Decree No. 97/2015/NĐ-CP on managing individuals holding positions at state-owned enterprises that have 100% state capital

DECREE

ON THE MANAGEMENT OF PERSONS HOLDING POSITIONS AT ENTERPRISES WHICH ARE STATE CAPITAL JOINT STOCK COMPANIES WITH 100% STATE OWNED CAPITAL

On the basis of Law on Government Organization dated December 25, 2001;

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

On the basis of The Enterprise Law dated November 26, 2014;

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;

At the request of the Minister of Home Affairs,

The Government issues this Decree on the management of persons holding positions at enterprises which are State Capital Joint Stock Companies with 100% State owned capital.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the authority to decide and review; concurrent holding of positions; evaluation and training; planning; initial appointment and reappointment; resignation, removal, transfer, rotation; commendation and disciplinary action; termination of employment and retirement; and file management for persons holding positions at enterprises which are State Capital Joint Stock Companies with 100% State owned capital.

Article 2. Applicability

1. Enterprises which are State Capital Joint Stock Companies with 100% State owned capital include: parent companies of economic groups, state-owned corporations according to the parent company - subsidiary structure, independent companies not part of the parent company - subsidiary structure (hereinafter collectively referred to as economic groups, state-owned corporations, companies) established by the Prime Minister's decision or by Ministries, ministerial-level agencies, and agencies under the Government (hereinafter collectively referred to as the Ministry managing the sector), People's Committees of provinces and centrally governed cities (hereinafter collectively referred to as Provincial People's Committees).

2. Persons holding positions at enterprises which are State Capital Joint Stock Companies with 100% State owned capital include:

a) Chairman of the Board of Members;

b) The Chairman of the company;

c) Member of the Board of Members;

d) Inspector;

d) General Director;

e) Deputy General Director;

g) Director;

h) Deputy Director;

i) Chief Accountant.

Article 3. Explanation of Terms

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

1. Business manager is a person holding a position as prescribed in Clause 2, Article 2 of this Decree.

2. Open planning is planning for one position to be filled by several people and one person may be planned for several positions; introducing candidates for planning is not confined within individual enterprises; it is not limited to business managers and employees in place but should include business managers and employees from other enterprises who meet the criteria, conditions, and have potential to assume the planned positions.

3. Dynamic planning is planning that is reviewed, supplemented, and adjusted annually; removing business managers and employees from planning who no longer meet the criteria, conditions, lack development prospects, or have low credibility through annual trust votes; adding new business managers and employees with development prospects to planning.

4. Initial appointment is the first appointment of an employee to a managerial position or the appointment of a business manager to a higher managerial position than the one currently held.

5. Age for appointment is the age calculated from the date of birth to the date when the competent authority's approval document for the appointment proposal is issued.

6. Personnel advisory agency including:

a) Department of Personnel and Cadres, Cadre and Personnel Bureau under the Ministry managing the sector;

b) Department of Home Affairs under the Provincial People's Committee;

c) Cadre and Personnel Bureau (Department) under the economic group, state-owned corporation, company.

7. Same-level Party Committee is the Party Committee of the economic group, state-owned corporation, company or the Party Committee of the parent company of the economic group, state-owned corporation, company (if the Party Committee of the economic group, state-owned corporation, company has not yet been established).

Chapter II
AUTHORITY TO DECIDE AND REVIEW CONTENTS OF BUSINESS MANAGER MANAGEMENT

Article 4. The Prime Minister's authority

The Prime Minister decides on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, commendation, disciplinary action, termination of employment, retirement based on the proposal of the Ministry managing the sector and the opinion of the Ministry of Home Affairs for:

1. Chairman of the Board of Members of the Group;

2. Chairman of the Board of Members, General Director of the State Capital Investment and Business Corporation.

Article 5. Authority of the Ministry managing the sector, Provincial People's Committee

1. The Ministry managing the sector

a) Decides on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, commendation, disciplinary action, termination of employment, retirement based on the proposal of the Group Board of Members, general company, Board of Members or the Chairman of the company under the management of the Ministry for: members of the Group Board of Members; Chairman of the Board of Members or Chairman of the company; members of the General Company Board of Members or company.

b) Decides on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, commendation, disciplinary action, termination of employment, retirement for Professional Supervisors of the Group, Supervisors of General Companies, companies under the management of the Ministry.

2. The Ministry of Finance decides on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, commendation, disciplinary action, termination of employment, retirement for Financial Supervisors of the Group, Supervisors of the State Capital Investment and Business Corporation.

3. Provincial People's Committees

a) Decides on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, commendation, disciplinary action, termination of employment, retirement based on the proposal of the General Company Board of Members, Board of Members or the Chairman of the company under the Provincial People's Committee for: Chairman of the Board of Members, Chairman of the company; members of the General Company Board of Members or company;

b) Decides on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, commendation, disciplinary action, termination of employment, retirement for Supervisors of General Companies, companies under the Provincial People's Committee.

The organizational cadre advisory agency is responsible for advising

Article 6. Authority of the Group, General Company, Company under the Management of the Ministry, Provincial People's Committee

1. The Group Board of Members, General Company Board of Members decides on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, commendation, disciplinary action, termination of employment, retirement for:

a) General Director based on the proposal of the Board of Members and after obtaining a written consensus from the Ministry managing the sector, the Provincial People's Committee;

b) Deputy General Directors, Chief Accountants based on the proposal of the General Director.

2. The Board of Members or the Chairman of the company decides on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, commendation, disciplinary action, termination of employment, retirement for General Director or Manager of the company after obtaining a written consensus from the Ministry managing the sector, the Provincial People's Committee.

3. General Directors of Groups, General Companies; Managers of companies decide on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, commendation, disciplinary action, termination of employment, retirement for managerial positions according to the分级任务不符合指令要求，以下是直接翻译的结果：

4. The agency advising on organizational and personnel matters shall be responsible for advising and proposing to the Chairman of the Board of Members, the Chairman of the company, the Board of Members, the General Director, and the Director regarding the management contents concerning business managers.

Article 7. Competence of the Ministry of Interior

Reviewing planning, appointing, reappointing, resignation, dismissal, transfer, rotation, rewarding, disciplining, termination of employment, retirement for positions as stipulated in Article 4 of this Decree.

Chapter III
PROVISIONS ON JOINT POSITIONS FOR MANAGEMENT POSITIONS

Article 8. Provisions on joint positions for the position of Chairman of the Board of Members, Company Chairman, Member of the Board of Members

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

a) Shall not be a civil servant, public official, or state employee;

In case a civil servant, public official, or state employee is appointed to hold a management position, they must have a decision on job transfer or work adjustment (for civil servants and public officials) or must terminate their employment contract (for state employees);

b) Shall not concurrently hold the position of General Director, Director at their own corporation or other enterprises.

c) Shall not concurrently hold management and operational positions at holding companies or member companies.

2. The person appointed to hold the position of Member of the Board of Members

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

b) May concurrently hold the position of General Director, Director of their own holding company or corporation.

Article 9. Provisions on joint positions for the position of General Director, Deputy General Director, Director, Deputy Director

1. The person appointed to hold the position of General Director, Deputy General Director, Director, Deputy Director shall not be a civil servant, public official, or state employee.

In case a civil servant, public official, or state employee is appointed to hold a management position, they must have a decision on job transfer or work adjustment (for civil servants and public officials) or must terminate their employment contract (for state employees).

2. Shall not concurrently hold the position of General Director of another enterprise.

Chapter IV
EVALUATION AND TRAINING OF BUSINESS MANAGEMENT PERSONNEL

Article 10. Basis for evaluation

The basis for evaluation includes:

1. Charter of the holding company, corporation, or company.

2. Rights and responsibilities of the Board of Members, Company Chairman as prescribed by law.

3. Annual work plan approved by the competent authority.

Article 11. Time of evaluation

Evaluation of business management personnel is conducted annually immediately after the enterprise publicly reports its annual financial statements as prescribed and before implementing the process of planning, appointment, reappointment, resignation, dismissal, reward, and discipline for business management personnel.

Article 12. Authority to evaluate and responsibility of the evaluator

1. Authority to evaluate

a) The Minister of the relevant ministry, the Chairman of the People's Committee of the province evaluates the Chairman of the Board of Members, Company Chairman, Member of the Board of Members, Professional Inspector;

b) The Board of Members, Company Chairman evaluates the General Director, Director;

c) The General Director, Director evaluates other business management personnel according to delegated authority.

2. Responsibility of the evaluator

The person granted the authority to evaluate business management personnel is responsible for their evaluation decisions.

Article 13. Content of evaluation

1. Results of performing tasks according to the annual or term program approved by the competent authority, including:

a) Results of achieving assigned goals and tasks;

b) Results and efficiency of production and business operations of the holding company, corporation, or company.

2. Results of supervising and evaluating the effectiveness of activities of authorized agencies for the holding company, corporation, or company as prescribed by law.

3. Implementation of the Charter of the holding company, corporation, or company.

4. Compliance with Party policies and State laws; anti-corruption laws; thrift and anti-waste practices; internal regulations and rules of the holding company, corporation, or company.

