Vietnam: Dismissing a member of the Management Council of public administrative units in the judicial domain when more than 50% of its members motion?
- What is the process of dismissing members of the Management Council of public administrative units in the judicial domain in Vietnam?
- Dossiers for dismissal of members of the Management Council of public administrative units in the judicial domain include which components?
- What competent to decide on the dismissal of members of the Management Council of public administrative units in the judicial domain in Vietnam?
Is it required for more than half of the members of the Management Council of the public administrative unit in the judicial domain to propose in written documents to dismiss a member in Vietnam?
Pursuant to Clause 1, Article 18 of Circular 04/2022/TT-BTP stipulates:
“Article 18. Dismissal of members of the Management Board
1. Dismiss a member of the Management Board in one of the following cases:
a) There is a written request from an individual to withdraw from the Management Board;
b) Having limited civil act capacity;
c) Not healthy enough to carry out the assigned work, had to take leave from work for treatment for more than 06 months but the working capacity has not yet recovered;
d) Being convicted by a court with a legally effective judgment;
dd) More than 50% of the total number of members of the Management Council make a written request for dismissal;
e) There are other violations prescribed in the regulations on organization and operation of the public non-business units, the operation regulations of the Management Council;
g) Change jobs or retire or quit.”
Thus, a member of the Management Council of a public non-business unit in the judicial domain will be relieved of duty when falling into one of the cases listed in accordance with the above provisions.
Accordingly, in the case of a written request for dismissal of a member of the Management Council of a public non-business unit in the judicial domain, the removal from office shall only be carried out when there are more than 50% of the total number of members of the Council. Manage written recommendations.
Vietnam: Dismissing a member of the Management Council of public administrative units in the judicial domain when more than 50% of its members motion?
What is the process of dismissing members of the Management Council of public administrative units in the judicial domain in Vietnam?
Pursuant to Clause 2, Article 18 of Circular 04/2022/TT-BTP stipulates:
“Article 18. Dismissal of members of the Management Board
...
2. When the Chairman or other members of the Management Board fall into one of the cases of dismissal, the Chairman or Vice-Chairman (if any) or the Secretary (in the case of dismissal of the Chairman and the Management Board) There is no Vice President) The Management Board shall hold a meeting of the Board to discuss, agree, consult the committee at the same level and send the dossier to the appraisal agency and report to the person competent to appoint members of the Council. management in Article 16 of this Circular to consider dismissing the Chairman or members of the Management Board.
For public non-business units under the direct management of superior units, the head of public non-business units shall send a dossier of request for dismissal to the immediate superior management agency for the appraisal agency to appoint members of the Management Board in Article 16 of this Circular shall consider dismissing the Chairman or members of the Management Board."
Accordingly, the dismissal of the chairman or members of the Management Council of the public non-business unit in the judicial domain shall comply with the above provisions.
Dossiers for dismissal of members of the Management Council of public administrative units in the judicial domain include which components?
Pursuant to Clause 3, Article 18 of Circular 04/2022/TT-BTP stipulates:
“Article 18. Dismissal of members of the Management Board
…
3. Dossier of request for dismissal:
a) A written request for dismissal from the Management Board, clearly stating the reason for the dismissal and the individual's written request to stop joining the Management Board in the case specified at Point a, Clause 1 of this Article;
b) A written request from the immediate superior management agency of the public non-business unit to dismiss the member of the Management Board (if there is a direct superior unit);
c) Resolution, Minutes of the meeting of the Management Board;
d) Opinions in writing from the Party Committee of the same level on the dismissal of a member of the Management Board;
dd) Other relevant documents and documents (if any).”
Accordingly, when dismissing a member of the Management Council of a public administrative unit in the judicial field, it is necessary to prepare a set of documents including the above-mentioned components.
What competent to decide on the dismissal of members of the Management Council of public administrative units in the judicial domain in Vietnam?
Pursuant to Clause 4, Article 18 of Circular 04/2022/TT-BTP stipulates:
“Article 18. Dismissal of members of the Management Board
…
4. The person competent to appoint members of the Management Board specified in Article 16 of this Circular considers and decides to dismiss members of the Management Board.”
According to this, the person competent to decide on the dismissal of members of the Management Council of public non-business units in the judicial domain is the person who appointed the members of the Management Council.
The above are regulations on the process of removing members of the Management Council of public non-business units in the judicial field according to Circular 04/2022/TT-BTP.
Circular 04/2022/TT-BTP comes into force from August 5, 2022.
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