Chương VI Nghị định 159/2020/NĐ-CP: Cử, cử lại người đại diện phần vốn nhà nước

Chapter VI

DESIGNATION AND RE-DESIGNATION AS REPRESENTATIVES OF STATE OWNERSHIP INTERESTS

Section 1. DESIGNATION AS REPRESENTATIVES OF STATE OWNERSHIP INTERESTS

Article 45. Limitation period of representation for state ownership interests

1. The limitation period of designation as the representative shall not exceed the tenure of the Board of Directors or the Governing Board.  If the representative is nominated by the representative agency for election or appointment to an executive or managerial office in the midst of the term of that office, the limitation period of representation for the state ownership interests shall equal the remaining term of that office under the enterprise’s charter.

2. In case where a representative is designated to represent the state ownership interests in another enterprise, the limitation period of representation for the state ownership interests shall start from the effective date of the latest decision on designation as the representative of state ownership interests.

3. In case where any change in the managerial or executive title is made due to any change of the enterprise's name, the limitation period of representation of the state ownership interests shall start from the date of receipt of permission for designation as the representative holding the formerly called title in the formerly called enterprise.  

Article 46. Conditions for designation as representatives of state ownership interests

1. Ensure conformance to general standards and criteria according to regulations of the Party and State; specific standards and criteria according to regulations of relevant competent agencies.

2. Have personnel profiles and records verified, and make income and asset declarations, as legally required.

3. Have to be young (expressed in months of age) enough to serve during the entire tenures of the Boards of Directors or the Governing Boards in the enterprises where they are designated as representatives of state ownership interests.

4. Attain fitness to complete their assigned duties.

5. In order to be eligible for designation, they are not prohibited from holding positions and titles under laws.

6. During the consideration period of time, they are not subject to sanctions or disciplinary actions pending; are not under investigation, prosecution or on trial.  In case their host enterprises are subject to an inspection and examination conducted by competent agencies, the relevant competent authorities shall consult with the inspection and examination agencies about the personnel before designating such personnel as the representatives of state ownership interests.

Article 47. Processes and procedures for designation as representatives of state ownership interests

1. Based on the value of state capital, the size of each enterprise, and after consulting the conditions and criteria of the representatives of state ownership interests, counseling agencies give recommendation about the personnel policy, quantity, structure, source and specific personnel recommended as the representatives of state ownership interests to representative agencies, including 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; host or supervisory entities.

2. Each representative agency agrees on the designation policy and undertakes some of the following tasks:

a) Meet the person who is recommended for nomination or designation as the representative of state ownership interests to seek his/her commitment to the compliance with the guidelines, resolutions and directions of the representative agency, and the implementation of roles and responsibilities and obligations of the representative of state ownership interests if he/she is designated or nominated;

b) Confer with and get comments and feedbacks from the leadership of the enterprise where the recommended personnel are working on the policy of designation or nomination as the representative of state ownership interests; verify personal information of the recommended personnel.

3. The representative agency consults with the same-level Party committee about the personnel recommended for designation or nomination as the representative of state ownership interests.

4. The representative agency considers giving conclusions about issues that may arise, enters into the discussion and decides to nominate or designate the representative of the state ownership interests.

Article 48. Documentation requirements for designation or nomination as representatives of state ownership interests

1. The request form for designation or nomination as the representative of state ownership interests which is signed by the head of the relevant competent agency or organization.

2. The biodata completed by each of the 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.

3. Self-reflection statement of performance in the last 3 years.

4. Comments and feedbacks of the leadership and the Party committee of the agency or organization supervising the person recommended for nomination or designation as the representative of state ownership interests.

5. The competent Party committee’s conclusion regarding political standards.

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 copy of degree or certificate provided to meet qualification requirements for specific titles or 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.

10. The commitment to the compliance with the guidelines, resolutions and directions of the representative agency, and the implementation of roles and responsibilities and obligations of the representative of state ownership interests to the owner, which is approved by the representative agency.

Section 2. RE-DESIGNATION AS REPRESENTATIVES OF STATE OWNERSHIP INTERESTS

Article 49. Conditions for re-designation as representatives of state ownership interests

1. In order to be designated or nominated as the representative of the state ownership interests, candidates must meet the following conditions:

a) Assessed as fulfillment of their assigned tasks during the term of office as the representative of state ownership interests;

b) Fully meeting eligibility requirements for designation or nomination as the representative of state ownership interests which are prescribed in clause 1, 2, 4, 5 and 6 of Article 46 herein.

2. If the representative of state ownership interests is not young enough to serve in the entire tenure of the Board of Directors or the Governing Board in an enterprise, then the renewed term of office as the representative of state ownership interests shall extend to the due date on which his/her full retirement age is reached.

Article 50. Processes and procedures for re-designation as representatives of state ownership interests

1. Within at least 90 days before the expiry of the term of office as the representative as legally prescribed, the representative of state ownership interests prepares a self-reflection and self-assessment of his/her performance of functions and tasks within the limitation period of designation as the representative for submission to the representative agency.

2. The representative agency consults with the same-level Party committee about the personnel recommended for re-designation as the representative of state ownership interests.

3. The representative agency considers giving conclusions about issues that may arise, enters into the discussion and decides to re-designate the representative of the state ownership interests.

In case where the representative of state ownership interests is not re-appointed, the representative agency shall be responsible for cooperating with the enterprise supervised by the representative in placing him/her in other position, or pay compensation or benefit package to him/her as prescribed by laws.

Article 51. Documentation requirements for re-designation as representatives of state ownership interests

1. The request form for re-designation or nomination as the representative of state ownership interests which is signed by the head of the relevant competent agency or organization.

2. The biodata completed by each of the 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.

3. The statement of self-reflection and self-assessment of his/her performance of responsibilities, functions and duties during the time of holding the position as the representative of state ownership interests.

4. Assessment opinions and comments of the representative agency.

5. The competent Party committee’s conclusion regarding political standards.

6. Assessment opinions and comments 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 health certificate issued by the relevant competent healthcare establishment less than 06 months ago.