Decree No. 69/2023/ND-CP amending and supplementing some articles of Decree No. 159/2020/ND-CP dated December 31, 2020 on the management of persons holding positions and titles and state capital representatives at enterprises.

DECREE

Amending and supplementing some articles of Decree No. 159/2020/NĐ-CP dated December 31, 2020 on the management of persons holding positions and titles and state capital representatives in enterprises

concerning the management of persons holding positions and titles and state capital representatives in enterprises

dated December 31, 2020

Pursuant to the Law on Government Organization dated June 19, 2015; and the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant to the Enterprise Law dated June 17, 2020;

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

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Public Officials and Civil Servants and the Law on Public Employees dated November 25, 2019;

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

The Government promulgates this Decree amending and supplementing some articles of Decree No. 159/2020/NĐ-CP dated December 31, 2020 on the management of persons holding positions and titles and state capital representatives in enterprises.

Article 1. Amend and supplement certain articles of Decree No.159/2020/NĐ-CP dated December 31, 2020 on the management of persons holding positions and titles and state capital representatives in enterprises

1. Amend and supplement Clause 3 of Article 3 as follows:

"3. The leadership collective of the enterprise includes the Board of Members or the Chairman of the Company and the permanent executive body of the Party organization at the same level (for higher-level Party organizations based on the foundation) or the Party organization at the same level (for grassroots Party organizations)."

2. Amend Point b Clause 1 Article 6 as follows:

"b) Decide on the planning of the Chairman of the Board of Members, the Chairman of the Company;"

3. Amending and supplementing Clause 2 of Article 10 as follows:

"2. For managers of state-owned enterprises, Supervisors, and state capital representatives who are Party members, their quality assessment and classification as Party members shall be conducted first; their quality assessment and classification as managers shall be conducted subsequently. In cases where they fail to achieve the set targets and tasks for the year according to the results of the quality assessment and classification as managers, the competent authority shall re-examine and decide on the quality assessment and classification as Party members based on the criteria for quality assessment and classification."

4. Amend Article 18 as follows:

"Article 18. Principles and conditions for implementing planning

1. Ensuring the principle of unified Party leadership over cadre work and cadre management; strictly implementing the principles of democratic centralism, Party regulations, and State laws; ensuring thoroughness, synchronization, connectivity, transparency, and fairness; planning for leadership and management positions must be synchronized with the planning of Party bodies within enterprises; lower-level planning serves as the basis for upper-level planning.

2. During each five-year period, only one planning cycle will be established and guidance provided for the next period. Planning for the next period will be carried out in the second year of the current period. Annually, reviews and supplements to the planning for the current and next periods will be conducted in the first quarter and reported on the approval of the planning in the second quarter, no later than June; in cases of a second review and supplement to the planning in the same year, a report must be submitted within at least 30 days from the date of the competent authority's decision to approve the planning.

3. Personnel considered for inclusion in the planning:

a) Regarding the standards for personnel included in the planning, they generally follow the appointment standards for managerial positions. At the time of planning, the competent authority may consider and approve planning for individuals who basically meet the appointment standards and conditions as stipulated.

Objectives 1 must meet the corresponding political theory standards for the appointment position; Objective 2 may not yet meet the political theory standards but must have a training and development plan to meet the requirements after being included in the planning.

Objectives 1 and 2 for various positions and titles are determined according to the provisions of the competent authority.

b) Regarding age, personnel included in the planning for the next period must be old enough to serve two terms or more, and at least one full term. When annually reviewing and supplementing the planning for the current period, personnel included in the planning must still be able to serve for at least 72 months. The age calculation for planning is implemented according to the provisions of the competent authority.

c) For personnel currently holding managerial positions, they can only be planned for higher positions.

4. Personnel who exceed the planning age or have been disciplined with a warning or higher, or have been concluded by the competent authority as not meeting the political standards for the planned position, shall automatically be removed from the planning.

5. The representative body of the owner shall establish planning and plans for arranging personnel as Supervisors, determine equivalent positions to Supervisors, and implement them according to their authority."

5. Amend Clause 1 Article 23 as follows:

"1. Based on the results of introducing sources for planning at each stage of the process; according to the standards, conditions, structure, and quantity as prescribed, the advisory body on organization and cadres shall review, compile, and report to the leadership collective of the enterprise for discussion and secret ballot to decide on the personnel to be included in the planning for each position. Each leadership and management position planning shall not exceed three people; one person shall not be planned for more than three positions."

