CIRCULAR 09/2024/TT-BTTTT

On October 15, 2024, Circular 09/2024/TT-BTTTT issued by the Ministry of Information and Communications (“Circular 09/2024”) officially took effect. This Circular specifies the list of sectors and the period during which individuals holding positions or authority in state agencies under the Ministry of Information and Communications, after leaving their positions, are prohibited from establishing or holding managerial positions in private enterprises, companies, or cooperatives. Regulations apply to fields such as journalism, publishing, radio, television, telecommunications and information technology... fields under the management of the Ministry of Information and Communications. 

The Circular provides a legal framework to prevent corruption and profiteering in the transition from the public sector to the private sector, contributing to the establishment of a transparent and fair business environment. Individuals holding positions of authority need to be aware of the following key points to avoid violating the law after stepping down from their roles: 

1. Extended Scope of Application 

The Circular 09/2024 covers various important fields under the management of the Ministry of Information and Communications, such as journalism, telecommunications, information technology, cybersecurity, and digital transformation, etc.  This ensures strict control over sensitive areas and protects transparency in state management. Furthermore, the Circular 09/2024 provides a detailed list of specific positions, agencies, and sectors subject to these restrictions. 

2. Regulations on Restriction Periods 

Circular 09/2024 clearly stipulates that persons with positions and powers after retiring from holding positions in the fields under the Ministry of Information and Communications will be limited to not establishing, holding titles, managerial positions, and operating enterprises and cooperatives in the fields they were previously responsible for managing. 

• Non-leadership positions: The restriction period is 12 months from the date of resignation. 

• Leadership and management positions: The restriction period is 24 months from the date of resignation. 

• For officials, civil servants and public employees directly involved in researching, drafting, or approving programs, projects, or schemes, the time limit will be extended until the program or project is completed. 

Circular 09/2024 not only aims to enhance transparency and prevent corruption but also ensures the healthy and fair development of the business environment, especially in the fields related to information, communication, and technology. This contributes to strengthening public trust in the state management system while fostering a competitive and sustainable business environment.