Chương I Nghị định 159/2020/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with:

1. Performance evaluation, placement planning, appointment, reappointment, transfer, secondment, rotation, resignation, dismissal, commendation, rewarding, disciplining and retirement of titleholders, officeholders and comptrollers at enterprises whose charter capital is wholly owned by the State (hereinafter referred to as wholly stated-owned enterprises).

2. Performance evaluation, designation, re-designation and termination of term of office of the representative of state ownership interests, commendation, rewarding, disciplining and retirement of representatives of state ownership interests in enterprises.

Article 2. Subjects of application

1. Agencies representing the state ownership interests (hereinafter referred to as representative agencies).

2. Wholly state-owned enterprises.

3. Enterprises of which more than 50% of the charter capital or total voting shares are held by the State; enterprises of which less than 50% of the charter capital or total voting shares are held by the State (hereinafter referred to as state-invested enterprises).

4. Titleholders and officeholders at wholly state-owned enterprises (hereinafter referred to as executives of state enterprises), including:

a) President of the Board of Directors;

b) Company President (in the companies without Boards of Directors);

c) Member of Board of Directors;

d) General Director;

dd) Director;

e) Deputy General Director;

g) Deputy Director;

h) Chief Accountant.

5. Comptroller at a wholly state-owned enterprise (hereinafter referred to as Comptroller).

6. Representative of the state stakes or state ownership interests in an enterprise of which more than 50% of the charter capital or total voting shares are held by the State; an enterprise of which less than 50% of the charter capital or total voting shares are held by the State.

7. Other persons and entities involved in management and utilization of state enterprises, comptrollers, representatives of the state ownership interests in enterprises.

Article 3. Interpretation

For the purposes of this Decree, terms used herein shall be construed as follows:

1. Level of competency means any level of authority to decide:

a) Performance evaluation, placement planning, appointment, reappointment, transfer, secondment, rotation, resignation, dismissal, commendation, rewarding, disciplining and retirement of state enterprise executives and comptrollers;

b) Performance evaluation, designation, re-designation and termination of term of office as the reprehensive of state ownership interests in enterprises.

2. Counseling agency is an entity taking on cadre placement and organization duties at the respective level of competency.

3. Corporate leadership includes Board of Directors or Company President and same-level grassroots Party committees.  

4. Representative of the state ownership interests in an enterprise refers to a person designated by a representative agency to represent part or all of state stakes in the ownership of an enterprise to carry out all or a number of rights, responsibilities and obligations of a state shareholder or member contributing capital to the enterprise in accordance with laws.     

5. Comptroller refers to a person that is submitted to and appointed by a representative agency, and works under the full-time or part-time regime.

Article 4. Principles of management of corporate executives, comptrollers, representatives of the state ownership interests

1. Ensure the Party’s uniform leadership in the management and utilization of state enterprises, comptrollers, and representatives of the state ownership interests in enterprises.

2. Ensure full compliance with regulations of corporate and other relevant laws.

3. Implement the democratic centralism principle, clearly distinguishing collective and individual responsibilities, especially those assumed by leaders pertaining to cadres-related affairs.

4. If any executive of a state enterprise, any comptroller or any representatives of the state ownership interests in an enterprise holds multiple titles or offices, conflicts of interest must be avoided.

5. If any law setting out regulations on the management and utilization of executives of state enterprises, comptrollers and representatives of state ownership interests which are in conflict with the provisions of this Decree, the former shall prevail.