Can a person who is currently an official working in the construction sector concurrently hold the title of President of the Members’ Council in Vietnam?
- Can a person who is currently an official working in the construction sector concurrently hold the title of President of the Members’ Council in Vietnam?
- The representative of an enterprise in the construction sector in which the State of Vietnam holds more than 50% of the charter capital may not concurrently hold which position?
- The manager of an enterprise in the construction sector in which the State of Vietnam holds less than 50% of the charter capital cannot concurrently hold which position?
Can a person who is currently an official working in the construction sector concurrently hold the title of President of the Members’ Council in Vietnam?
Pursuant to Article 5 of the Regulation promulgated together with Decision No. 552/QD-BXD in 2017 stipulating as follows:
Regulations on part-time
1. For enterprises in which the State of Vietnam holds 100% of charter capital
a) The person appointed to hold the position of President of the Members’ Council
- Not being cadres, civil servants or public employees;
In case cadres, civil servants and public employees are appointed to hold managerial positions, there must be a decision on transfer, job assignment (for cadres and civil servants) or to terminate the working contract (for public employees).
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b) Person appointed to hold the position of member of the Members’ Council
- Not being cadres, civil servants or public employees;
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c) Person appointed to hold the title of General Director, Deputy General Director
- Not being cadres, civil servants or public employees;
In case cadres, civil servants and public employees are appointed to hold managerial positions, there must be a decision on transfer, job assignment (for cadres and civil servants) or to terminate the working contract (for public employees).
...
Thus, according to regulations, the person appointed to hold the title of President of the Members’ Council is not concurrently a civil servant or public employee.
Can a person who is currently an official working in the construction sector concurrently hold the title of President of the Members’ Council in Vietnam?
The representative of an enterprise in the construction sector in which the State of Vietnam holds more than 50% of the charter capital may not concurrently hold which position?
Pursuant to Clause 2, Article 5 of the Regulation promulgated together with Decision No. 552/QD-BXD in 2017 stipulating as follows:
Regulations on part-time
...
2. For enterprises in which the State of Vietnam holds more than 50% of charter capital
a) Representative
- Not being cadres, civil servants or public employees;
In case cadres, civil servants and public employees are appointed as representatives, there must be a decision on transfer, job assignment (for cadres and civil servants) or termination of working contracts (for public employees). .
- Not concurrently acting as a representative in another corporation owned by the Ministry of Construction.
- Not to assign or re-authorize another person to represent for him/her to vote and decide on the contents assigned by the owner.
b) The President of the Board of Directors is not concurrently the General Director of the Corporation.
c) The President of the Board of Directors, General Director, Deputy General Director of the Corporation may concurrently be the capital representative of the Corporation to hold the position of President, member of the Members’ Council; President, members of the Board of Directors in subsidiaries, affiliated companies but not more than 03 units.
Representatives of enterprises in the construction sector in which the State of Vietnam holds more than 50% of the charter capital must not be cadres, civil servants or public employees;
In case cadres, civil servants and public employees are appointed as representatives, there must be a decision on transfer, job assignment (for cadres and civil servants) or termination of working contracts (for public employees).
At the same time, the representative may not concurrently act as a representative in another corporation owned by the Ministry of Construction.
- Not to assign or re-authorize another person to represent for him/her to vote and decide on the contents assigned by the owner.
In addition, the President of the Board of Directors is not concurrently the General Director of the Corporation.
And the President of the Board of Directors, General Director, Deputy General Director of the Corporation may concurrently be the capital representative of the Corporation to hold the position of President, member of the Members’ Council; President, members of the Board of Directors in subsidiaries, affiliated companies but not more than 03 units.
The manager of an enterprise in the construction sector in which the State of Vietnam holds less than 50% of the charter capital cannot concurrently hold which position?
Pursuant to Clause 3, Article 5 of the Regulation promulgated together with Decision No. 552/QD-BXD in 2017 stipulating as follows:
Regulations on part-time
...
3. For enterprises in which the State of Vietnam holds less than 50% of charter capital
a) Representative
- Not being an cadre, civil servant or public employee
In case cadres, civil servants and public employees are appointed as representatives, there must be a decision on transfer, job assignment (for cadres and civil servants) or termination of working contracts (for public employees). .
- Not concurrently acting as a representative in another corporation owned by the Ministry of Construction.
- Not to assign or re-authorize another person to represent for him/her to vote and decide on the contents assigned by the owner.
b) The President of the Board of Directors may concurrently be the General Director of the Corporation.
c) The President of the Board of Directors, General Director, Deputy General Director of the Corporation may concurrently be the capital representative of the Corporation to hold the position of President, member of the Members’ Council; President, members of the Board of Directors in subsidiaries, affiliated companies but not more than 03 units.
Thus, the representative of an enterprise must not be a cadre, civil servant or public employee.
In case cadres, civil servants and public employees are appointed as representatives, there must be a decision on transfer, job assignment (for cadres and civil servants) or termination of working contracts (for public employees).
At the same time, he/she is not allowed to concurrently act as a representative in another corporation owned by the Ministry of Construction.
- Not to assign or re-authorize another person to represent for him/her to vote and decide on the contents assigned by the owner.
On the other hand, the President of the Board of Directors may concurrently be the General Director of the Corporation.
- The President of the Board of Directors, the General Director, the Deputy General Director of the Corporation may concurrently act as the capital representative of the Corporation to hold the position of President or member of the Members’ Council; President, members of the Board of Directors in subsidiaries, affiliated companies but not more than 03 units.
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