Chương IV Nghị định 159/2020/NĐ-CP: Quy hoạch đối với người quản lý doanh nghiệp nhà nước, kiểm soát viên

Chapter IV

PLANNING FOR PLACEMENT OF EXECUTIVES OF STATE ENTERPRISES, COMPTROLLERS

Section 1. PLANNING AND PRE-PLANNING PRINCIPLES AND REQUIREMENTS

Article 18. Planning principles and requirements

1. During a 5-year period of time, the plan shall be made once, and then reviewed and supplemented annually, ensuring conformance to the transferability and openness principles. In the beginning of the second year of this period, the planning for the next period must be carried out.

2. Planning must be serious and unprejudiced; the planning approach must be scientific, accurate, economical, efficient and must ensure that selected persons fully meet standards and requirements.

3. Personnel eligible for being considered for inclusion in placement plans:

a) Having to meet the general standards of the Party and State, and basically meet the standards of each managerial position issued by competent authorities;

b) Having to depend on work requirements of each enterprise;

c) Having to undergo the assessment of political, ethical qualities, lifestyle, qualification, practical competence, advancement orientations and prospects before being included in placement plans;

d) During the consideration period of time, they are not awaiting sanctions or disciplinary actions; are not executing sanction or disciplinary decisions; are not under investigation, prosecution or on trial.

4. Personnel holding managerial offices may only be planned to hold higher positions and must be young (expressed in months of age) enough to serve in at least 01 term in office, starting from the date of the competent authority's approval of the placement plan.

5. Plans for placement of comptrollers shall be made and determined by representative agencies under their jurisdiction.

Article 19. Arrangements made before implementation of planning procedures

In the first year of each 5-year period, Boards of Directors and Company Presidents must direct and instruct affiliated enterprises to develop personnel plans with respect to titles or positions under their delegated authority as a basis to source candidates eligible for inclusion in these personnel plans under their direct authority.

Section 2. PLANNING STEPS

Article 20. Finding and recommending a potential source of candidates for inclusion in a personnel placement plan

Steps in finding, identifying, recommending and compiling the proposed list of personnel eligible to become potential sources of candidates for inclusion in a personnel placement plan shall be taken as follows:  

1. The counseling agency compiles and proposes the list of personnel eligible for inclusion in the personnel placement plan, and reporting to the Board of Directors and/or the Company President.  

The proposed list of personnel eligible for inclusion in the plan must fully contain the following information: Full names; dates of birth; birth places; dates of accession to the Communist Party (required as a Party member); professional qualifications; qualifications in political theory (if any); executive titles and supervisory entities.

2. The leadership of an enterprise holds a meeting to agree on the planned personnel structure and quantity; examines the proposed list of personnel eligible for inclusion in the plan and recommend more personnel (if any); casts their secret ballots to decide the list of candidates recommended at the polling or balloting conference on sources of candidates eligible for inclusion in the personnel placement plan.

Article 21. Holding a conference for key cadres on recommending a source of candidates potential or eligible for inclusion in a personnel placement plan

The Board of Directors or the Company President holds a conference for key cadres on recommending a source of candidates potential or eligible for inclusion in a personnel placement plan. The conference must be attended by at least two thirds of total number of invited participants.

1. Participants in a corporation’s conference shall include:

a) Participants from a parent corporation, comprising: President of the Board of Directors, member of the Board of Directors; Comptrollers; General Director, Deputy General Director; Chief Accountant; Head or Vice Head of specialized and equivalent subdivision; grassroots Standing Committee of the Party, Trade Union Chairperson, Secretary of Youth Union;

b) Participants from the enterprise of which 100% of charter capital is held by the corporation, comprising: President of the Board of Directors or the Company President, General Director, Director and Secretary of grassroots Party Committee;

c) Participants from the enterprise of which more than 50% of the charter capital or total voting share is held by the corporation, comprising:  Representative of state ownership interests or general operations representative, Secretary of grassroots Party Committee;

d) Participants from the enterprise of which 50% of the charter capital or total voting share at maximum is held by the corporation, comprising:  Representative of state ownership interests or general operations representative;

dd) Participants from the public service unit subordinate to the corporation, comprising: Head or Secretary of the grassroots Party Committee.

