According to clause 2 of Article 17 of the 2020 Enterprise Law, the following entities are not permitted to establish a business:
(1) State agencies and units of the armed forces that use state assets to establish businesses for their own profit;
(2) Officials, civil servants, and public employees as stipulated by the 2008 Civil Servants Law and the 2010 Public Employees Law;
(3) Officers, non-commissioned officers, professional soldiers, workers, and defense officials in agencies and units of the Vietnam People's Army;
Professional officers, non-commissioned officers, and public security workers in agencies and units of the Vietnam People's Public Security, excluding those appointed as representatives to manage the state's contributed capital in enterprises or manage state-owned enterprises;
(4) Leaders and managers in state-owned enterprises, as regulated in point a, clause 1 of Article 88 of the 2020 Enterprise Law, except for individuals authorized to represent the State in managing its capital contribution in other enterprises;
(5) Minors; individuals with restricted legal capacity; individuals with lost legal capacity; individuals with difficulties in perception and behavior control; organizations without legal personality;
(6) Individuals who are being pursued for criminal liability, detained, serving prison sentences, undergoing compulsory rehabilitation measures at compulsory detoxification facilities, compulsory education facilities, or are prohibited by the court from holding positions, practicing professions, or performing certain jobs;
Other cases as prescribed by the Bankruptcy Law 2014, the Anti-Corruption Law 2018.
In cases where the Business Registration Authority requires it, the applicant for business establishment must submit a Judicial Record Certificate to the Business Registration Authority;
(7) The organization is a legal entity prohibited from conducting business and operating in certain specific fields as stipulated by the Criminal Law 2015.
