Circular No. 01/2022/TT-BQP stipulates the management of individuals holding positions and titles and state capital representatives at enterprises under the Ministry of National Defense.

CIRCULAR

Regulations on the management of persons holding positions and titles and representatives of state capital at enterprises under the management of the Ministry of National Defense

Part State capital at enterprises managed by the Ministry of National Defense

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Management and Use of State Capital for Investment in Business Operations dated November 26, 2014;

Pursuant to the Law on Officers of the Vietnam People's Army dated December 21, 1999; the Law Amending and Supplementing Certain Articles of the Law on Officers of the Vietnam People's Army dated June 3, 2008; the Law Amending and Supplementing Certain Articles of the Law on Officers of the Vietnam People's Army dated November 27, 2014;

Pursuant to the Government Decree No. 159/2020/NĐ-CP dated December 31, 2020 on the management of persons holding titles and positions and representatives of state capital at enterprises;

Pursuant to the Government Decree No. 47/2021/NĐ-CP dated April 1, 2021 detailing certain provisions of the Enterprise Law;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Economic Department of the Ministry of National Defense;

The Minister of National Defense issues this Circular regulating the management of persons holding positions and titles and representatives of state capital at enterprises under the management of the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the evaluation, planning, appointment, reappointment, designation, redelegation, removal from representation of state capital, transfer, rotation, resignation, dismissal, removal from position, suspension of duties, commendation, disciplinary action, transfer out of the military, extension of service time for those holding positions and titles, Controllers at enterprises where the State holds 100% of the charter capital managed by the Ministry of National Defense, and representatives of state capital at enterprises with state participation where the Ministry of National Defense acts as the representative owner.

Article 2. Applicability

1. Enterprises where the State holds 100% of the charter capital established or assigned to manage by the Ministry of National Defense (hereinafter referred to as enterprises with 100% state capital managed by the Ministry of National Defense).

2. Enterprises where the State holds more than 50% of the charter capital or the total number of voting shares, enterprises where the State holds up to 50% of the charter capital or the total number of voting shares, with the Ministry of National Defense acting as the representative owner (hereinafter referred to as enterprises with state capital where the Ministry of National Defense acts as the representative owner).

3. Persons holding positions and titles at enterprises with 100% state capital managed by the Ministry of National Defense (hereinafter referred to as Managers), including:

a) Chairman of the company;

b) General Director (Director);

c) Deputy General Director (Deputy Director);

d) Chief Accountant.

4. Representatives of state capital at enterprises with state capital where the Ministry of National Defense acts as the representative owner (hereinafter referred to as Representatives).

5. Controllers at enterprises with 100% state capital managed by the Ministry of National Defense (hereinafter referred to as Controllers).

6. Other relevant agencies, organizations, and individuals.

Article 3. Principles of Management

Implement in accordance with Article 4 of the Government Decree No. 159/2020/NĐ-CP dated December 31, 2020 on the management of persons holding titles and positions and representatives of state capital at enterprises (hereinafter referred to as Decree No. 159/2020/NĐ-CP) and the following regulations:

1. Ensuring the unified leadership of the Central Military Commission, Party committees, and Party organizations over cadre work for Managers, Controllers, and Representatives at enterprises managed by the Ministry of National Defense.

2. Adhering strictly to the authority, conditions, standards, procedures, and formalities prescribed by law and the Cadre Work Regulation of the Vietnam People's Armed Forces (hereinafter referred to as the Cadre Work Regulation).

Chapter II

AUTHORITY TO DECIDE AND DUAL ROLE

FOR MANAGERS, CONTROLLERS, AND REPRESENTATIVES

Article 4. Competence to decide on appointment, reappointment, extension of term of office, transfer, rotation, resignation, removal, termination of position, commendation, disciplinary action, transfer out of the military, extension of service time, nomination, renomination, and cessation of representation of state capital for Managers, Supervisors, and Representatives.

