Decree No. 159/2020/NĐ-CP on managers holding positions and titles and state capital representatives at enterprises

 

DECREE

On the management of individuals holding positions and titles and state capital representatives at enterprises

On the basis of Law on Government Organization dated June 19, 2015;

On the basis of Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of The Enterprise Law on January 17 May 14, 2016 Government Decree detailing some provisions and measures to implement the Law on Legislative Regulatory Documents;

On the basis of Law on Management and Use of State Capital for Investment in Production and Business Activities of Enterprises dated November 26, 2014;

On the basis of Civil Servants Law dated November 13, 2008;

On the basis of Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Public Officer Law dated November 25, 2019;

||| Based on the proposal of the Minister of Home Affairs;

The Government issues the Decree on the management of individuals holding positions and titles and state capital representatives at enterprises.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates:

1. Evaluation, planning, appointment, reappointment, transfer, rotation, resignation, removal, commendation, discipline, retirement for individuals holding positions and titles and State Control Officers at enterprises wholly owned by the State.

2. Evaluation, nomination, renomination, termination of state capital representation, commendation, discipline, retirement for state capital representatives at enterprises.

Article 2. Applicability

1. State-owned enterprise representative bodies.

2. Enterprises wholly owned by the State.

3. Enterprises in which the State holds more than 50% of the charter capital or voting shares; enterprises in which the State holds up to 50% of the charter capital or voting shares (hereinafter referred to as enterprises with state capital).

4. Individuals holding positions and titles at enterprises wholly owned by the State (hereinafter referred to as state enterprise managers), including:

a) Chairman of the Board of Members;

b) Company Chairman (for companies without a Board of Members);

c) Member of the Board of Members;

d) General Director;

đ) Director;

e) Deputy General Director;

g) Deputy Director;

h) Chief Accountant.

5. State Control Officer at enterprises wholly owned by the State (hereinafter referred to as State Control Officer).

6. State capital representatives at enterprises in which the State holds more than 50% of the charter capital or voting shares and state capital representatives at enterprises in which the State holds up to 50% of the charter capital or voting shares (hereinafter referred to as state capital representatives).

7. Other agencies, organizations, and individuals related to the management and utilization of state enterprise managers, State Control Officers, and state capital representatives at enterprises.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Competent authority is the level having the right to decide:

a) Evaluation, planning, appointment, reappointment, transfer, rotation, approval of resignation, removal, commendation, discipline, retirement for state enterprise managers and State Control Officers;

b) Evaluation, nomination, renomination, termination of state capital representation, commendation, discipline, retirement for state capital representatives.

2. Advisory body is the agency responsible for personnel work of the competent authority.

4. State capital representative at an enterprise is an individual appointed by the state-owned enterprise representative body to represent a portion or all of the state's investment capital at the enterprise to exercise all or some rights, responsibilities, and obligations of state shareholders or contributors according to the law.

5. State Control Officer is an individual under the management authority of the state-owned enterprise representative body, appointed by the state-owned enterprise representative body, working on a full-time or part-time basis.

Article 4. Principles for managing business managers, Supervisors, and State Capital Representatives

1. Ensuring the unified leadership of the Party in the work of managing and utilizing state-owned enterprise managers, Supervisors, and State Capital Representatives.

2. Ensuring compliance with the relevant laws on enterprises and related laws.

3. Implementing the principle of centralized democracy, clearly defining the responsibilities of collectives and individual responsibilities, especially the responsibility of leaders in personnel work.

4. In cases where state-owned enterprise managers, Supervisors, and State Capital Representatives hold multiple positions simultaneously, it must ensure that there is no conflict of interest.

5. Where a law provides different regulations on the management and utilization of state-owned enterprise managers, Supervisors, and State Capital Representatives than those stipulated in this Decree, such provisions shall be followed.

Chapter II
AUTHORITY TO DECIDE AND HOLD MULTIPLE POSITIONS FOR BUSINESS MANAGERS, SUPERVISORS, AND STATE CAPITAL REPRESENTATIVES

Article 5. Authority of the Prime Minister

1. Deciding on the appointment, reappointment, transfer, rotation, acceptance of resignation, dismissal, commendation, disciplinary action, and retirement of the Chairman of the Board of Members of enterprises under the authority to establish by the Prime Minister.

2. Deciding on the appointment, reappointment, transfer, rotation, acceptance of resignation, dismissal, commendation, disciplinary action, and retirement of the Chairman of the Military Industry and Telecommunications Group Company.

3. Deciding on the appointment of the General Director of the State Capital Investment Corporation.

4. Giving opinions before the appointment of the General Director of enterprises under the authority to establish by the Prime Minister, except for the case stipulated in Clause 3 of this Article.

Article 6. Authority of the State Capital Representative Agency

1. For enterprises wholly owned by the State with 100% capital contribution under the authority to establish by the Prime Minister:

a) Deciding on the evaluation of the Chairman of the Board of Members and the Chairman of the company;

c) Deciding on the evaluation, planning, appointment, reappointment, transfer, rotation, acceptance of resignation, dismissal, commendation, disciplinary action, and retirement of members of the Board of Members and Supervisors;

d) Giving opinions before the Board of Members or the Chairman of the company decides on the planning, appointment, reappointment, transfer, rotation, acceptance of resignation, dismissal, commendation, disciplinary action, and retirement of the General Director, Director, except for the case stipulated in Clause 3 of Article 5 of this Decree;

đ) Approving the policy proposal of the Board of Members regarding the appointment of Deputy General Directors and Deputy Directors.

2. For enterprises wholly owned by the State with 100% capital contribution under the authority to establish by the State Capital Representative Agency:

a) Deciding on the evaluation, planning, appointment, reappointment, transfer, rotation, acceptance of resignation, dismissal, commendation, disciplinary action, and retirement of the Chairman of the Board of Members, Chairman of the company, members of the Board of Members, and Supervisors;

b) Giving opinions before the Board of Members or the Chairman of the company decides on the planning, appointment, reappointment, transfer, rotation, acceptance of resignation, dismissal, commendation, disciplinary action, and retirement of the General Director, Director;

c) Approving the policy proposal of the Board of Members regarding the appointment of Deputy General Directors and Deputy Directors.

3. For enterprises with State capital:

Deciding on the evaluation, dispatch, re-dispatch, termination of representation of State capital, commendation, disciplinary action, and retirement of State Capital Representatives.

Article 7. Concurrent holding of positions for state enterprise managers, Supervisors, and State Capital Representatives

1. The concurrent holding of other positions by state enterprise managers shall be regulated as follows:

a) Members of the Board of Members may not concurrently hold management positions within their own enterprises, except as provided in point c of this Clause;

b) Chairperson of the Board of Members, General Director, Director, Chief Accountant may not concurrently hold management positions within their own enterprises or other enterprises; the Company Chairman may concurrently hold the position of General Director or Director of their own enterprise but may not concurrently hold management positions in other enterprises;

c) Except for the Chairperson of the Board of Members, other members of the Board of Members may concurrently hold the positions of General Director or Director of their own enterprise or another enterprise that is not a member enterprise, pursuant to the decision of the agency representing the owner;

d) Deputy General Directors, Deputy Directors may concurrently hold the positions of Chairperson of the Board of Members, Chairperson of the Board of Directors, member of the Board of Members, member of the Board of Directors, Company Chairman at member enterprises, but not more than three;

đ) State enterprise managers must not be civil servants, public officials, or employees;

2. The concurrent holding of other positions by Supervisors shall be regulated as follows:

a) Head of the Supervisory Board, Supervisor may not be a company manager or a manager at another enterprise; may not be a Supervisor of a non-state enterprise; may not be an employee of the company;

b) An individual may concurrently be appointed as Head of the Supervisory Board or Supervisor of no more than four state enterprises;

3. The concurrent holding of other positions by State Capital Representatives shall be regulated as follows:

a) Dedicated State Capital Representatives may only participate in representing state capital at one enterprise;

b) Non-dedicated State Capital Representatives may participate in representing state capital at another enterprise under the same owner representative agency, but not more than three;

c) State Capital Representatives may not concurrently represent state capital at another enterprise under a different owner representative agency;

d) State Capital Representatives must not be civil servants, public officials, or employees;

Chapter III
ANNUAL QUALITY ASSESSMENT AND RANKING FOR STATE ENTERPRISE MANAGERS, SUPERVISORS, AND STATE CAPITAL REPRESENTATIVES

Article 8. Ranking

State enterprise managers, Supervisors, and State Capital Representatives shall be annually assessed and ranked according to four levels: Outstandingly completing tasks, well completing tasks, completing tasks, failing to complete tasks.

Article 9. Responsibility for Assessment and Ranking

1. Annually, the competent authority has the responsibility to assign and specifically determine performance indicators and tasks for the Board of Members, Supervisors, and State Capital Representatives;

2. The competent authority responsible for assessment and ranking bears legal responsibility for its decisions.

Article 10. Evaluation Time

1. The evaluation of state enterprise managers and Supervisors shall be conducted annually following the announcement of the results of enterprise classification by the representative body of the owner according to the law; the evaluation of state capital representatives shall be carried out after the annual financial report of the enterprise is published.

Article 11. Basis for Evaluation and Classification

1. For state enterprise managers, the basis shall be:

a) The enterprise charter;

b) The rights and responsibilities of state enterprise managers as stipulated by law;

c) Programs, plans, targets, and tasks assigned and approved annually.

2. For Supervisors and state capital representatives, the basis shall be:

a) The rights and responsibilities of Supervisors and state capital representatives as stipulated by law;

b) Programs, plans, targets, and tasks assigned and approved annually;

c) Compliance with the provisions of the enterprise charter during the performance of their functions, duties, and powers.

Article 12. Content of Evaluation

The content of evaluating state enterprise managers, Supervisors, and state capital representatives includes:

1. Enterprise operation results according to the law and the enterprise charter;

2. Individual work results:

a) Political qualities, ethics, lifestyle; organizational discipline awareness; working style and procedures;

b) Compliance with the Party's policies and State laws; anti-corruption laws; thrift and waste prevention; internal regulations and rules of the enterprise;

c) Results of completing assigned targets and tasks for the year;

d) Results of addressing identified weaknesses (if any);

e) Compliance with and adherence to directives from the representative body of the owner.