6. Amend Article 26 as follows:

"Article 26. Planning files

1. A proposal for approval of the planning and a summary of the voting results at each stage signed by the head of the authorized agency or organization.

2. A personal curriculum vitae filled out according to current regulations, confirmed by the competent authority, with a recent color photograph measuring 4x6 cm taken within six months.

3. Comments and evaluations from the Board of Members or the Chairman of the Company; comments and evaluations from the same-level Party organization regarding moral character, lifestyle, organizational discipline awareness, internal unity; work capacity and performance of assigned responsibilities; reputation and prospects for development.

4. Conclusions of the authorized Party organization regarding political standards.

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

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

7. Amend Article 28 as follows:

"Article 28. Conditions for appointment

1. Ensure general standards and conditions as prescribed by the Party and State, and specific standards and conditions for the position and title to be appointed as prescribed by the competent authority.

2. For personnel from local sources, they must be planned for appointment to positions and titles or planned for equivalent or higher positions and titles. For personnel from other sources, they must be planned for equivalent or higher positions and titles. In special cases, the competent authority shall examine and decide.

In case a newly established enterprise has not yet completed the approval of the planning process, it shall be examined and decided by the competent authority.

3. Have personal files, resumes, asset declarations, and income statements as prescribed.

4. Age for appointment:

a) Personnel proposed for initial appointment to leadership or management positions or proposed for appointment to higher leadership or management positions must be old enough to serve the full term of appointment. The age calculation for appointment shall be carried out according to the regulations of the competent authority.

In special cases, the competent authority shall examine and decide.

b) Personnel transferred or appointed to new positions equivalent to or lower than their current positions shall not be subject to the age requirement stipulated in point a of this clause.

5. Be in good health to fulfill assigned tasks.

6. Not fall under any of the prohibited circumstances for assuming positions as prescribed by law.

7. Not be within the period of disciplinary action, currently under investigation, prosecution, or trial. In case an enterprise is undergoing inspection or audit by the competent authority, the competent authority shall consult with the inspection or audit agency regarding the personnel proposed for appointment before making a decision.

8. Have served at least two years (24 months) in the current position or an equivalent position, if not continuously then the time can be accumulated (only for equivalent positions). In special cases, the competent authority shall examine and decide.

9. An enterprise manager who has been disciplined during their tenure shall not be appointed or recommended for candidacy for a higher position within the specified period by the competent authority.”

8. Amend Article 30 as follows:

"Article 30. Procedures and formalities for implementing appointments for local personnel sources

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

Based on the policy of the competent authority, task requirements, and planned human resources, the enterprise's leadership body shall convene to discuss and propose the structure, standards, conditions, and procedures for recommending personnel.

2. Appointment procedures shall be carried out as follows:

The appointment procedure for local personnel sources consists of five steps; meetings may only proceed when at least two-thirds of those summoned are present. Specifically, as follows:

a) Step 1: First meeting of the enterprise's leadership body

Based on the appointment policy, enterprise task requirements, and planned human resources, the leadership body shall discuss and agree on the structure, number, standards, conditions, and procedures for recommending personnel; simultaneously, review the evaluation and comments on each planned personnel (including those planned for equivalent or higher positions); approve the list of personnel meeting the prescribed standards and conditions for recommendation in the next step and direct the appointment of suitable personnel according to the requirements of the organization.

Summoned participants: Board of Directors or Company Chairman and the Standing Committee of the Party Committee at the same level (for upper-level Party organizations) or the Party Committee at the same level (for grassroots Party organizations).

The head of the organizational cadre advisory body (if any) may attend the meeting but does not belong to the voting group, except in cases where they are determined to be members of the enterprise's leadership body as prescribed in Clause 3 of Article 3 of this Decree.

The discussion results and proposals shall be recorded in the minutes.

b) Step 2: Expanded leadership meeting

Based on the structure, standards, conditions, and approved personnel list from Step 1, the head shall discuss the direction of appointing suitable personnel according to the organization's requirements for the meeting to discuss and conduct a secret ballot to recommend personnel.

Summoned participants: Implemented as prescribed in Clause 2 of Article 22 of this Decree.

Recommendation and selection principles: Each member recommends one person for a position; whoever receives more than 50% of the votes cast by those summoned for recommendation is selected. If no one reaches over 50%, all those receiving at least 30% of the votes will be recommended for the next step. If no one reaches 30% of the votes, further steps will not be continued and the competent authority for appointment will be reported for examination and guidance.