The competence to decide on appointment, reappointment, extension of term of office, transfer, rotation, resignation, removal, termination of position, commendation, disciplinary action, transfer out of the military, extension of service time, nomination, renomination, and cessation of representation of state capital for Managers, Supervisors, and Representatives shall be carried out in accordance with the Cadre Work Regulation and other guiding documents of the Political Bureau.

Article 5. Competence to decide on annual quality assessment and classification for Managers, Supervisors, and Representatives.

1. The Minister of National Defense decides on the assessment:

a) Chairman, General Director, Deputy General Director, Supervisor of the Economic Group;

b) Chairman, General Director (Director), Deputy General Director (Deputy Director), Supervisor at enterprises under the Ministry of National Defense;

c) Chairman, General Director (Director) at enterprises managed by subordinate units of the Ministry of National Defense;

d) State Capital Representative appointed by the Ministry of National Defense.

2. The head of subordinate units of the Ministry of National Defense decides on the assessment for Deputy General Director (Deputy Director) and Supervisor at enterprises assigned to manage.

3. The Chairman of the company decides on the assessment for the position of Chief Accountant of his own company and Manager, Supervisor at wholly-owned subsidiaries, and Representative at member enterprises.

Article 6. Concurrent Positions for Managers, Supervisors, and Representatives.

The concurrent positions for Managers, Supervisors, and Representatives shall be implemented in accordance with Article 7 of Decree No. 159/2020/NĐ-CP and the following provisions:

1. The Chairman of the parent company of economic groups, holding companies, and independent companies operating under the parent company-subcompany model may not concurrently hold the position of General Director or Director.

In special cases, if the Chairman of the company concurrently holds the position of General Director or Director, it must be reported to the competent authority for consideration and decision.

2. They are not cadres currently working in budgetary units under the Ministry of National Defense; if appointing cadres currently working in budgetary units, there must be a decision to transfer them to work in enterprises.

In the case where cadres still hold positions in budgetary units under the Ministry of National Defense are nominated as Representatives or concurrently appointed as Supervisors, they must report to the Central Military Commission's Standing Committee for consideration and decision.

Chapter III

ANNUAL QUALITY ASSESSMENT AND CLASSIFICATION FOR

MANAGERS, SUPERVISORS, REPRESENTATIVES

Article 7. Basis, Content, and Timing of Assessment and Classification.

1. The basis, content, and timing of assessment and classification for Managers, Supervisors, and Representatives shall be carried out in accordance with Articles 8, 10, 11, and 12 of Decree No. 159/2020/NĐ-CP and Regulation No. 842-QĐ/QU dated August 6, 2018 of the Central Military Commission.

2. Quality assessment and classification for Managers, Supervisors, and Representatives shall not be conducted in cases where they have not worked continuously for six months during the assessment year.

Article 8. Responsibility for Evaluation

1. The Chairman of the company shall be responsible before the Minister of National Defense or the Head of the subordinate unit of the Ministry of National Defense for the results of self-assessment and evaluation of the Manager at their own enterprise.

2. The Department of Economy under the Ministry of National Defense shall be responsible for the content of the review and submit to the Minister of National Defense for decision on the evaluation of the Manager, Supervisor, and Representative as stipulated in Clause 1, Point b of Article 5 of this Circular.

3. The agency entrusted with managing the enterprise at the subordinate unit of the Ministry of National Defense shall be responsible for the content of the review and submit to the Head of the subordinate unit of the Ministry of National Defense for decision on the evaluation of the Manager and Supervisor as stipulated in Clause 2, Article 5 of this Circular.

4. The result of the evaluation in writing shall be notified to the Manager, Supervisor, Representative, and the directly managing agency.