Article 13. Procedure and Formalities for Evaluation

1. For state enterprise managers:

a) State enterprise managers write self-assessment reports according to the evaluation criteria and self-rate their quality level;

b) The Board of Members convenes to assess the state enterprise manager. The meeting for evaluation and classification is recorded in minutes, detailing the participants and opinions presented;

c) Written opinions on the evaluation and classification of the state enterprise manager from the same-level party committee are collected;

d) Based on the opinions of the same-level party committee, the Board of Members or the Chairman of the company reviews and decides on the evaluation and classification of the state enterprise manager within their authority, or reports the results to the representative body of the owner for review and decision.

2. For the Controller:

a) Supervisors write self-assessment reports and self-rate their quality level, sending them to the representative body of the owner;

b) Based on the evaluation and classification criteria set forth in this Decree and the annual plan tasks assigned, the representative body of the owner reviews and decides on the quality level classification for Supervisors.

3. For state capital representatives:

a) State capital representatives write self-assessment reports according to the evaluation criteria and self-rate their quality level, sending them to the representative body of the owner;

b) The representative body of the owner collects comments and assessments from the Board of Members, the Chairman of the company, and the Board of Directors regarding the state capital representative (if necessary);

c) Based on the evaluation and classification criteria set forth in this Decree and the annual plan tasks assigned, the representative body of the owner reviews and decides on the quality level classification for state capital representatives.

4. The evaluation and classification results are filed in the records and notified to each state enterprise manager, Supervisor, and state capital representative.

Article 14. Criteria for Outstanding Task Completion Evaluation

The State-owned Enterprise Manager, Supervisor, and State Capital Representative shall be evaluated as having completed tasks outstandingly when meeting the following criteria:

1. Business operation results:

a) For the State-owned Enterprise Manager: The enterprise is classified as type A according to regulations;

b) For the Supervisor: The enterprise is assessed as complying well with legal provisions, the enterprise charter, and directives from the state capital representative body and competent authority;

c) For the State Capital Representative: The enterprise complies well with legal provisions, the enterprise charter, and directives from the competent authority; achieves 100% or more of the profit after tax and post-tax profit rate on equity targets set in the plan, except in cases of force majeure or objective reasons approved by the state capital representative body.

2. Individual work results:

a) Possess good political qualities, ethics; lead a healthy lifestyle; have standard work habits;

b) Always set a good example, comply well with Party policies and state laws; anti-corruption laws; practice thrift and oppose waste; enterprise charters, internal rules, and regulations;

c) Achieve 100% or more of the assigned work performance indicators and tasks for the year, except in cases of force majeure or objective reasons approved by the competent authority;

d) Successfully address identified weaknesses and deficiencies (if any);

đ) Compliance with directives from the state capital representative body for Supervisors and State Capital Representatives.

Article 15. Criteria for Good Task Completion Evaluation

The State-owned Enterprise Manager, Supervisor, and State Capital Representative shall be evaluated as having completed tasks well when meeting the following criteria:

1. Business operation results:

a) For the State-owned Enterprise Manager: The enterprise is classified as type A according to regulations;

b) For the Supervisor: Meet the criteria stipulated in point b, Clause 1, Article 14 of this Decree;

c) For the State Capital Representative: The enterprise complies well with legal provisions, the enterprise charter, and directives from the competent authority; achieves 90% or more of the profit after tax and post-tax profit rate on equity targets set in the plan, except in cases of force majeure or objective reasons approved by the state capital representative body.

2. Individual performance results:

a) Meet the criteria stipulated in points a, b, d, and đ, Clause 2, Article 14 of this Decree;

b) Achieve 90% or more of the assigned work performance indicators and tasks for the year, except in cases of force majeure or objective reasons approved by the competent authority.

Article 16. Criteria for Task Completion Evaluation

The State-owned Enterprise Manager, Supervisor, and State Capital Representative shall be evaluated as having completed tasks when meeting the following criteria:

1. Business operation results:

a) For the State-owned Enterprise Manager: The enterprise is classified as type B according to regulations;

b) For the Supervisor: The enterprise is assessed as not complying well with legal provisions, the enterprise charter, and directives from the competent authority. This point shall not apply if the Supervisor has issued a written warning and reported to the state capital representative body;

c) For the State Capital Representative: The enterprise does not comply well with legal provisions, the enterprise charter, and directives from the competent authority, or achieves between 70% and less than 90% of the profit after tax and post-tax profit rate on equity targets set in the plan, except in cases of force majeure or objective reasons approved by the state capital representative body.

2. Individual work results:

a) Meet the criteria stipulated in points a, b, d, and đ, Clause 2, Article 14 of this Decree;

b) Achieves between 70% and less than 90% of the assigned work performance indicators and tasks for the year, except in cases of force majeure or objective reasons approved by the competent authority.

Article 17. Criteria for failing to complete tasks

The State-owned enterprise manager, Supervisor, and State capital representative shall be evaluated as not completing their tasks if they meet any of the following criteria:

1. Business operation results:

a) For the State-owned enterprise manager: The enterprise is classified as type C according to regulations;

b) For the Supervisor: The enterprise violates laws and regulations, the enterprise charter, directives from the state asset representative body, and competent authorities, except when the Supervisor has issued a written warning and reported it to the state asset representative body;

c) For the State capital representative: The enterprise violates laws and regulations, the enterprise charter, does not fully comply with directives from competent authorities, or achieves less than 70% of the post-tax profit targets and the post-tax profit rate on equity capital assigned according to the plan, except in cases of force majeure or objective reasons approved by the owner;

2. Individual work results:

a) Shows signs of political and moral decline, unhealthy lifestyle, and violations of rules on organizational discipline and work style as concluded by competent authorities;

b) Does not implement or violates the Party's guidelines and policies, national laws, anti-corruption laws, thrift practices, and waste prevention, enterprise charters, internal regulations, and rules;

c) Completes less than 70% of assigned performance indicators and tasks for the year, except in cases of force majeure or objective reasons approved by competent authorities;

d) Does not implement or does not properly follow directives from the state asset representative body and competent authorities;

e) Cannot rectify identified weaknesses and deficiencies (if any);

Chapter IV
PLANNING FOR STATE-OWNED ENTERPRISE MANAGERS AND SUPERVISORS

Section 1

PRINCIPLES AND CONDITIONS FOR IMPLEMENTING PLANNING AND PREPARATION PRIOR TO IMPLEMENTATION

1. Planning is conducted once every five-year period, reviewed and supplemented annually, ensuring dynamism and openness. At the beginning of the second year of each period, planning for the next period is initiated.

2. Planning work must be carried out strictly, objectively, scientifically organized, accurately, economically, and effectively, ensuring the selection of individuals who meet the required standards and conditions.

3. Personnel considered for inclusion in planning:

a) Must meet general standards set by the Party and the State and substantially meet the specific standards for each management position established by competent authorities;

b) Must be based on the requirements and tasks of the enterprise;

c) Must be assessed for political and moral qualities, lifestyle, qualifications, practical capabilities, and potential for development before being included in planning;

d) Must not be under consideration for disciplinary action, execution of disciplinary decisions, investigation, prosecution, or trial;

4. For personnel currently holding management positions, they can only be planned for higher positions and must have sufficient age (calculated in months) to serve at least one term, starting from the date the competent authority approves the planning;

5. The planning for Supervisors is implemented and decided upon by the state asset representative body within its jurisdiction.

Article 19. Preparation before implementing the planning process

At the beginning of each five-year period, the Board of Members and the Chairman of the company must direct and guide member enterprises to develop plans for positions under their delegated management authority as a basis for selecting candidates for their own level of direct management.

Section 2

STEPS TO IMPLEMENT PLANNING

Article 20. Identifying and introducing planning candidates

The identification and introduction of candidate lists for inclusion in the planning pool shall be carried out as follows:

1. The advisory body responsible for developing plans and proposing candidate lists for inclusion in the planning pool shall report to the Board of Members and the Chairman of the company.

The candidate list for inclusion in the planning pool must contain all the following information: full name; date of birth; place of origin; date of joining the Party (if applicable); professional qualifications; political theory level (if applicable); managerial position; current workplace.

2. The leadership team of the enterprise shall convene to reach consensus on the structure and number of planned candidates; review the proposed candidate list and introduce additional candidates (if necessary); vote secretly to decide on the candidate list to be introduced at the meeting to solicit recommendations for the planning pool.

Article 21. Organizing a key cadre meeting to introduce planning candidates

The Board of Members and the Chairman of the company shall preside over a key cadre meeting to introduce planning candidates. The meeting must have at least two-thirds of the attendees present.

1. The participants in the meeting at the group corporation are defined as follows:

b) At enterprises held 100% by the group corporation: Chairman of the Board of Members or Chairman of the company, General Director, Director, Secretary of the Party Committee;

c) At enterprises held more than 50% by the group corporation or the total number of voting shares: State Capital Representative or Overall Responsible Person, Secretary of the Party Committee;

d) At enterprises held not more than 50% by the group corporation or the total number of voting shares: State Capital Representative or Overall Responsible Person;

đ) At affiliated public service units of the group corporation: Head of the unit, Secretary of the Party Committee.

2. The participants in the meeting at the holding company are defined as follows:

b) At enterprises held 100% by the holding company: Chairman of the Board of Members or Chairman of the company, General Director, Director, Secretary of the Party Committee;

c) At enterprises held more than 50% by the holding company or the total number of voting shares: State Capital Representative or Overall Responsible Person, Secretary of the Party Committee;

d) At enterprises held not more than 50% by the holding company or the total number of voting shares: State Capital Representative or Overall Responsible Person;

đ) At affiliated public service units of the holding company: Head of the unit, Secretary of the Party Committee.

3. The participants in the meeting at state-owned companies held 100% by the state are defined as follows:

b) At enterprises held 100% by the company: Head of the enterprise, Secretary of the Party Committee;

c) At enterprises held more than 50% by the company or the total number of voting shares: State Capital Representative or Overall Responsible Person, Secretary of the Party Committee;

d) At enterprises held not more than 50% by the company or the total number of voting shares: State Capital Representative or Overall Responsible Person;

đ) At affiliated public service units of the company: Head of the unit, Secretary of the Party Committee.

