Ms. Pham Mai Hoa (Phu Tho) is an accounting officer at the school. Ms. Hoa sent a question to the Ministry of Finance: I would like to ask, am I allowed to register a business household to conduct extra teaching and learning activities?
The Ministry of Finance responds to this issue as follows:
Clause 1, Article 82 of Decree No. 168/2025/ND-CP dated June 30, 2025 of the Government on business registration stipulates: "A business household registered by an individual or household members is established and is responsible for all of its assets for the business activities of the household".
Pursuant to Clause 2, Article 80 of Decree No. 168/2025/ND-CP:
" individuals and household members who are Vietnamese citizens with full civil act capacity as prescribed in the Civil Code have the right to establish a business household as prescribed in this Decree, except for the following cases:
a) People who are being prosecuted for criminal liability, detained, serving a prison sentence, serving administrative measures at compulsory drug rehabilitation facilities, compulsory education institutions or being banned by the Court from holding a position, practicing a profession or doing certain jobs;
b) People who are not allowed to establish a business household as prescribed by law".
According to Clause 6, Article 19 of the Law on Public Employees 2010, the following provisions on what civil servants are not allowed to do are: "Other things that civil servants are not allowed to do according to the provisions of the Law on Anti-Corruption, the Law on Practicing Thrift, Combating Wastefulness and other relevant provisions of law".
The Law on Civil Servants and the Law on Anti-Corruption do not prohibit civil servants from establishing business households.
Regarding the establishment of business households for extra teaching and learning, the Ministry of Finance recommends that Ms. Pham Mai Hoa refer to the Ministry of Education and Training's additional opinions.