5. Political quality, ethics, lifestyle, working style, and conduct.

6. Leadership, management, operational, and organizational capabilities.

7. Participation in activities organized by the owner, holding company, corporation, or company.

Article 14. Classification of Evaluation

The business manager shall be evaluated annually and classified into three levels: outstandingly completing tasks, completing tasks, and not completing tasks.

Article 15. Criteria for Outstanding Task Completion Evaluation

The business manager shall be evaluated as outstandingly completing tasks when meeting all of the following criteria:

1. The enterprise completes more than 90% of assigned tasks according to the annual work program and plan, except in cases of force majeure or due to objective reasons.

2. Always sets a good example, strictly adheres to the Party's policies and state laws; anti-corruption laws; thrift and waste prevention practices; regulations, internal rules, and charters of the corporation, holding company, or company.

3. Possesses good political qualities and morals; leads a healthy lifestyle; follows standard working procedures.

4. Leads, manages, directs, and oversees subordinate units or areas under their responsibility to outstandingly complete assigned tasks.

5. Participates in at least one social activity organized by the owner, corporation, holding company, or company.

Article 16. Criteria for Task Completion Evaluation

The business manager shall be evaluated as completing tasks when meeting all of the following criteria:

1. The criteria stipulated in Clause 2, 3, and 5 of Article 15 of this Decree.

2. The enterprise completes from 70% to 90% of assigned tasks according to the annual work program and plan, except in cases of force majeure or due to objective reasons.

3. Leads, manages, directs, and oversees subordinate units or areas under their responsibility to complete assigned tasks.

Article 17. Criteria for Non-Task Completion Evaluation

The business manager shall be evaluated as not completing tasks when violating any of the following criteria:

1. The enterprise completes less than 70% of assigned tasks according to the annual work program and plan.

2. Leads, manages, directs, and oversees one of the subordinate units or areas under their responsibility without completing assigned tasks.

3. Does not implement or violates the Party's policies and state laws; anti-corruption laws; thrift and waste prevention practices, and is subject to disciplinary action by the competent authority as prescribed.

4. Violates the regulations, internal rules, and charters of the corporation, holding company, or company.

5. Causes a breakdown in unity within the corporation, holding company, company, or subordinate units under their responsibility.

Article 18. Procedure and Formalities for Evaluation

1. The business manager writes a self-assessment report based on the evaluation content and criteria, and self-rates their level of task completion according to Articles 13, 14, 15, 16, and 17 of this Decree; presents it at a meeting of the Board of Members for the Board of Members to provide opinions or submit it to the Chairman of the Company.

2. The Board of Members and the Chairman of the Company seek written evaluations from the same-level Party Committee for each business manager.

3. The Board of Members convenes to inform the opinions of the Party Committee, discuss, and reach a consensus on evaluating and classifying business managers into the following levels: outstandingly completing tasks, completing tasks, and not completing tasks.

4. The Chairman of the Company considers the opinions of the Party Committee and decides on the evaluation and classification of business managers into the following levels: outstandingly completing tasks, completing tasks, and not completing tasks.

5. Minutes of the opinions of the Board of Members' members and the same-level Party Committee regarding the business manager who is the Chairman of the Board of Members, Chairman of the Company, and Board of Members' member are sent to the Ministry managing the industry and the provincial People's Committee for review and evaluation.

6. For Supervisors, the self-assessment report is submitted to the Minister of the Ministry managing the industry or the Chairman of the provincial People's Committee for review and decision.

7. The evaluation and classification results are recorded in the file and notified to the business manager.

Article 19. Knowledge Enhancement

1. Knowledge enhancement for business managers must be based on the position, job title standards of the business manager and the human resource development planning and plan of the group, corporation, company.

2. The results of learning and knowledge enhancement of business managers shall be recognized as assigned tasks and considered when evaluating annual task performance.

3. Business managers participating in knowledge enhancement shall receive full salary during that period; the time spent on knowledge enhancement shall be counted towards continuous work time, salary increment review periods, and other benefits as prescribed by law.

4. If a business manager who has been assigned to participate in knowledge enhancement funded by the state budget or enterprise funds leaves school or work without permission or does not serve the agreed-upon period after completing the course, they must compensate for the knowledge enhancement costs according to the law.

5. The Ministry of Home Affairs shall stipulate the content, duration, and form of knowledge enhancement for business managers according to each job title.

Chapter V
PLANNING

Article 20. Principles of Implementation of Planning

1. Personnel to be considered for inclusion in the planning

a) Must meet the general standards set by the Party and State and basically meet the specific standards of each management position established by the competent authority;

b) Must be based on the requirements and tasks of the group, corporation, company;

c) Must be evaluated regarding political integrity, moral character, lifestyle, qualifications, practical capabilities, development trends, and prospects before being included in the planning.

2. For personnel currently holding management positions, only higher positions shall be planned, and they must be of age (in months) to work at least one term.

3. Planning work shall be carried out dynamically and openly.

Article 21. Preparatory Steps Before Implementing the Planning Process

At the beginning of each five-year phase starting from 2016, the Board of Members and the Company Chairman must prepare to build the planning, including the following contents:

1. Directing and guiding subordinate organizations to complete the planning for positions under their management level as a basis for selecting planning sources at their own direct management level;

2. Evaluating business managers and employees.

Article 22. Planning Implementation Process

1. Introducing the list of personnel proposed for inclusion in the planning source

a) The organizational cadre advisory agency builds plans and proposes a list of personnel, including information such as name; date of birth; place of origin; date of joining the Party; professional qualifications; theoretical political education level; foreign language proficiency; current position, rank, or profession; current working unit; ratio of nomination votes for management positions at lower levels;

b) The organizational cadre advisory agency reports to the Board of Members and the Company Chairman;

c) The Board of Members convenes to introduce additional personnel; the Board of Members and the Company Chairman decide on the list of personnel and seek written opinions from the same-level party committee;

d) The Board of Members convenes to announce the opinions of the party committee, discuss, vote secretly to decide on the list of proposed personnel to be introduced at the nomination meeting;

The Company Chairman seeks the opinion of the party committee, decides on the list of proposed personnel to be introduced at the nomination meeting.

2. Organizing the Nomination Meeting for Planning Sources

The meeting shall be held when at least two-thirds of those invited attend the meeting.

a) Participants in the meeting (excluding positions hired by the competent authority)

- For nominating management positions at the group level

+ At the group level: Chairman of the Board of Members, members of the Board of Members, Supervisor, General Director, Deputy General Director, Chief Accountant, heads and deputy heads of specialized departments, chief and deputy chief of office, standing committee of the group's party committee, secretary of the mother company's party committee, chairman of the trade union, secretary of the youth league.

+ At wholly-owned corporations of the group: Chairman of the Board of Members, Chairman of the Corporation, Supervisor, members of the Board of Members, General Director, Director, secretary of the party committee.

+ At corporations where the group holds more than 50% of the charter capital: representative of the group's capital, secretary of the party committee.

+ At corporations where the group holds 50% or less of the charter capital: representative of the group's capital group, secretary of the party committee.

+ At affiliated public institutions of the group: head, secretary of the party committee.

- For nominating management positions at corporations under the management of the Ministry or provincial People's Committee

+ At corporations: Chairman of the Board of Members, members of the Board of Members, Supervisor, General Director, Deputy General Director, Chief Accountant, heads and deputy heads of specialized departments, chief and deputy chief of office, standing committee of the party committee, chairman of the trade union, secretary of the youth league.

+ At wholly-owned corporations of the corporation: Chairman, Supervisor, Director, secretary of the party committee.

+ At corporations where the corporation holds more than 50% of the charter capital: representative of the corporation's capital, secretary of the party committee.

+ At corporations where the corporation holds 50% or less of the charter capital: representative of the corporation's capital group, secretary of the party committee.

+ At affiliated public institutions of the corporation: head, secretary of the party committee.

- For nominating management positions at corporations under the management of the Ministry or provincial People's Committee: Chairman of the Board of Members or Chairman of the Corporation, members of the Board of Members, Supervisor, Director, Deputy Director, Chief Accountant, heads and deputy heads of specialized departments, chief and deputy chief of office, standing committee of the party committee, chairman of the trade union, secretary of the youth league, representative of the corporation's capital in organizations or units where the corporation holds more than 50% of the charter capital, representative of the corporation's capital group in organizations or units where the corporation holds 50% or less of the charter capital.

b) Contents of the meeting

- The Chairman of the Board of Members, the Company Chairman主持会议，传达目的、要求、标准、条件和每个职位的人员规划结构。

- The organizational cadre advisory agency introduces the plan and list of personnel as stipulated in Point d Clause 1 Article 22 of this Decree.

- Meeting attendees may introduce additional planning sources outside the prepared list but must provide a brief resume, comments, and evaluations prepared by both the person being introduced and the introducer.

- The meeting discusses and provides opinions.