4. Procedure for conducting the meeting:

a) The chairperson of the meeting shall announce the purpose, requirements, criteria, conditions, and the proposed structure and number of candidates for each position.

The advisory body shall introduce the candidate list for inclusion in the planning pool. Meeting participants may introduce additional candidates outside the prepared list but must provide a brief resume, comments, and evaluation of work performance over the last three years for the person being recommended;

b) The meeting shall discuss and provide opinions;

c) Meeting participants shall vote secretly to recommend the planning pool candidates. The number of ballots distributed and collected must be announced at the meeting. The voting results will not be announced at this meeting.

Article 22. Organizing an expanded leadership meeting to seek opinions on the list of personnel expected to be included in the planning

1. The advisory body shall compile the results of introducing sources for planning and report to the enterprise's leadership team for discussion and consensus on the list of personnel expected to be included in the planning to be discussed at the expanded leadership meeting. Personnel expected to be included in the planning must receive at least 30% of the votes at the key cadres' meeting introducing them.

2. The expanded leadership meeting must have at least two-thirds of the people summoned to attend.

Participants in the meeting include: Chairman of the Board of Members or Company Chairman, Board of Members members, Auditor, General Director, Deputy General Director, Chief Accountant, and the same-level Party Committee; Heads of departments (divisions) and equivalent positions in the parent company; Chairmen of the Board of Members and Company Chairmen of enterprises held 100% of the charter capital by the parent company; general representatives in charge (if any) or state capital representatives in enterprises held over 50% of the charter capital or total voting shares by the parent company.

3. Procedure for conducting the meeting:

a) The Chairman of the Board of Members or Company Chairman shall disseminate the purpose, requirements, standards, conditions, and proposed structure and number of personnel for each position.

The advisory body shall introduce the list of personnel expected to be included in the planning that has been agreed upon by the expanded leadership team as stipulated in Clause 1 of this Article.

b) The meeting shall discuss and provide opinions;

c) Meeting participants shall vote secretly to recommend the planning pool candidates. The number of ballots distributed and collected must be announced at the meeting. The voting results will not be announced at this meeting.

Article 23. Decision on Planning

a) For each position, there must be from two to four people planned, not just one person for one position;

b) One person cannot be planned for more than three positions;

c) Age structure is appropriate.

2. In cases where more than 50% of the total members of the enterprise's leadership team agree to introduce, such cases will be decided or submitted to the competent authority for decision to be included in the planning.

Article 24. Periodic Review and Supplement to Planning

Annually, the Board of Members and Company Chairman shall conduct a review and supplement to the planning once to consider and supplement new personnel into the planning and remove those who no longer meet the standards and conditions of the planned positions. The review and supplement period will be conducted after the annual quality assessment results or according to the decision of the Board of Members and Company Chairman to meet the needs of the enterprise.

Article 25. Procedure for Reviewing and Supplementing Planning

1. Based on the results of the annual quality assessment, the advisory body shall be responsible for:

a) Reviewing, auditing, and proposing plans to supplement personnel who meet the standards and conditions for inclusion in the planning and recommending removal from the planning for those who no longer meet the prescribed standards and conditions;

b) Reporting to the enterprise's leadership team for consideration and opinion on the plan to supplement the planning before seeking opinions at the key cadres' meeting and considering and secret ballot for cases recommended for removal from the planning. Cases where more than 50% of the total members of the enterprise's leadership team agree will be removed from the planning or submitted to the competent authority for decision to remove from the planning.

2. Organizing a key cadres' meeting to introduce personnel expected to be supplemented in the planning: Implemented as stipulated in Article 21 of this Decree.

3. Organizing an expanded leadership meeting to seek opinions on the list of personnel expected to be supplemented in the planning: Implemented as stipulated in Article 22 of this Decree.

4. Decision to Supplement Planning:

Based on the results of the meetings as stipulated in Clauses 2 and 3 of this Article, and in accordance with the prescribed standards, conditions, structure, and quantity, the advisory body shall review, compile, report to the enterprise's leadership team for discussion and secret ballot decision on personnel to be supplemented in the planning for each position.

Cases where more than 50% of the total members of the enterprise's leadership team agree to introduce will be decided or submitted to the competent authority for decision to be included in the planning.

The personnel planning file must be truthfully, accurately, and fully declared according to the contents specified in the items and must be confirmed or certified by the competent authority as prescribed, including:

1. A proposal for approval of the planning plan signed by the head of the competent agency or organization;

2. A list of candidates for planning and the results of recommendation ballots at meetings during the planning process, with confirmation from the competent authority;

3. A personal curriculum vitae declared by the individual according to the prescribed form, confirmed by the competent authority, with a color photograph measuring 4x6 cm attached, taken within six months;

4. Comments and evaluations by the Board of Directors or the Chairman of the company;

5. Comments and evaluations by the same-level Party Committee;

6. Comments by the local Party Branch on the individual and their family. In cases where the place of residence of the individual differs from that of the family, comments must be obtained from the local Party Branch where the individual resides and where the family resides;

7. A declaration of assets and income according to the prescribed form;

8. Copies of certificates and diplomas as required by the standards for the position or appointment. In cases where the personnel have a degree from an educational institution abroad, it must be recognized in Vietnam as prescribed;

9. A health certificate issued by a competent medical facility within six months.

Chapter V
APPOINTMENT, REAPPOINTMENT, AND TRANSFER OF STATE ENTERPRISE MANAGEMENT PERSONNEL AND AUDITORS

Section 1

APPOINTMENT

Article 27. Term of Office

1. The term of office for each appointment period of state enterprise management personnel and Auditors is five years, calculated from the date the appointment decision becomes effective. In cases where the term of office is less than five years, it shall be implemented according to the decision of the competent authority.

2. In cases where state enterprise management personnel and Auditors are transferred or appointed to a new equivalent or higher position, the term of office shall be calculated from the date the transfer or appointment decision for the new position becomes effective.

3. In cases where the managerial title changes due to a change in the name of the enterprise, the term of office shall be calculated from the date of the appointment decision according to the old title under the old name of the enterprise.

1. Ensuring general standards as prescribed by the Party and State and specific standards for the appointed position as prescribed by the competent authority.

2. Being included in the planning for the appointed position for internal personnel sources or being included in an equivalent position if from external sources. In cases where a newly established enterprise has not yet completed the approval of the planning, the decision shall be made by the competent authority.

3. Having a verified personal file and declaration of assets and income as prescribed.

4. Age for appointment:

a) Must meet the age requirement (calculated in months) to serve a full term of the managerial position, starting from the implementation of the appointment process; in special cases, report to the competent authority for consideration and decision;

b) In cases where, due to work requirements, they are assigned a new equivalent or lower position, the age requirement stipulated in point a of this clause shall not apply.

5. Being in good health to fulfill the assigned tasks.

6. Not belonging to the categories prohibited from holding positions as prescribed by law.

7. Not being within the disciplinary action period, currently under investigation, prosecution, or trial. In cases where the enterprise is undergoing inspection or audit by a competent authority, the competent authority shall consult with the inspection or audit body regarding the proposed appointee before making a decision.

Article 29. Proposal for the appointment policy

1. For the appointment of state enterprise managers:

a) The leadership collective of the enterprise shall convene to discuss and decide or submit to the competent authority for decision on the policy, number, human resources source, and proposed job assignments for the appointees;

2. For the appointment of Supervisors:

a) The advisory body shall propose in writing to the owner's representative agency regarding the policy and the proposed candidates for appointment;

1. Proposing structure, criteria, conditions, and procedures:

Based on the policy, mission requirements, and planned human resources, the leadership collective of the enterprise shall convene to discuss and propose the structure, criteria, conditions, and procedures for introducing personnel.

2. Organizing an expanded leadership meeting to discuss and reach consensus on the structure, criteria, conditions, procedures for introducing personnel, and conducting the introduction of personnel through secret ballots.

The participants in the meeting shall be as stipulated in Clause 2 of Article 22 of this Decree. Each member attending the meeting introduces one person for one position. Whoever receives a vote ratio exceeding fifty percent of the total number of attendees introducing is selected. In cases where no one reaches over fifty percent, two people with the highest number of votes from top down are chosen to introduce at subsequent steps. The voting results will not be announced at this meeting.

3. Selecting personnel to present for trust votes at the key cadres conference:

The leadership collective of the enterprise bases on the structure, criteria, conditions, mission requirements, and the ability to meet the needs of the introduced personnel, and based on the results of the personnel introduction at Step 2, conducts discussions and introduces personnel through secret ballots. Each member attending the meeting introduces one person for one position among those introduced at Step 2 or introduces another person who meets the prescribed criteria and conditions.

Whoever receives a vote ratio exceeding fifty percent of the total number of members of the leadership collective introducing is selected. In cases where no one reaches over fifty percent, two people with the highest number of votes from top down are chosen to present for trust votes at the key cadres conference. The voting results will be announced at this meeting.

In cases where the introduction results of the leadership collective differ from the introduction results at Step 2 for personnel within the decision-making authority of the owner's representative agency, the Board of Members and the Company Chairman report and explain clearly to the owner's representative agency for consideration and guidance before proceeding with subsequent steps.

4. Organizing the key cadres conference:

Organize the key cadres conference, the participants shall be as stipulated in Article 21 of this Decree.

The conference shall implement the following contents: Announce the structure, criteria, conditions, and the ability to meet the mission requirements of the position to be appointed; announce the list of personnel introduced by the leadership collective of the enterprise at Step 3; summarize the curriculum vitae, educational and work history; comment, evaluate strengths and weaknesses, prospects for development; proposed job assignments; record trust votes (may sign or not sign name). The voting results will not be announced at this meeting.

5. Decision on appointment:

The leadership collective of the enterprise discusses the results of the votes at the conferences; verifies and concludes new issues (if any); discusses, comments, evaluates, and votes on personnel through secret ballots. Whoever receives a vote ratio exceeding fifty percent of the total number of members of the leadership collective agreeing is selected for appointment recommendation. In cases where two people have the same number of votes (reaching fifty percent), the personnel recommended by the Chairman of the Board of Members or the Company Chairman is selected for appointment recommendation, while reporting all differing opinions for the competent authority to consider and decide.

Solicit written opinions from the higher-level Party Committee of the enterprise's Party Committee for personnel required to obtain opinions from the higher-level Party Committee according to regulations.

