What are the conditions for the person appointed to be the manager of an enterprise in which the State holds 100% of the charter capital of the Ministry of Construction of Vietnam?
- What are the conditions for the person appointed to be the manager of an enterprise in which the State holds 100% of the charter capital of the Ministry of Construction of Vietnam?
- Which agency will implement the process of dispatching and appointing construction staff as enterprise managers?
- What is included in the dossier for appointment of the manager of enterprise of the Ministry of Construction of Vietnam?
What are the conditions for the person appointed to be the manager of an enterprise in which the State holds 100% of the charter capital of the Ministry of Construction of Vietnam?
Pursuant to Article 7 of the Regulation issued together with Decision No. 552/QD-BXD in 2017 stipulating this issue as follows:
Conditions and criteria for appointment
1. For enterprises in which the State holds 100% of charter capital
a) Meet the general standards of the Party and State and the standards of titles promulgated by competent authorities.
b) Planned for the appointed title for on-site human resources or planned for a position equivalent to the appointed title for human resources from elsewhere.
c) Having sufficient personal dossiers appraised, verified and certified by competent authorities.
d) In the age of appointment
- Must be of age in months to work for at least 1 term of a management title by the date the competent authority signs and approves the appointment policy (age regulation).
- In case an enterprise manager is assigned to hold a new position equivalent to or lower than the current one, due to work needs, the appointment age shall not be calculated according to the above-mentioned age regulations.
- In case an enterprise manager is judged to have failed to fulfill his/her duties or is disciplined from reprimand to salary downgrade, or is dismissed or resigned because of a violation of discipline or law, after 01 year from the date of dismissal The competent authority evaluates the failure to complete the task or from the effective date of the decision on discipline, resignation or dismissal (including disciplinary actions due to previous violations, but until now, it has only been discovered and a disciplinary decision has been made), if being considered and proposed for appointment to a managerial position, the age conditions for appointment shall comply with the above-mentioned age regulations.
dd) Being healthy enough to complete the assigned tasks certified by a competent health agency. The time of health certification to the date of submission of documents to the advisory agency on personnel organization must not exceed 6 months.
e) Not falling into the cases of being banned from holding certain positions as prescribed by law.
g) Not in the period of disciplinary action from the form of reprimand or more.
h) Not being considered for disciplinary action, investigation, prosecution or trial.
i) In case the personnel proposed for appointment is in the period of inspection and examination by the competent authority, the level competent to decide on appointment shall discuss with the head of the inspection and examination team before appointment.
k) In addition to the conditions specified at Points a, b, c, d, dd, e, g, h and i, Clause 1 of this Article, the appointment of Supervisors and Chief Accountants must also comply with the provisions of relevant laws.
Thus, the person appointed as the manager of an enterprise in which the State holds 100% of the charter capital must satisfy the conditions specified above.
What are the conditions for the person appointed to be the manager of an enterprise in which the State holds 100% of the charter capital of the Ministry of Construction of Vietnam?
Which agency will implement the process of dispatching and appointing construction staff as enterprise managers?
Pursuant to Article 9 of the Regulation promulgated together with Decision No. 552/QD-BXD in 2017 stipulating as follows:
Regulations on dispatching (or receiving) and appointment
The deployment of the process of dispatching (or receiving) and appointing is organized by the Department of Personnel and Organization in accordance with the process; (in case of necessity, the Minister of Construction will appoint the Leader of the Ministry together with the Department of Organization and Personnel to implement):
1. Meeting with the person expected to be appointed to discuss work requirements and appointment needs.
2. Discussing and collecting opinions with the Leadership Collective, the Members' Council or the capital portion representative group and the party committee where the cadre is working on the assignment of appointment, find out the assessment of the staff and verify the background of the staff (if any).
3. Exchange and collect opinions of the Leadership Collective, the Members' Council or the capital portion and the party committee level of the application on the receipt and appointment of cadres.
4. Based on the results of working with the units, the Department of Organization and Personnel proposes sending units to give their opinions in writing, and at the same time submits to the Minister the official dispatch for opinions of the immediate superior party committee.
5. The Department of Personnel and Organization summarizes and appraises personnel files and submits them to the Minister for signing for a decision on dispatching, receiving and appointing an enterprise manager or representative.
Thus, the implementation of the process of dispatching (or receiving) and appointing is organized by the Department of Personnel and Organization in accordance with the above process.
In some necessary cases, the Minister of Construction will appoint the Leader of the Ministry together with the Department of Organization and Personnel to implement.
What is included in the dossier for appointment of the manager of enterprise of the Ministry of Construction of Vietnam?
Pursuant to Article 10 of the Regulation promulgated together with Decision No. 552/QD-BXD in 2017, the dossier for appointment of an enterprise manager provides for the following:
- The proposal and written consent of the Owner on the appointment policy.
- The proposal for appointment of the Members' Council together with comments of the Members' Council and the committee at the same level.
- Curriculum vitae (according to form 2C-BNV/2008 promulgated together with Decision No. 02/2008/QD-BNV dated October 6, 2008 of the Minister of Home Affairs, from the time of resume declaration to the time of submission with appointing authority for no more than 06 months) certified by the competent authority.
- Self-assessment and action plan if appointed by competent authorities.
- Conclusions of inspection, inspection and settlement of complaints and denunciations and related documents (if any).
- Certificate of being healthy enough to complete assigned tasks as prescribed.
- Copies of diplomas and certificates of training and professional qualifications.
- Declaration of assets as prescribed.
- Comments from the party committee or local government where the employee resides.
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