- An anonymous voting process is organized. Only those directly attending the meeting may vote, including the following steps: the ballot counting committee distributes ballots and guides on how to fill out the ballots (ballots prepared by the organizational cadre advisory agency according to the prescribed model); filling out and casting ballots; the ballot counting committee checks the number of collected ballots and announces at the meeting: the number of distributed ballots and the number of collected ballots; the ballot counting committee proceeds with counting the ballots and prepares a record of the ballot count.

- The organizational cadre advisory agency compiles the introduction ballots, reviews the conditions and standards for each person proposed for planning for each position.

3. Based on the results of compiling the introduction ballots at the meeting, the organizational cadre advisory agency reports to the Board of Members, the Company Chairman the list of individuals introduced at the meeting. The Board of Members, the Company Chairman seek written opinions from the same-level Party Committee. In cases where the local Party Committee is the superior of the Group Corporation, General Company Party Committee, the written opinion of the local Party Committee shall be sought.

4. Consideration and Decision on Planning

a) The Board of Members convenes to announce the opinions of the Party Committee, discuss, and vote secretly to decide on the individuals planned for each management position and must ensure that for each position, there must be a planning of two to four people, not just one person for one position; not planning one person for more than three positions; age structure in planning, with a five-year gap between each age group, specifically: under 40 years old, not less than 15%; from 40 to 50 years old, approximately 55% to 65%; over 50 years old, approximately 20% to 30%. The authority with jurisdiction only approves the planning when these requirements are met;

Individuals who are approved by more than 50% of the total number of attendees at the meeting are decided upon or submitted to the authority with jurisdiction for consideration and decision to include in the planning.

b) The organizational cadre advisory agency reports to the Company Chairman the results of compiling the introduction opinions at the meeting and the opinions of the same-level Party Committee; the Company Chairman seeks the opinions of the Party Committee, decides or submits to the authority with jurisdiction for consideration and decision to include in the planning.

Article 23. Reporting on Planning

1. The Board of Members, the Company Chairman are responsible for reporting to the authority with jurisdiction the list and personnel files proposing planning for their own management positions for approval.

2. The Minister of the Industry Management Department is responsible for reporting to the Prime Minister the list and personnel files proposing planning for management positions as stipulated in Article 4 of this Decree for approval, while sending to the Ministry of Home Affairs for review.

3. Every June, the Ministry of Home Affairs compiles a general report on the planning work of the Group Corporations, General Companies under its industry management to report to the Prime Minister.

Article 24. Periodic construction and review to supplement and adjust planning

1. In each five-year period, planning shall be constructed only once. At the beginning of the second year of the period, planning for the subsequent period shall be constructed.

2. Every April, the Board of Members and the Chairman of the company shall conduct a review of the planning to consider supplementing new factors into the planning and removing from the planning those individuals who no longer meet the standards and conditions of the planned position.

3. Procedure for supplementing new personnel into the planning

a) Based on the approved planning plan by the competent authority; based on the requirements and tasks of the corporation, holding company, or company; based on the annual evaluation results of business managers and employees, the organizational cadre advisory agency introduces a list of proposed personnel to supplement the planning, including information such as name; date of birth; place of origin; date of joining the Party; professional qualifications; political theory level; foreign language proficiency; position, civil service grade or vocational title; current working agency or unit;

b) The organizational cadre advisory agency reports to the Board of Members and the Chairman of the company the list of proposed personnel to supplement;

c) The Board of Members convenes to introduce additional personnel; the Board of Members and the Chairman of the company decide on the list of personnel to supplement the planning and seek written opinions from the same-level party committee. In cases where the local party committee is the superior of the corporation, holding company, or company's party committee, written opinions from the local party committee are sought;

d) The Board of Members convenes to announce the opinions of the party committee, discuss, vote secretly to decide on new personnel to supplement the planning for each management position. Those who receive more than 50% approval from the total number of attending members are decided upon or submitted to the competent authority for consideration to supplement the planning;

The Chairman of the company seeks the opinion of the party committee, decides or submits to the competent authority for consideration to supplement the planning.

4. Procedure for removing from the planning those who no longer meet the standards and conditions of the planned position

a) Based on the approved planning plan of the corporation, holding company, or company by the competent authority; based on the requirements and tasks of the corporation, holding company, or company; based on the annual evaluation results of business managers and employees, the organizational cadre advisory agency reviews the list of personnel already included in the planning, lists those who no longer meet the standards and conditions of the planned position, and reports to the Board of Members and the Chairman of the company;

b) The Board of Members convenes to discuss, vote secretly, decide or submit to the competent authority to remove from the planning those who receive more than 50% approval from the total number of attending members;

The Chairman of the company decides or submits to the competent authority to remove from the planning.

Article 25. Planning dossier

1. Petition of the Ministry managing the industry, People's Committee of the province.

2. Petition of the Board of Members, Chairman of the company.

3. List of personnel included in the planning with confirmation from the competent authority managing business managers and employees.

4. Comments of the Board of Members, Chairman of the company.

5. Comments of the party committee.

Chapter VI
APPOINTMENT AND REAPPOINTMENT OF BUSINESS MANAGERS

Section 1

TERM OF OFFICE, CONDITIONS FOR APPOINTMENT

Article 26. Term of Office

1. The term of office for a business enterprise manager is five years;

For Supervisors, the term of office is three years.

2. In cases where a business enterprise manager is transferred or appointed to a new equivalent position, the term of office shall be calculated from the date the decision on the transfer or appointment takes effect.

3. In cases where the managerial title changes due to a change in the name of the business enterprise, the term of office shall be calculated from the date of the decision appointing the old managerial title (the former name of the business enterprise).

Article 27. Conditions for Appointment

1. Meeting the general standards set by the Party and State and the standards for the managerial position established by the competent authority.

2. Being included in the planning for the managerial position for internal human resources or being included in an equivalent position for external human resources.

3. Having complete personal files that have been reviewed, verified, and confirmed by the competent authority.

4. Within the age limit for appointment

a) Must be of sufficient age (calculated in months) to serve at least one term of the managerial position as of the date the competent authority signs the approval for the appointment proposal;

b) In cases where a business enterprise manager is assigned a new equivalent or lower position due to work requirements, the age requirement for appointment as stipulated in Point a of this Clause shall not apply;

c) In cases where a business enterprise manager is evaluated as failing to fulfill their duties or is disciplined with a reprimand or demotion in pay grade or is relieved of duty or resigns due to disciplinary violations or law-breaking, if they are considered for reappointment to a managerial position within one year from the date of the evaluation as failing to fulfill duties or from the effective date of the disciplinary decision, resignation, or relief of duty (including disciplinary actions for previous violations that were only discovered and decided upon recently), the age requirement for appointment shall be implemented according to the provisions of Point a of this Clause.

5. Having adequate health to perform assigned tasks, certified by a competent health authority. The certification date must not exceed six months from the date of submission of the application file to the organizational cadre advisory agency.

6. Not falling under the categories prohibited from assuming positions as prescribed by law.

7. Not currently serving a disciplinary sanction of reprimand or higher.

8. Not currently under investigation, prosecution, or trial for disciplinary or criminal offenses.

9. If the proposed appointee is undergoing inspection or audit by a competent authority, the appointing authority must consult with the head of the inspection or audit team before making the appointment.

10. In addition to the conditions specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of this Article, the appointment of Supervisors and Chief Accountants must also comply with relevant legal regulations.

Section 2

APPOINTMENT PROCEDURE

Article 28. Proposal of Policy

1. After exchanging and reaching consensus among Board Members regarding the need to appoint each managerial position, the Board decides or submits to the competent authority for approval of the policy, number, and planned assignment of tasks based on the principle: the level with the authority to decide on appointments approves the policy.

Similarly, the Company Chairman follows the principle stipulated in this Clause.

For Supervisors, the organizational cadre advisory agency proposes in writing to the industry management agency or provincial People's Committee regarding the policy.

2. Within thirty days from the date the competent authority signs the approval of the policy, the Board of Directors and the Company Chairman must organize a meeting to collect trust votes.

Article 29. Procedures and formalities for implementing the appointment from local human resources

1. Based on the planned human resources, the Board of Members, the Chairman of the company shall direct the organizational and personnel advisory agency to propose in writing the human resource plan and report to the Board of Members and the Chairman of the company.

2. The Board of Members convenes a meeting, may introduce additional candidates and discuss; the Board of Members and the Chairman of the company decide on the list of candidates to be put forward for trust votes, comments, and evaluations. When appointing one position, generally two or more candidates are introduced for selection.

3. Organize a conference to collect trust votes. The conference shall be held when at least two-thirds of those summoned participate in the conference.

a) Participants in the meeting (excluding positions hired by the competent authority)

- For collecting trust votes to appoint management positions within the group

+ At the group level: Chairman of the Board of Members, members of the Board of Members, Supervisor, General Director, Deputy General Director, Chief Accountant, heads and deputy heads of specialized departments, chief and deputy chief of office, standing committee of the group's party committee, secretary of the mother company's party committee, chairman of the trade union, secretary of the youth league.