The Chairman of the Board of Members, the Company Chairman makes the appointment decision within their authority or submits it to the competent authority for consideration and decision.

1. In cases where personnel from other sources are proposed by the enterprise, the procedures and formalities shall be carried out as follows:

a) The enterprise leadership body discusses and agrees on the policy to implement and conducts the following tasks: Appoint representatives to meet with the proposed appointee to exchange views on job requirements; exchange and obtain comments and evaluations from the leadership body of the organization where the personnel are currently working regarding the policy of transfer and appointment; verify the personnel's background;

b) The enterprise leadership body discusses, comments, evaluates, and votes on the personnel by secret ballot. The proposed appointee must receive more than 50% agreement from the total number of members of the enterprise leadership body;

c) Obtain written opinions from the superior party committee of the enterprise party committee in cases where personnel are required to obtain opinions from the superior party committee according to regulations;

d) The Chairman of the Board of Members, the Company Chairman issues the decision to appoint within their authority or submits it to the competent authority for consideration and decision.

2. In cases where personnel from other sources are planned for transfer and appointment by the representative body of the owner, the procedures and formalities shall be carried out as follows:

a) The representative body of the owner takes the lead in conducting the following tasks: Exchange opinions with the Board of Members, the Company Chairman on the plan for transfer and appointment; exchange and obtain comments and evaluations from the leadership body of the organization where the personnel are currently working regarding the policy of transfer and appointment; meet with the proposed appointee to exchange views on job requirements; verify the personnel's background;

b) Obtain written opinions from the superior party committee of the enterprise party committee in cases where personnel are required to obtain opinions from the superior party committee according to regulations;

c) The representative body of the owner's leadership body discusses, comments, evaluates, and votes on the personnel by secret ballot. The proposed appointee must receive more than 50% agreement from the total number of members of the representative body of the owner's leadership body;

d) The representative body of the owner decides on transfer and appointment or notifies the Chairman of the Board of Members, the Company Chairman to decide on acceptance and appointment within their authority.

Article 32. Procedures and formalities for appointment of personnel within the Prime Minister’s decision-making authority

1. For local personnel, the following steps shall be implemented:

a) The enterprise leadership body discusses and proposes the need for appointment, submitting to the representative body of the owner;

b) The representative body of the owner submits to the Prime Minister for approval on the policy, quantity, and proposed job assignment for the proposed appointee, while sending to the Ministry of Home Affairs for review;

c) The Ministry of Home Affairs reviews and submits to the Prime Minister for consideration and decision on the policy of appointment;

đ) The representative body of the owner submits to the Prime Minister, simultaneously sending the application and appointment dossier to the Ministry of Home Affairs for review;

e) The Ministry of Home Affairs reviews and reports to the Prime Minister for consideration and decision on appointment, after obtaining consensus from the Government Party Committee;

2. For personnel from other sources:

a) The representative body of the owner submits to the Prime Minister for approval on the policy of transfer and appointment, simultaneously sending to the Ministry of Home Affairs for review;

b) The Ministry of Home Affairs reviews and submits to the Prime Minister for consideration and decision on the policy of transfer and appointment;

d) The representative body of the owner submits to the Prime Minister, simultaneously sending the application and appointment dossier to the Ministry of Home Affairs for review;

đ) The Ministry of Home Affairs reviews and reports to the Prime Minister for consideration and decision on appointment, after obtaining consensus from the Government Party Committee;

3. For the case of appointing personnel to hold the position of General Director of enterprises established by the Prime Minister as stipulated in Clause 4, Article 5 of this Decree:

a) The Chairman of the Board of Members leads the implementation of the selection process for personnel according to regulations, reporting to the representative body of the owner;

b) The representative body of the owner submits to the Prime Minister, simultaneously sending the application and appointment dossier to the Ministry of Home Affairs for review;

c) The Ministry of Home Affairs reviews and reports to the Prime Minister for comments before the competent authority makes the decision to appoint.

Article 33. Appointment in other cases

1. In the case of merger, consolidation, division, restructuring, or conversion of business form:

a) For state enterprise managers, if the position held at the old enterprise is equivalent to or higher than the position expected to be assumed at the new enterprise, the representative body of the owner shall consider and decide or submit for approval to the competent authority to convert the position according to the position at the new enterprise.

If the position held by the state enterprise manager at the old enterprise is lower than the position expected to be assumed at the new enterprise, the appointment process will be carried out according to the appointment procedure for personnel from another place.

b) For Supervisors, the representative body of the owner shall consider and decide to reappoint supervisors at the new enterprise in accordance with regulations.

2. The representative body of the owner shall directly lead the implementation of the appointment process in the following cases:

a) Appointing state enterprise managers at newly established enterprises.

b) In the event that the appointment process is carried out at a time when there is internal leadership discord within the enterprise, many people violate discipline, and carrying out the appointment process would lack objectivity.

c) In the case where due to natural disasters, accidents, or other force majeure reasons, the enterprise has no leaders or managers left.

1. A proposal for appointment signed by the head of the authorized agency or organization.

2. A summary of the voting results accompanied by the minutes of the vote at each stage of the appointment process.

3. A personal curriculum vitae filled out according to the prescribed format, confirmed by the competent authority, with a color photograph measuring 4x6 cm attached, taken within six months.

4. A self-assessment of the past three years of work.

5. Comments and evaluations by the Board of Members or Chairman of the company.

6. Comments and evaluations by the same-level Party Committee.

7. Conclusions by the competent Party Committee regarding political standards.

8. Comments by the local Party Branch on the individual and their family. If the place of residence of the individual differs from that of the family, comments must be obtained from the Party Branch of both the individual's and the family's places of residence.

9. Declaration of assets and income according to the prescribed format.

10. Copies of certificates and qualifications required by the position and title standards. If the personnel have a degree from an educational institution abroad, it must be recognized in Vietnam according to regulations.

11. Health certificate issued by a competent medical facility within six months.

12. Conclusions of inspections, audits, complaints and grievances resolution, and related documents (if any).

Section 2

REAPPOINTMENT

Article 35. Timepoint and Term for Reappointment

2. State-owned enterprise managers and Supervisors, upon expiration of their term of office under appointment, if they still have at least 24 months of work remaining until retirement age for a five-year term or at least 18 months of work remaining for a three-year term, must still go through the reappointment review process; if reappointed, the term of reappointment will be calculated up to the date of reaching the retirement age as prescribed.

3. Cases where the reappointment review process has not been carried out:

a) State-owned enterprise managers and Supervisors who are within the disciplinary handling period, under investigation, prosecution, or trial;

b) State-owned enterprise managers and Supervisors who are undergoing inpatient treatment for at least three months at healthcare facilities or are on maternity leave.

If state-owned enterprise managers and Supervisors have not received a reappointment decision or an extension of the term of office from the competent authority when their term of office under appointment expires, they shall not perform the duties, tasks, and authorities of their current position. The performance of these duties, tasks, and authorities shall be reviewed and decided by the competent authority that appointed them.

Article 36. Conditions for Reappointment

1. State-owned enterprise managers and Supervisors complete their assigned tasks during the term of office and still meet the job qualifications and requirements for future tasks.

2. The enterprise has a need.

3. Have sufficient health to fulfill the assigned tasks, certified by a competent health authority.

4. Not fall under the prohibited positions as prescribed by law.

5. Not within the disciplinary handling period, under investigation, prosecution, or trial. In cases where the enterprise is currently being inspected or audited by a competent authority, the competent authority must discuss with the inspection or audit agency about the proposed reappointment personnel before making a decision.

An individual may be appointed as Supervisor for no more than two consecutive terms in one enterprise.

Article 37. Procedures and Formalities for Reappointment

1. At least 90 days before the expiration of the term of office as prescribed, the competent authority must notify in writing the state-owned enterprise managers and Supervisors and implement the reappointment review process.

2. Procedures and formalities for reappointment of state-owned enterprise managers:

a) State-owned enterprise managers prepare a self-assessment report on their results, strengths, weaknesses, existing issues, and limitations regarding the fulfillment of their duties and tasks during their term of office, submit it to the competent authority for appointment, and simultaneously send it to the advisory body;

b) Organize a meeting of key cadres to solicit opinions on reappointment: Implemented according to the provisions of Article 21 of this Decree;

The leadership team of the enterprise discusses the results of the trust vote at the meeting of key cadres; verifies and concludes new issues (if any); discusses, comments, evaluates, and votes on personnel by secret ballot. Personnel proposed for reappointment must receive the agreement of more than 50% of the total number of members of the leadership team of the enterprise; in cases where personnel reach 50%, the Chairman of the Board of Members, the Company Chairman decides; while reporting all different opinions fully for the competent authority to review and decide.

Solicit written opinions from the higher-level Party Committee of the enterprise's Party Committee for personnel required to obtain opinions from the higher-level Party Committee according to regulations.

The Chairman of the Board of Members, the Company Chairman makes a reappointment decision within their authority or submits it to the competent authority for review and decision.

3. Procedures and formalities for reappointment of Supervisors are implemented according to the regulations of the ownership representative agency.

Article 38. Extension of Term of Office

1. In cases where the manager of a state-owned enterprise or the Inspector, upon reaching the retirement age limit, still has less than 24 months of work remaining for a five-year term of office or less than 18 months of work remaining for a three-year term of office, they shall not be required to go through the reappointment process, and the competent authority that appoints them shall consider and, if they meet the criteria and conditions, decide to extend their term of office until the retirement age as prescribed.

2. At least 90 days before the expiration date of the appointment term as prescribed, the competent authority shall notify in writing the manager of a state-owned enterprise or the Inspector and implement the review and extension of the term of office until the retirement age as prescribed.

3. The review of extending the term of office for the manager of a state-owned enterprise shall be carried out as follows:

a) State-owned enterprise managers prepare a self-assessment report on their results, strengths, weaknesses, existing issues, and limitations regarding the fulfillment of their duties and tasks during their term of office, submit it to the competent authority for appointment, and simultaneously send it to the advisory body;

b) The leadership body discusses and reviews, if the manager of a state-owned enterprise still has health, reputation, and meets the job requirements, then a secret ballot vote is conducted to reach a consensus.