Article 9. Procedure and Formalities for Evaluation

1. For the Manager

The Chairman of the company shall organize self-examination and evaluation of the quality of the Manager according to the provisions of Clause 1, Article 13 of Decree No. 159/2020/ND-CP and Articles 10, 11, 12, and 13 of this Circular, send the evaluation report along with the self-assessment statement, minutes of the manager's meeting, and the opinion of the same-level Party Committee to the Department of Economy under the Ministry of National Defense for the positions specified in Point a and Point b, Clause 1, Article 5 of this Circular, and to the subordinate unit of the Ministry of National Defense for the positions specified in Point c, Clause 1 and Clause 2, Article 5 of this Circular.

2. For the Supervisor

The Supervisor shall carry out the evaluation according to the provisions of Clause 2, Article 13 of Decree No. 159/2020/ND-CP and Articles 10, 11, 12, and 13 of this Circular, send the evaluation report along with the self-assessment statement to the Department of Economy under the Ministry of National Defense for the Supervisor specified in Point b, Clause 1, Article 5 of this Circular, and to the subordinate unit of the Ministry of National Defense for the Supervisor specified in Clause 2, Article 5 of this Circular.

3. For the Representative

a) For enterprises where the State holds more than 50% of the charter capital: The Board of Directors or the Board of Members shall organize examination and evaluation of the quality of the Representative according to the provisions of Clause 3, Article 13 of Decree No. 159/2020/ND-CP and Articles 10, 11, 12, and 13 of this Circular, send the evaluation report along with the self-assessment statement, minutes of the meeting, and the opinion of the same-level Party Committee to the Department of Economy under the Ministry of National Defense;

b) For enterprises where the State holds not more than 50% of the charter capital: The Representative shall carry out the evaluation according to the provisions of Clause 3, Article 13 of Decree No. 159/2020/ND-CP and Articles 10, 11, 12, and 13 of this Circular, send the evaluation report along with the self-assessment statement to the Department of Economy under the Ministry of National Defense.

4. Within fifteen days from the date of receiving all evaluation documents for the Manager, Supervisor, and Representative as stipulated in Clauses 1, 2, and 3 of this Article, the Department of Economy under the Ministry of National Defense or the agency entrusted with managing the enterprise for the subordinate units of the Ministry of National Defense shall take the lead, coordinate with relevant agencies and units to review and draft the evaluation document on the level of completion of tasks by the Manager, Supervisor, and Representative, submit to the authority specified in Article 5 of this Circular for consideration and decision.

5. The subordinate unit of the Ministry of National Defense shall send the review report along with the self-evaluation report, self-assessment statement, minutes of the manager's meeting, and the opinion of the same-level Party Committee of the enterprise it manages to the Department of Economy under the Ministry of National Defense for the positions specified in Point c, Clause 1, Article 5 of this Circular for preliminary review before submitting to the Minister of National Defense for consideration and decision.

6. Within fifteen days from the date of signing the evaluation decision, the Head of the subordinate unit of the Ministry of National Defense and the Chairman of the company shall send the evaluation decision on the Manager, Supervisor, and Representative within their decision-making authority to the Department of Economy under the Ministry of National Defense for consolidation and supervision.

Article 10. Criteria for Outstanding Task Completion Evaluation

The Manager, Supervisor, and Representative shall be evaluated as having completed tasks outstandingly when they meet the criteria stipulated in Article 14 of Decree No. 159/2020/NĐ-CP, Regulation No. 842-QĐ/QU dated August 6, 2018 of the Central Military Commission, and the following criteria:

1. For state-owned enterprises holding 100% and over 50% of the charter capital (this does not apply to Supervisors).

a) The enterprise achieves comprehensive strength unit status, and the Party branch completes outstandingly its assigned tasks according to the regulations of the Ministry of National Defense;

b) The enterprise achieves absolute safety unit status according to the regulations of the Ministry of National Defense, except in cases of force majeure due to military or national defense missions or due to objective reasons as prescribed by law.

2. For individuals

a) Classification of party members: Party member completing outstandingly their assigned tasks;

b) Individual commendation: Achieving the title of Model Worker at the grassroots level or receiving a certificate of merit from the Ministry of National Defense or higher.

