Chương III Nghị định 159/2020/NĐ-CP: Đánh giá, xếp loại chất lượng hàng năm đối với người quản lý doanh nghiệp nhà nước, kiểm soát viên, người đại diện phần vốn nhà nước

Chapter III

ANNUAL EVALUATION AND RATING OF EXECUTIVES OF STATE ENTERPRISES, COMPTROLLERS, REPRESENTATIVES OF STATE OWNERSHIP INTERESTS

Article 8. Rating

Executives of state enterprises, comptrollers, representatives of state ownership interests shall be evaluated and ranked annually according to the 4-grade system: Excellent, good, complete, incomplete performance of assigned duties.

Article 9. Evaluation and rating responsibilities

1. Competent authorities shall annually set and elaborate on goals and objectives for Boards of Directors, Comptrollers and representatives of state ownership interests.

2. Authorities having competence in conducting evaluation and rating activities shall assume legal liability for their own decisions.

Article 10. Evaluation time

1. Evaluation of state-owned enterprises’ executives and comptrollers shall be conducted annually after representative agencies announce the rankings of enterprises in compliance with the provisions of laws; the evaluation of a representative of state ownership interests must be conducted after the announcement of enterprises’ annual financial statements.

2. If executives of state enterprises, comptrollers or representatives of state ownership interests are Communist Party member evaluation and rating must be first, and executive evaluation and rating must be later.

Article 11. Evaluation and rating bases

1. Bases for evaluation and rating of executives of state enterprises, including:

a) Corporate charter;

b) Rights and responsibilities of the executive of a state enterprise that are covered by laws;

c) Programs, plans, goals and objectives which are assigned and approved on an annual basis.

2. Bases for evaluation and rating of comptrollers and representatives of state ownership interests, including:

a) Rights and responsibilities of the executive or the representative of state ownership interests that are covered by laws;

b) Programs, plans, goals and objectives which are assigned and approved on an annual basis;

d) Compliance with regulations set out in the charter during the period of implementation of their duties, functions and responsibilities.

Article 12. Evaluation contents

Contents of the evaluation of an executive of state enterprise, comptroller, representative of state ownership interests, including:

1. Its operational results covered by regulations of laws and its charter;

2. Individual performance:

a) Political qualities, ethics, lifestyle; self-discipline; working conducts and manners;

b) Compliance with the Party's guidelines, undertakings and policies and domestic laws; legislation on anti-corruption; thrift and anti-extravagance practices; rules and regulations of the enterprise;

c) Fulfillment of assigned goals and objectives in a year;

d) Results of correction and mitigation of defects and shortcomings that have already been pointed out (if any);

dd) Compliance with the directives of the representative agency.

Article 13. Evaluation processes and procedures

1. With regard to executives of state enterprises:

a) The executive of a state enterprise completes the self-reflection or self-evaluation form by entering information in the given evaluation fields, and must rate himself/herself;

b) The Board of Directors convenes a review meeting to give their comments and judgements on that executive. The minutes of the review meeting must be taken, containing clear information about participants and contributed opinions; 

c) Collecting written opinions regarding evaluation and rating of the executive from the same-level grassroots Party committee;

d) Based on the opinions received from the same-level grassroots Party committee, the Board of Directors or the Company President considers and deciding the evaluation and rating of the executive according to their competence or make a report on the evaluation and rating results of the President of the Board of Directors, members of the Board of Directors, the Company President and send it to the representative agency to seek its decision.

2. With regard to comptrollers:

a) Each comptroller must complete the self-reflection or self-evaluation form, and must rank himself/herself before sending it to the representative agency;

b) Based on evaluation and rating criteria prescribed herein and assigned tasks stated in annual plans, the representative agency carries out review before issuing its decision on the rank of that comptroller.

3. With regard to representatives of state ownership interests:

a) Each representative of state ownership interests completes the self-reflection or self-evaluation form by entering information in the given evaluation fields, and must rank himself/herself before sending it to the representative agency;

b) The receiving representative agency collect comments and evaluation opinions on that representative of state ownership interests from the Board of Directors, the Company President and the Governing Board (where necessary);

c) Based on evaluation and rating criteria prescribed herein and assigned tasks stated in annual plans, the representative agency carries out review before issuing its decision on the rank of that representative of state ownership interests.

4. Evaluation and rating results shall be archived and notified to specific executives of state enterprises, comptrollers and representatives of state ownership interests.

Article 14. “Excellent" performance rating criteria

Executives of state enterprises, comptrollers or representatives of state ownership interests shall be rated excellent at their performance when meeting the following criteria:

1. Business or operational results:

a) With regard to executives of state enterprises: The state enterprises under their control are rated A according to applicable regulations;

b) With regard to comptrollers: The enterprises under their supervision are rated as full compliance with the provisions of laws, the company's charters, the directions of the representative agency and the competent authorities;

c) With regard to representatives of state ownership interests: Enterprises are rated as full compliance with the provisions of laws, the company's charters, the directions of the competent authorities; completion of at least 100% of the after-tax profit and return on equity ratio targets set in the plans, unless otherwise approved by representative agencies in the cases of force majeure events or due to objective reasons.

