Chương VII Nghị định 159/2020/NĐ-CP: Từ chức, miễn nhiệm và thôi làm đại diện phần vốn nhà nước

Chapter VII

RESIGNATION, DISMISSAL AND DISCHARGE FROM OFFICE AS REPRESENTATIVES OF STATE OWNERSHIP INTERESTS

Article 52. Resignation

1. Competent authorities may consider accepting the resignation as executives of state enterprises or comptrollers in one of the following cases:

a) Voluntarily resigning from leadership positions to be transferred;

b) They themselves are aware that they fail to meet conditions, requirements or attain fitness to complete the assigned tasks, or their appointments are inappropriate;

c) They resign for personal reasons.

2. Enterprise’s executives or comptroller shall be prohibited from resignation in one of the following cases:

a) As being in charge of national defense and security tasks; important and confidential missions; the tasks of preventing natural disasters and epidemics, their resignation will seriously affect the common interests;

b) They are subject to inspection, examination or investigation by competent authorities under regulations of the Party and laws.

3. Processes for considering approval of resignation:

a) Within 10 days of receipt of resignation applications from an executive of state-owned enterprise or comptroller, the counseling agency or the company leadership must meet with the personnel filing resignation applications. If the application is withdrawn, the consideration process shall be halted; in case the application is not withdrawn, the counseling agency shall consider giving recommendations about such resignation to competent authorities under the respective delegated authority of cadre management;

b) Within 15 days from the date on which the counseling agency gives a written proposal, the company leadership or the representative agency must enter into the discussion and vote on the resignation by casting secret ballots. The decision to approve the resignation of the executive of state-owned enterprise or the comptroller must be agreed upon by more than 50% of all members of the leadership or the representative agency; if 50% of votes for such resignation is received, the head of the representative agency or the President of the Board of Directors or the Company President shall have the casting vote.

4. When the resignation application has not been accepted by the competent authority, the executive or the comptroller must continue performing their assigned functions, duties and powers.

5. After obtaining the decision to approve the resignation, the state-owned enterprise executive or comptroller must be placed in a post connected with their capacity, forte, qualifications, expertise and professional skills obtained after completion of training courses; may be entitled to receive wages and salaries paid for the position and title according to current regulations until their term of office is expired.

Article 53. Dismissal

1. Competent authorities may consider accepting the dismissal from office as executives of state enterprises or comptrollers in one of the following cases:

b) No longer meet eligibility criteria and requirements imposed on executives of state enterprises under laws;

b) Rated as failure to complete their performance or incomplete performance for two consecutive years;

c) Disciplined to the extent that they are not removed from office, but need to make personnel changes;

d) Disciplined in the form of reprimand or warning twice during the same term of appointed office;

dd) It is established by the competent authority that they are in breach of the Party’s regulations on internal political protection;

e) They are dismissed from office for other reasons stated in the regulations of the Party and laws.

2. Procedures for consideration of dismissal from office as executives of state enterprises, comptrollers:

a) When there are sufficient grounds for dismissal from office as specified in Clause 1 of this Article, the counseling agency shall submit the proposal for such dismissal to the competent authority under their delegated authority of cadre management;

b) Within 30 days from the date on which the counseling agency gives a written proposal for dismissal, the company leadership or the representative agency must enter into the discussion and vote on such dismissal by casting secret ballots. The decision to dismissal from office as the executive of state-owned enterprise or the comptroller must be agreed upon by more than 50% of all members of the leadership or the representative agency; if 50% of the votes for such dismissal is received, the head of the representative agency or the President of the Board of Directors or the Company President shall have the casting vote.

3. The executive of state-owned enterprise or the comptroller who is dismissed from office shall not be entitled to wages or salaries specific to their positions and titles from the effective date of the dismissal decision. After being dismissed from office, the state-owned enterprise executive or comptroller must be placed in a proper post by the competent authority. In that situation, he/she must abide by the assignment decisions of the competent authority. In case of dismissal due to the rating according to which he/she has failed to complete his/her assigned tasks for two consecutive years, the competent authority can terminate his/her term of office according to the provisions of laws.

4. Settlement of complaints or denunciations relating to dismissal from office

a) The settlement of complaints and denunciations related to the dismissal from office as the executive of state enterprise or the comptroller must conform to the Party's regulations, the Law on Complaints and the Law on Denunciations;

b) While decisions to settle complaints or denunciations are not available, organizations and individuals concerned must execute the decisions on dismissal from the relevant competent authorities;

c) Within 30 days after having sufficient grounds to conclude that the dismissal from office is wrong, the competent authority must issue a decision to reinstate the wrongly dismissed person in the previous position and give back legitimate interests related to the former position of the state-owned enterprise executive or the comptroller.

Article 54. Termination of term of office as representatives of state ownership interests

1. Competent authorities shall consider terminating the term of office as a representative of state ownership interests in one of the following cases:

a) Submit an application for termination of the term of office as the representative of state ownership interests before the expiration of his/her term of office and obtain approval from the representative agency;

b) The owner's capital at the corporation, incorporation or company where he/she is representing the owner is no longer left;

c) No longer meet eligibility criteria and requirements imposed on representatives of state ownership interests under laws;

d) Rated as failure to complete their performance or incomplete performance for two consecutive years;

dd) Disciplined in the form of reprimand or warning twice during the same term of appointed office as the representative of state ownership interests;

e) It is established by the competent authority that they are in breach of the Party’s regulations on internal political protection;

g) His/her term of office as the representative of state ownership interests is terminated for the other reasons prescribed by the Party’s regulations and laws.

2. Procedures for consideration of termination of term of office as a representative of state ownership interests:

a) Within 10 days of receipt of the application for termination of term of office as the representative of state ownership interests before the expiry of the term of office or if there are sufficient grounds for the termination of term of office as the representative of state ownership interests specified in Clause 1 of this Article, the counseling agency shall submit the proposal for such termination to the relevant competent authority under its delegated authority of cadre management;

b) Within 30 days of receipt of the written proposal of such termination from the counseling agency, the representative agency must enter into the discussion and vote on such termination of term of office by casting secret ballots. The decision to terminate the term of office as the representative of state ownership interests must be agreed upon by more than 50% of all members of the company leadership; if 50% of the votes for such termination is received, the head of the representative agency shall have the casting vote.

3. After termination of term of office as the representative of state ownership interests, the relevant competent authority must place them in a proper post. In that situation, he/she must abide by the assignment decision of the competent authority. If he/she voluntarily applies for retirement or termination of term of office, their retirement benefits shall be granted in accordance with applicable regulations. In case of termination of term of office as the representative of state ownership interests due to the rating according to which he/she has failed to complete his/her assigned tasks for two consecutive years, the relevant competent authority can terminate his/her term of office according to the provisions of laws.

4. Settlement of all complaints and denunciations relating to the termination of term of office as the representative of state ownership interests:

a) Settlement of all complaints and denunciations relating to the termination of term of office as the representative of state ownership interests shall be subject to regulations of the Party, the Law on Complaints and the Law on Denunciations;

b) While decisions to settle complaints or denunciations are not available, organizations and individuals concerned must execute the decisions on termination of term of office as representatives of state ownership interests from the relevant competent authorities;

c) Within 30 days after having sufficient grounds to conclude that the termination of term of office is wrong, the relevant competent authority must issue a decision to reinstate the wrongly dismissed person in the previous position and give back legitimate interests related to the former position of the representative of state ownership interests.

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