The personnel recommendation ballot is issued by the meeting organizing committee and stamped with the unit seal. The vote counting results are recorded in the minutes and not announced at this meeting.

c) Step 3: Second meeting of the enterprise's leadership body

Based on the personnel recommendations from Step 2, the leadership body shall discuss and conduct a secret ballot to recommend personnel.

Participants: Implemented as prescribed in Step 1.

Recommendation and selection principles: Each leadership member recommends one person for a position among those recommended in Step 2 or another person meeting the prescribed standards and conditions; whoever receives more than 50% of the votes cast by those summoned for recommendation is selected. If no one reaches over 50%, all those receiving at least 30% of the votes will be recommended for the next step. If no one reaches 30% of the votes, further steps will not be continued and the competent authority for appointment will be reported for examination and guidance.

In case the personnel introduced at this stage differs from those introduced at Step 2, the leadership collective shall discuss, analyze thoroughly, evaluate multiple aspects to consider and decide on the selection of personnel for introduction at the next step through secret ballot within their authority and bear responsibility for their decision. The selected person must be recommended by at least two-thirds of the leadership collective. If there is no person achieving the support of two-thirds of the leadership collective, the subsequent steps will not be continued and the competent authority responsible for appointment shall be reported for consideration and guidance.

The personnel recommendation form is issued by the conference organizing board and stamped with the unit's seal. The voting result is recorded in the minutes and announced at the conference.

d) Step 4: Key Cadres Conference

Conduct a secret ballot to gather opinions on the list of personnel introduced at Step 3.

Composition: Implemented as prescribed in Article 21 of this Decree.

Conference procedure: Announce the list of personnel introduced at Step 3; summarize curriculum vitae, educational and work history; asset declaration and income statement; assess strengths, weaknesses, development prospects, and proposed job assignments; record trust votes (which may or may not include signatures).

The trust vote form is issued by the conference organizing board and stamped with the unit's seal. The voting results are recorded in the minutes but not announced at the conference.

đ) Step 5: Leadership Collective Conference (third time)

Prior to convening the conference, the agency or unit shall issue a document requesting the competent Party committee to provide written comments and evaluations on the personnel; conduct verification and conclude on any new issues arising (if any).

The leadership collective shall discuss and vote on the personnel.

Participants: Implemented as prescribed in Step 1.

Implementation procedure: Based on the written comments and evaluations by the competent Party committee; the results of the ballots from previous conferences; the results of verifying and concluding on any new issues arising (if any) concerning the proposed appointees; the leadership collective shall discuss and vote on the personnel through secret ballot.

Selection principle: The person receiving the highest number of votes exceeding 50% of the total number of attendees shall be chosen for nomination. In case two persons have the same number of votes reaching 50%, the head shall review and select the personnel for nomination; simultaneously report all differing opinions to the competent authority for consideration and decision.

The personnel voting form is issued by the conference organizing board and stamped with the unit's seal. The voting results are recorded in the minutes.

The Chairman of the Board of Members, the Company Chairman shall issue the appointment decision within their authority or submit it to the competent authority for consideration and decision.”

9. Amend Article 31 as follows:

“Article 31. Procedures and formalities for implementing appointments from external sources

In cases where personnel are proposed for transfer and appointment or recommended for candidacy from outside the agency or organization by the competent authority, the organizational and cadre advisory body shall carry out the following tasks:

Step 1: Exchange opinions with the leadership collective of the receiving agency or organization regarding the proposed appointment.

Step 2: Exchange and seek opinions from the leadership collective of the current workplace regarding the proposal to transfer and appoint. The recommended person must achieve more than 50% of the total number of attendees; if the recommended person has 50% of the votes, the head shall review and decide; if the recommended person has less than 50% of the votes, the subsequent steps shall still be carried out and reported to the competent authority according to Step 3; collect evaluations and comments from localities, agencies, units, and personnel files as required.

Meet with the personnel to discuss job requirements.

Step 3: Lead and coordinate with relevant agencies to verify the personnel and report to the competent authority for consideration and decision.

In cases where the personnel meet the standards and conditions stipulated but there are still inconsistent opinions from the agency or organization where the personnel work or the receiving organization or the personnel themselves, the organizational and cadre advisory body shall report all opinions fully and submit them to the competent authority for consideration and decision.”

10. Amend and supplement Clause 3 of Article 33 as follows:

“3. In cases where enterprises have not yet completed the positions of Chairman of the Board of Members or Company Chairman, General Director, Director, based on job requirements, the competent authority shall consider and decide on entrusting the position of Company Chairman, General Director, Director or temporarily managing the Board of Members for the person currently holding a leadership or management position until the appointment decisions for these positions are made; the duration of entrusting or temporary management shall not exceed 12 months and shall not be counted towards the tenure if subsequently appointed.”