+ At the general corporation, company with 100% capital of the group: Chairman of the Board of Members, Chairman of the company, members of the Board of Members, General Inspector responsible for the entire group, General Director, Director.

+ At the general corporation, company where the group holds over 50% of the charter capital: representative of the group's share.

+ At the general corporation, company where the group holds 50% or less of the charter capital: representative of the group's share representatives.

+ At the affiliated public service unit of the group: head of the unit.

- For collecting trust votes to appoint management positions within the general corporation under the Ministry's industry management, provincial People's Committee

+ At corporations: Chairman of the Board of Members, members of the Board of Members, Supervisor, General Director, Deputy General Director, Chief Accountant, heads and deputy heads of specialized departments, chief and deputy chief of office, standing committee of the party committee, chairman of the trade union, secretary of the youth league.

+ At the company with 100% capital of the general corporation: Chairman of the company, General Inspector responsible for the entire corporation, Director.

+ At the company where the general corporation holds over 50% of the charter capital: representative of the general corporation's share.

+ At the company where the general corporation holds 50% or less of the charter capital: representative of the group of representatives of the general corporation's share.

+ At the affiliated public service unit of the general corporation: head of the unit.

- For collecting trust votes to appoint management positions within the company under the Ministry's industry management, provincial People's Committee: Chairman of the Board of Members or Chairman of the company, members of the Board of Members, Inspector, Director, Deputy Director, Chief Accountant, heads and deputy heads of specialized departments, chief of office and deputy chief of office, standing committee of the party committee, chairman of the trade union, secretary of the youth league, representative of the group of representatives of the company's share in organizations and units where the company holds over 50% of the charter capital.

b) The conference is chaired by the Chairman of the Board of Members, the Chairman of the company, or a person appointed by the competent authority. The procedures for implementing the contents of the conference are as follows:

- Exchange and discuss the need for appointment, criteria, and conditions for the position to be appointed;

- The Board of Members, the Chairman of the company introduce the list of candidates; summarize their resumes; comment and evaluate their performance and effectiveness in fulfilling tasks and future prospects; propose job assignments for the candidates;

- The conference introduces additional candidates. Additional candidates must be within the planned pool for the position to be appointed; they must have a resume summary, comments, and evaluations prepared by the candidate and the introducer for the conference to review and provide opinions;

- Each individual in the list of candidates and additional candidates (in alphabetical order A, B, C...) presents their action program if appointed by the competent authority for the conference to question and provide opinions;

- The conference discusses and makes statements;

- Conduct a secret ballot to collect trust votes, only those directly attending the conference can vote, including the following steps: the counting board distributes ballots and guides how to fill out the ballot (ballots are prepared by the organizational and personnel advisory agency according to the prescribed model); fill out and cast ballots; the counting board counts the number of returned ballots and announces at the conference: the number of ballots distributed and the number of ballots returned; the counting board proceeds to count the ballots and record the ballot count;

- The organizational and personnel advisory agency compiles the trust votes.

c) In necessary cases, a second round of trust votes may be organized, agreed upon by the Board of Members, the Chairman of the company, and the same-level party committee, and proposed to the competent authority for consideration and decision.

d) The results of the trust votes are important references, one of many bases for considering appointments.

4. The Board of Members convenes a meeting to analyze the compiled trust votes, consider, select the candidates for appointment, and seek in writing the opinion of the same-level party committee on the trust vote results. If the local party committee is the superior of the group, general corporation, or company party committee, then the opinion of the local party committee is sought.

5. The Board of Members convenes a meeting to consider and conclude new issues (if any), announce the opinions of the party committee, discuss, and vote by secret ballot. Candidates for appointment must be approved by more than 50% of the total number of members present at the meeting.

If the result of the Board of Members' vote for a candidate for one position is only 50% approval of the total number of members present, the candidate will be selected based on the opinion of the Chairman of the Board of Members.

6. The Chairman of the Board of Members issues a decision to appoint or submit to the competent authority for consideration and appointment.

7. The Chairman of the company considers and concludes new issues (if any), seeks the opinion of the party committee, decides to appoint or submit to the competent authority for consideration and appointment.

Article 30. Procedures for appointing personnel from other sources

1. The Board of Members, the Chairman of the company, or the advisory body on organizational cadres shall base on needs and planning proposals to recommend and introduce personnel for appointment.

Personnel recommended for appointment from other sources must be planned for a position equivalent to the proposed appointment position.

2. The Board of Members shall convene to discuss and agree on the policy. The Board of Members and the Chairman of the company shall carry out the following tasks:

a) Appoint representatives of the Board of Members and the Chairman of the company to work with the Party committee and the head of the agency or unit where the personnel are currently working regarding the policy of transferring and appointing;

b) Exchange information about the curriculum vitae, comments, and assessment of performance and effectiveness in performing tasks; obtain comments from the Party committee where the personnel reside; meet with the personnel recommended for appointment to exchange views on job requirements;

c) Obtain opinions in writing from the same-level Party committee regarding the recommended personnel. In cases where the local Party committee is above the group, general company, or company Party committee, obtain opinions in writing from the local Party committee.

3. The Board of Members shall convene to announce the opinions of the Party committee, discuss, and vote secretly. Recommended personnel must be approved by more than 50% of the total number of Board of Members members present.

If the result of the Board of Members' voting on the recommended personnel is only 50% approval, then the personnel will be selected based on the opinion of the Chairman of the Board of Members.

4. The Board of Members decides to accept and appoint or prepare a report requesting the competent authority to consider and decide to accept and appoint;

The Chairman of the company shall consult with the Party committee and decide to accept and appoint or prepare a report requesting the competent authority to consider and decide.

5. For cases where the competent authority proposes to transfer and appoint

a) The competent authority proposing to transfer and appoint shall exchange and unify opinions with the leadership of the agency or unit managing and using the personnel and exchange and unify opinions with the Board of Members and the Chairman of the company receiving the personnel for work;

b) The Board of Members and the Chairman of the company shall obtain opinions in writing from the same-level Party committee. In cases where the local Party committee is above the group, general company, or company Party committee, obtain opinions in writing from the local Party committee;

c) The Board of Members shall convene to announce the opinions of the Party committee, discuss, vote, and make a decision to accept and appoint or prepare a report requesting the competent authority to consider and decide;

The Chairman of the company shall consult with the Party committee and decide to accept and appoint or prepare a report requesting the competent authority to consider and decide.

Article 31. Procedures for implementing appointments of management positions within the Prime Minister's decision-making authority

1. The Board of Members shall convene to agree on the need for appointing management positions and submit to the Ministry in charge of the sector.

2. The Ministry in charge of the sector shall submit to the Prime Minister for approval on the policy, quantity, and proposed assignment of work for the personnel proposed for appointment, while sending a report to the Ministry of Home Affairs.

3. The Ministry of Home Affairs shall review.

4. After obtaining the Prime Minister's agreement on the policy, the Board of Members shall propose personnel according to the following steps:

a) For in-house personnel sources

- The organizational cadre advisory body shall propose specific personnel plans within the planning framework to report to the Board of Members.

- The Board of Members shall convene to discuss and decide on the list of personnel to be put forward for confidence votes. Generally, when appointing one position, at least two candidates should be introduced for selection.

- Organize a meeting to conduct confidence votes as stipulated in Clause 3, Article 29 of this Decree.

- The Board of Members shall obtain opinions in writing from the same-level Party committee regarding the recommended personnel. In cases where the local Party committee is above the group, general company, or company Party committee, obtain opinions in writing from the local Party committee.

- The Board of Members shall convene to examine and conclude any new issues (if any), announce the opinions of the Party committee, discuss, and vote secretly. Recommended personnel must be approved by more than 50% of the total number of members present.

If the result of the Board of Members' voting on the recommended personnel is only 50% approval, then the personnel will be selected based on the opinion of the Chairman of the Board of Members.

- The Board of Members shall submit to the Ministry in charge of the sector.

- The Ministry in charge of the sector shall submit to the Prime Minister, simultaneously sending a report and appointment file to the Ministry of Home Affairs and related agencies.

- The Ministry of Home Affairs shall review.

- The Prime Minister shall consider and decide.

b) For personnel from other sources

- The Board of Members shall propose personnel.

- The Board of Members shall convene to discuss and agree on the policy.

- The Board of Members shall carry out the following tasks: appoint representatives of the Board of Members to work with the Party committee and the head of the agency or unit where the personnel are currently working regarding the policy of transferring and appointing; exchange information about the curriculum vitae, comments, and assessment, results, and effectiveness in performing tasks; obtain comments from the Party committee where the personnel reside; meet with the personnel recommended for appointment to exchange views on job requirements.

- Obtain opinions in writing from the same-level Party committee regarding the recommended personnel. In cases where the local Party committee is above the group, general company, or company Party committee, obtain opinions in writing from the local Party committee.

- The Board of Members shall convene to announce the opinions of the Party committee, discuss, and vote secretly. Recommended personnel must be approved by more than 50% of the total number of members present.

