in Articles 18 and 19 of this Law, cadres and civil servants are also prohibited from performing acts related to production, business, and personnel work specified in the Law on Anti-Corruption, the Law on Practicing Thrift and Combating Wastefulness, and other acts as prescribed by law and by competent authorities.
Pursuant to Clause 4, Article 20, Law on Anti-Corruption 2018 stipulates the code of conduct for people with positions and powers:
Code of conduct for people in positions of authority
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4. The head and deputy head of a state agency may not contribute capital to an enterprise operating within the sector or profession in which he or she directly performs state management or allow his or her spouse, parent, or child to do business within the sector or profession in which he or she directly performs state management.
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Thus, civil servants can still contribute capital to enterprises, except in cases where they are not allowed to contribute capital to enterprises according to the provisions of the Law on Cadres and Civil Servants, the Law on Public Employees, and the Law on Anti-Corruption.