Circular No. 105/2018/TT-BQP Amending and supplementing some articles of Circular No. 147/2016/TT-BQP dated September 21, 2016, issued by the Minister of National Defense, on the management of individuals holding positions at state-owned enterprises under the Ministry of National Defense with 100% state capital 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

Amending and supplementing certain provisions of Circular No. 147/2016/TT-BQP dated September 21, 2016 issued by the Minister of National Defense on the management of individuals holding positions at enterprises which are wholly state-owned limited liability companies under the management of the Ministry of National Defense and State Capital Representatives in enterprises where the State holds more than 50% of the charter capital managed by the Ministry of National Defense Pursuant to Decree No. 97/2015/NĐ-CP dated October 19, 2015 of the Government on the management of individuals holding positions at enterprises which are wholly state-owned limited liability companies; 

Based on the Enterprise Law dated November 26, 2014;

Pursuant to Decree No. 106/2015/NĐ-CP dated October 23, 2015 of the Government on the management of State Capital Representatives holding managerial positions in enterprises where the State holds more than 50% of the charter capital;

At the proposal of the Director of the Economic Department of the Ministry of National Defense, capital The Minister of National Defense issues this Circular amending and supplementing certain provisions of Circular No. 147/2016/TT-BQP dated September 21, 2016 of the Minister of National Defense on the management of individuals holding positions at state-owned enterprises under the management of the Ministry of National Defense and State Capital Representatives in joint-stock companies with over 50% state-owned shares appointed by the Ministry of National Defense.

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;

Article 1. Amending and supplementing certain provisions of Circular No. 147/2016/TT-BQP dated September 21, 2016 of the Minister of National Defense on the management of individuals holding positions at enterprises which are wholly state-owned limited liability companies under the management of the Ministry of National Defense and State Capital Representatives in enterprises where the State holds more than 50% of the charter capital managed by the Ministry of National Defense, as follows:

"Article 3. Provisions on concurrently holding managerial positions for managers

1. Individuals appointed to hold the position of Chairman of the Board of Members, Company Chairman

1. Clause 3 shall be amended and supplemented as follows:

a) Shall not be officers currently working at budget units under the Ministry of National Defense; if appointing an officer currently working at a budget unit, there must be a decision on transfer or reassignment of work;

b) Shall not concurrently hold the position of General Director, Director, or Supervisor at a group, corporation, company themselves and other enterprises, except as otherwise provided by law;

c) Shall not concurrently hold managerial or operational positions at corporations, member companies.

2. Individuals appointed to hold the position of Member of the Board of Members

a) Shall comply with the provisions of point a and point c, Clause 1 of this Article;

b) May concurrently hold the position of General Director, Director of a group, corporation, company themselves.

3. Individuals appointed to hold the position of General Director, Deputy General Director, Director, Deputy Director

a) Shall comply with the provisions of point a, Clause 1 of this Article;

b) Shall not concurrently hold the position of General Director, Director, or Supervisor of another enterprise and Chief Accountant at a group, corporation, company themselves."
"Article 5. Competence to evaluate managers

1. The Minister of National Defense shall evaluate:

a) A customs declaration form for imported goods according to the information criteria specified in Model No. 01 - Declaration Form for Imported Goods attached as Appendix I to Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.

a) Chairmen of the Board of Members, Members of the Board of Members, Chairmen of Groups (Corporations, Companies), General Directors (Directors), Deputy General Directors (Deputy Directors), Supervisors at enterprises directly under the Ministry of National Defense;
b) Chairmen of the Board of Members, Members of the Board of Members, Chairmen of Corporations (Companies), General Directors (Directors) at enterprises under the direct management of the main units of the Ministry of National Defense.
2. Heads of main units directly under the Ministry of National Defense shall evaluate Deputy General Directors (Deputy Directors), Supervisors at enterprises under their main units, excluding the positions specified in Clause 1 of this Article.
3. The Board of Members, Chairmen of Groups (Corporations, Companies) shall evaluate remaining managerial positions within their enterprises and member units, excluding the positions specified in Clauses 1 and 2 of this Article."
3. Article 13 is amended and supplemented as follows:
"Article 13. Criteria for evaluating managers