If the result of the Board of Members' voting on the recommended personnel is only 50% approval, then the personnel will be selected based on the opinion of the Chairman of the Board of Members.

- The Board of Members shall submit to the Ministry in charge of the sector.

- The Ministry in charge of the sector shall submit to the Prime Minister, simultaneously sending a report and appointment file to the Ministry of Home Affairs and related agencies.

- The Ministry of Home Affairs shall review.

- The Prime Minister shall consider and decide.

c) For cases where the competent authority proposes to transfer and appoint, the Board of Members shall convene to discuss and exchange unified opinions; the Board of Members shall submit to the Ministry in charge of the sector; the Ministry in charge of the sector shall submit to the Prime Minister, simultaneously sending the Ministry of Home Affairs for review; the Prime Minister shall consider and decide.

Article 32. Procedures and formalities for appointing management positions when establishing a new enterprise or through mergers or organizational model conversions

1. In cases where an enterprise is newly established or formed through mergers or organizational model conversions, the appointment of management positions in the new organization shall be decided by the competent authority in accordance with the provisions of Articles 4, 5, 6, and 7 of this Decree.

2. For personnel within the decision-making authority of the Prime Minister

a) The Board of Members shall submit to the Ministry managing the industry;

b) The Ministry managing the industry shall submit to the Prime Minister, simultaneously sending the proposal and appointment dossier to the Ministry of Home Affairs and relevant agencies;

c) The Ministry of Home Affairs shall review;

d) The Prime Minister shall consider and decide.

Article 33. Announcing and delivering the appointment decision

1. The advisory agency on organizational and cadre matters of the competent authority making the appointment shall announce the appointment decision.

2. The Minister of Home Affairs shall announce the appointment decision for business managers within the decision-making authority of the Prime Minister.

Article 34. Appointment Dossier

1. Proposal letter and consent document from the competent authority regarding the appointment policy.

2. Proposal letter for appointment from the Board of Members, Company Chairman.

3. Proposal letter for appointment from the Ministry managing the industry submitted to the Prime Minister.

4. Curriculum vitae (in accordance with Model 2C-BNV/2008 issued together with Decision No. 02/2008/QĐ-BNV dated October 6, 2008 of the Minister of Home Affairs, the date of filling out the CV must not exceed six months from the time it is submitted to the competent authority) confirmed by the competent authority.

5. Self-assessment report.

6. Assessment of the same-level Party Committee.

7. Assessment of the Board of Members, Company Chairman.

8. Action plan if appointed by the competent authority.

9. Conclusions of inspections, audits, complaints, and related documents (if any).

10. Health certificate confirming fitness for assigned tasks issued by a competent health authority (the health check date must not exceed six months from the submission of the application dossier to the advisory agency on organizational and cadre matters).

11. Copies of diplomas and certificates regarding educational qualifications and professional training.

12. Declaration of assets (as prescribed).

13. Assessment of the Party Committee or local authority where the personnel reside regarding compliance with laws by the personnel and their family at the place of residence.

Section 3

REAPPOINTMENT

Article 35. Term and Time of Reappointment

1. When the term of office of a business manager expires according to regulations, they must go through the process of reappointment or non-reappointment.

The Chairman of the Board of Members, the Company Chairman, Board of Members members, and Supervisors may be reappointed but not more than two terms at a holding company, corporation, or company.

2. If a business manager's term of office expires but they have between two and less than five years until retirement age for a five-year term; between eighteen months and less than three years for a three-year term, if reappointed, the term of reappointment will be calculated up to the retirement age as stipulated.

3. At least three months before the expiration of the term of office of a business manager, the competent authority must initiate the process of reappointment.

4. If a business manager's term of office expires without a reappointment decision, the business manager shall not make or sign any documents within their managerial responsibilities, duties, and authorities. The organizations and individuals with the authority to decide on reappointment shall bear responsibility in such cases.

5. If a business manager's term of office expires while the holding company, corporation, or company where the business manager works is under audit, inspection, or during the execution of disciplinary decisions, the reappointment process shall not be carried out, and the provisions of Clause 4 of this Article shall not apply.

Article 36. Conditions for Enterprise Managers to be Considered for Reappointment

1. The enterprise has a need.

2. The enterprise manager must:

a) Complete the assigned tasks during the term of office;

b) Meet the general standards set by the Party and State, as well as specific standards for each managerial position at the time of reappointment consideration;

c) Be in good health to fulfill the assigned tasks;

d) Not fall under any circumstances prohibited from holding office as stipulated by law.

3. For the reappointment of Supervisors and Chief Accountants, in addition to the provisions of Clause 1 and Clause 2 of this Article, other relevant legal regulations must also be followed.

Article 37. Procedure for Reappointment

1. At least three months before the expiration date of the term of office of the enterprise manager, the organizational cadre advisory body shall notify in writing the enterprise manager about the approaching deadline for reappointment review.

2. The enterprise manager shall prepare a self-assessment report on their performance results, strengths, weaknesses, remaining issues, and limitations during the term of office, and submit it to the Board of Members, the Company Chairman, or the competent authority, while simultaneously sending it to the organizational cadre advisory body.

3. The Board of Members shall convene to review and decide on the reappointment process or extend the term of management until the retirement age, or refer the matter to the competent authority for decision.

4. After obtaining approval from the competent authority, the Board of Members and the Company Chairman shall be responsible for:

a) Organizing a meeting to take confidence votes on the proposed reappointed personnel; the meeting shall be held when at least two-thirds of those invited participate.

The attendees at the meeting shall be the same as those at the initial appointment meeting.

Content of the meeting: the proposed reappointed personnel read their self-assessment reports, action plan implementation reports, discuss and provide opinions; secret ballot confidence votes are taken, only those directly attending the meeting may vote; the organizational cadre advisory body compiles the confidence vote results and reports them to the Board of Members and the Company Chairman;

b) Solicit written opinions from the same-level party committee regarding the proposed reappointed personnel. In cases where the local party committee is above the group company, total company, or company party committee, written opinions from the local party committee shall be sought;

c) The Board of Members convenes to review and conclude on any new issues (if any); report the party committee's opinions, discuss, and vote by secret ballot. The proposed reappointed personnel must be approved by more than half of the attendees;

The Company Chairman shall consult with the party committee, decide on reappointment, or refer the matter to the competent authority for decision.

5. The reappointment decision for enterprise managers must be issued and announced at least one working day before the expiration date of the current appointment.

6. For the reappointment of enterprise managers holding positions within the Prime Minister's decision-making authority

a) Follow the provisions of Clauses 1, 2, 3, 4, and 5 of this Article.

b) The Board of Members refers to the Ministry managing the sector; the Ministry managing the sector refers to the Prime Minister, while simultaneously sending the Ministry of Home Affairs for review; the Prime Minister reviews and decides.

7. Enterprise managers who are not reappointed shall be considered and arranged for appropriate work commensurate with their professional qualifications and the needs of the enterprise, or resolved according to legal regulations; they shall not be appointed to other leadership or management positions.

8. The announcement and presentation of the reappointment decision shall be carried out in accordance with Article 33 of this Decree.

Article 38. Cases where the reappointment procedure is not implemented

1. The enterprise manager, upon expiration of the term of office but with less than two years until the retirement age for a five-year term; or less than eighteen months for a three-year term, shall not undergo the reappointment procedure but may be considered for extension of the management position term or non-retention of the management position.

2. The extension of the management position term or non-retention of the management position shall be carried out as follows:

a) The organizational cadre advisory body shall compile and submit to the Board of Members, the Chairman of the company for consideration and decision on extending the term of the management position or non-retention of the management position until the retirement age.

b) The Board of Members, the Chairman of the company shall seek written opinions from the same-level party committee regarding personnel proposed for extension of the management position term or non-retention of the management position. In cases where the local party committee is superior to the group, corporation, or company's party committee, the opinion of the local party committee shall be sought.

c) The Board of Members shall convene a meeting to announce the opinions of the party committee, discuss, and vote secretly. The extension of the management position term or non-retention of the management position must be approved by more than 50% of the members present. The Board of Members shall decide or submit to the competent authority for consideration and decision on extending the term of the management position or non-retention of the management position.

The Chairman of the company shall consult the party committee, decide or submit to the competent authority for consideration and decision on extending the term of the management position or non-retention of the management position.

Article 39. Reappointment Documents

1. Proposal report and consent document of the competent authority regarding the reappointment policy.

2. Reappointment proposal report of the industry management department submitted to the Prime Minister.

3. Supplemental brief resume, diplomas, certificates, asset declaration if there are changes.

4. Annual self-assessment and evaluation report of the enterprise manager.

5. Term evaluation report of the competent authority regarding the enterprise manager.

6. Action program if reappointed by the competent authority.

7. Opinion of the party committee or grassroots administration where the personnel reside regarding compliance with laws by the personnel and their family at the place of residence.

