5 forms of discipline for state-owned enterprise leaders

Decree No. 97/2015/ND-CP stipulatesThere are five forms of discipline for state-owned enterprise managers: reprimand, warning, demotion, dismissal, and forced resignation.

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In which, the form of disciplinereprimandApplicable to business managers who abuse their positions and powers to use capital and assets of corporations, general companies, and companies for their own personal gain and that of others, or illegally use public assets...

Disciplinary actionwarningApplicable to business managers who make decisions, direct, and manage to lose state capital or capital of corporations, general companies, and companies; decide on ineffective investment projects, cannot pay debts; do not ensure salaries and other regimes for employees in corporations, general companies, and companies according to the provisions of law...

Also according to the Decree, disciplinary measuresdemotionApplicable to business managers who fail to complete assigned tasks, causing serious consequences for reasons not approved by competent authorities; or business managers who take advantage of their work position, intentionally violate the law for personal gain...

Disciplinary actiondismissApplicable to business managers who commit one of the following violations of law:

1- Using illegal documents to be appointed to a position.

2- Groups, corporations, and companies that fail to fulfill annual planning goals and targets, fail to preserve and develop investment capital as required by competent authorities without explaining objective reasons or explaining the reasons but not being approved by competent authorities.

3- Prosecuted and found guilty by the Court.

4- Dishonesty in exercising rights and obligations or abusing position, position, using assets of the group, corporation, or company for personal gain or to serve the interests of other organizations or individuals.

5- Very serious violations of the provisions of the law on anti-corruption; practicing thrift, combating waste; gender equality; preventing and combating prostitution and other relevant provisions of the law.

6- Letting a corporation, general corporation, or company go bankrupt without filing a bankruptcy petition; allowing a corporation, general corporation, or company to be reorganized, dissolved, or converted to ownership without carrying out procedures for reorganization, dissolution, or conversion of ownership without a reason approved by a competent authority.

In cases where a business manager is sentenced to imprisonment without a suspended sentence; is addicted to drugs with confirmation from a competent health authority; makes decisions, directs, or manages the corporation, general corporation, or company to make losses or embezzle state capital, causing serious consequences; commits particularly serious violations of the provisions of the law on anti-corruption... disciplinary action will be applied.forced to quit.

The Decree clearly states that each violation of the law shall be subject to only one form of disciplinary action. If a business manager commits multiple violations of the law, he/she shall be subject to disciplinary action for each violation and a disciplinary action one level more severe than the disciplinary action applied to the most serious violation shall be applied, except in cases where the violation is subject to disciplinary action in the form of forced dismissal.

In case the enterprise manager continues to commit a violation of the law during the period of execution of the disciplinary decision, the following disciplinary measures shall be applied: If the violation of the law is subject to a disciplinary measure lighter than or equal to the disciplinary measure currently being executed, a disciplinary measure one level more severe than the disciplinary measure currently being executed shall be applied; if the violation of the law is subject to a disciplinary measure more severe than the disciplinary measure currently being executed, a disciplinary measure one level more severe than the disciplinary measure applied to the new violation of the law shall be applied.

According to Chinhphu.vn