Chương IV Nghị định 106/2015/NĐ-CP: Đánh giá người đại diện

Chapter IV

ASSESSMENT OF REPRESENTATIVES

Article 8. Grounds for assessment

Grounds for assessment include:

1. Rights and responsibilities of a representative as prescribed by law;

2. Annual work plans/programs approved by state capital owners.

Article 9. Assessment time

Representatives shall be assessed every year after economic groups, corporations or companies publish their annual financial statements and before they follow procedures for appointment, re-appointment, commendation or disciplinary actions against representatives.

Article 10. Authority to assess and responsibilities of persons making assessment

1. State capital owners shall directly assess representatives as prescribed in Article 4 and Article 5 hereof and assume responsibility for their assessment results.

2. Written ranking and assessment results shall be notified to representatives and included in their dossiers.

Article 11. Assessment contents

1. Performance of tasks under annual work plans/programs or tenure approved by state capital owners, including:

a) Business income and operational efficiency of economic groups, corporations or companies;

b) The representative’s compliance with the state capital owner’s policy, resolution and direction.

2. Compliance with guidelines and polices of the Communist Party and the State law, the anti-corruption law, the law on thrift practice and waste combat, internal regulations and rules of economic groups, corporations or companies.

3. Moral and political credentials, lifestyle, working style and behavior.

Article 12. Assessment results

Representatives shall be assessed every year and ranked into 03 levels as follows: Having excellently completed tasks, having completed tasks and failing to complete tasks.

Article 13. Criteria for representatives assessed to have excellently completed tasks

A representative is assessed to have excellently completed tasks if meeting all of the following criteria:

1. He/she has completed all assigned tasks under the annual work plan/program with working hours and quality ensured;

2. He/she must be exemplary and has strictly complied with guidelines and polices of the Communist Party and the State law, the anti-corruption law, the law on thrift practice and waste combat, discipline, internal regulations and rules of the economic group, corporation or company;

3. He/she has excellent moral and political credentials, healthy lifestyle, and standard working style.

Article 14. Criteria for representatives assessed to have completed tasks

A representative is assessed to have completed tasks if meeting all of the following criteria:

1. He/she meets the criteria in Clause 2 and Clause 3 Article 13 hereof;

2. He/she has completed at least 70% of assigned tasks under the annual work plan/program, except force majeure events or objective reasons.

Article 15. Criteria for representatives assessed to have failed to complete tasks

A representative is assessed to have failed to complete tasks if:

1. He/she has completed less than 70% of assigned tasks under the annual work plan/program;

2. He/she has failed to comply with or violated guidelines and polices of the Communist Party and the State law, the anti-corruption law and the law on thrift practice and waste combat, or has been disciplined by competent authorities;

3. He/she has failed to keep discipline or violated internal rules and regulations of the economic group, corporation or company.

Article 16. Assessment procedures

1. The representative shall make a self-assessment report to self-evaluate his/her completion of tasks according to the assessment criteria prescribed in Articles 11, 12, 13, 14 and 15 hereof, and send it to the state capital owner.

2. The state capital owner shall request the Board of Directors or Board of Members in writing for its opinions about the representative’s self-assessment.

3. The personnel advisory agency shall prepare and submit the consolidated report on opinions given by the Board of Directors or Board of Members to the state capital owner.

4. Based on the representative’s self-assessment and opinions given by Board of Directors or Board of Members, the state capital owner shall assess and rank the representative into one of the following levels: Having excellently completed tasks, having completed tasks or failing to complete tasks.