Chapter VII
RESIGNATION, REMOVAL, RELOCATION, AND ROTATION OF ENTERPRISE MANAGERS

Section 1

RESIGNATION AND REMOVAL FROM OFFICE

Article 40. Resignation

1. The enterprise manager may resign in any of the following cases:

a) No longer having sufficient credibility to perform assigned duties and responsibilities;

b) Due to recognizing deficiencies or violations of the group, corporation, or company or those of subordinates related to their responsibility;

c) Having personal reasons to request resignation.

2. The enterprise manager shall not resign in any of the following cases:

a) Currently undertaking national defense and security tasks; important and confidential tasks that have not been completed, requiring continued performance, and whose resignation would seriously affect the assigned tasks;

b) Currently undergoing inspection, audit, investigation by inspection, audit, and law enforcement agencies or being considered for disciplinary action by the party or government.

3. Resignation review procedures

a) The enterprise manager requesting resignation must submit a written application detailing the reasons and wishes to the Board of Members, the Chairman of the company, or the competent authority for consideration and decision;

b) The organizational cadre advisory body shall propose opinions for each specific case to be submitted to the Board of Members, the Chairman of the company;

c) The Board of Members, the Chairman of the company, and the same-level party committee shall convene a meeting to exchange and reach consensus;

d) The Board of Members, the Chairman of the company shall decide or submit to the competent authority for consideration and decision;

e) Within sixty days from the date of receipt of the resignation application of the enterprise manager, the Board of Members, the Chairman of the company shall decide or submit to the competent authority for consideration and decision;

f) Within sixty days from the date of the resignation approval decision, the Board of Members, the Chairman of the company must consider and decide or submit to the competent authority to decide on replacement personnel;

g) The enterprise manager who has not yet been decided by the competent authority to resign must still perform the assigned duties and responsibilities.

Article 41. Removal from Office

1. The removal from office of a business manager shall be carried out in one of the following cases:

a) Not meeting the standards and conditions as prescribed by the competent authority;

b) Engaging in acts that violate the law, including:

- Violating the law and being disciplined with a reprimand or warning, requiring replacement for the assigned tasks;

- Being concluded in writing by the competent authority on acts violating the law without reaching the level of disciplinary dismissal.

c) Lacking the capacity, qualifications, and reputation to perform the assigned duties, including:

- Being evaluated and classified as not completing the assigned tasks for two consecutive years during the term of office;

- Being subject to disciplinary action twice within one term or two consecutive terms due to the assigned responsibilities and duties;

- Causing the organization or unit under their responsibility to lose unity, as concluded by the competent authority;

- Being concluded in writing by the authorized inspection or audit agency regarding violations of ethical conduct or prohibitions for party members in managerial positions.

d) Submitting a resignation letter and receiving approval in writing from the competent authority.

2. The removal from office of a business manager does not wait until the end of the appointed term or until retirement age as stipulated.

3. Procedures for considering removal from office

a) The Board of Members, Company Chairman directs the organizational cadre advisory agency to propose a removal plan;

b) The organizational cadre advisory agency meets directly with the personnel under consideration for removal to inform them and hear their opinions;

c) The Board of Members, Company Chairman, and the same-level Party Committee convene to discuss and agree on the removal of the business manager's position;

d) The Board of Members, the Chairman of the company shall decide or submit to the competent authority for consideration and decision;

d) Within sixty days from the date of the removal decision, the Board of Members, Company Chairman must consider and decide or submit to the competent authority for a decision on replacement personnel.

Article 42. Job Assignment

After resigning or being removed from office, a business manager will be considered and assigned a job commensurate with their professional qualifications, expertise, and the tasks of the agency or unit, or their benefits and policies will be resolved according to the law.

Section 2

RELOCATION AND ROTATION

Article 43. Objectives and Requirements

1. Relocation and rotation of business managers aim to effectively allocate and utilize business managers to meet the requirements and tasks of groups, corporations, and companies, and to train, test, and enhance the practical capabilities of business managers.

2. Requirements for relocation and rotation

a) Must be based on work needs, planning, and rotation plans, and ensure the conditions and standards of the position to be allocated;

b) Business managers who are rotated into elected positions must comply with the regulations of the Party and the law.

Article 44. Scope and Subjects

Relocation and rotation of business managers are implemented according to plans and forecasts within the group, corporation, company, and outside the group, corporation, and company.

Article 45. Procedure

1. Annually, the agency advising on organizational and personnel matters shall develop plans for reassignment and rotation.

2. The Board of Directors shall convene to discuss and reach consensus on the plan and specific personnel proposed for reassignment and rotation.

3. A representative of the Board of Directors and the Chairman of the company shall seek direct opinions and written feedback from the same-level Party Committee where the business manager is currently working and the Party Committee of the entity with authority to accept the business manager being reassigned or rotated.

4. The Board of Directors and the Chairman of the company shall directly discuss with the business manager regarding the implementation of the reassignment and rotation policy.

5. The Board of Directors and the Chairman of the company shall decide or submit to the competent authority for consideration and decision.

6. For business managers under the Prime Minister's authority to decide, the Board of Directors shall submit to the Ministry managing the sector; the Ministry managing the sector shall submit to the Prime Minister, while sending the proposal and dossier to the Ministry of Home Affairs and related agencies; the Ministry of Home Affairs shall review; the Prime Minister shall consider and decide.

Article 46. Duration of Reassignment and Rotation

1. Business managers reassigned or rotated must work at the new entity for at least two-thirds of their term.

2. If business managers reassigned or rotated hold elected positions, the rotation period must be at least one term and not exceed two consecutive terms for one position.

Article 47. Benefits and Policies for Reassigned and Rotated Business Managers

1. The entity receiving the reassigned or rotated business manager must prepare and create necessary conditions for the business manager to stabilize their living and working environment.

2. The reassigned or rotated business manager shall enjoy benefits and policies corresponding to the position and rank they assume according to the law. If the allowance, salary of the assumed position and rank is lower than that before reassignment or rotation, the allowance and salary before reassignment or rotation shall be maintained until the end of the reassignment or rotation period.

3. Upon the effective date of the reassignment or rotation decision, the reassigned or rotated business manager shall automatically cease holding the management position they were previously assuming.

Article 48. Evaluation of Reassigned and Rotated Business Managers

1. The competent authority where the business manager is reassigned or rotated to shall be responsible for evaluating the business manager annually as prescribed.

2. The competent authority that reassigns or rotates the business manager shall provide comments, evaluations, and arrange and organize the business manager after completing the reassignment or rotation.

Chapter VIII
REWARD AND DISCIPLINE FOR BUSINESS MANAGERS

Article 49. Reward

1. Business managers who achieve accomplishments or have a record of dedication shall be rewarded according to the law on commendation and reward.

2. Business managers as stipulated in Article 4 of this Decree, if nominated for awards such as Orders or Heroic Titles, the Ministry managing the sector shall submit to the Prime Minister, while sending the proposal and dossier to the Ministry of Home Affairs for review.

Article 50. Principles for Disciplinary Handling

1. Objectivity, fairness, strictness, and compliance with the law.

2. Each violation of the law shall be subject to only one form of disciplinary action. If a business manager commits multiple violations of the law, they will be considered and disciplined separately for each violation, and a more severe form of disciplinary action will be applied than that for the most serious violation, except where a violation has been disciplined with the form of being compelled to resign.

3. In cases where a business manager continues to commit violations of the law during the period of enforcement of a disciplinary decision, the following forms of disciplinary action shall be applied:

a) If the violation of the law is subject to a less severe or equal form of disciplinary action compared to the current disciplinary action being enforced, then a more severe form of disciplinary action shall be applied than the current disciplinary action;

b) If the violation of the law is subject to a more severe form of disciplinary action compared to the current disciplinary action being enforced, then a more severe form of disciplinary action shall be applied than the form of disciplinary action applied for the new violation of the law.

The disciplinary decision currently being enforced ceases to have effect from the date the disciplinary decision for the new violation of the law becomes effective.

4. The attitude of accepting, correcting, and taking proactive measures to rectify consequences of the business manager who violates the law is a factor to consider when increasing or reducing the severity of the form of disciplinary action.

5. The period during which a business manager is not subject to consideration for disciplinary action under the circumstances specified in Clause 1, Article 58 of this Decree shall not be counted towards the time limit for disciplinary action.

6. Administrative penalties shall not be applied instead of disciplinary actions.

7. Any acts infringing upon the physical body, reputation, and dignity of a business manager during the process of disciplinary handling are prohibited.

Article 51. Time Limit and Period for Disciplinary Action

1. Time Limit for Disciplinary Action

a) The time limit for disciplinary action is twenty-four months from the date the business manager commits a violation of the law until the competent authority issues a written notice regarding the consideration of disciplinary action;

b) Upon discovering a violation of the law by a business manager, the competent authority must issue a written notice regarding the consideration of disciplinary action. The notice must clearly state the date the business manager committed the violation of the law, the date the violation was discovered, and the period for disciplinary action.

2. Period for Disciplinary Action

a) The maximum period for disciplinary action is two months from the date the violation of the law by the business manager was discovered until the competent authority issues a disciplinary decision;

b) In cases involving multiple individuals, requiring examination of evidence or other complex circumstances, the competent authority may extend the period for disciplinary action according to Clause 2, Article 80 of the Civil Servants Law.

