COULD PUBLIC EMPLOYEES BE THE DIRECTOR OF THE ENGLISH CENTER?

COULD PUBLIC EMPLOYEES BE THE DIRECTOR OF THE ENGLISH CENTER?
Posted date: 17/11/2020

 

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.

Thank you.

FDVN’s Opinion:

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


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