On the Government Portal, reader N.D. D reflected: According to the provisions of point b, clause 2, Article 17 of the 2020 Enterprise Law, amended and supplemented in 2025 as follows:
The following organizations and individuals are not entitled to establish and manage enterprises in Vietnam:
Cadres, civil servants, public employees according to the provisions of the Law on Cadres, Civil Servants and the Law on Public Employees, except... ".
According to Clause 3, Article 13 of the 2025 Law on Civil Servants (effective from July 1, 2026), civil servants: "May contribute capital, participate in managing and operating enterprises...".
Mr. N.D. D asked, after July 1, 2026, will officials be allowed to participate in managing and operating businesses?
Regarding this issue, the Department of Private Enterprise Development and Collective Economy (Ministry of Finance) has the following opinions:
The Law amending and supplementing a number of articles of the Enterprise Law No. 76/2025/QH15 dated June 17, 2025 has amended and supplemented point b, clause 2, Article 17 of the Enterprise Law No. 59/2020/QH14 dated June 17, 2020 as follows:
Cadres, civil servants, public employees according to the provisions of the Law on Cadres, Civil Servants and the Law on Public Employees, except for cases implemented according to the provisions of the law on science, technology, innovation and national digital transformation".
Clause 3, Article 13 of the 2025 Law on Civil Servants stipulates the rights of civil servants in performing professional activities and business activities, including:
Being allowed to contribute capital, participate in managing and operating non-public enterprises, cooperatives, hospitals, educational institutions, and scientific research organizations, except for cases where the law on anti-corruption, the law on enterprises, or the law on industries and fields have other regulations".
Thus, in case the capital contributor is an employee, it shall be implemented according to the provisions of the Law on Employees.