Article 11. Criteria for Good Task Completion Evaluation

The Manager, Supervisor, and Representative shall be evaluated as having completed tasks well when they meet the criteria stipulated in Article 15 of Decree No. 159/2020/NĐ-CP, Regulation No. 842-QĐ/QU dated August 6, 2018 of the Central Military Commission, and the following criteria:

1. For state-owned enterprises holding 100% and over 50% of the charter capital (this does not apply to Supervisors).

a) The enterprise achieves comprehensive strength unit status, and the Party branch completes well its assigned tasks according to the regulations of the Ministry of National Defense;

b) The enterprise achieves safety unit status according to the regulations of the Ministry of National Defense, except in cases of force majeure due to military or national defense missions or due to objective reasons as prescribed by law.

2. For individuals: Party member completing well their assigned tasks or better.

Article 12. Criteria for Task Completion Evaluation

The Manager, Supervisor, and Representative shall be evaluated as having completed tasks when they meet the criteria stipulated in Article 16 of Decree No. 159/2020/NĐ-CP, Regulation No. 842-QĐ/QU dated August 6, 2018 of the Central Military Commission, and the following criteria:

1. For state-owned enterprises holding 100% and over 50% of the charter capital (this does not apply to Supervisors).

a) Meeting the criteria specified in point b, clause 1 of Article 11 of this Circular;

b) The Party branch completes its assigned tasks according to the regulations of the Ministry of National Defense;

2. For individuals: Being a party member who has completed their assigned tasks.

Article 13. Criteria for Non-Completion of Tasks Evaluation

The Manager, Supervisor, and Representative shall be evaluated as not having completed tasks when they violate the criteria stipulated in Article 17 of Decree No. 159/2020/NĐ-CP, Regulation No. 842-QĐ/QU dated August 6, 2018 of the Central Military Commission, and the following criteria:

1. For state-owned enterprises holding 100% and over 50% of the charter capital (this does not apply to Supervisors).

a) The Party branch does not complete its assigned tasks according to the regulations of the Ministry of National Defense;

b) The enterprise is a unit losing serious safety according to the regulations of the Ministry of National Defense.

2. For individuals: Being a party member who does not complete their assigned tasks.

Article 14. Criteria for Special Case Evaluation

1. Enterprises implementing political tasks, military or national defense tasks, or operating in areas with special characteristics, remote areas, border islands, or non-profit tasks C, K; during the implementation process, if it affects the indicators compared to the production and business plan approved by the competent authority, then the results of the completion of political tasks shall serve as the basis for evaluating the completion of tasks of the enterprise according to the four levels specified in Articles 10, 11, 12, and 13 of this Circular.

2. In cases where enterprises are rated as type B or type C but the Manager and Representative have sufficient evidence proving that the responsibility does not belong to them or due to force majeure, they have the right to request the competent authority to review and decide during the evaluation process.

Chapter IV

PLANNING, APPOINTMENT, REAPPOINTMENT AND TRANSFER OF STATE ENTERPRISE MANAGERS AND SUPERVISORS

STATE ENTERPRISE MANAGERS AND SUPERVISORS

Article 15. Planning for Managers and Supervisors

The planning for Managers and Supervisors shall be carried out in accordance with the regulations of the Central Military Commission, the Cadre Work Regulations, guiding documents of the Political General Department, and resolutions of Party organizations at all levels.

Article 16. Standards and Conditions for Appointment of Managers and Supervisors

1. Meeting the standards and conditions as prescribed in the Law on Officers of the Vietnam People's Army dated December 21, 1999, the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated June 3, 2008, the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated November 27, 2014 (hereinafter referred to as the Law on Officers of the Vietnam People's Army); cadre position standards as stipulated by the Minister of National Defense; the conditions set forth in Articles 93, 99, 101, and Clause 3 of Article 103 of the Enterprise Law; Article 28 of Decree No. 159/2020/NĐ-CP; the Cadre Work Regulations, and other guiding documents of the Political General Department.