11. Amend Article 34 as follows:

“Article 34. Appointment File

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

2. A summary table of voting results accompanied by the minutes of the voting process at each step in the appointment procedure.

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

4. A self-assessment report of the last three years of work.

5. Evaluations and comments over the last three years by the competent authority on moral character, lifestyle, organizational discipline awareness, internal unity; work capability, performance of assigned responsibilities and tasks, including specific products, achievements, limitations, shortcomings, violations (if any); reputation and development prospects.

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

7. Conclusions by the competent Party committee on political criteria as prescribed.

8. Comments by the branch committee of the place of residence regarding the individual and family. In cases where the place of residence of the individual differs from that of the family, comments from the branch committees of both places of residence must be obtained.

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

10. Copies of certificates and diplomas as required by the position and title criteria. In cases where the personnel have degrees awarded by foreign educational institutions, they must be recognized in Vietnam as prescribed.

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

12. Inspection, audit conclusions, complaint and accusation resolution decisions, and related documents (if any).

12. Amend Clause 1 and supplement Clause 5 following Clause 4 of Article 35 as follows:

“1. When the term of office for appointing a state-owned enterprise manager or a Supervisor expires as prescribed, the competent authority must review and decide to reappoint or not to reappoint such person. In cases where the reappointment process has not been carried out as stipulated in this Clause, the appointing authority must issue a written notice for the enterprise and the individual concerned to be informed.

A state-owned enterprise manager or a Supervisor who is appointed due to one of the following reasons: inadequate health; reduced reputation; failure to complete tasks; violation of party discipline or national laws, the competent authority shall decide on replacement, dismissal from position, removal, resignation, or removal from office without waiting until the end of the term of office or the term of service.

5. A state-owned enterprise manager or a Supervisor who is still serving a disciplinary decision at the end of their appointment term but does not fall under the category requiring removal or resignation according to the Party's regulations and laws, the appointing authority shall base on job requirements, discuss, assess, and consider various aspects including moral character, capability, reputation, reasons and motives for violations, shortcomings, nature, degree of impact and consequences, and results of remediation (if any) to review and decide on reappointment or extension of the term of office or leadership position.

13. Supplement Clause 7 and Clause 8 following Clause 6 of Article 36 as follows:

“7. A manager of an enterprise who is still serving a disciplinary decision of reprimand or warning at the end of their appointment term, the appointing authority shall base on job requirements, moral character, capability, reputation, reasons and motives for violations, shortcomings, nature, degree of impact and consequences, and results of remediation (if any) to review and decide on reappointment or extension of the term of management position.

8. If a state-owned enterprise manager or a Supervisor is not reappointed, the competent authority shall review and decide on other job assignments; they shall not be assigned to equivalent or higher positions.

14. Amend and supplement Point c of Clause 2 of Article 37 as follows:

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

c) The enterprise leadership body discusses and decides on personnel:

The enterprise leadership body discusses the results of the trust vote at the key cadre meeting; analyzes the results of the trust vote at the key cadre meeting. The proposed reappointed person must achieve a ratio above 50% based on the total number of people summoned to attend the key cadre meeting. In case the ratio is 50% or less, report to the competent authority for review and decision on continuing the process;

Verify and conclude on new issues arising (if any);

Discuss, comment, evaluate, and vote on personnel by secret ballot. The proposed reappointed personnel must achieve a ratio above 50% of the enterprise leadership body members agreeing; if the ratio is 50%, the Chairman of the Board of Members or the Company Chairman will decide; if the ratio is below 50%, report all differing opinions fully to the competent authority for review and decision.

15. Amend and supplement Point b of Clause 1 of Article 40 as follows:

“1. Objectives of transfer and rotation:

b) State-owned enterprise managers and Supervisors who have completed two consecutive terms of appointment and are not eligible for more than two consecutive appointments at one enterprise according to regulations.

16. Supplement Article 40a following Article 40 as follows:

“Article 40a. Standards and Conditions for Rotation

1. Firm political stance and good moral character.

2. Professional qualifications, theoretical political knowledge, work capabilities, and prospects for development.

3. Meet the standards and conditions prescribed for the position being transferred to.

4. Have at least ten years left in service calculated from the date of rotation; in special cases, the competent authority may review and decide.