The personnel proposed for an extended term of office must receive more than 50% agreement from the total number of members of the leadership body; in case the personnel receives 50%, the Chairman of the Board of Members or the Company Chairman decides, while reporting all differing opinions for the competent authority to consider and decide.

c) Obtain written opinions from the superior party committee of the enterprise party committee in cases where personnel are required to obtain opinions from the superior party committee according to regulations;

d) The Chairman of the Board of Members or the Company Chairman issues a decision to extend the term of office within their authority or submits it to the competent authority for consideration and decision.

4. The review of extending the term of office for the Inspector shall be carried out according to the regulations of the representative body of the owner.

Article 39. Documents for Reappointment and Extension of Term of Office

1. A proposal for reappointment or extension of the term of office until the retirement age as prescribed, signed by the head of the competent agency or organization.

2. A summary of the voting results accompanied by the minutes of the vote at each stage of the reappointment process or review of extending the term of office.

3. A personal curriculum vitae filled out according to the prescribed format, confirmed by the competent authority, with a color photograph measuring 4x6 cm attached, taken within six months.

4. An evaluation of the performance of duties during the term of office.

5. Evaluation and assessment by the same-level Party Committee.

6. Conclusion on political standards by the authorized Party Committee.

7. Assessment by the local Party Branch regarding the individual and family. If the place of residence of the individual differs from that of the family, assessments from both the individual's and the family's local Party Branches must be obtained.

8. Declaration of assets and income according to the prescribed form.

9. A health certificate issued by a competent medical facility within six months.

Section 3

RELOCATION AND ROTATION

1. Objectives of relocation and rotation:

a) Managers of state-owned enterprises and Inspectors included in the planning approved by the competent authority.

2. Based on job requirements, planning, and human resource management plans of the enterprise, managers of state-owned enterprises and Inspectors may be relocated or rotated between enterprises under the same representative body of the owner or other agencies, organizations, and enterprises according to the decision of the competent authority.

3. Relocation and rotation must be based on work needs, according to the approved planning and rotation plan by the competent authority, and ensure the conditions and qualifications for the planned position.

Article 41. Procedure for Implementing the Plan on Transfer and Rotation

1. Annually, the advisory agency shall develop the plan on transfer and rotation for state-owned enterprise managers and Supervisors to report to the Chairman of the Board of Members, the Chairman of the company, or the representative body of the owner according to the分级管理干部的权限。

2. The leadership collective of the enterprise or the representative body of the owner shall convene meetings to discuss and exchange views to reach consensus on the plan and specific personnel proposed for transfer and rotation.

3. Solicit written comments and evaluations from the leadership collective of the enterprise where the proposed personnel for transfer and rotation are currently working, and from the leadership collective of the enterprise, agency, or organization where the proposed personnel will be transferred to.

4. Directly communicate with the personnel regarding the implementation of the policy on transfer and rotation.

5. The leadership collective of the enterprise and the representative body of the owner shall decide within their authority or submit to the competent authority for examination and decision.

Article 42. Duration of Rotation

The duration of rotation must be at least 36 months for each rotation, with special cases to be decided by the competent authority.

Article 43. Job Assignment After Rotation

1. Upon completion of the rotation period, the competent authority deciding on the rotation shall conduct an evaluation and assessment of the work performance during the rotation period and assign and delegate tasks to state-owned enterprise managers and Supervisors.

2. The consideration of job assignment and delegation of tasks for state-owned enterprise managers and Supervisors after rotation must be based on the requirements of the tasks, actual circumstances, the results of fulfilling the tasks of the agency, organization, or enterprise, and the individual responsibility of the rotated personnel, as well as the evaluation and assessment results of the competent authority.

Article 44. Treatment and Policies for State-Owned Enterprise Managers and Supervisors Subject to Transfer and Rotation

1. The agency, unit, or enterprise receiving state-owned enterprise managers and Supervisors who are transferred or rotated to work must prepare and create necessary conditions for these managers and Supervisors to stabilize their living and working conditions.

2. A state-owned enterprise manager who assumes a position or post due to transfer or rotation shall enjoy treatment and policies corresponding to that position or post as stipulated by law.

3. State-owned enterprise managers and Supervisors subject to transfer or rotation shall automatically cease holding management positions they were previously responsible for from the date the transfer or rotation decision takes effect.

Chapter VI
APPOINTING AND REAPPOINTING STATE CAPITAL REPRESENTATIVES

Section 1

APPOINTING STATE CAPITAL REPRESENTATIVES

Article 45. Term of Service as State Capital Representative

1. The term of appointment of a state capital representative shall not exceed the term of the Board of Members or the Board of Directors. In cases where a state capital representative is nominated by the representative body of the owner for election or appointment to a managerial position during the term of that position, the term of service as a state capital representative shall be the remaining term of that position as prescribed by the enterprise charter.

2. Where a state capital representative is appointed to represent state capital in another enterprise, the term of service as a state capital representative shall be calculated from the date the decision appointing the state capital representative in the new enterprise becomes effective.

3. Where there is a change in the title of the managerial position due to a change in the name of the enterprise, the term of service as a state capital representative shall be calculated from the date of appointment as a state capital representative under the old title of the enterprise.

Article 46. Conditions for appointing state capital representatives

1. Ensuring general standards as prescribed by the Party and the State, and specific standards as prescribed by competent authorities.

2. Having personal files and verified biographies, and declarations of assets and income as prescribed.

3. Must be of sufficient age (calculated in months) to complete the term of office of the Board of Members or the Board of Directors of the enterprise being appointed as a state capital representative.

4. Being in good health to fulfill assigned tasks.

5. Not falling under any circumstances prohibited from assuming a position as stipulated by law.

6. Not within the period of disciplinary action, under investigation, prosecution, trial, serving a prison sentence, or implementing a disciplinary decision. In cases where the enterprise is currently under inspection or audit by competent authorities, the authority shall exchange views with the inspection or audit agency regarding personnel before appointing them as state capital representatives.

Article 47. Procedures and formalities for appointing state capital representatives

1. Based on the value of state capital, the scale of the enterprise, and in comparison with the conditions and standards for state capital representatives, the advisory body proposes to the state asset representative body on the policy, number, structure, source of personnel, and specific candidates for appointment as state capital representatives, including information such as: Full name; date of birth; place of origin; date of joining the Party (if a Party member); professional qualifications; theoretical political level (if applicable); managerial position; current workplace.

2. The state asset representative body agrees on the policy implementation and carries out the following tasks:

a) Meeting with proposed candidates for state capital representatives to have them commit to complying with policies, resolutions, directives of the state asset representative body and performing the roles, responsibilities, and obligations of state capital representatives if appointed;

b) Exchanging and obtaining comments and evaluations from the leadership collective at the candidate's current workplace regarding the policy of appointing state capital representatives; verifying the candidate's biography.

3. The state asset representative body solicits written opinions from the same-level party committee regarding the proposed candidates for state capital representatives.

4. The state asset representative body considers and concludes on any arising issues (if any), discusses, and decides on the appointment of state capital representatives.

Article 48. Documents for appointing state capital representatives

1. A proposal for the appointment of state capital representatives signed by the head of the authorized agency or organization.

2. A self-declared curriculum vitae according to the prescribed format, confirmed by the competent authority, with a color photograph measuring 4x6 cm taken within six months.

3. A self-assessment report of the three most recent years of work.

4. Comments and evaluations from the leadership collective and the party committee managing the person proposed for appointment as a state capital representative.

5. Conclusions by the authorized party committee on political standards.

6. Comments from the local branch committee regarding the individual and their family. If the individual's place of residence differs from that of the family, comments must be obtained from the branch committee of both places of residence.

7. A declaration of assets and income according to the prescribed format.

8. Copies of certificates and diplomas required by the job and position standards. If the candidate has a degree from an educational institution abroad, it must be recognized in Vietnam as prescribed.

9. A health certificate issued by a competent medical facility within six months.

10. A commitment to comply with policies, resolutions, directives of the owner and the performance of roles, responsibilities, and obligations of state capital representatives to the owner, which has been approved by the state asset representative body.

Section 2

REAPPOINTING STATE CAPITAL REPRESENTATIVES

Article 49. Conditions for Reappointing State Capital Representatives

1. A State Capital Representative may be reappointed if they meet the following conditions:

a) They have been evaluated as having fulfilled their tasks during the term as a State Capital Representative;

b) They satisfy the conditions for appointment as a State Capital Representative as stipulated in Clauses 1, 2, 4, 5, and Clause 6 of Article 46 of this Decree.

2. In cases where a State Capital Representative does not reach the retirement age at the end of the term of the Board of Members or the Board of Directors of the enterprise, the period for reappointment as a State Capital Representative shall be calculated until reaching the retirement age as prescribed.

Article 50. Procedures and Formalities for Reappointing State Capital Representatives

1. At least 90 days before the expiration date of the term as a State Capital Representative, the State Capital Representative must submit a self-assessment report on the performance of their duties during the term as a State Capital Representative to the agency representing the owner.

2. The agency representing the owner must seek the opinion in writing from the same-level party committee regarding the personnel proposed for reappointment as State Capital Representatives.

3. The agency representing the owner will examine, conclude on any arising issues (if any), discuss, and decide on the reappointment of State Capital Representatives.

If a State Capital Representative is not reappointed, the agency representing the owner has the responsibility to coordinate with the enterprise to arrange other work or resolve benefits and policies according to the law.

Article 51. Documents for Reappointing State Capital Representatives

1. A proposal for reappointment as a State Capital Representative signed by the head of the competent authority or organization.

2. A self-declared curriculum vitae according to the prescribed format, confirmed by the competent authority, with a color photograph measuring 4x6 cm taken within six months.

3. A self-assessment report on the performance of duties during the term as a State Capital Representative.

4. The assessment of the agency representing the owner.

5. Conclusions by the authorized party committee on political standards.

6. Comments from the local branch committee regarding the individual and their family. If the individual's place of residence differs from that of the family, comments must be obtained from the branch committee of both places of residence.

7. A declaration of assets and income according to the prescribed format.

8. A health certificate issued by a qualified medical facility within six months.

Chapter VII
RESIGNATION, REMOVAL FROM OFFICE, AND TERMINATION OF STATE CAPITAL REPRESENTATIVE

1. The competent authority shall consider and approve resignation from management positions in state-owned enterprises and Supervisors in any of the following cases:

a) Voluntary request to resign from position to transfer leadership role;

b) Self-realization of not meeting the required standards, conditions, or health to fulfill assigned tasks or the job is unsuitable;

c) For other personal reasons.