1. Criteria for evaluating managers who have excellently completed tasks Managers who are evaluated as having excellently completed tasks must meet all of the following criteria:

a) The enterprise completes 100% of assigned tasks according to the production and business plan and unit construction plan approved by the competent authority, specifically as follows: There are five consolidated indicators, including: Revenue, post-tax profit, tax payment, average income and/or labor productivity, post-tax profit/Net assets, reaching a level of 100% or higher compared to the approved production and business plan; Financial supervision results, effectiveness evaluation, and enterprise classification according to the year by the Ministry of National Defense for state-owned enterprises and enterprises with state capital under the Ministry of National Defense pursuant to Circular No. 48/2017/TT-BQP dated March 5, 2017 issued by the Ministry of National Defense on financial supervision regulations, effectiveness assessment, and operation for state-owned enterprises and enterprises with state capital under the Ministry of National Defense (hereinafter referred to as Circular No. 48/2017/TT-BQP): The enterprise is classified as A, financially safe;
b) The enterprise achieves comprehensive strength, a clean and strong Party organization according to the provisions of the competent authority;
c) The enterprise achieves absolute safety according to the regulations of the Ministry of National Defense, except in cases of force majeure due to military or national defense tasks or due to objective reasons as prescribed by law;
d) Model compliance with the policies, guidelines, and laws of the Party and the State; anti-corruption laws; thrift and waste prevention; strict adherence to the regulations and decisions of the Ministry of National Defense; regulations of the immediate superior management of the enterprise; the enterprise's charter, internal rules, and regulations;
đ) Possess good political qualities, morals; lead a healthy lifestyle; have a proper work style; be a party member who has excellently completed tasks;
e) Lead, manage, direct, and operate member units or areas entrusted, completing assigned tasks well.
g) Participate in at least one social activity organized by the Ministry of National Defense or their own enterprise.
e) Direct, manage, lead, and administer member units or sectors assigned to be responsible for, and successfully complete the assigned tasks.
g) Participate in at least 01 social activity organized by the Ministry of National Defense or their own enterprise.
2. Criteria for evaluating managers who have satisfactorily completed their tasks: Managers must meet all of the following criteria to be evaluated as having satisfactorily completed their tasks:
a) The enterprise completes from 90% to less than 100% of assigned tasks according to the production and business plan and unit construction approved by the competent authority, specifically as follows: There are five consolidated indicators, including: Revenue, post-tax profit, tax payment, average income and/or labor productivity, post-tax profit/Net assets, reaching at least 90% compared to the approved production and business plan; Financial supervision results, effectiveness assessment, and enterprise classification by the Ministry of National Defense according to Circular No. 48/2017/TT-BQP: The enterprise is classified as type A, financially safe;
b) The enterprise achieves safety standards as prescribed by the Ministry of National Defense, except in cases of force majeure due to military or national defense tasks or objective reasons as stipulated by law;
c) Possess good political qualities and ethics; lead a healthy lifestyle; follow standard work procedures; be a party member who has satisfactorily completed their tasks;
d) The criteria specified in points b, d, e, and g of Clause 1 of this Article;
