In order to answer this question, it
is important to clarify for what purpose and which position he/she signs labor
contract with the private entities. Moreover, it also needs to check whether
that state official is a civil servant or a public employee since the law of
Vietnam classifies those 02 terms:
Under the Law on Cadres and Civil
Servant No. 22/2008/QH12: Civil servants are Vietnamese citizens who
are recruited and appointed to ranks, posts or titles in agencies of the
Communist Party of Vietnam, the State, socio-political organizations at the
central, provincial and district levels; in People’s Army agencies and units,
other than officers, professional military personnel and defense workers; in
People’s Police offices and units other than officers and professional
non-commissioned officers, and in the leading and managerial apparatuses of
public non-business units of the Communist Party of Vietnam, the State and
socio-political organizations (below collectively referred to as public
non-business units), included in the payrolls and salaried from the state
budget; for civil servants in the leading and managerial apparatuses of public
non-business units, they are salaried from the salary funds of these units
according to law.
Under the Law on Public Employees No
58/2010/QH12: Public employees are Vietnamese citizens recruited
according to working positions, working in public non-business units under
working contracts and salaried from salary funds of public non-business units
in accordance with law.
Generally speaking, the laws of
Vietnam do not prohibit the state official from having legal income by working
out of working hours, provided that he/she complies some requirement and does
not perform the prohibited acts. There is no provision regulating that the
state official cannot be employed by the private entities.
The Law on Public Employees No
58/2010/QH12 allows the public employee to carry out professional activities
after working hours stated in labor contracts; to sign with agencies,
organizations and units other than their employing public non-business units
contracts which are not banned by law, provided that they accomplish their
assigned tasks and obtain consent of the heads of their public non-business
units.
According to the Law on
Anti-corruption No. 55/2005/QH11, the public servant, public employee, cadre
may not, including but not limited:
i.
participate
in the management and administration of private enterprises, limited liability
companies, joint-stock companies, partnership companies, cooperatives, private
hospitals, private school and/or private scientific research establishments; or
ii.
act as
consultants for other domestic or foreign enterprises, organisations or
individuals on affairs related to state secrets, work secrets, or affairs that
fall under their respective settling jurisdiction or of which they have joined
the settlement
Therefore, we must check after being
employed, that state official will participate in the management and
administration or not? And the business lines of that employing private entity?
Whether its’ business lines are under the management scope of that state
official or not?
After having clarified the above
issues, we may determine whether a state official sign a labor contract with
the private entity or not.