2. Management personnel in state-owned enterprises and Supervisors shall not be allowed to resign if they fall under any of the following circumstances:

a) Engaged in national defense, security tasks; critical, confidential tasks; disaster prevention and control tasks, disease prevention and control tasks, where resignation would seriously affect common interests;

b) Undergoing inspection, audit, investigation by authorized agencies as prescribed by the Party and law.

3. Procedure for considering and approving resignation:

a) Within ten days from receiving the resignation letter from management personnel in state-owned enterprises or Supervisors, the advisory body or enterprise leadership must discuss with the personnel who submitted the resignation letter. If the personnel withdraws the resignation letter, the consideration process stops; if the personnel does not withdraw the resignation letter, the advisory body will examine and propose to the competent authority according to the cadre management hierarchy;

b) Within fifteen days from the advisory body's submission of the proposal, the enterprise leadership team or the agency representing the owner must discuss and vote secretly. The decision to approve resignation of management personnel in state-owned enterprises or Supervisors must be agreed upon by more than 50% of the total members of the enterprise leadership team or the agency representing the owner; if the personnel reaches 50%, the decision is made by the head of the agency representing the owner or the Chairman of the Board of Members, the Chairman of the company.

4. When the resignation letter has not been approved by the competent authority, management personnel in state-owned enterprises and Supervisors must continue to perform their assigned duties and powers.

5. After the approval of resignation, management personnel in state-owned enterprises and Supervisors will be arranged suitable work based on their capabilities, strengths, qualifications, and training expertise; their position salary will be retained according to current regulations until the end of their term.

1. The competent authority shall examine and remove from office the management position of state-owned enterprise managers and Supervisors in the following cases:

a) No longer meeting the criteria and conditions for state-owned enterprise managers as prescribed by law;

b) Being rated as not completing tasks for two consecutive years;

c) Being disciplined but not to the extent of removal from office due to the need to replace them for work requirements;

d) Being reprimanded or warned twice during the same term of appointment;

đ) Being concluded by the competent authority to have violated the Party's regulations on internal political protection;

e) Other reasons for removal from office as prescribed by the Party and law.

2. Procedure for examining removal from office of state-owned enterprise managers and Supervisors:

a) When there is sufficient basis for removal from office as stipulated in Clause 1 of this Article, the advisory agency shall propose to the competent authority according to the cadre management hierarchy;

b) Within thirty days from the date of receipt of the proposal for removal from office, the leadership body of the enterprise or the representative organ of the owner must discuss and vote by secret ballot. The decision to remove from office state-owned enterprise managers and Supervisors must be agreed upon by more than fifty percent of the total number of members of the leadership body; if the ratio reaches fifty percent, it shall be decided by the head of the representative organ of the owner or the Chairman of the Board of Members, the Chairman of the company.

3. State-owned enterprise managers and Supervisors who are removed from office shall not receive salary according to their position and title from the date of the removal decision. After being removed from office, state-owned enterprise managers and Supervisors shall be assigned appropriate work by the competent authority; individuals shall comply with the assignment decisions of the competent authority. In cases where removal from office is due to being rated as not completing tasks for two consecutive years, the competent authority shall resolve termination of employment according to the provisions of the law.

4. Handling complaints and reports related to removal from office

a) Handling complaints and reports related to removal from office of state-owned enterprise managers and Supervisors shall be carried out according to the regulations of the Party, the Law on Complaints, and the Law on Reports;

b) While there is no decision on handling complaints and reports, relevant organizations and individuals must implement the removal from office decision of the competent authority;

c) Within thirty days from the date when there is sufficient basis to conclude that the removal from office was incorrect, the competent authority must issue a decision to reassign the position and resolve legitimate benefits related to the previous position of state-owned enterprise managers and Supervisors.

Article 54. Termination of Representation of State Capital

1. The competent authority shall examine and terminate representation of state capital in one of the following cases:

a) Submitting a resignation request before the term and obtaining the consent of the owner agency;

b) The owner agency having no capital in the group, corporation, or company;

c) No longer meeting the criteria and conditions for representing state capital as prescribed by law;

d) Being rated as not completing tasks for two consecutive years;

đ) Being reprimanded or warned twice during the same period of representing state capital;

e) Being concluded by the competent authority to have violated the Party's regulations on internal political protection;

2. Procedure for examining termination of representation of state capital:

a) Within ten days from the date of receiving the resignation request before the term or having sufficient basis for termination of state capital representation as stipulated in Clause 1 of this Article, the advisory agency shall propose to the competent authority according to the cadre management hierarchy;

3. After termination of representation of state capital, state capital representatives shall be assigned appropriate work by the competent authority; individuals shall comply with the assignment decisions of the competent authority; in cases where individuals voluntarily request retirement or termination of employment, they shall be resolved according to current regulations. In cases where termination of state capital representation is due to being rated as not completing tasks for two consecutive years, the competent authority shall resolve termination of employment according to the provisions of the law.

4. Handling complaints and reports related to termination of representation of state capital:

a) Handling complaints and reports related to termination of representation of state capital shall be carried out according to the regulations of the Party, the Law on Complaints, and the Law on Reports;

b) While there is no decision on handling complaints and reports, relevant organizations and individuals must implement the termination of state capital representation decision of the competent authority;

c) Within thirty days from the date when there is sufficient basis to conclude that the termination of state capital representation was incorrect, the competent authority must issue a decision to assign work and resolve legitimate benefits of state capital representatives.

Chapter VIII
REWARD AND DISCIPLINE OF STATE-OWNED ENTERPRISE MANAGERS, SUPERVISORS, AND REPRESENTATIVES OF STATE CAPITAL

Article 55. Awards

The managers of state-owned enterprises, Supervisors, and representatives of state capital who have achievements or have made contributions shall be awarded according to the provisions of the law on commendation and reward.

Article 56. Principles for Disciplinary Handling

1. Objectivity, fairness; transparency, clarity; strictness, legality.

3. In cases where the managers of state-owned enterprises, Supervisors, and representatives of state capital are currently implementing disciplinary decisions and continue to commit violations, they shall be subject to the following disciplinary measures:

a) If the new violation is subject to a less severe or equal disciplinary sanction compared to the current disciplinary sanction being implemented, a more severe disciplinary sanction shall be applied, one level higher than the current disciplinary sanction;

b) If the new violation is subject to a heavier disciplinary form than the current disciplinary form being implemented, then a disciplinary form one level heavier than that applicable to the new violation shall be applied.

5. Administrative penalties or party disciplinary forms shall not be applied instead of the disciplinary forms prescribed in this Decree; disciplinary handling does not replace criminal prosecution if the violation reaches the level requiring criminal prosecution.

Within thirty days from the date of announcing the decision on party discipline, the competent authority must consider and decide on disciplinary handling.

7. Any acts infringing upon the body, spirit, honor, and dignity of individuals during the process of disciplinary action are strictly prohibited.

1. The statute of limitations for disciplinary handling is the deadline beyond which disciplinary handling will not be conducted. The statute of limitations for disciplinary handling is calculated from the time of committing the violation of law to the time of issuing the notice to organize a meeting for criticism as stipulated in Article 65 of this Decree. Except for the case provided for in Clause 2 of this Article, the statute of limitations for disciplinary handling is specified as follows:

a) Two years for violations of law that are less serious and subject to disciplinary action by the form of reprimand.

b) Five years for violations of law not falling under the case provided for in point a of this Clause.

2. For any of the following violations of law, the statute of limitations for disciplinary handling shall not apply:

a) State enterprise managers, Supervisors, and representatives of state capital who are party members committing violations of law at a level requiring disciplinary action by the form of expulsion.

b) Violations related to internal political protection work.

c) Actions infringing upon national interests in the fields of defense, security, and foreign affairs;

d) Using fake or illegal certificates, diplomas, or certificates of confirmation.

3. The period for disciplinary handling of state enterprise managers, Supervisors, and representatives of state capital is calculated from the time of issuing the notice to organize a meeting for criticism as stipulated in Article 65 of this Decree to the time of issuing the disciplinary decision by the competent authority.

The period for disciplinary handling shall not exceed ninety days. In cases where the matter involves complex circumstances requiring additional investigation and verification time, the period for disciplinary handling may be extended but shall not exceed one hundred and fifty days.

4. In cases where state enterprise managers, Supervisors, and representatives of state capital have been indicted, prosecuted, or have had a decision to bring them to trial under criminal procedure but subsequently have a decision to terminate the investigation or close the case, and the violation of law has signs of disciplinary violation, they shall be subject to disciplinary review.

The time spent investigating and trying under criminal procedure shall not be counted in the period for disciplinary handling.

Within three working days from the date of issuing the decision to terminate the investigation or close the case, the person issuing the decision must send the decision and relevant documents to the competent authority for disciplinary handling.

Article 58. Forms of disciplinary action and levels of violation

1. Forms of disciplinary action for state-owned enterprise managers and Supervisors include: reprimand, warning, dismissal from position, and termination of employment.

2. Forms of disciplinary action for state capital representatives include: reprimand, warning, removal from office, and termination of employment.

3. Levels of violation are determined as follows:

a) Violation causing minor consequences is a violation with a nature and degree of harm that is not significant, affecting within internal scope, impacting the reputation of the enterprise;

b) Violation causing serious consequences is a violation with a serious nature and degree of harm, affecting beyond internal scope, generating negative public opinion, reducing the reputation of the enterprise;

c) Violation causing very serious consequences is a violation with a very serious nature and degree of harm, affecting the entire society, generating extremely negative public opinion, damaging the reputation of the enterprise;

d) Violation causing particularly serious consequences is a violation with a particularly serious nature and degree of harm, affecting extensively throughout society, generating particularly negative public opinion, damaging the reputation of the enterprise.

In addition to the above criteria, the level of violation is also determined based on material damage calculated in specific monetary amounts as determined by the competent authority representing the owner or according to the regulations of the enterprise.