3. Criteria for evaluating managers who have completed their tasks: Managers must meet all of the following criteria to be evaluated as having completed their tasks:
a) The enterprise completes from 80% to less than 90% of assigned tasks according to the production and business plan and unit construction approved by the competent authority, specifically as follows: There are five consolidated indicators, including: Revenue, post-tax profit, tax payment, average income and/or labor productivity, post-tax profit/Net assets, reaching at least 80% compared to the approved production and business plan; Financial supervision results, effectiveness assessment, and enterprise classification by the Ministry of National Defense according to Circular No. 48/2017/TT-BQP: The enterprise is classified as type B, financial situation under control;
b) The enterprise achieves safety standards as prescribed by the Ministry of National Defense, except in cases of force majeure due to military or national defense tasks or objective reasons as stipulated by law;
c) Possess good political qualities and ethics; lead a healthy lifestyle; follow standard work procedures; be a party member who has completed their tasks;
d) Lead, manage, direct, and operate subordinate units or areas entrusted, completing assigned tasks;
đ) The criteria specified in points b, d, and g of Clause 1 of this Article;
4. Criteria for evaluating managers who have not completed their tasks: Managers will be evaluated as not having completed their tasks if they violate any of the following criteria:
a) The enterprise completes less than 80% of assigned tasks according to the production and business plan and unit construction approved by the competent authority, specifically as follows: One of the five consolidated indicators: Revenue, post-tax profit, tax payment, average income and/or labor productivity, post-tax profit/Net assets, reaches below 80% compared to the approved production and business plan; Financial supervision results, effectiveness assessment, and enterprise classification by the Ministry of National Defense according to Circular No. 48/2017/TT-BQP: The enterprise is classified as type C, financially unsafe (in case the enterprise is classified as type C, financially unsafe but the manager can prove that the responsibility does not belong to them, they have the right to request the competent authority to review and decide during the evaluation process);
b) The enterprise does not achieve comprehensive strength, the Party organization does not achieve integrity and strength as prescribed by the competent authority;
c) The enterprise is a unit that does not achieve safety as prescribed by the Ministry of National Defense;
d) Be a party member who has not completed their tasks;
đ) Fail to implement or violate the Party's policies and guidelines, state laws, anti-corruption laws, thrift and waste prevention regulations; fail to comply with or comply incorrectly with regulations and decisions of the Ministry of National Defense; regulations of the immediate superior management of the enterprise;
e) Fail to implement or violate the enterprise's charter, internal rules, and regulations;
g) Lead, manage, direct, and operate subordinate units or areas entrusted, failing to complete assigned tasks;
5. Enterprises performing politically significant tasks, military, and defense tasks without profit; during the long-term implementation process, significantly affecting the indicators compared to the approved production and business plan, shall base their task completion evaluation on the assessment results of the Party, State, and Ministry of National Defense, specifically as follows: outstanding task completion equivalent to 100% of the plan; satisfactory task completion equivalent to 90% to less than 100% of the plan; task completion equivalent to 80% to less than 90% of the plan; failure to complete tasks equivalent to less than 80% of the plan";

