Circular No. 10/2002/TT-BTCCBCP guides the appointment of personnel for Deputy General Directors, Chief Accountants, and Directors of member units in State-owned Corporations with 100% state capital. The document provides detailed regulations on the scope of application, conditions for implementation, and procedures for appointment.
适用范围
Enterprises with 100% state capital include State-owned Corporations established pursuant to Decisions No. 90/TTg and 91/TTg dated March 7, 1994 of the Prime Minister and Companies established by competent authorities.
要点
- State-owned Corporations must strengthen their Board of Directors in accordance with current regulations (Article 2.1).
- When appointing Deputy General Directors, Chief Accountants, and Directors of member units, the Board of Directors must have at least two-thirds of its members present (Article 2.2).
- The General Director submits proposals to the Board of Directors regarding policies, the number, and job assignments for cadres to be appointed (Clause 1 Article III).
- Specific provisions on soliciting opinions from relevant organizations when proposing in-house candidates or candidates from other places (Article I.1.1 and I.1.2).
- The Board of Directors must issue a Resolution for the Chairman of the Board of Directors to issue the appointment decision (Clause 1 Article III).
🌐 本文件的社会影响
- Enhance transparency in the appointment of senior personnel in State-owned Corporations.
- Ensure strict and democratic procedures when selecting and appointing cadres.
- Assist enterprises with 100% state capital in complying with regulations on organizational management.
- It may cause difficulties for State-owned Corporations in strengthening their Board of Directors if they do not meet the required number of members.
❓ 常见问题
Who is this Circular applicable to?
This Circular applies to enterprises with 100% state capital, including State-owned Corporations and Companies as stipulated.
How many members must attend the Board of Directors when making appointments?
When appointing Deputy General Directors, Chief Accountants, and Directors of member units, the Board of Directors must have at least two-thirds of its members present.
What is the procedure for soliciting opinions when proposing in-house candidates?
Solicit opinions from key officials including the Standing Committee of the Party's Central Committee, the Standing Committee of the Trade Union of the State-owned Corporation (if any), the Secretary of the Party's Central Committee of the State-owned Corporation, and Heads and Deputy Heads of Departments, and Directors of member units.
Are there specific provisions for appointing candidates from other places?
Yes, when proposing candidates from other places, the Board of Directors must meet with the proposed appointee and work with the Standing Committee of the Party's Central Committee and the leadership of the unit where the candidate is working.
When does this Circular take effect?
This Circular takes effect from January 1, 2002.
全文
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THE GOVERNMENT ORGANIZATION AND STAFF AFFAIRS BOARD |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 10/2002/TT-BTCCBCP |
Hanoi, February 18, 2002 |
CIRCULAR
Guidelines for Implementing Decision No. 180/2001/QD-TTg dated November 16, 2001 of the Prime Minister on personnel for Deputy General Directors, Chief Accountants, and Directors of units under State-owned Corporations with 100% state capital
In implementing Decision No. 180/2001/QD-TTg dated November 16, 2001 of the Prime Minister on personnel for Deputy General Directors, Chief Accountants, and Directors of units under State-owned Corporations with 100% state capital, the Government Organization and Staff Affairs Board provides the following guidelines:
I- SUBJECTS AND CONDITIONS FOR APPLICATION:
1- The subjects to which this applies are enterprises with 100% state capital. This includes corporations established pursuant to Decision No. 90/TTg, 91/TTg dated March 7, 1994 of the Prime Minister; companies established pursuant to Directive No. 500 of the Prime Minister, and corporations and companies established by competent authorities with a Board of Directors.
2- CONDITIONS FOR APPLICATION:
2.1- The corporations and companies mentioned in Point 1 must have a Board of Directors, with the number of Board members according to current regulations being from 5 to 7 members. If corporations and companies do not have enough members, they must be supplemented to meet the required number.
2.2- When the Board of Directors of corporations convenes to consider the appointment of Deputy General Directors, Chief Accountants of corporations, and the approval of the appointment of directors of member units for the General Director to issue a decision, there must be at least two-thirds of the Board members present. For corporations that have not yet reached the required number of Board members, there must be at least three members present.