Article 52. Forms of Disciplinary Action

Forms of disciplinary action include: reprimand, warning, demotion in rank, removal from position, and compulsory resignation.

Article 53. Reprimand

The form of disciplinary action of reprimand shall be applied to a business manager who commits one of the following violations of the law:

1. First-time failure to perform assigned tasks without a valid reason.

2. Misusing their position and power to use capital and assets of the corporation, holding company, or company for personal gain and for others.

3. Violating the charter of the corporation, holding company, or company, exceeding authority, misusing position and power causing damage to the State, corporation, holding company, or company.

4. Using public property unlawfully.

5. Using illegal documents to be nominated for knowledge enhancement training.

6. Violating laws on anti-corruption; thrift and anti-waste; labor discipline; gender equality; prevention of prostitution and other related laws.

Article 54. Warning

The warning disciplinary measure shall be applied to business managers who commit any of the following violations of the law:

1. Issuing or confirming legal documents for persons who do not meet the required conditions or exceed their authority.

2. Using information or documents of the business for personal gain.

3. Failing to comply with decisions on job assignment or reassignment made by competent authorities.

4. Making decisions, directives, or management actions that result in the loss of state capital or capital of corporations, holding companies, or companies; deciding on investment projects that are ineffective and unable to repay debts; failing to ensure salaries and other benefits for employees of corporations, holding companies, or companies as prescribed by law.

5. Reporting financial situations of corporations, holding companies, or companies inaccurately from two times or more, or once but with significant discrepancies in the financial situation of the business.

6. Violating the law on preventing and combating corruption; practicing thrift and preventing waste; labor discipline; gender equality; preventing and combating prostitution and other relevant laws at a serious level.

Article 55. Reduction in Pay Grade

The reduction in pay grade disciplinary measure shall be applied to business managers who commit any of the following violations of the law:

a) Failing to complete assigned tasks with serious consequences without reasons accepted by competent authorities;

b) Abusing their positions to intentionally violate the law for personal gain;

c) Seriously violating wage policies; using illegal certificates or diplomas to illegally increase pay grades.

If a business manager is currently receiving the lowest pay grade on the salary scale for their position, the reduction in pay grade disciplinary measure shall not be applied; instead, competent authorities shall consider applying appropriate disciplinary measures based on the nature and severity of the violation.

Article 56. Dismissal

The dismissal disciplinary measure shall be applied to business managers who commit any of the following violations of the law:

1. Using illegal documents to obtain appointment to a position.

2. Corporations, holding companies, or companies failing to achieve annual targets and plans, failing to preserve and develop investment capital as required by competent authorities without providing objective reasons or providing reasons that are not accepted by competent authorities.

3. Being prosecuted and found guilty by a court.

4. Being dishonest in performing rights and obligations, abusing positions or functions, using assets of corporations, holding companies, or companies for personal gain or serving the interests of other organizations or individuals.

5. Seriously violating the law on preventing and combating corruption; practicing thrift and preventing waste; gender equality; preventing and combating prostitution and other relevant laws.

6. Allowing corporations, holding companies, or companies to enter bankruptcy without filing for bankruptcy; failing to organize restructuring, dissolution, or ownership transfer for corporations, holding companies, or companies under such requirements without reasons accepted by competent authorities.

Article 57. Compulsory Termination of Employment

The disciplinary measure of compulsory termination of employment shall be applied to business managers who commit any of the following violations of the law:

1. Being sentenced to imprisonment without probation.

2. Being addicted to drugs, confirmed by a competent health authority.

3. Violating financial management, accounting, auditing systems, and other regulations to the extent that criminal responsibility is pursued.

4. Making decisions, directives, or management actions causing state-owned enterprises to suffer losses and capital depletion with serious consequences.

5. Committing particularly serious violations of laws on anti-corruption; thrift and waste prevention; labor discipline; prostitution prevention; and other related legal provisions.

Article 58. Cases Not Subject to Disciplinary Consideration and Exemption from Disciplinary Responsibility

1. Cases Not Subject to Disciplinary Consideration

a) Business managers during annual leave, leave under regulations, or personal leave permitted by a competent authority;

b) Business managers during medical treatment, confirmed by a competent health authority;

c) Female business managers during pregnancy, maternity leave, or caring for children under 12 months old;

d) Business managers under temporary detention or arrest awaiting investigation, prosecution, or trial by a competent authority for violation of the law.

2. Cases Exempted from Disciplinary Responsibility

a) Confirmed by a competent authority to have lost civil capacity when violating the law;

b) Required to comply with a decision of a superior authority pursuant to Clause 5, Article 9 of the Civil Servants Law;

c) Confirmed by a competent authority to have violated the law due to force majeure while performing official duties.

Article 59. Disciplinary Council

1. Establishment of the Disciplinary Council

The person authorized to decide on disciplinary measures as stipulated in Articles 4, 5, and 6 of this Decree shall establish a Disciplinary Council to advise on the application of disciplinary measures against business managers who violate the law, except in cases provided for in Clause 2 of this Article.

2. Cases Not Requiring the Establishment of a Disciplinary Council

a) Business managers who violate the law and are sentenced to imprisonment without probation;

b) Business managers subject to disciplinary consideration and punishment after a conclusion on their violation of the law by the inspection body or the supervisory, investigative agency.

3. Organizing a Meeting to Criticize Business Managers Who Violate the Law

The organization of such meetings for criticism shall be conducted in cases where a Disciplinary Council is established and in cases where it is not established as stipulated in Clauses 1 and 2 of this Article, as follows:

a) The competent authority is responsible for organizing the meeting for criticism and deciding on the participants;

b) Business managers who violate the law must write a self-criticism report, explain their violations, and propose disciplinary measures. The self-criticism report must be submitted to the competent authority at least five working days before the meeting for criticism.

In cases where business managers who violate the law fail to write a self-criticism report or are absent after two summons without valid reasons, if they continue to be absent after the third summons, the meeting for criticism will still proceed;

c) Content of the meeting for criticism: the person being criticized reads their self-criticism report, participants provide opinions, and the chairperson and participants vote secretly on the proposed disciplinary measures.

The content of meetings for criticizing business managers who violate the law as stipulated in this Article must be recorded in minutes. Minutes of these meetings must include recommendations for disciplinary measures against business managers who violate the law. Within five working days from the end of the meeting for criticism, the minutes must be sent to the Chairman of the Disciplinary Council if a Disciplinary Council is established, or to the person authorized to impose disciplinary measures if a Disciplinary Council is not established, for review according to their authority.

Article 60. Members of the Disciplinary Council

1. The Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the Chairman of the Board of Members or the Chairman of the company;

b) One Council member is the representative of the higher-level Party Committee of the group corporation, holding company, or company. In case the higher-level Party Committee is a local Party Committee, this Council member is the representative of the local Party Committee;

c) One Council member is the representative of the group corporation, holding company, or company with the person under review for disciplinary action, appointed and nominated by the legal representative of the group corporation, holding company, or company with the person under review;

d) One Council member is the representative of the trade union executive board of the group corporation, holding company, or company with the person under review;

đ) One Council member serving as Secretary of the Council is the person responsible for the organizational cadre advisory agency with the person under review;

2. In cases where the Chairman of the Board of Members, the Chairman of the company, or the Inspector violates the law or discipline, the Disciplinary Council shall include:

a) The Chairman of the Council is the leader of the Ministry managing the industry or the leader of the provincial People's Committee;

b) One Council member is the representative of the higher-level Party Committee of the group corporation, holding company, or company. In case the higher-level Party Committee is a local Party Committee, this Council member is the representative of the local Party Committee;

c) One Council member is the representative leader of the group corporation, holding company, or company with the person under review;

d) One Council member is the representative of the trade union executive board of the group corporation, holding company, or company with the person under review;

đ) One Council member serving as Secretary of the Council is the person responsible for the organizational cadre advisory agency of the Ministry managing the industry or the provincial People's Committee;

3. For positions specified in Article 4 of this Decree, the Chairman of the Disciplinary Council is the Minister of the Ministry managing the industry. The Prime Minister decides to establish the Disciplinary Council proposed by the Ministry managing the industry, which has been reviewed by the Ministry of Home Affairs.

4. It is not allowed to appoint persons who have familial relationships such as parents, children recognized by law; spouses; full siblings; brothers-in-law; sisters-in-law; or those related to the illegal act of the business manager under review for disciplinary action to be members of the Disciplinary Council.

Article 61. Principles of Operation of the Disciplinary Council

1. The Disciplinary Council convenes when at least three members attend, including the Chairman of the Council and the Council member serving as Secretary. The Disciplinary Council recommends the application of disciplinary measures through secret ballot results with more than 50% of attending members' opinions in agreement.

In cases where the Disciplinary Council convenes with only four members attending and the secret ballot recommendation for applying disciplinary measures is agreed upon by only two attending members, including the Chairman of the Council, the recommendation of the Chairman of the Council shall be implemented.

