Chương II Nghị định 159/2020/NĐ-CP: Thẩm quyền quyết định và kiêm nhiệm đối với người quản lý doanh nghiệp, kiểm soát viên, người đại diện phần vốn nhà nước

Chapter II

DECISION-MAKING AUTHORITY AND MULTIPLE OFFICE-HOLDING OF CORPORATE EXECUTIVES, COMPTROLLERS, REPRESENTATIVES OF THE STATE OWNERSHIP INTERESTS

Article 5. The Prime Minister’s authority

1. Decide appointment, reappointment, transfer, secondment, rotation, acceptance of resignation, dismissal, commendation, rewarding, disciplining and retirement of Presidents of Boards of Directors in enterprises established under the authority of the Prime Minister.

2. Decide appointment, re-appointment, transfer, secondment, rotation, acceptance of resignation, dismissal, commendation, rewarding, disciplining and retirement of the Parent Company President of Military Industry- Telecommunications Group.   

3. Decide appointment of the General Director of the State Capital Investment Corporation.

4. Give opinions before the appointment of the General Directors of enterprises under the establishment competence of the Prime Minister, except for the case specified in Clause 3 of this Article.

Article 6. Authority of representative agencies

1. Authority of wholly state-owned enterprises under the establishment competent of the Prime Minister:

a) Decide the performance evaluation of Presidents of Boards of Directors, Company Presidents;

b) Decide the placement planning of Presidents of Boards of Directors, Company Presidents after receipt of opinions from the Ministry of Home Affairs;

c) Decide performance evaluation, placement planning, appointment, reappointment, transfer, secondment, rotation, acceptance of resignation, dismissal, commendation, rewarding, disciplining and retirement of members of Boards of Directors;

d) Give opinions before Boards of Directors or Company Presidents issue decisions on placement planning, appointment, re-appointment, transfer, secondment, rotation, acceptance of resignation, dismissal, rewarding, disciplining and retirement of General Directors or Directors, except the cases specified in clause 3 of Article 5 herein;

dd) Approve policies on appointment of Deputy General Directors or Deputy Directors upon the request of Boards of Directors.

2. Authority of state-owned enterprises under the establishment competence of representative agencies:

a) Decide performance evaluation, placement planning, appointment, reappointment, transfer, secondment, rotation, acceptance of resignation, dismissal, commendation, rewarding, disciplining and retirement of Presidents of Boards of Directors, Company Presidents, members of Boards of Directors and Comptrollers;

d) Give opinions before Boards of Directors or Company Presidents issue decisions on placement planning, appointment, re-appointment, transfer, secondment, rotation, acceptance of resignation, dismissal, rewarding, disciplining and retirement of General Directors or Directors;

c) Approve policies on appointment of Deputy General Directors or Deputy Directors upon the request of Boards of Directors.

3. Authority of state-invested enterprises:

Decide performance evaluation, designation, re-designation and termination of term of office as the representative of state ownership interests in enterprises, rewarding, disciplining and retirement of representatives of state ownership interests.

Article 7. Multiple office-holding of executives of state enterprises, comptrollers, representatives of state ownership interests

1. Holding different titles or offices by executives of state enterprises shall be regulated as follows:

a) Members of Boards of Directors shall not be allowed to hold multiple managerial titles at their enterprises, except as prescribed in point c of this clause;

b) Presidents of Boards of Members, General Directors, Directors and Chief Accountants shall not be allowed to hold multiple managerial positions at their enterprises and others; Company Presidents can hold multiple positions of General Directors or Directors at their enterprises while not doing so at other enterprises;

c) Except Presidents of Boards of Directors, other members of Boards of Directors can hold multiple positions of General Directors or Directors at their enterprises or the others which are not affiliates according to decisions of representative agencies;

d) Deputy General Directors or Deputy Directors may hold multiple positions: Presidents of Boards of Directors, Presidents of Governing Boards, members of Boards of Directors, members of Governing Boards, Company Presidents of affiliated enterprises, but not more than 03 positions;

dd) Executives of state enterprises shall not be allowed to hold posts as cadres, public officials or public servants.

2. Holding different titles or offices by comptrollers shall be regulated as follows:

a) Heads of Control Committees and Comptrollers shall not be allowed to hold positions of company managers and executives of other enterprises; comptrollers of the enterprises that are not state enterprises; shall not serve as workers of enterprises;

b) An individual may be appointed as the Head of Control Committee or the Comptroller at not more than 04 state enterprises.

3. Holding multiple titles or offices by representatives of state ownership interests shall be regulated as follows:

a) Each full-time representative of the state ownership interest may only engage in representation for the state stake in the ownership of an enterprise;

b) Each part-time representative of the state ownership interest may engage in representation for the state stakes in the ownership of less than 3 other enterprises represented by the same representative agency;

c) Each representative of the state ownership interest shall not be allowed to hold another position of a representative of the state ownership interest in the enterprise which is represented by another representative agency;

d) Representatives of state ownership interests shall not be allowed to hold the posts of cadres, public officials or public servants.