Chương VI Nghị định 87/2015/NĐ-CP: Khen thưởng và xử lý vi phạm

Chapter VI

REWARD AND VIOLATION RESOLUTION

Article 46. Reward for enterprise’s managers

1. On an annual basis, based on the level of task fulfillment, enterprise’s managers shall be entitled to rewards financed by the fund for rewards for managers as follows:

a) Outstanding task fulfillment: reward amount equals to 1.5 month’s earned salary paid to an enterprise’s manager;

b) Task fulfillment: reward amount equals to 01 month’s earned salary paid to an enterprise’s manager;

c) Failure to fulfill tasks: No reward is provided.

2. The permitted amount set aside and used for the fund for rewards for enterprise’s managers, authority to decide the amount of reward for enterprise's managers shall be governed under the Government’s regulations and the guidance of the Ministry of Finance.

Article 47. Violation resolution and disciplinary action

1. Enterprise’s managers:

The representative agency shall measure the level of loss or damage to state capital invested in enterprises, and make its decision on disciplinary actions to be taken, including reprimand, warning, salary level lowering, dismissal or discharge; decide on the salary level and other benefits granted to enterprise's managers if they commit violations against the following regulations:

a) Fail to submit or submit incomplete or untimely reports in accordance with regulations set out by competent authorities and the representative agency; inaccurate and insufficient information provided in these reports;

b) Fail to disclose financial information in a timely manner and in conformity with regulated contents;

c) Fail to implement or duly implement  directions, recommendations or resolutions of the representative agency and the financial institution.

2. The representative person

The representative agency shall impose disciplinary actions against violations within its jurisdiction committed by the representative person in enterprises appointed or authorized by the representative agency if (s)he commit the following violations:

a) Fail to submit or submit incomplete or untimely reports in accordance with regulations set out by competent authorities and the representative agency;

b) Fail to carry out the honest and complete assessment of effectiveness in state capital investment in enterprises.

3. The representative agency

a) Competent authorities shall consider and decide disciplinary actions such as reprimand, warning, discharge and dismissal in accordance with the Law on Public Servants and Civil Servants to be taken against related individuals or organizations during the process of performing duties assigned by the representative agency if this agency commits one of the following violations:

- Fail to provide rating criteria in writing in conformity with the time limit laid down in this Decree.

- Fail to duly implement regulations on financial supervision over enterprises established under its decision or assigned to be managed under its authority.

- Fail to provide timely solutions to correcting and handling violations against regulations on corporate financial management or fail to report to superior-level authorities and regulatory agencies for corporate finance in case of violations against laws on corporate finance.

- Fail to submit corporate financial statements to the financial institution to meet the deadline or contents stipulated herein.

- Fail to organize the implementation of the guidance provided by the Government, the Prime Minister and the recommendations offered by financial institutions, inspection, examination and audit bodies on the handling of defaults or violations as well as of measures to intensify the corporate financial supervision.

- Fail to make an honest report on the result of financial supervision over enterprises established under its decision or assigned to be managed under its authority.

b) Where the representative agency commits violations against regulations laid down in Point a of this Clause, the Ministry of Finance is obliged to report to the Prime Minister to approve any disciplinary action in accordance with laws.

4. State enterprises: Annually post the list of enterprises which commit the following acts of violation on the website of the representative agency and send it to the Ministry of Finance before June 30 of the successive year:

a) Disclose information later than 20 days as against the time limit stipulated in this Decree;

b) Submit the report used for assisting in the work of financial supervision to the representative agency or the report on assessment and rating of enterprises later than 20 days as against the time limit stipulated in this Decree.

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