At the end of the meeting, a Resolution must be issued for the Chairman of the Board of Directors of the corporation to issue a decision on appointment.
II- PROCEDURES AND FORMALITIES FOR APPOINTING THE TITLES OF DEPUTY GENERAL DIRECTOR, CHIEF ACCOUNTANT OF CORPORATION, AND DIRECTORS OF MEMBER UNITS
1- For the titles of Deputy General Director and Chief Accountant:
Based on work requirements, the General Director submits to the Board of Directors (in writing) the policy, number, and proposed allocation of duties for the staff to be appointed.
The Board of Directors convenes to review the General Director's proposal. After obtaining the Board of Directors' agreement, the General Director proposes specific candidates.
1.1- For internal sources:
- The General Director and Deputy General Directors propose human resource plans based on the cadre planning pool and recommendations from cadres and employees within the unit.
- The leadership team (General Director, Deputy General Directors) discusses, selects candidates, and approves comments and evaluations. The need for each position may involve selecting one or more candidates.
- Organize consultations with key cadres, including: Standing Committee of the Party Committee of the Corporation (if applicable), Standing Committee of the Trade Union of the Corporation (if applicable), Secretary of the Party Committee of the Corporation Office, Heads and Deputy Heads of Departments, Directors, Secretaries of Party Cells, Chairpersons of Trade Unions of member units.
+ Discuss and deliberate on the requirements for appointment and cadre standards.
+ Announce the list of cadres recommended by the leadership; summarize their curriculum vitae, educational and work history; provide comments and evaluations of strengths and weaknesses, potential for development; and proposed job assignments.
+ Provide additional introductions (outside the list recommended by the leadership).
+ Candidates recommended can present their views on fulfilling tasks if appointed, and answer related questions.
+ Fill out ballots (without signing names).
- Leadership team
+ Analyze the results of the consultation ballots.
+ Verify and conclude on new issues arising (if any).
+ The Party Committee or Standing Committee of the Party Committee (where the candidate works) provides written comments on the proposed appointments.
+ The Board of Directors convenes to discuss, comment, evaluate, and vote on candidates (by secret ballot). Proposed appointees must be approved by a majority of Board members. A Resolution of the Board of Directors must be issued.
+ Based on the Board of Directors' Resolution, the Chairman of the Board of Directors issues a decision on appointment.
1.2- For external sources:
- The General Director and leaders of the Corporation propose candidates:
- The Board of Directors discusses and agrees on the policy and conducts the following actions:
+ Meet with the proposed appointee, exchange views on job requirements.
+ Work with the Standing Committee of the Party Committee, leadership of the agency or unit where the candidate works to exchange views on the need for appointment, understand the candidate, and verify the candidate's curriculum vitae.
+ Announce the policy and results of meetings with the agency or unit where the candidate works, and seek opinions from the Standing Committee of the Party Committee of the agency.
+ The Board of Directors discusses, comments, evaluates, and votes on candidates (by secret ballot); a Resolution of the Board of Directors must be issued.
- Based on the Board of Directors' Resolution, the Chairman of the Board of Directors issues a decision on appointment.
2- For the title of Director of member units:
- The process of collecting recommendation ballots is similar to the process for collecting recommendation ballots for Deputy General Directors and Chief Accountants.
- Based on the member unit's proposal to appoint cadres, the General Director reports to the Board of Directors (in writing).
- The Board of Directors convenes to review and issue a Resolution on the appointment of cadres.
- Based on the Board of Directors' Resolution, the Chairman of the Board of Directors signs a notification for the General Director to issue a decision on appointment.
III- IMPLEMENTATION:
This Circular takes effect from January 1, 2002.
All provisions regarding the appointment of Deputy General Directors, Chief Accountants, and Directors of member units of State-owned Corporations with 100% state capital that conflict with this Circular are abolished.
During implementation, if there are difficulties, please report to the Government Organization and Staff Affairs Board for research and resolution.
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Do Quang Trung (Signed) |
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