4. Article 14 is amended and supplemented as follows:

"Article 14. Evaluation criteria for representatives
1. Criteria for evaluating representatives who have excellently completed their tasks: Representatives must meet all of the following criteria to be evaluated as having excellently completed their tasks:
a) Complete 100% of assigned tasks according to the annual program and plan approved by the Ministry of National Defense, ensuring time and quality of work, specifically as follows: The enterprise has five consolidated indicators, including: Revenue, pre-tax profit, tax payment, average income and/or labor productivity, dividend ratio, reaching at least 100% compared to the enterprise's production and business plan; Financial supervision results, effectiveness assessment, and enterprise classification by the Ministry of National Defense according to Circular No. 48/2017/TT-BQP: The enterprise is classified as type A, financially safe; The representative complies with, adheres to, and satisfactorily completes the policies, resolutions, and directives of the owner;
b) The enterprise achieves absolute safety standards as prescribed by the Ministry of National Defense; except in cases of force majeure due to military or national defense tasks or objective reasons as stipulated by law;
c) Setting a good example in implementing the Party's guidelines, policies, and state laws; anti-corruption laws; practicing thrift and combating waste; strictly adhering to regulations and decisions of the Ministry of National Defense, direct superior management bodies of enterprises, resolutions of the Board of Directors, Board of Members, enterprise charters, internal rules, and regulations;
g) Participate in at least one social activity organized by the Ministry of National Defense or their own enterprise.
e) Not causing disunity among State Capital Representatives;
g) Participate in at least 01 social activity organized by the Ministry of National Defense or their own enterprise.
2. Criteria for Evaluating State Capital Representatives Successfully Completing Their Tasks State Capital Representatives are evaluated as successfully completing their tasks if they meet all of the following criteria:
a) Completing from 90% to less than 100% of assigned tasks according to the annual work program and plan approved by the Ministry of National Defense, ensuring both time and quality, specifically: The enterprise has five consolidated indicators, including: revenue, pre-tax profit, tax payment, average income and/or labor productivity, dividend ratio, achieving at least 90% of the business production and operation plan; Financial supervision results, effectiveness assessment, and enterprise classification by the Ministry of National Defense according to Circular No. 48/2017/TT-BQP: The enterprise is classified as A, financially sound; The Representative complies with, adheres to, and successfully completes the guidelines, resolutions, and directives of the owner;
b) The enterprise achieves safety standards as prescribed by the Ministry of National Defense, except in cases of force majeure due to military or national defense tasks or objective reasons as stipulated by law;
c) Possess good political qualities and ethics; lead a healthy lifestyle; follow standard work procedures; be a party member who has satisfactorily completed their tasks;
d) The criteria stipulated in points c, e, and g of Clause 1 of this Article;
3. Criteria for Evaluating State Capital Representatives Completing Their Tasks State Capital Representatives are evaluated as completing their tasks if they meet all of the following criteria:
a) Completing from 80% to less than 90% of assigned tasks according to the annual work program and plan approved by the Ministry of National Defense, ensuring both time and quality, specifically: The enterprise has five consolidated indicators, including: revenue, pre-tax profit, tax payment, average income and/or labor productivity, dividend ratio, achieving at least 80% of the business production and operation plan; Financial supervision results, effectiveness assessment, and enterprise classification by the Ministry of National Defense according to Circular No. 48/2017/TT-BQP: The enterprise is classified as B, financial situation under control; The Representative complies with, adheres to, and completes the guidelines, resolutions, and directives of the owner;
b) The enterprise achieves safety standards as prescribed by the Ministry of National Defense, except in cases of force majeure due to military or national defense tasks or objective reasons as stipulated by law;
c) Possess good political qualities and ethics; lead a healthy lifestyle; follow standard work procedures; be a party member who has completed their tasks;
d) The criteria stipulated in points c, e, and g of Clause 1 of this Article;
4. Criteria for Evaluating State Capital Representatives Failing to Complete Their Tasks. State Capital Representatives are evaluated as failing to complete their tasks when violating any of the following criteria:
a) Completing less than 80% of assigned tasks according to the annual work program and plan approved by the Ministry of National Defense, ensuring both time and quality, specifically: The enterprise has one of the five consolidated indicators: revenue, pre-tax profit, tax payment, average income and/or labor productivity, dividend ratio, achieving less than 80% of the business production and operation plan; Financial supervision results, effectiveness assessment, and enterprise classification by the Ministry of National Defense according to Circular No. 48/2017/TT-BQP: The enterprise is classified as C, financially unsafe (in cases where the enterprise is classified as C, financially unsafe but the Representative can prove that the responsibility does not lie with them, they have the right to request the competent authority to review and decide during the evaluation process); The Representative fails to complete the guidelines, resolutions, and directives of the owner;
b) The enterprise is a unit that does not achieve safety as defined by the Ministry of National Defense;
c) Being a Party member who fails to complete their tasks;
d) Not implementing or violating the Party's guidelines, policies, and state laws; anti-corruption laws; practicing thrift and combating waste; regulations and decisions of the Ministry of National Defense, and being disciplined by the competent authority according to the provisions;
đ) Causing disunity and division among State Capital Representatives;
e) Violating the enterprise charter, internal rules, and regulations, not complying with or complying incorrectly with the resolutions of the Board of Directors, Board of Members";

Article 2. Effective Date

This Circular takes effect from September 8, 2018;

Article 3. Responsibility for Implementation

The Chief of General Staff, Director of the Political General Department, Commanders of agencies, units, enterprises, organizations, and individuals related to this Circular are responsible for its implementation.