2. Individual performance:

a) Possessing good political and ethical qualities; healthy lifestyle; proper working conducts and manners;

b) Always setting good examples, fully complying with the Party's guidelines, undertakings and policies and domestic laws; legislation on anti-corruption; thrift and anti-extravagance practices; rules and regulations of enterprises;

c) Accomplishing at least 100% of goals and objectives set in a year, except as the lower accomplishment percents are approved by competent authorities in the cases of force majeure events or due to objective reasons;

d) Successfully managing to correct or mitigate defects and shortcomings that have already been pointed out (if any);

dd) Compliance of comptrollers and representatives of state ownership interests with the directions, guidelines or instructions receiving representative agencies.

Article 15. “Good" performance rating criteria

Executives of state enterprises, comptrollers or representatives of state ownership interests shall be rated good at their performance when meeting the following criteria:

1. Business or operational results:

a) With regard to executives of state enterprises: The state enterprises under their control are rated A according to applicable regulations;

b) With regard to comptrollers: Meeting the criteria prescribed in point b of clause 1 of Article 14 hereof;

c) With regard to representatives of state ownership interests: Enterprises are rated as full compliance with the provisions of laws, the company's charters, the directions of the competent authorities; completion of at least 90% of the after-tax profit and return on equity ratio targets set in the plans, unless otherwise approved by the representative agencies in the cases of force majeure events or due to objective reasons.

2. Individual performance:

a) Meeting the criteria prescribed in point a, b, d and dd of clause 2 of Article 14 herein;

b) Accomplishing at least 90% of goals and objectives of work set in a year, except as the lower accomplishment percents are approved by competent authorities in the cases of force majeure events or due to objective reasons.

Article 16. “Complete" performance rating criteria

Executives of state enterprises, comptrollers or representatives of state ownership interests shall be rated complete in their performance according to the following criteria:

1. Business or operational results:

a) With regard to executives of state enterprises: The state enterprises under their control are rated B according to applicable regulations;

b) With regard to comptrollers: The enterprises under their supervision are rated as inadequate compliance with the provisions of laws, the company's charters, and the directions of competent authorities. This shall not be applied in the cases where comptrollers have already given written warnings and reported to representative agencies;

c) With regard to representatives of state ownership interests: Enterprises operating under their delegated authority are rated as inadequate compliance with the provisions of laws, the company's charters, the directions, guidelines or instructions of the competent authorities; completion of between 70% and under 90% of the after-tax profit and return on equity ratio targets set in the plans, unless otherwise approved by the representative agencies in the cases of force majeure events or due to objective reasons.

2. Individual performance:

a) Meeting the criteria prescribed in point a, b, d and dd of clause 2 of Article 14 herein;

b) Accomplishing between 70% and below 90% of goals and objectives of work set in a year, except as the lower accomplishment percents are approved by competent authorities in the cases of force majeure events or due to objective reasons.

Article 17. “Incomplete" performance rating criteria

Executives of state enterprises, comptrollers or representatives of state ownership interests shall be rated incomplete in their performance according to the following criteria:

1. Business or operational results:

a) With regard to executives of state enterprises: The state enterprises under their control are rated C according to applicable regulations;

b) With regard to comptrollers: The enterprises under their supervision violate the provisions of laws, the company's charters, the directions, guidelines or instructions of representative agencies and competent authorities, except if these comptrollers have already given written warnings and reported to representative agencies;

c) With regard to representatives of state ownership interests: Enterprises operating under their delegated authority are in breach of the provisions of laws, the company's charters; not fully comply with directions or commands of competent authorities; complete less than 70% of the after-tax profit and return on equity ratio targets set in the plans, except as the lower completion percents are approved by the owners in the cases of force majeure events or due to objective reasons.

2. Individual performance:

a) Having a sign of decay of political and ethical qualities; an unhealthy lifestyle; violating the regulations on self-discipline and manners or conducts of work as determined by competent authorities;

b) Failing to comply with or violating the Party's guidelines, undertakings and policies and domestic laws; legislation on anti-corruption; thrift and anti-extravagance practices; rules and regulations of enterprises;

c) Accomplishing below 70% of goals and objectives set in a year, except as the lower accomplishment percents are approved by competent authorities in the cases of force majeure events or due to objective reasons;

d) Failing to implement or comply with the directions, guidelines or instructions of representative agencies and competent authorities;

dd) Failing to correct and mitigate defects and shortcomings that have already been pointed out (if any).