Civil servants and public employees are not allowed to establish or contribute capital to enterprises.

On the morning of June 17, continuing the ninth session, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Enterprise Law.

Minister of Finance Nguyen Van Thang reports at the meeting. Photo: media.quochoi.vn

Reporting on receiving and explaining the opinions of National Assembly deputies on the draft law, Minister of Finance Nguyen Van Thang informed about the issue of adding civil servants who are allowed to participate in establishing and managing enterprises.

According to the Minister, some National Assembly deputies proposed a review to ensure that the regulations on subjects of establishment, capital contribution and enterprise management in the Enterprise Law are consistent with the Law on Science , Technology and Innovation and Resolution No. 193/2025/QH15.

In response to comments, the draft law has amended Point b Clause 2 and Point b Clause 3 Article 17 of the Enterprise Law in the direction of stipulating that the subjects not allowed to establish, contribute capital and manage enterprises include: Civil servants and public employees according to the provisions of the Law on Cadres and Civil Servants and the Law on Public Employees. In which, except for cases implemented according to the provisions of the law on science, technology, innovation and national digital transformation.

National Assembly delegates vote. Photo: media.quochoi.vn

Next, the Minister also reported on the content of regulations on private bond issuance of non-public companies.

Some delegates proposed not to stipulate in the draft law specific conditions for enterprises when issuing private bonds; at the same time, consider regulations similar to the Securities Law in the direction of assigning the Government to specify this issue in detail.

Regarding this content, in Submission No. 286/TTr-CP and in the process of explaining the opinions of delegates, the Government clarified the necessity of regulating this content and proposed to keep the provisions in the draft law.

In Notice No. 2001/TB-VPQH, the National Assembly Standing Committee agreed to add to the draft law the regulation on the debt-to-equity ratio as one of the conditions for issuing individual bonds of companies that are not public companies in order to increase the financial capacity of the issuing enterprise. This helps to limit the risks of corporate bond payment for both the issuing enterprise and the investor.

Another content is about regulations to strengthen state management in inspection, supervision and data sharing of central and local agencies.

Some National Assembly deputies proposed reviewing the regulations on the responsibilities of provincial-level People's Committees to ensure compliance with the Law on Organization of Local Government, ensuring publicity, transparency, and compliance with the principles of inspection and examination activities stipulated in Resolution No. 198/2025/QH15 of the National Assembly.

Regarding the above content, the Government has accepted the opinions of the Economic and Financial Committee and a number of National Assembly deputies to complete the draft law to clarify the responsibility of the provincial People's Committee in organizing business registration, promulgating the process of checking the content of business registration in the area. Thereby, ensuring publicity, transparency, in accordance with the policy of "strongly shifting from pre-inspection to post-inspection associated with strengthening inspection and supervision" stated in Resolution No. 68-NQ/TU of the Politburo on private economic development, in accordance with the Law on Organization of Local Government.

Voting board to pass the Law amending and supplementing a number of articles of the Enterprise Law. Photo: media.quochoi.vn

According to the passed law, cadres, civil servants and public employees as prescribed by the Law on Cadres, Civil Servants and the Law on Public Employees are not allowed to establish, contribute capital to and manage enterprises, except in cases where it is done in accordance with the provisions of the law on science, technology, innovation and national digital transformation.

People who are being prosecuted for criminal liability, detained, serving a prison sentence, serving an administrative measure at a compulsory drug rehabilitation facility, a compulsory education facility, or are prohibited by the Court from holding a position, practicing a profession or doing certain work; other cases as prescribed by the Bankruptcy Law and the Law on Anti-Corruption.

Subjects 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, the Law on Anti-Corruption, except in cases where it is implemented according to the provisions of the law on science, technology, innovation and national digital transformation.

On the same day, the National Assembly also voted to pass the National Assembly Resolution on reducing value added tax.

The Resolution stipulates a 2% reduction in the value-added tax rate, applicable to groups of goods and services specified in Clause 3, Article 9 of the Law on Value-Added Tax No. 48/2024/QH15 (to 8%), except for the following groups of goods and services: Telecommunications, financial activities, banking, securities, insurance, real estate business, metal products, mining products (except coal), goods and services subject to special consumption tax (except gasoline).

This Resolution takes effect from July 1, 2025 to December 31, 2026.

Source: https://hanoimoi.vn/cong-chuc-vien-chuc-khong-duoc-thanh-lap-gop-von-vao-doanh-nghiep-705821.html