5. Possess sufficient health to fulfill assigned responsibilities and tasks.

17. Amend and supplement Article 52 as follows:

“Article 52. Resignation

1. Consideration for resignation of enterprise managers, Supervisors, and representatives of state capital shall be carried out in the following situations:

a) Due to limitations in capability or no longer having sufficient reputation to fulfill assigned responsibilities and tasks.

b) Causing serious violations in the organization or unit they manage or oversee.

c) Receiving more than 50% negative trust votes in the period specified by the Party.

The objects, procedures, and formalities for collecting trust votes shall be implemented according to the regulations of the competent authority.

d) For other legitimate personal reasons.

2. Procedure for considering resignation:

a) Based on the provisions of Clause 1 of this Article, enterprise managers, Supervisors, and representatives of state capital submit a resignation letter. In cases where there is no resignation letter, it shall be handled according to Clause 2 of Article 53 of this Decree.

b) Within ten working days from the date of receipt of the resignation letter, the organizational and cadre advisory agency shall exchange with the resigning enterprise manager, Supervisor, and representative of state capital and report to the appointing authority or the delegated authority.

c) The appointing authority or the delegated authority shall review and decide on resignation within ten working days from the date of receipt of the organizational and cadre advisory agency's proposal; in cases where necessary due to objective reasons, it can be extended up to fifteen working days.

3. If the resignation letter has not been approved by the competent authority or organization, the resigning enterprise manager, Supervisor, and representative of state capital must continue to perform their assigned duties, responsibilities, and powers.

4. The enterprise manager, Supervisor, and State Capital Representative, after resigning, if they wish to continue working, the head of the competent agency or organization shall consider their capacity, morality, and experience to arrange suitable work according to the requirements and tasks of the agency or unit.

18. Amend and supplement Article 53 as follows:

"Article 53. Removal

1. The removal of the enterprise manager, Supervisor, and State Capital Representative shall be carried out in the following cases:

a) Being disciplined with a warning or reprimand, and the competent authority determines that their capability is limited and their reputation has declined.

b) Receiving two or more reprimands within the same term of appointment.

c) Having less than one-third of the trust votes at the session held according to the Party's regulations.

The objects, procedures, and formalities for collecting trust votes shall be implemented according to the regulations of the competent authority.

d) Being rated as not fulfilling the task for two consecutive years.

đ) Being concluded by the competent authority to have deteriorated ideologically, morally, and in lifestyle, undergoing self-evolution or self-transformation; violating the prohibitions for Party members; failing to set a good example, adversely affecting their own reputation and the agency or unit where they work.

e) Being concluded by the competent authority to have violated political standards as prescribed in the internal political protection regulations of the Party to the extent that removal is necessary.

g) The enterprise manager or State Capital Representative, as the head, allows the subordinate agencies or units under their management or direct subordinates to engage in serious corruption or misconduct.

2. The process of considering removal:

a) When there are sufficient grounds for removal of the enterprise manager, Supervisor, and State Capital Representative as stipulated in Clause 1 of this Article, the Chairman of the Board of Members, the Company Chairman, or the personnel advisory agency shall, within ten working days, discuss with the enterprise manager, Supervisor, and propose to the competent authority to consider and decide; for the State Capital Representative, the appointing authority shall carry out this task.

b) The competent authority shall consider and decide on the removal within ten working days from the date of receipt of the proposal; in case of necessity due to objective reasons, it may be extended up to fifteen working days. The leadership collective of the competent agency or unit must discuss and clearly determine the grounds for removal proposed by the personnel advisory agency before voting secretly. The decision to remove must be agreed by fifty percent or more of the total number of members of the leadership collective; if the ratio reaches fifty percent, the head of the agency or unit decides; if the ratio is below fifty percent, it must report to the higher-level managing agency for consideration and decision.

3. The State Enterprise Manager, Supervisor, and State Capital Representative who are removed shall not receive salary according to their position or title from the date of the removal decision. After being removed, the head of the competent agency or organization shall consider arranging suitable work according to the requirements and tasks of the agency or unit based on the principle of not assigning an equivalent or higher position; the person removed must comply with the assignment decision of the competent authority. If the removal is due to being rated as not fulfilling the task for two consecutive years, the competent agency or organization shall terminate their employment according to the law.

19. Amend and supplement Point g Clause 1, Point b Clause 2 of Article 54 as follows:

"1. The competent authority shall consider terminating the State Capital Representative in one of the following cases:

g) According to the decision of the competent authority to appoint the State Capital Representative when there are other reasons to terminate the State Capital Representative according to the regulations of the Party and the law.

