10 conditions for appointing leaders of state-owned enterprises

Decree No. 97/2015/ND-CPThe Government has just issued a regulation on the management of title and position holders at enterprises that are single-member limited liability companies in which the State holds 100% of the charter capital, which specifically stipulates 10 conditions for appointing enterprise managers.

The person holding the title or position at an enterprise which is a one-member limited liability company in which the State holds 100% of the charter capital, including: Chairman of the Board of Members; Chairman of the company; Member of the Board of Members; Controller; General Director; Deputy General Director; Director; Deputy Director; Chief Accountant.

Arranging mail for delivery at Nghe An Post Office. Photo by Thanh Duy

Regarding the authority to decide and appraise the contents of enterprise manager management, the Prime Minister decides on planning, appointment, reappointment, resignation, dismissal, transfer, rotation, reward, discipline, termination, retirement based on the proposal of the sector management ministry and appraisal opinion of the Ministry of Home Affairs for: Chairman of the Board of Members of the group; Chairman of the Board of Members, General Director of the State Capital Investment and Business Corporation.

The Decree also stipulates the authority to decide and appraise the management contents of enterprise managers of: Sector management ministries, provincial People's Committees; corporations, general companies, and companies under sector management ministries, provincial People's Committees; and the Ministry of Home Affairs.

Periodic shrimp inspection at the industrial shrimp farming area of ​​Intimex Joint Stock Company, Nghe An Branch. Photo by Huu Nghia

Conditions of appointment

The Decree specifically stipulates the term of office for a business manager. Specifically, the term of office for a business manager is 5 years; for a Controller, the term of office is 3 years.

In case the enterprise manager is transferred or appointed to a new position equivalent to the old position, the term of office shall be calculated from the effective date of the decision on transfer or appointment to the new position. In case the management position is changed due to a change in the enterprise name, the term of office shall be calculated from the date of the decision on appointment to the old position (old name of the enterprise).

According to the Decree, there are 10 conditions for appointing a business manager, including:

1- Meet the general standards of the Party, State and the standards of the position issued by the competent authority.

2- Planned for an appointment position for local human resources or planned for a position equivalent to the appointment position for human resources from elsewhere.

3- Have complete personal records that have been assessed, verified and confirmed by competent authorities.

4- Within the age for appointment: Must be old enough (in months) to work for at least 1 term of a management position as of the date the competent authority signs the approval of the appointment policy; in the case where a business manager is assigned to a new position equivalent to or lower than the current position due to work requirements, the age for appointment will not be counted; in the case where a business manager is assessed as failing to complete his/her duties or is disciplined from reprimand to demotion or is dismissed or resigns for violating discipline or the law, after 1 year from the date the competent authority assesses him/her as failing to complete his/her duties or from the date the decision on discipline, resignation or dismissal takes effect (including discipline due to previous violations that have only recently been discovered and a disciplinary decision has just been issued), if considered and proposed for appointment to a management position, he/she must be old enough (in months) to work for at least 1 term of a management position as of the date the competent authority signs the approval of the appointment policy.

5- Have sufficient health to complete the assigned tasks as certified by a competent health authority. The time of health certification to the date of submission of documents to the staff organization advisory agency must not exceed 6 months.

6- Not in cases prohibited from holding positions according to the provisions of law.

7- Not currently serving disciplinary action from reprimand or above.

8- Not under consideration for disciplinary action, investigation, prosecution or trial.

9- In case the proposed personnel for appointment is under inspection or examination by a competent authority, the competent authority deciding on the appointment shall discuss with the head of the inspection or examination team before the appointment.

10- In addition to the above conditions, the appointment of Controllers and Chief Accountants must also comply with relevant legal provisions.

According to Chinhphu.vn