All individuals and organizations have the right to establish enterprises, except in the following cases:
- State agencies and units of the People's Armed Forces using State assets to establish enterprises for their benefit;
- Cadres, civil servants, and public employees as prescribed by the Law on Cadres and Civil Servants and the Law on Public Employees;
- Officers, non-commissioned officers, professional soldiers, workers,s and national defense officials in agencies and units of the Vietnam People's Army; officers, professional non-commissioned officers, police workers in agencies and units of the Vietnam People's Public Security, except for those appointed as authorized representatives to manage the State's capital contribution in enterprises or to manage state-owned enterprises;
- Professional leaders and managers in state-owned enterprises, except for those appointed as authorized representatives to manage the State's capital contribution in other enterprises;
- Minors; persons with limited civil act capacity; persons who have lost civil act capacity; persons with difficulty in cognition and behavior control; organizations without legal status;
- Persons who are being prosecuted for criminal liability, detained, serving a prison sentence, serving an administrative measure at a compulsory drug rehabilitation facility, a compulsory education facility, or who are prohibited by the Court from holding a position, practicing a profession, or doing certain work; other cases as prescribed by the Bankruptcy Law and the Law on Anti-Corruption.
- The organization is a commercial legal entity prohibited from doing business and operating in certain fields according to the provisions of the Penal Code.