2. Having a performance evaluation from the competent authority indicating satisfactory completion of duties in the previous position.

3. For the appointment of Supervisors and Chief Accountants, in addition to the provisions of Clauses 1 and 2 of this Article, they must also comply with relevant laws and regulations of the State and the Ministry of National Defense.

Article 17. Appointment, Reappointment, Extension of Service Period, Transfer, Rotation, Resignation, Removal, Termination of Position, Suspension of Position, Commendation, Disciplinary Action, Transfer Outside the Military, Extension of Active Service Period

1. For the Manager

a) The appointment, reappointment, extension of service period, transfer, rotation, resignation, removal, termination of position, commendation, disciplinary action, transfer outside the military, and extension of active service period for Managers shall be carried out in accordance with the Cadre Work Regulations and other guiding documents of the Political General Department;

b) In cases where necessary, the personnel agency (political agency) shall seek the opinion of the economic and financial agencies at the same level.

2. For the Supervisor

a) Based on the scale of the enterprise, the Economic Department of the Ministry of National Defense or the agency entrusted with managing Supervisors at subordinate units of the Ministry of National Defense shall propose in writing to the competent authority specified in Article 4 of this Circular to establish a Board of Supervisors consisting of one to five Supervisors, including the Chairman of the Board of Supervisors; the number of Supervisors at a single-member company is one person, at a holding company not exceeding three persons, and at a group not exceeding five persons.

If the Board of Supervisors consists of only one Supervisor, that Supervisor shall concurrently serve as the Chairman of the Board of Supervisors and must meet the standards for the Chairman of the Board of Supervisors as prescribed by law.

b) Appointment of Supervisors: After obtaining approval from the competent authority, the appointment of Supervisors and Chairmen of the Board of Supervisors shall be carried out in accordance with the provisions of Clause 1 of this Article.

c) After being appointed, Supervisors shall be transferred to participate in Party activities and administrative-military affairs at the Economic Department of the Ministry of National Defense or the agency entrusted with managing Supervisors at subordinate units of the Ministry of National Defense.

The salary, remuneration, and bonuses of the Chairman of the Board of Supervisors and Supervisors shall be implemented in accordance with the provisions of Clause 2 and Clause 3 of Article 8 of Decree No. 47/2021/NĐ-CP dated April 1, 2021 of the Government detailing certain provisions of the Enterprise Law, Circular No. 97/2017/TT-BTC dated September 27, 2017 of the Minister of Finance guiding the establishment, management of salaries, remuneration, and bonuses for Chairmen of the Board of Supervisors and Supervisors at wholly state-owned limited liability companies as prescribed in Decree No. 52/2016/NĐ-CP and related laws.

d) State-owned enterprises under the Ministry of National Defense shall transfer the salary, remuneration, bonuses, and other amounts as prescribed by law of the Chairman of the Board of Supervisors and Supervisors to the Economic Department of the Ministry of National Defense or the agency entrusted with managing Supervisors at subordinate units of the Ministry of National Defense for management and payment according to regulations.

3. In cases where reappointment is not carried out

a) When the term of appointment expires and the Manager or Supervisor is not reappointed or appointed to a new position, the competent authority specified in Article 4 of this Circular shall consider arranging new work or resolving benefits and policies in accordance with the law;

b) In cases where, up to the date of termination of active service, the Manager or Supervisor has less than 24 months of service, the reappointment process will not be carried out, and the competent authority shall consider and decide to extend the management position tenure until the date of termination of active service, arrange new work, or resolve benefits and policies in accordance with the law;

c) The extension of the management position tenure shall be carried out in accordance with the regulations of the Ministry of National Defense and the provisions of Clause 1 of Article 38 of Decree No. 159/2020/NĐ-CP;

d) Upon termination of active service, the benefits and policies for Supervisors shall be implemented at the Economic Department of the Ministry of National Defense or the agency entrusted with managing Supervisors at subordinate units of the Ministry of National Defense.