2. Participants in the incorporation’s conference shall include:

a) Participants from a parent incorporation, comprising: President of the Board of Directors, member of the Board of Directors; Comptrollers; General Director, Deputy General Director; Chief Accountant; Head or Vice Head of specialized and equivalent subdivision; grassroots Standing Committee of the Party, Trade Union Chairperson, Secretary of Youth Union;

b) Participants from the enterprise of which 100% of charter capital is held by the incorporation, comprising: President of the Board of Directors or the Company President, General Director, Director and Secretary of grassroots Party Committee;

c) Participants from the enterprise of which more than 50% of the charter capital or total voting share is held by the incorporation, comprising:  Representative of state ownership interests or general operations representative, Secretary of grassroots Party Committee;

d) Participants from the enterprise of which 50% of the charter capital or total voting share at maximum is held by the incorporation, comprising:  Representative of state ownership interests or general operations representative;

dd) Participants from the public service unit subordinate to the incorporation, comprising: Head or Secretary of the grassroots Party Committee.

3. Participants in the conference of a wholly state-owned enterprise shall include:

a) Participants from the wholly state-owned enterprise, comprising: President of the Board of Directors or the Company President, member of the Board of Directors; Comptrollers; Director, Deputy Director; Chief Accountant; Head or Vice Head of specialized and equivalent subdivision; grassroots Standing Committee of the Party, Trade Union Chairperson, Secretary of Youth Union;

b) Participants from the subsidiary of which 100% of charter capital is held by the wholly state-owned enterprise, comprising: Head or Secretary of the grassroots Party Committee;

c) Participants from the subsidiary of which more than 50% of the charter capital or total voting share is held by the wholly state-owned enterprise, comprising:  Representative of state ownership interests or general operations representative, Secretary of grassroots Party Committee;

d) Participants from the affiliate of which 50% of the charter capital or total voting share at maximum is held by the wholly stated-owned enterprise, comprising:  Representative of state ownership interests or general operations representative;

dd) Participants from the public service unit subordinate to the wholly state-owned enterprise, comprising: Head or Secretary of the grassroots Party Committee.

4. Conference procedures:

a) The conference chair announces the purposes, requirements, criteria, preconditions, proposed placement structure and number of candidates for inclusion in the plan for placement of personnel holding specific positions. 

The counseling agency presents the proposed list of personnel eligible to become the potential source of candidates for inclusion in the personnel placement plan.    Conference participants may recommend more candidates that are not on the given list if each recommended candidate shows his/her curriculum vitae and the review or evaluation of his/her performance in the latest 3 years;

b) Participants join in the discussion and contribute their opinions;

c) After conference participants cast secret ballots on recommended candidates for inclusion in the personnel placement plan, the number of ballots delivered and received must be announced at the conference.   Ballot count results shall not be announced in this conference.

Article 22. Holding the expanded leadership conference to collect opinions on the proposed list of personnel recommended for inclusion in the personnel placement plan

1. The counseling agency shall integrate results of the vote on recommended candidates for inclusion in the personnel placement plan into a report to the enterprise’s leadership for their discussion and resolution on the list of personnel recommended for inclusion in the placement plan before opinions on this list are collected at the expanded leadership conference.    The number of personnel recommended for inclusion in the personnel placement plan must be at least 30% of total ballots cast in the conference for key cadres on recommendation of personnel for the placement plan.

2. The expanded leadership conference must be attended by at least two thirds of total number of invited participants.

Participants in this conference must include: President of Board of Directors or Company President, member of the Board of Directors, Comptroller, General Director, Deputy General Director, Chief Accountant and same-level Party committee; Head of division (department) and equivalent of parent company; President of the Board of Directors, President of the enterprise of which 100% of charter capital is held by the parent company; general operations representative (if any) or representative of state ownership interests in the enterprise of which more than 50% of charter capital or total voting share is held by the parent company.

3. Conference procedures:

a) President of the Board of Directors or the Company President announces the purposes, requirements, criteria, preconditions, proposed placement structure and number of candidates for inclusion in the plan for placement of personnel holding specific positions. 

The counseling agency presents the list of recommended personnel eligible to become the potential source of candidates for inclusion in the personnel placement plan which has already been unanimously agreed on by the leadership in clause 1 of this Article;  

b) Participants join in the discussion and contribute their opinions;

c) After conference participants cast secret ballots on recommended candidates for inclusion in the personnel placement plan, the number of ballots delivered and received must be announced at the conference.   Ballot count results shall not be announced in this conference.