2. The process of considering termination of the State Capital Representative:

b) Within thirty days from the date of receiving the proposal document for terminating the State Capital Representative from the personnel advisory agency, the representative body of the principal owner must discuss and vote secretly. The decision to terminate the State Capital Representative shall be considered and decided by the representative body of the principal owner.

20. Amend Clause 2, Clause 4, Clause 6; and supplement Clause 9, Clause 10, Clause 11 after Clause 8 of Article 56 as follows:

"2. Each violation act shall only be punished once with one disciplinary form. At the same time of considering disciplinary punishment, if the State Enterprise Manager, Supervisor, or State Capital Representative commits two or more violation acts, each violation act shall be examined and concluded separately and decided collectively with the highest disciplinary form.

4. When considering disciplinary punishment, it must be based on the content, motive, nature, degree, impact, cause of violation, specific circumstances; aggravating or mitigating circumstances; attitude towards accepting and correcting, remedying shortcomings, violations, and consequences caused; other cases as prescribed by the Party and the law shall be considered as grounds for exempting or reducing disciplinary responsibility.

6. If the State Enterprise Manager, Supervisor, or State Capital Representative is disciplined by the Party, within thirty days from the date of announcing the Party disciplinary decision, the agency, organization, or unit must implement the administrative disciplinary procedure (if applicable), except in cases not yet considered for disciplinary action as prescribed in Article 59 of this Decree.

The administrative disciplinary form must be commensurate with the Party disciplinary form. In cases where the Party disciplinary form is the highest, the personnel advisory agency shall report to the competent authority for disciplinary action to consider and decide on the highest administrative disciplinary form if it falls under one of the cases prescribed in Article 63 of this Decree; if it does not fall under any of the above cases, it shall report to the competent authority to decide on disciplinary action by dismissal for the State Enterprise Manager or Supervisor, or by removal for the State Capital Representative.

In case there are differing opinions on determining the appropriate administrative disciplinary measure corresponding to the highest party disciplinary measure, the competent authority shall decide to establish a Disciplinary Council to provide advisory recommendations; and seek written opinions from the Party organization that issued the disciplinary decision for Party members before making a decision.

If there is a change in the form of party disciplinary measures, the corresponding administrative disciplinary measures must also be changed. The time already served under the old disciplinary decision will be deducted from the time served under the new disciplinary decision (if applicable). If the Party's competent authority decides to revoke the party disciplinary decision, the administrative disciplinary authority must issue a decision to revoke the administrative disciplinary decision.

9. The disciplinary decision against state enterprise managers, Supervisors, and state capital representatives becomes effective for twelve months from the date it takes effect; for cases disciplined with reprimand, warning, or removal, the planning, appointment, candidacy for higher positions, and personnel deployment regulations take effect according to the provisions of the competent authority.

If there is already a party disciplinary decision, the effectiveness of the administrative disciplinary decision starts from the date the party disciplinary decision becomes effective. During this period, if there is no further violation of the law warranting disciplinary action, the disciplinary decision automatically terminates its effectiveness without requiring a termination document.

If state enterprise managers, Supervisors, or state capital representatives continue to commit violations warranting disciplinary action during the implementation of a disciplinary decision, they shall be handled according to the provisions of Clause 3 of this Article. The ongoing disciplinary decision ceases to be effective from the date the new disciplinary decision for the new violation becomes effective.

Documents related to disciplinary actions and disciplinary decisions must be retained in the personnel file. The form of discipline must be recorded in the resume of state enterprise managers, Supervisors, and state capital representatives.

10. State enterprise managers, Supervisors, and state capital representatives who commit violations during their tenure at previous agencies, organizations, or units, which are discovered only upon transfer to new agencies, organizations, or units and are still within the statute of limitations for disciplinary action, shall have the new agency, organization, or unit's competent authority implement the examination and disciplinary action according to the relevant laws corresponding to their current position. For such cases, the previous agency, organization, or unit is responsible for providing all related violation files and appointing someone to cooperate during the examination and disciplinary process. Regulations regarding quality assessment, classification, and other related provisions are applied based on the previous unit where the violation occurred.

11. It is not allowed to appoint spouses, biological parents, adoptive parents, biological children, adopted children, full siblings, maternal and paternal aunts, uncles, cousins, siblings-in-law, or individuals with rights and obligations related to the violation being considered for disciplinary action as members of the Disciplinary Council or as the chairperson of the meeting for criticism.