Chapter V

APPOINTING AND REAPPOINTING REPRESENTATIVES AND TERMINATING REPRESENTATIVES

PART STATE CAPITAL

Article 18. Standards and Conditions for Representatives

Must meet the standards and conditions as prescribed by the Law on Officers of the Vietnam People's Army, the position criteria for cadres as stipulated by the Minister of National Defense, and as provided for in Articles 46 and 49 of Decree No. 159/2020/NĐ-CP.

Article 19. Term of Representation for State Capital

1. The term of representation for state capital shall be implemented according to the provisions of Article 45 of Decree No. 159/2020/NĐ-CP.

2. In cases where the Representative is extended the service period, the term of representation shall be the time specified in the extension decision of the competent authority.

Article 20. Procedures and Formalities for Appointing, Reappointing, Terminating Representation for State Capital, Transferring, Rotating, Resigning, Dismissing, Terminating Position, Suspending Position, Rewarding, Disciplining, Transferring Outside the Military, Extending Service Period for Representatives

1. The procedures and formalities for appointing, reappointing, terminating representation for state capital, transferring, rotating, resigning, dismissing, terminating position, suspending position, rewarding, disciplining, transferring outside the military, extending service period for representatives shall be carried out in accordance with the Cadre Work Regulations and related documents and guidelines of the Political General Department.

2. In necessary cases, the cadre agency (political agency) shall seek opinions from the economic and financial agencies at the same level.

Chapter VII

IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Circular takes effect from February 18, 2022;

2. Circular No. 147/2016/TT-BQP dated September 21, 2016 issued by the Minister of National Defense regarding management of individuals holding positions in enterprises that are wholly state-owned limited liability companies under the management of the Ministry of National Defense and representatives of state capital in enterprises where the state holds more than 50% of the charter capital managed by the Ministry of National Defense; Circular No. 105/2018/TT-BQP dated July 24, 2018 issued by the Minister of National Defense amending and supplementing certain articles of Circular No. 147/2016/TT-BQP; Circular No. 178/2019/TT-BQP dated December 2, 2019 issued by the Minister of National Defense regarding standards, conditions, appointment, reappointment, dismissal, termination of position, transfer, rotation for management positions in enterprises that are wholly state-owned limited liability companies under the management of the Ministry of National Defense; standards, conditions, appointment, reappointment, dismissal for representatives of state capital, holding management positions in enterprises where the state holds more than 50% of the charter capital managed by the Ministry of National Defense; Circular No. 100/2014/TT-BQP dated July 28, 2014 issued by the Minister of National Defense regarding the appointment of Supervisors and guidelines for setting up, managing the salary, remuneration, and bonuses fund for Supervisors and state capital representatives under the Ministry of National Defense shall cease to be effective from the date this Circular takes effect;

3. For management positions in enterprises under the jurisdiction of the Ministry of National Defense not covered by this Circular, they shall be evaluated according to the laws and regulations of the Ministry of National Defense.

4. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or newly issued documents. Apart from the contents stipulated in this Circular, other contents concerning managers, supervisors, and representatives shall be implemented in accordance with Decree No. 159/2020/NĐ-CP and related legal documents.

Article 22. Responsibility for enforcement

1. The Chief of General Staff, the Director of the Political General Department, heads of agencies and units, managers, supervisors, representatives, and related organizations and individuals are responsible for implementing this Circular.

2. Enterprises with management positions that are inconsistent with the provisions of Clause 3, Article 2 of this Circular shall report to the competent authority and submit to the Minister of National Defense for examination and decision to adjust. Completion time before June 30, 2022.

3. The Economic Department of the Ministry of National Defense shall take the lead, coordinate with relevant agencies to organize implementation, inspection, monitoring, and supervision of this Circular; report to the Minister of National Defense as prescribed./.