Article 23. Deciding the personnel placement plan

1. Based on results of recommendation of potential sources of candidates obtained at the steps belonging to the aforesaid procedures, and criteria, preconditions, proposed structure and number of personnel legally required, the counseling agency carries out the review and send the general review report to the enterprise's leadership for their discussion and secret vote to decide personnel planned to hold specific positions, and must ensure compliance with the following requirements:

a) 01 title must need 02 - 04 titleholders-to-be and the planning for placement of 01 person in a title shall not be allowed; 

b) Planning placement of 01 person to hold more than 03 titles shall not be allowed;

c) Personnel structure and age must be appropriate.

2. Those polling more than 50% of total votes of the enterprise’s leadership shall be decided by the counseling agency itself or shall seek the relevant competent authority’s decision for inclusion in the personnel placement plan.

Article 24. Periodically reviewing and supplementing the personnel placement plan

Every year, the Board of Directors or the Company President conducts the review and supplementation of the plan to consider whether it is necessary to add new personnel to the plan and move those who no longer meet the criteria, standards and preconditions for holding the planned titles out of the plan. This review shall commence after receipt of results of the annual quality assessment and rating results or according to the decision of the Board of Directors or the Company President to meet the enterprise's requirements.

Article 25. Carrying out the procedures for the review of the personnel placement plan

1. Based on the annual evaluation and rating results, the counseling agency shall assume the following responsibilities:

a) Evaluate, review and develop plans for the addition of personnel who meet the criteria and conditions for inclusion in the personnel plan, and propose removing those no longer meeting the prescribed criteria and conditions from the list;

b) Report to the enterprise’s leadership to consider and comment on alternatives for supplementation of the personnel plan before conducting the opinion poll at the conference for key cadres; consider and cast secret ballots on the proposed exclusion of personnel from the placement plan. Those polling more than 50% of total votes of the enterprise’s leadership on such removal or exclusion shall be removed or excluded from the plan by itself or after receiving the decisions from the relevant competent authority.

2. Holding the conference for key cadres on recommending supplementary candidates for inclusion in the plan:

Regulations laid down in Article 21 herein must be observed.

3. Holding the expanded leadership conference to collect their opinions on the proposed list of supplementary personnel recommended for inclusion in the personnel placement plan:  

Regulations laid down in Article 22 herein must be observed.

4. Deciding the supplementation of the plan:

Based on results of the opinion poll at the conference referred to in clause 2 and 3 of this Article, and criteria, preconditions, proposed structure and number of personnel legally required, the counseling agency carries out the review and send the general review report to the enterprise's leadership for their discussion and secret vote to decide supplementary personnel recommended for inclusion in the plan for placement of personnel holding specific offices.

Those polling more than 50% of total votes of the enterprise’s leadership shall be decided by the counseling agency itself or shall seek the relevant competent authority’s decision for inclusion in the personnel placement plan.

Article 26. Planning documentation

Documentation of personnel recommended for inclusion in placement plans must contain authentic, accurate and adequate information required at data fields or entries, and must be certified or authenticated as legally required, including: 

1. The report on the request for approval for the personnel placement plan signed by the head of the relevant competent agency or organization;

2. The summary list of the planned personnel and total votes for each personnel recommended at the conference held as part of the planning process with certification granted by the relevant competent authority;

3. The biodata completed by each of recommended personnel by using the prescribed sample, enclosing the certification granted by the relevant competent authority and his/her 4x6 cm color photo taken not over 06 months;

4. Assessment opinions or comments of the Board of Directors or Company President;

5. Assessment of the same-level Party committee;

6. Assessment opinions on each recommended person from the Party subcommittee of the place where he/she and his/her family are residing. If his/her residence is different from his/her family’s residence, the assessment opinion of the Party subcommittee of the place where he/she and his/her family are residing;

7. Income and asset declaration prepared by using the prescribed sample;

8. The copies of degrees or certificates provided to meet qualification requirements for specific titles and offices. If any office or title holder-to-be possesses a degree, diploma or graduation certificate conferred by a foreign education institution, this qualification document needs to be recognized in Vietnam according to applicable regulations;

9. The health certificate issued by the relevant competent healthcare establishment less than 06 months ago.