21. Amend Article 57 as follows:

“Article 57. Statute of Limitations and Time Limits for Disciplinary Actions

1. The statute of limitations for disciplinary actions is the period after which state enterprise managers, Supervisors, state capital representatives, those who have retired or left work, who have committed violations will not be subject to disciplinary actions. The statute of limitations for disciplinary actions is calculated from the date of the violation. If a new violation occurs within the period for calculating the statute of limitations as prescribed, the statute of limitations for the previous violation is recalculated from the date of the new violation.

2. Determining the date of the violation:

a) For violations that can be determined to have ended, the date of the violation is calculated from the end date.

b) For ongoing violations, the date of the violation is calculated from the discovery date.

c) For violations that cannot be determined to have ended, the date of the violation is calculated from the date of the conclusion by the competent authority.

3. Except for the cases stipulated in Clause 4 of this Article, the statute of limitations for disciplinary action is defined as follows:

a) Five years for less serious violations warranting reprimand.

b) Ten years for violations not covered by point a of this clause.

4. For the following violations, the statute of limitations for disciplinary actions does not apply:

a) State enterprise managers, Supervisors, state capital representatives who are Party members committing violations warranting expulsion.

b) Committing violations concerning internal political security work;

c) Acts harming national interests in defense, security, and foreign affairs.

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

5. The time limit for disciplinary actions against state enterprise managers, Supervisors, and state capital representatives is the period from when the violation by the state enterprise manager, Supervisor, or state capital representative is discovered or concluded by the competent authority until the disciplinary decision is issued.

The time limit for disciplinary actions shall not exceed ninety days; in cases with complex circumstances requiring additional investigation and verification, the time limit may be extended but shall not exceed one hundred and fifty days.

The competent authority handling disciplinary actions must ensure that disciplinary actions are completed within the prescribed time limit. If the time limit for disciplinary actions expires without issuing a disciplinary decision, responsibility for the delay must be borne, and a disciplinary decision must be issued if the violation remains within the statute of limitations.

6. The following periods are not included in the statute of limitations and period for disciplinary action:

a) The time not examined for disciplinary actions as stipulated in Article 59 of this Decree.

b) The time for criminal investigation, prosecution, and trial according to criminal procedure (if applicable);

c) The time for lodging a complaint or initiating an administrative lawsuit at the Court regarding the disciplinary decision until a new disciplinary decision is made according to the authority's decision.

7. In cases where state enterprise managers, Supervisors, or state capital representatives have been indicted, prosecuted, or have had a decision to bring them to trial under criminal proceedings, but subsequently there is a decision to terminate the investigation or discontinue the case, if their actions indicate a violation of discipline, they shall be subject to disciplinary review and possible disciplinary action.

Within three working days from the date of issuing the decision to terminate the investigation or discontinue the case, the person issuing the decision must send the decision and related documents to the competent authority responsible for disciplinary action.”

22. Amend and supplement Point c Clause 1 Article 59 as follows:

“c) Is a female who is pregnant, on maternity leave, or nursing a child under 12 months old; is a male (in the event of his wife's death or due to other objective and irresistible reasons) nursing a child under 12 months old, except in cases where the person with the violation has submitted a request for disciplinary review.”

23. Amend and supplement Clause 9 Article 60 as follows:

“9. Violations of laws concerning: prevention and control of domestic violence; population, marriage, and family; gender equality; social security; other regulations of the Party and laws related to state enterprise managers, Supervisors, and state capital representatives.”

24. Amend Article 64 as follows:

“Article 64. Procedures and formalities for disciplinary action

1. Disciplinary action 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) The competent authority issues a decision on disciplinary action.

2. The provision at point a, Clause 1 of this Article shall not be implemented in the following cases:

a) Disciplinary action in accordance with Clause 10 Article 56 of this Decree;

b) Disciplinary action based on the decision of the competent authority as stipulated in Point d Clause 1 Article 59 of this Decree.

3. The provisions at point a and point b, Clause 1 of this Article shall not be implemented in the following cases:

a) There is a conclusion from the competent agency or organization regarding the violation, including specific recommendations for disciplinary measures as prescribed;

b) State enterprise managers, Supervisors, or state capital representatives who commit acts violating the law and are sentenced to imprisonment by the Court without probation or are convicted of corruption;

c) There is a disciplinary decision regarding the party, except in cases where the competent authority decides to establish a Disciplinary Board in accordance with Clause 6 Article 56 of this Decree.

The cases specified in Clauses 2 and 3 of this Article may use the conclusion on the violation (if any) without the need for further investigation or verification.”