Article 59. Cases Not Subject to Disciplinary Action and Exemption from Disciplinary Responsibility

1. Cases not subject to consideration and disciplinary action:

a) During annual leave, leave under regulations, or personal leave granted by authorized authorities;

b) During treatment for serious illness or loss of capacity to understand; seriously ill and hospitalized with confirmation from authorized health authorities;

d) Under investigation, detained, or arrested awaiting conclusion by authorized investigative, prosecution, or judicial authorities regarding violations of the law, except when so decided by the competent authority.

2. Cases exempting state-owned enterprise managers, Supervisors, and state capital representatives from disciplinary responsibility:

a) Recognized by authorized authorities as lacking civil capacity at the time of violating the law;

b) Must comply with superior decisions. If there is evidence that such decision is unlawful, they must promptly report in writing to the authority issuing the decision; if the issuing authority still decides to enforce it, they must have a written record and comply but are not responsible for the consequences, while reporting to the immediate superior of the issuing authority, who bears legal responsibility for their decision;

c) Recognized by authorized authorities as having violated under emergency circumstances, due to force majeure or objective obstacles as stipulated in the Civil Code while performing duties;

d) Committed a violation but has since passed away.

Article 60. Application of reprimand disciplinary form

The reprimand disciplinary form shall be applied to state managers, Supervisors, and state capital representatives who commit their first violation of the law causing less serious consequences in any of the following cases:

1. Violating labor discipline regulations; internal rules and regulations of the unit.

2. Exploiting their position for personal gain.

3. Failing to comply with decisions of competent authorities; failing to perform assigned tasks without justifiable reasons; causing disunity within the unit.

4. Violating laws on crime prevention and control; social evil prevention and control; public order and safety; corruption prevention; thrift and waste prevention.

5. Violating laws on state secrets protection.

6. Violating laws on complaints and denunciations.

7. Violating regulations on democratic centralism rules, propaganda and public speaking regulations, internal political protection regulations.

8. Violating laws on enterprises, investment, construction; land, natural resources and environment; finance, accounting, banking; management and use of state assets during the performance of duties.

Article 61. Application of warning disciplinary form

The warning disciplinary form shall be applied to state-owned enterprise managers, Supervisors, and state capital representatives who commit violations of the law in any of the following cases:

1. Having been previously disciplined with a reprimand under Article 60 of this Decree for violations listed in Article 60 of this Decree and then committing the same violation again.

2. Committing a first-time violation of the law causing serious consequences in any of the cases stipulated in Article 60 of this Decree.

3. Committing a first-time violation of the law causing less serious consequences in any of the following cases:

a. Using fake or illegal certificates, diplomas, or certificates to participate in training or upgrading.

b. Failing to complete management and operation tasks as assigned by competent authorities.

Article 62. Application of dismissal and removal disciplinary forms

The dismissal disciplinary form shall be applied to state-owned enterprise managers or supervisors, or the removal disciplinary form shall be applied to state capital representatives who commit violations of the law in any of the following cases:

1. Committing a first-time violation of the law causing very serious consequences in any of the cases stipulated in Article 60 of this Decree but not reaching the level of forced resignation, where the violator shows a willingness to accept, correct, and proactively remedy the consequences and has many mitigating circumstances.

2. Committing a first-time violation of the law causing serious or very serious consequences in any of the cases stipulated in Clause 3 of Article 61 of this Decree.

3. Using fake or illegal certificates, diplomas, or certificates to be appointed to a position or to represent state capital.

Article 63. Application of the disciplinary measure of forced resignation

The disciplinary measure of forced resignation shall be applied to state enterprise managers, Supervisors, and state capital representatives who commit acts of violating the law under one of the following circumstances:

1. Committing a first-time violation of the law causing particularly serious consequences as specified in Article 60 of this Decree.

2. Committing a first-time violation of the law causing particularly serious consequences as specified in Clause 3, Article 61 of this Decree.

3. Using fake or illegal certificates, diplomas, or certificates to be recruited into the enterprise.

4. Being addicted to drugs; for this case, there must be a notification from the competent authority.

1. Disciplinary actions against state enterprise managers, Supervisors, and state capital representatives shall be carried out in the following steps:

a) Organize a meeting for criticism and self-criticism;

b) Establish a Disciplinary Board;

c) Issuing a disciplinary decision.

2. In cases where disciplinary action is based on a decision of the competent authority as stipulated in Point d, Clause 1, Article 59 of this Decree, or when state enterprise managers, Supervisors, and state capital representatives commit acts of violating the law and are sentenced to imprisonment without probation or convicted of corruption by the court, Points a and b of Clause 1 of this Article shall not be implemented.

Article 65. Organizing a meeting for criticism and self-criticism

When discovering that state enterprise managers, Supervisors, or state capital representatives have committed acts of violating the law, the competent authority responsible for disciplinary action shall organize a meeting for criticism and self-criticism to consider disciplinary measures, including the following contents:

1. Participants in the meeting:

b) In cases where the person being criticized is a manager, the Chairman of the Board of Members or the Company Chairman where the person being criticized works shall be responsible for chairing the meeting for criticism and self-criticism and deciding on the composition of the meeting, which includes representatives of the state-owned enterprise's representative body, leadership, party committees, and trade unions of the enterprise where the person being criticized works.

c) The competent authority may invite representatives of related agencies, organizations, or individuals to attend the meeting. Those invited have the right to express their opinions but are not allowed to vote on disciplinary matters.

2. The organization of the meeting shall proceed as follows:

a) The chairperson of the meeting shall declare the purpose of the meeting, appoint a secretary, and announce or authorize the advisory body to announce the following contents: Summary of work history; acts of violation; disciplinary measures already issued (if any); time of occurrence of the act of violation, time of discovery of the act of violation; aggravating and mitigating circumstances of the violator; statute of limitations and deadline for handling according to the law.

b) The person being criticized shall present a self-criticism report, clearly stating the act of violating the law and accepting the form of disciplinary action.

If the violator is present at the meeting but does not prepare a self-criticism report, the meeting will still be held. If the violator is absent, the meeting will still be held after sending two notices of summons.

c) Participants in the meeting shall make statements and clearly express their opinions on the contents specified in Point a of this clause.

d) The chairperson of the meeting concludes.

The content of the meeting for criticism and self-criticism must be recorded in a minutes document.

3. Within five working days from the end of the meeting for criticism and self-criticism, the chairperson of the meeting shall be responsible for submitting a report and the minutes of the meeting to the competent authority responsible for disciplinary action. The report must clearly reflect the following contents:

a) The violation, nature, and consequences of the violation;

b) Aggravating and mitigating circumstances (if any);

c) Responsibility of the violator and corresponding disciplinary measures;

d) Statute of limitations and deadline for disciplinary action according to the law;

đ) Recommendations regarding disciplinary action and forms of disciplinary action (if any).

Article 66. Establishment of the Disciplinary Council

1. Within five working days from the date of receipt of the report and minutes of the meeting to review violations, in cases where the violation reaches the level requiring disciplinary action, the competent authority for disciplinary action shall decide to establish a Disciplinary Council to advise on the application of disciplinary measures against the person who committed the violation, except for cases provided for in Article 67 of this Decree.

2. The Disciplinary Council consists of five members including:

a) The Chairman of the Disciplinary Council is the Chairman of the Board of Members, the Chairman of the company, or a representative of the leadership of the agency representing the owner.

b) One member of the Disciplinary Council is a representative of the higher-level Party Committee of the enterprise's Party Committee (in cases where the higher-level Party Committee is a local Party Committee, then this member of the Disciplinary Council is a representative of the local Party Committee) or a representative of the same-level Party Committee as the agency representing the owner.

c) One member of the Disciplinary Council is a representative of the relevant specialized department of the enterprise related to the person being considered for disciplinary action.

d) One member of the Disciplinary Council is a representative of the enterprise's trade union executive committee with the person being considered for disciplinary action.

đ) A member兼任秘书的委员是负责对企业中被考虑纪律处分人员或代表国家所有者机构的咨询机构的负责人。

3. It is not allowed to appoint the spouse, father, mother, adoptive father, adoptive mother, son, adopted son; brother, sister, half-brother, half-sister, brother-in-law, sister-in-law, or any person related to the illegal act of the state-owned enterprise manager, Supervisor, or the representative of the state capital being considered for disciplinary action to be a member of the Disciplinary Council.

4. In cases where it is not possible to arrange for a person to participate in the Disciplinary Council according to the provisions of Clause 2 of this Article due to their involvement in illegal acts or being related to such acts, or during the period of implementing a disciplinary decision, the head of the agency representing the owner shall consider and decide on replacement personnel or report to the Prime Minister for consideration and decision.

Article 67. Cases Where the Disciplinary Council Is Not Established

1. There is an illegal act that has been sentenced to imprisonment by the Court without probation or has been sentenced for corruption or other illegal acts as decided by the competent authority under point d, Clause 1, Article 59 of this Decree.

2. There is a conclusion about the illegal act by a competent authority or organization.

3. There is a decision on party disciplinary action.

For cases stipulated in this Article, the conclusions about the illegal acts can be used without re-investigation or verification.

Article 68. Principles of Operation of the Disciplinary Council

1. The Disciplinary Council convenes when at least three members attend, including the Chairman of the Disciplinary Council and the Secretary of the Disciplinary Council.

2. The Disciplinary Council recommends the application of disciplinary measures through secret ballot voting and must be approved by a majority of the members of the Disciplinary Council.

3. The meeting of the Disciplinary Council must be recorded in the minutes of opinions of attending members and the results of the secret ballot recommending disciplinary measures.

4. The Disciplinary Council automatically dissolves after completing its tasks.

Article 69. Meeting of the Disciplinary Council

1. Preparation for the meeting:

a) Seven working days before the meeting of the Disciplinary Council, the summons must be sent to the person who committed the violation. The absence of the person who committed the violation must have a valid reason. If the person who committed the violation is absent after two summonses without a valid reason, and continues to be absent after the third summons, the Disciplinary Council will still convene to consider and recommend disciplinary measures.

b) The Chairman of the Disciplinary Council may invite representatives of relevant agencies, organizations, and individuals to attend the meeting. Those invited have the right to express their opinions but cannot vote on disciplinary measures.

c) The Secretary of the Disciplinary Council is responsible for preparing relevant documents and files related to disciplinary actions, and recording the minutes of the Disciplinary Council meeting.

d) The disciplinary file submitted to the Disciplinary Council includes: Self-criticism statement, summary of personal history, minutes of the meeting to review violations of the enterprise where the person committing the violation works, and other relevant documents.

