“Hello, Lawyer, I want to ask if state employees are now allowed to be youtubers? I am currently working as a state civil servant. I want to build a youtube channel to share how to grow clean vegetables, is it possible? How can I make money from youtube?Can I be a youtuber?Does the law forbid state officials from doing youtube?Can state employees be youtubers? Please advise and help me.I sincerely appreciate Thank you Lawyer.” Thanks for your question. To answer this question, today, LSX Lawfirm will give you an article about “Can Vietnamese government employees be youtubers?”, as follows:
Regulations on what civil servants cannot do
According to the provisions of Article 19 of the Law on Public Employees 2010, the things that public employees are not allowed to do include:
“1. Avoiding responsibility, abdicating work or assigned tasks; causing factions and disunity; voluntary resignation; join the strike.
- Using properties of agencies, organizations, units and people against the provisions of law.
- Discrimination between ethnic groups, men and women, social classes, beliefs and religions in any form.
- Taking advantage of professional activities to propagate against the guidelines and policies of the Party and the State’s laws or causing harm to the people’s fine customs, traditions, cultural and spiritual life and social.
- Infringing upon the honor, dignity and reputation of others while performing professional activities.
- Other things that public employees may not do according to the provisions of the Law on Anti-corruption, the Law on Thrift Practice and Anti-waste and other relevant laws.”
According to the provisions of Clause 2, Article 20 of the Law on Anti-corruption 2018, persons holding positions and powers in agencies, organizations and units may not do the following:
“a) Interferences in the settlement of work;
b) Establishing, participating in the management and administration of private enterprises, limited liability companies, joint-stock companies, partnerships and cooperatives, unless otherwise provided for by law;
c) Advising other domestic and foreign enterprises, organizations and individuals on jobs related to state secrets, work secrets or jobs falling within their competence or participating in settlement;
dd) Illegally using information of agencies, organizations or units;
e) Other things that people with positions and powers are not allowed to do according to the provisions of the Law on Cadres and Civil Servants, the Law on Public Employees, the Law on Enterprises and other relevant laws.”
Can state employees be youtubers?
According to the provisions of Article 28 of the Law on Officers of the People’s Army 1999, officers not allowed to do things that are contrary to the law, military discipline and things that not allowed by law.
And According to the provisions of Article 20 of the Law on Cadres and Public Officials 2008, apart from the things that cadres and civil servants not allowed to do related to public service ethics (detailed in Article 18) and related to state secrets (detailed in Article 19), civil servants not even allowed to do jobs related to production, business, and human resource work specified in the Law on Anti-corruption, the Law on thrift practice, and the fight against corruption. waste and other things as prescribed by law and competent authorities.
According to the provisions of Article 19 of the Law on Public Employees 2010, the things that Public Employees not allowed to do include:
- Evading responsibility, abdicating work or assigned tasks; causing factions and disunity; voluntary resignation; join the strike.
Using property of agencies, organizations, units and people against the provisions of law.
Discrimination against ethnic groups, men and women, social classes, beliefs and religions in any form.
In addition
Taking advantage of professional activities to propagate against the Party’s guidelines and policies, the State’s laws or causing harm to the people’s fine customs, traditions, cultural life and spirit; society.
Infringing upon the honor, dignity and reputation of others while performing professional activities.
– Other things that public employees not allowed to do according to the provisions of the Law on Anti-corruption, the Law on Thrift Practice and Anti-waste and other relevant laws.
According to the provisions of Clause 2, Article 20 of the 2018 Law on Anti-Corruption, Persons holding positions and powers in agencies, organizations or units may not do the following:
– Interferences in solving work;
- Establish, participate in the management and administration of private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, unless otherwise provided for by law;
- Advising other domestic and foreign enterprises, organizations and individuals on jobs related to state secrets, work secrets and jobs falling within their competence or participating in settlement;
And
– Establish and hold titles and positions of management and administration of private enterprises, limited liability companies, joint stock companies, partnerships and cooperatives in the fields in which they previously responsible. managed within a certain period of time as prescribed by the Government;
– Illegally using information of agencies, organizations or units;
- Other things that people with positions and powers not allowed to do according to the provisions of the Law on Cadres and Civil Servants, the Law on Public Employees, the Law on Enterprises and other relevant laws.
Thus, based on the above provisions and relevant provisions of law, your work as a youtuber and owning a youtube channel about bonsai is not within the prohibited activities in the above regulations and other regulations. relevant laws.
However, it should noted that in the process of “making youtube”, you must not perform acts of violation of the above provisions (for example, making and uploading to youtube videos with content disclosing information related to secrets). state secrets, discrimination against ethnic groups, men and women, beliefs, etc.).
How to distinguish public officials?
According to Clause 1, Article 4 of the Law on Cadres and Civil Service 2008 (amended and supplemented in 2019) stipulates:
Cadres are Vietnamese citizens, elected, approved and appointed to hold positions and titles according to terms in agencies of the Communist Party of Vietnam, the State, central socio-political organizations, in provinces and centrally run cities (hereinafter referred to as provincial level), in districts, urban districts, towns and provincial cities (hereinafter collectively referred to as district level), in the payroll and salary from the state budget. government. Therefore, another outstanding feature of cadres is that they work according to the elected, approved and appointed terms.
According to Article 2 of the Law on Public Employees 2010 (amended and supplemented in 2019) stipulates:
Public employees who are Vietnamese citizens may recruited by job position, work at a public non-business unit under the working contract regime, and receive salary from the salary fund of the public non-business unit in accordance with the law. the law.
Therefore, another outstanding feature of public employees is working under contracts and salaries from the salary fund of public non-business units.
Public servants are not allowed to do business in any form?
According to Clause 2, Article 20 of the Law on Anti-corruption 2018 stipulates that civil servants not allowed to carry out the following production and business activities:
Establish and participate in the management and administration of private enterprises, limited liability companies, joint-stock companies, partnerships and cooperatives, unless otherwise provided for by law;
Advising other domestic and foreign enterprises, organizations and individuals on jobs related to state secrets, work secrets, and jobs falling within their competence or participating in settlement;
To establish and hold managerial and managerial positions in private enterprises, limited liability companies, joint-stock companies, partnerships and cooperatives in the fields in which they were previously responsible. within a certain period of time as prescribed by the Government;
Thus, civil servants will not allowed to do business in the following forms:
Firstly, Not allowed to contribute capital as a general partner of a partnership company
Secondly, Not a member of a limited company
Thirdly, Not a member of the board of directors in a joint-stock company.
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Related questions
Public employees will be allowed to contribute capital to various types of enterprises, provided that they do not give rise to the right to operate and manage such enterprises. In addition, civil servants will be allowed to do business in the form of households and contribute capital to businesses that are not under their direct management.
The following organizations and individuals do not have the right to establish and manage enterprises in Vietnam:
a) Firstly, State agencies and units of the people’s armed forces use state assets to establish profit-making enterprises for their own agencies or units;
b) Secondly, Cadres, civil servants and public employees according to the provisions of the Law on Cadres and Civil servants and the Law on Public Employees;
Tiktokers, Youtubers, Facebookers that have advertising and business activities on social networking platforms and earn an income of 100 million VND or more in a calendar year will have to pay personal income tax according to the above regulations.
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