25. Amend and supplement Point a Clause 1 Article 65 as follows:

“a) In cases where the person being reviewed is the Chairman of the Board of Members, the Company Chairman, or a Supervisor, the head of the state-owned enterprise representative agency shall be responsible for chairing the meeting for review and deciding the composition of the meeting including representatives of leadership, organizational and personnel advisory agencies of the state-owned enterprise representative agency, representatives of the Board of Members, the Group of State Capital Representatives at the enterprise, representatives of the Party Committee, the enterprise trade union or the unit where the person being reviewed works;”

26. Amend and supplement Clause 1 Article 74 as follows:

“1. The retirement date of state enterprise managers, Supervisors, and state capital representatives is the last day of the month when they reach the retirement age as prescribed. The date of enjoying the pension benefit is the first day of the month immediately following the retirement date.

In cases where the file does not specify the date and month of birth but only the year of birth, January 1st of the year of birth will be used as the basis for determining the retirement date and the date of enjoying the pension benefit.

In cases where a Supervisor ceases employment, they shall enjoy the severance pay equivalent to that of civil servants. The period for enjoying severance pay is the period of service as a civil servant; the cost of implementing the severance pay shall be borne by the enterprise.”

27. Amend the phrase "Executive Committee of the Party Committee" to "the same level Party Committee" in Point a Clause 1, Point a Clause 2, and Point a Clause 3 Article 21.

28. Amend the phrase "15 days" to "30 days" in Point b Clause 1, Point b Clause 2 Article 29, Point d Clause 1 and Point c Clause 2 Article 32.

Article 2. Application of the Decree to other subjects

The competent authority establishing and managing state financial funds outside the state budget, and other organizations as prescribed by law, which are not state administrative agencies, public service units, or organizations that decide on the implementation of regulations regarding the evaluation, planning, appointment, reappointment, transfer, rotation, resignation, dismissal, commendation, disciplinary action, retirement for fund managers and organization managers as stipulated in Decree No. 159/2020/NĐ-CP dated December 31, 2020 of the Government on the management of persons holding positions and titles and state capital representatives in enterprises and this Decree.

Article 3. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. Cases applying the statute of limitations for disciplinary action as prescribed in Decree No. 159/2020/NĐ-CP dated December 31, 2020 on the management of persons holding positions and titles and state capital representatives in enterprises:

a) Cases where violations were discovered and the disciplinary process was initiated before November 15, 2022;

b) Cases where there is a conclusion from the competent authority regarding the violation; decisions on party disciplinary actions have taken effect before November 15, 2022 but administrative disciplinary actions have not yet been implemented.

3. For violations where the disciplinary process was initiated before the effective date of this Decree, the provisions of the law at the time of initiating the process shall continue to be applied for handling; for violations occurring before the effective date of this Decree, still within the statute of limitations but not yet handled, the provisions of this Decree shall be applied.

4. Not to reconsider: Disciplinary decisions that have taken legal effect before the effective date of this Decree, except in cases of resolving complaints about disciplinary decisions; other decisions on disciplinary actions that have taken effect before the effective date of this Decree.

5. In cases where authority has been delegated or responsibility assumed before the effective date of this Decree and more than twelve months have passed since the decision on delegation or assumption of responsibility took effect, within three months from the effective date of this Decree, the competent authority must implement personnel arrangements according to the regulations of the Party and the law; the delegation or assumption of responsibility for such position shall not continue.

In cases where authority has been delegated or responsibility assumed before the effective date of this Decree but less than twelve months have passed since the decision on delegation or assumption of responsibility took effect and more than three months remain until the end of the twelve-month period, the remaining period shall be completed; if less than three months remain, it shall be handled as provided in Clause 3 of this Article; the delegation or assumption of responsibility for such position shall not continue.

In cases where authority has been delegated or responsibility assumed before the effective date of this Decree and the person currently holding the delegated authority or responsibility has received a notice of retirement before the effective date of this Decree, they shall continue to perform their duties and powers as stipulated until retirement.

In special cases where there is no qualified personnel available to replace and it is necessary to extend beyond the time specified in this clause, the competent authority shall consider and decide on an appropriate extension period, ensuring compliance with authority, procedures, and formalities as prescribed by the Party and the law.

6. In cases where planning, appointment, rotation, or disciplinary action processes were initiated before the effective date of this Decree, the provisions at the time of initiation shall continue to be applied.

Article 4. Responsibilities for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related agencies, organizations, and individuals are responsible for implementing this Decree.