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

3. The Disciplinary Council shall automatically dissolve after completing its tasks.

Article 62. Procedure and Formalities for Disciplinary Action

1. Organizing the Meeting of the Disciplinary Council

a) Preparing for the Meeting

- At least seven working days before the meeting of the Disciplinary Council, the summons to attend the meeting must be sent to the business manager who has committed a violation of the law. The absence of the business manager who has committed a violation of the law must be due to legitimate reasons. If the business manager who has committed a violation of the law is absent after two summonses without legitimate reasons, and continues to be absent after the third summons, the Disciplinary Council will still convene to consider and recommend disciplinary measures.

- The Disciplinary Council may invite representatives of political organizations and socio-political organizations where the business manager who has committed a violation of the law is working to attend the meeting. The invited person has the right to express opinions and propose disciplinary measures but cannot vote on disciplinary measures.

- The Council member serving as Secretary of the Disciplinary Council is responsible for preparing relevant documents and files for disciplinary action and recording the minutes of the Disciplinary Council meeting.

- The disciplinary file submitted to the Disciplinary Council includes: self-criticism statement, summary of personal history, minutes of the inspection meeting of the group corporation, holding company, or company where the business manager who has committed a violation of the law is working, and other relevant documents.

b) Meeting Procedures

- The Chairman of the Disciplinary Council announces the reason for the meeting and introduces the attending members.

- The Council member serving as Secretary of the Disciplinary Council reads the summary of the personal history of the business manager who has committed a violation of the law and other relevant documents.

- The business manager who has committed a violation of the law reads the self-criticism statement. If the business manager who has committed a violation of the law is absent, the Secretary of the Disciplinary Council reads it on their behalf. If the business manager who has committed a violation of the law does not prepare a self-criticism statement, the Disciplinary Council proceeds with the remaining procedures of the meeting according to the provisions of this point.

- The Council member serving as Secretary of the Disciplinary Council reads the minutes of the inspection meeting.

- Members of the Disciplinary Council and attendees of the meeting express their opinions.

- The business manager who has committed a violation of the law expresses their opinion. If the business manager who has committed a violation of the law does not express an opinion or is absent, the Disciplinary Council proceeds with the remaining procedures of the meeting according to the provisions of this point.

- The Disciplinary Council conducts a secret ballot to recommend the application of disciplinary measures.

- The Chairman of the Disciplinary Council announces the results of the secret ballot and approves the minutes of the meeting.

- The Chairman and the Council member serving as Secretary of the Disciplinary Council sign the minutes of the meeting.

In cases where multiple business managers within the same group corporation, holding company, or company commit violations of the law, the Disciplinary Council convenes to examine and take disciplinary actions against each business manager individually.

2. Decision on Disciplinary Action

a) Procedure for Issuing a Disciplinary Decision

- Within five working days from the end of the meeting, the Disciplinary Council must submit a written recommendation for disciplinary action (along with the minutes and disciplinary file) to the competent authority for disciplinary action as stipulated in Articles 4, 5, and 6 of this Decree.

- Within fifteen working days from the date of receipt of the recommendation document of the Disciplinary Council in cases where the Disciplinary Council is established, or the minutes of the meeting for criticism specified in Clause 3, Article 59 of this Decree in cases where the Disciplinary Council is not established, the competent authority shall issue a disciplinary decision or conclude that the business manager has not violated the law.

- In cases with complex circumstances, the competent authority handling disciplinary matters may decide to extend the disciplinary processing period according to Point b, Clause 2, Article 51 of this Decree and bear responsibility for its decision.

b) The disciplinary decision must clearly state the effective date of implementation.

c) Twelve months after the disciplinary decision becomes effective, if the business manager does not continue to commit violations warranting disciplinary action, the disciplinary decision ceases to be enforceable without the need for a separate document terminating its effectiveness.

Article 63. Complaints

A business manager subject to disciplinary action has the right to file complaints against the disciplinary decision in accordance with the law on complaints.

Article 64. Disciplinary Files

1. The disciplinary file of a business manager includes: the report of the Disciplinary Council submitted to the competent authority for consideration of disciplinary action; self-criticism statements; minutes of meetings for criticism; reports of accusations, inspection conclusions, audit conclusions, and other related documents; minutes of the Disciplinary Council meeting and the disciplinary decision.

2. The disciplinary file is kept in the personal file. The disciplinary decision must be recorded in the curriculum vitae of the person subject to disciplinary action.

Article 65. Compensation and Repayment Obligations of Business Managers

A business manager who violates the law causing economic or property damage to the State, corporation, holding company, or company shall have the obligation to compensate and repay according to the provisions of the law.

Chapter IX
RESIGNATION, RETIREMENT, AND MANAGEMENT OF BUSINESS MANAGER FILES

Article 66. Resignation

1. A business manager may resign under one of the following circumstances:

a) Due to organizational restructuring;

b) At their own request and with the approval of the competent authority;

c) As stipulated in Clause 4 of this Article.

2. If a business manager wishes to resign, they must submit a written application to the competent authority for consideration and decision. Within ninety days from the date of receipt of the application, the competent authority must respond in writing. If they do not agree to the resignation, they must provide specific reasons as prescribed in Clause 3 of this Article.

If the competent authority has not approved the resignation, and the business manager leaves the job without authorization, they will not be entitled to severance benefits and must reimburse training costs as provided by law.

3. Resignation requests will not be granted in the following situations:

a) During the period of being transferred or rotated; during the period of being investigated or disciplined, or being pursued for criminal responsibility;

b) Female business managers who are pregnant or nursing children under thirty-six months old, except in cases of voluntary resignation;

c) Before completing the settlement of all monetary and property liabilities owed to the corporation, holding company, or company;

d) Due to the requirements of the corporation, holding company, or company, or because a replacement cannot be found.

4. If a business manager fails to complete their tasks for two consecutive years and the reasons are not accepted by the competent authority, the competent authority shall reassign them to another position or grant resignation according to the law.

5. A business manager who resigns is entitled to severance pay as stipulated in Articles 5 and 6 of Government Decree No. 46/2010/NĐ-CP dated April 27, 2010, concerning resignation and retirement procedures for civil servants.

6. The expenses for implementing the severance benefit system for business managers are borne by the corporation, holding company, or company.

Article 67. Retirement

The manager of a business entity shall enjoy retirement benefits in accordance with the provisions of the Social Insurance Law. The procedures for retirement of business managers shall be carried out in accordance with the provisions of Articles 9, 10, and 11 of Decree No. 46/2010/NĐ-CP dated April 27, 2010 of the Government on termination of employment and retirement procedures for civil servants.

Article 68. Management of Records

1. The establishment, retention, and management of individual records of business managers shall be conducted according to the分级管理的规定和实施方式与对公务员的记录保留相同。

2. Annually, groups, corporations, and companies shall carry out statistical work, supplement the records of business managers to report to the competent authority for management.

Chapter X
IMPLEMENTING PROVISIONS

Article 69. Effective Date

1. This Decree shall take effect from December 5, 2015.

2. The following regulations are abolished:

a) Decree No. 66/2011/NĐ-CP dated August 1, 2011 of the Government on the application of the Civil Servants Law to the positions of leadership and management in state-owned limited liability companies and individuals appointed as representatives of state capital in enterprises with state investment;

b) The provisions of Decree No. 99/2012/NĐ-CP dated November 15, 2012 of the Government on the delegation and decentralization of rights, responsibilities, and obligations of state owners towards state-owned enterprises and state capital invested in enterprises, including:

- The provisions at Point e Clause 1 Article 9;

- The provision "evaluation of the General Director, Deputy General Director, Chief Accountant in managing and operating state economic groups" at Point n Clause 1 Article 9;

- The provision "evaluation of the General Director (Director), Deputy General Director (Deputy Director), Chief Accountant in managing and operating companies" at Point 1 Clause 2 Article 9.

Article 70. Guidance on Implementation

1. The Ministry of Home Affairs shall guide the provisions on the responsibility for compensation and repayment of business managers pursuant to Article 65 of this Decree.

2. The Ministry of National Defense and the Ministry of Public Security shall stipulate the management of individuals holding positions in businesses which are wholly state-owned limited liability companies under the Ministry of National Defense and the Ministry of Public Security.

3. The Vietnam Policy Bank, the Vietnam Development Bank, the State Capital Investment Corporation, and the Vietnam Deposit Insurance Corporation shall base on this Decree to stipulate the management of individuals holding positions in their own agencies after reaching consensus with the Ministry of Home Affairs.

4. Groups, corporations, and companies shall base on this Decree to stipulate the management of individuals holding positions in member units according to the delegated authority.

Article 71. Responsibility for Implementation

1. The Ministry of Home Affairs shall be responsible for guiding, inspecting, and reporting to the Prime Minister on the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees directly under the central government, Chairmen of the Board of Directors of groups and corporations, and Chairmen of companies which are wholly state-owned limited liability companies shall be responsible for implementing this Decree.