I am a teacher at a high school, with an English degree. Now I want to set up an English center and act as its director. I would like to know whether I can assume this position in case I am a public employee.
At Clause 2 Article 2 Circular 21/2018 legal status of foreign language, “Private foreign language and computer training centers. These centers have their establishment invested in and operating conditions guaranteed by domestic organizations/individuals as prescribed by law, and possess legal status, separate seals and accounts.”
Point b Clause 2 Article 18 Law on Enterprises 2014: “2. The following entities are not permitted to establish and manage enterprises in Vietnam: b) Officials and civil servants defined by regulations of law on officials and civil servants.”
In any case, “Enterprise means an organization that has its own name, assets, office, and is registered in accordance with law to do business.” (Clause 4 Article 4 Law on Enterprises
On the other hand, pint b Clause 2 Article 20 anti-corruption law stipulates:
“2. Officeholders in state organizations are prohibited from:
b) Establishing, participating in administration of sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives, unless otherwise prescribed by law;”
Because an English center is a legal entity, with its own seal and account, in the process of establishing a foreign language center, it needs to check the activity of the person who is expected to be the center's director. The center director is the person who directly manages and runs the organization and apparatus and is responsible before the law and the State agencies for all activities of the center. With such properties, it can be seen that the foreign language center is a business, operating for profitable purposes. Therefore, the officer cannot assume the position as the director of a foreign language center.
FDVN Law Firm
- TEN THINGS: USING DATA ANALYTICS IN AN IN-HOUSE LEGAL DEPARTMENT
- Is lottery prize money considered the common property of the spouse?
- Compensation for damage caused by livestock
- Who is the owner of the property which is buried?
- TEN THINGS: BUILDING A STRONG COMPLIANCE DEPARTMENT
- Will the gaming center open overtime be sanctioned?
- Is it compulsory to pay personal income tax on my rental income?
- Do children who cause accidents have to compensate for damage?
- The principle of legality in International and Comparative Criminal Law - KENNETH S. GALLANT
- The Interaction of Contract Law and Tort and Property Law in Europe
- Starter TOEIC Third Edition
- Key cases Contract law - Chris Turner
- Customary Law Today - Laurent Mayali, Pierre Mousseron
- Criminal Law & Criminal Justice: An Introduction - Noel Cross
- CONTRACT LAW IN PERSPECTIVE - Linda Mulcahy
- Constitutional Law, Administrative Law, and Human Rights - Professor Ian Loveland