2. Meeting procedures:

a) The Chairman of the Disciplinary Council announces the reasons and introduces the attendees.

b) The Secretary of the Disciplinary Council presents the following contents: Summary of personal history; the act, time of occurrence, and time of discovery of the illegal act; statute of limitations and deadline for disciplinary action; forms of disciplinary action already issued; aggravating and mitigating circumstances, and other relevant documents.

c) The person who committed the violation reads the self-criticism statement. If the person who committed the violation is absent, the Secretary of the Disciplinary Council will read it on their behalf.

d) The Secretary of the Disciplinary Council reads the minutes of the meeting to review violations.

đ) Members of the Disciplinary Council and attendees express their opinions.

e) The person who committed the violation expresses their opinion (if any).

g) The Disciplinary Council votes on whether to impose disciplinary action or not; if the majority of votes recommend disciplinary action, they vote on the form of disciplinary action; the voting is conducted by secret ballot using the cumulative voting method.

h) The Chairman of the Disciplinary Council announces the results of the secret ballot and approves the minutes of the meeting;

i) The Chairman of the Disciplinary Council and the Secretary of the Disciplinary Council sign the minutes of the meeting.

3. In cases where the Disciplinary Council meets to consider disciplinary action against multiple state-owned enterprise managers, Supervisors, or representatives of state capital within the same enterprise who have committed violations, the Disciplinary Council convenes to conduct separate reviews and disciplinary actions for each person who has committed a violation.

Article 70. Disciplinary Decision

1. Procedure for issuing a disciplinary decision:

a) Within five working days from the end of the meeting, the Disciplinary Council must submit a written proposal on disciplinary action (accompanied by the minutes and disciplinary file) to the competent authority responsible for disciplinary action;

b) Within fifteen working days from the date of receipt of the written proposal of the Disciplinary Council in cases where the Disciplinary Council is established, or within fifteen working days from the date of receipt of the minutes of the accountability meeting in accordance with Clause 3 of Article 65 of this Decree in cases where the Disciplinary Council is not established, the competent authority shall issue a disciplinary decision or conclude that there will be no disciplinary action against state enterprise managers, Supervisors, and state capital representatives;

c) In cases where the violation of the law by state enterprise managers, Supervisors, and state capital representatives involves complex circumstances, the competent authority may extend the time limit for disciplinary action in accordance with Clause 3 of Article 57 of this Decree and bear responsibility for its decision;

d) In cases where state enterprise managers, Supervisors, and state capital representatives commit acts of violating the law and are sentenced to imprisonment without probation or are convicted of corruption, within fifteen working days from the date of receipt of the effective court judgment, the competent authority shall issue a disciplinary decision to terminate their employment;

2. The disciplinary decision must clearly indicate the effective date of implementation.

3. After twelve months from the date the disciplinary decision becomes effective, if state enterprise managers, Supervisors, and state capital representatives do not commit further violations warranting disciplinary action, the disciplinary decision ceases to be effective without the need for a separate document terminating its effectiveness.

If state enterprise managers, Supervisors, and state capital representatives continue to violate the law during the period of implementing the disciplinary decision, the ongoing disciplinary decision will cease to be effective from the date the new disciplinary decision for the new violation becomes effective.

4. State enterprise managers, Supervisors, and state capital representatives who are disciplined with a reprimand or warning shall not be considered for planning, rotation, promotion to higher positions, or appointment as state capital representatives for a period of twelve months from the date the disciplinary decision becomes effective. In cases of disciplinary action involving removal or dismissal, they shall not be considered for planning, rotation, promotion to higher positions, or appointment as state capital representatives for a period of twenty-four months from the date the disciplinary decision becomes effective.

Article 71. Complaints

State enterprise managers, Supervisors, and state capital representatives who are subject to disciplinary action have the right to lodge complaints against the disciplinary decision in accordance with the law on complaints.

Article 72. Disciplinary File

1. The disciplinary file of state enterprise managers, Supervisors, and state capital representatives includes: the proposal of the Disciplinary Council submitted to the competent authority for disciplinary consideration; self-criticism statements; minutes of accountability meetings; complaint letters, inspection conclusions, audit conclusions, and other related documents; minutes of the Disciplinary Council meeting and the Disciplinary Decision.

2. The disciplinary processing file is kept in the personal file. The form of disciplinary action must be recorded in the curriculum vitae of state enterprise managers, Supervisors, and state capital representatives.

Article 73. Liability for Compensation and Repayment of State Enterprise Managers, Supervisors, and State Capital Representatives

State enterprise managers, supervisors, and state capital representatives who commit acts of violating the law causing damage to the state's economy or assets, or to the enterprise, shall be liable for compensation and repayment in accordance with the provisions of the law.

Chapter IX
RETIREMENT PROCEDURES FOR STATE ENTERPRISE MANAGERS, SUPERVISORS, AND STATE CAPITAL REPRESENTATIVES

Article 74. Determination of Retirement Date

In cases where the birth date of the state enterprise manager, supervisor, or state capital representative is not clearly recorded in their file, the retirement date shall be January 1 of the year immediately following the year in which they reach the retirement age as prescribed.

2. The retirement date may be postponed under any of the following circumstances:

a) Not exceeding one month if the retirement date coincides with the Tet holiday; or if the spouse, parent-in-law, or child of the state enterprise manager or state capital representative dies, or is declared missing by a court; or if the individual and family suffer losses due to natural disasters, enemy attacks, or fires;

b) Not exceeding three months if the individual suffers from a serious illness or accident, as confirmed by a hospital;

c) Not more than six months in the case of treatment for a disease listed in the long-term treatment directory issued by the Ministry of Health, confirmed by a hospital.

3. If the state enterprise manager, supervisor, or state capital representative qualifies for postponement of the retirement date under multiple circumstances specified in Clause 2 of this Article, they may only implement the provision for the circumstance allowing the longest postponement period.

4. The competent authority shall decide on the postponement of the retirement date in accordance with Clause 2 of this Article, except when the state enterprise manager, supervisor, or state capital representative does not wish to postpone the retirement date.

Article 75. Notification and Decision on Retirement

1. At least six months prior to the retirement date as stipulated in Clause 1 of Article 74 of this Decree, the competent authority must issue a written notification regarding retirement. The issuance of notifications concerning the retirement date of state enterprise managers, supervisors, and state capital representatives shall be carried out as follows:

a) Cơ quan đại diện chủ sở hữu ra thông báo nghỉ hưu đối với Chủ tịch Hội đồng thành viên, Chủ tịch công ty, Kiểm soát viên, người đại diện phần vốn nhà nước;

b) Chủ tịch Hội đồng thành viên, Chủ tịch công ty ra thông báo nghỉ hưu đối với thành viên Hội đồng thành viên, Tổng giám đốc, Giám đốc, Phó Tổng giám đốc, Phó giám đốc, Kế toán trưởng.

2. Trước 03 tháng tính đến thời điểm người quản lý doanh nghiệp nhà nước, Kiểm soát viên, người đại diện phần vốn nhà nước nghỉ hưu theo quy định, cơ quan đại diện chủ sở hữu hoặc doanh nghiệp phải ban hành quyết định nghỉ hưu theo thẩm quyền hoặc báo cáo cấp có thẩm quyền ban hành quyết định nghỉ hưu.

Chương X
ĐIỀU KHOẢN THI HÀNH

Điều 76. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành kể từ ngày ký ban hành.

2. Nghị định này thay thế Nghị định số 97/2015/NĐ-CP ngày 19 tháng 10 năm 2015 của Chính phủ về quản lý người giữ chức danh, chức vụ tại doanh nghiệp là công ty trách nhiệm hữu hạn một thành viên mà Nhà nước nắm giữ 100% vốn điều lệ và Nghị định số 106/2015/NĐ-CP ngày 23 tháng 10 năm 2015 của Chính phủ về quản lý người đại diện trên 50% phần vốn nhà nước giữ các chức danh quản lý tại doanh nghiệp mà Nhà nước nắm giữ trên 50% vốn điều lệ.

3. Đối với các hành vi vi phạm của người quản lý doanh nghiệp nhà nước, Kiểm soát viên, người đại diện phần vốn nhà nước được xem xét, xử lý trước ngày Nghị định này có hiệu lực thi hành thì tiếp tục áp dụng quy định của pháp luật hiện hành để xử lý; đối với các hành vi vi phạm xảy ra trước ngày Nghị định này có hiệu lực nhưng việc xem xét, xử lý sau ngày Nghị định này có hiệu lực thì áp dụng quy định của Nghị định này.

Điều 77. Tổ chức thực hiện

1. Bộ Quốc phòng, Bộ Công an căn cứ quy định tại Nghị định này quy định về quản lý người giữ chức danh, chức vụ và người đại diện phần vốn nhà nước tại doanh nghiệp nhà nước thuộc Bộ Quốc phòng, Bộ Công an theo quy chế công tác cán bộ trong quân đội nhân dân, công an nhân dân và quy định của pháp luật.

2. Cơ quan đại diện chủ sở hữu chỉ đạo Hội đồng thành viên, Chủ tịch công ty do Nhà nước nắm giữ 100% vốn điều lệ căn cứ quy định tại Nghị định này quy định quy chế quản lý người giữ chức danh, chức vụ và người đại diện phần vốn nhà nước tại doanh nghiệp thành viên.

3. Tổng công ty Đầu tư và kinh doanh vốn nhà nước căn cứ quy định tại Nghị định này quy định quy chế quản lý người giữ chức danh, chức vụ và người đại diện phần vốn nhà nước tại doanh nghiệp do Tổng công ty là đại diện chủ sở hữu.

4. Việc tuyển dụng, bổ nhiệm thông qua thi tuyển cạnh tranh đối với các chức danh quản lý, điều hành trong doanh nghiệp hoặc thuê các chức danh Tổng giám đốc, Giám đốc, Phó Tổng giám đốc, Phó giám đốc, Kế toán trưởng được thực hiện theo đề án được cấp có thẩm quyền phê duyệt trước khi thực hiện.

5. Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương, cơ quan, tổ chức, cá nhân khác có liên quan chịu trách nhiệm thi hành Nghị định này./.