Vietnam: When will members of the Board of Directors of public administrative units in the financial sector be dismissed?
- What criteria is for members of the Management Council in Vietnam of public administrative units in the field of Finance?
- When were members of the Board of Directors in Vietnam of public administrative units in the financial sector dismissed?
- What are the order and procedures for the dismissal of members of the Management Council of public administrative units in the field of finance in Vietnam?
What criteria is for members of the Management Council in Vietnam of public administrative units in the field of Finance?
According to the provisions of Clause 1, Article 14 of Circular 11/2023 / TT-BTC as follows:
Membership standards and authority to appoint members of the Management Council in Vietnam
1. Standards of members of the Management Council
a/ Having good political qualities, lifestyle ethics and sense of discipline.
b/ Having sufficient health to fulfill assigned tasks and duties.
c/ Having a university degree or higher.
d) Not during the period of observance of the disciplinary decision or during the period of being considered for disciplinary action as prescribed by law.
dd) The guaranteed age to reach the working age of at least 01 term (05 years).
Accordingly, members of the Management Council in Vietnam of public administrative units in the financial sector must meet the following standards:
- Have good political qualities, lifestyle ethics and sense of discipline.
- Be healthy enough to complete assigned duties and duties.
- Have a university degree or higher.
- Not during the period of observance of the disciplinary decision or during the period of disciplinary consideration in accordance with the provisions of law.
- Guaranteed age to reach the working age of at least 01 term (05 years).
In addition, Clause 3, Article 14 of Circular 11/2023/TT-BTC stipulates that members of the Management Council shall be appointed by the head of a competent agency approving the autonomy scheme of a public non-business unit.
Vietnam: When will members of the Board of Directors of public administrative units in the financial sector be dismissed?
When were members of the Board of Directors in Vietnam of public administrative units in the financial sector dismissed?
According to the provisions of Clause 1, Article 15 of Circular 11/2023 / TT-BTC as follows:
Dismissal of the Chairman and Members of the Management Council
1. Conditions for dismissal fall into one of the following cases:
a) There is a written request from the individual to resign from participating in the Management Council.
b/ Being limited in civil act capacity.
c) Health is not capable of performing the assigned job, has taken more than 06 months off but the working capacity has not recovered.
d/ To be convicted by a court by a legally enforceable sentence.
d) More than 50% of the total number of members of the Management Council make written proposals for dismissal.
e) Retirement, severance, transfer of another job or other competent authority to arrange work not in accordance with the provisions of Clauses 1 and 2, Article 5 of this Circular.
g) Have 02 consecutive years of being classified as not completing tasks.
h) Other violations specified in the regulations on organization and operation of the unit, the operation regulations of the Management Council.
Accordingly, a member of the Management Council shall be dismissed when falling into one of the following cases:
- There is a written request from the individual to resign from participating in the Management Council.
- Limited civil act capacity.
- Health is not capable of performing the assigned job, has taken more than 06 months off but the working capacity has not recovered.
- Convicted by the Court by a legally enforceable sentence.
- More than 50% of the total number of members of the Management Council make written recommendations for dismissal.
- Retirement, severance, transfer of other jobs or other competent authorities to arrange work not in accordance with the provisions of Clause 1, Clause 2, Article 5 of Circular 11/2023 / TT-BTC.
- Have 02 consecutive years of being classified as not completing the task.
- Other violations specified in the organizational and operation regulations of the unit, the operation regulations of the Management Council.
What are the order and procedures for the dismissal of members of the Management Council of public administrative units in the field of finance in Vietnam?
According to the provisions of Clause 2, Article 15 of Circular 11/2023 / TT-BTC as follows:
Dismissal of the Chairman and Members of the Management Council
...
2. Order and procedures for dismissal of the Chairman of the Management Council and members of the Management Council
In case there is a lawful proposal for the dismissal of the Chairman of the Management Council, the Vice Chairman of the Management Council (if any) or the Secretary of the Management Council shall preside over the settlement meeting; the meeting must ensure the proportion and composition of participants, the voting rate as prescribed by law, Point a, Clause 2, Article 16 and Clause 1, Article 18 of this Circular. In case of simultaneous dismissal of the Chairman of the Management Council, Vice Chairman of the Management Council, Secretary of the Management Council, the head of the public non-business unit shall report to the competent authority specified in Clause 3, Article 14 of this Circular to decide on the organization of the meeting.
The Management Council shall consider submitting to the competent authorities specified in Clause 3, Article 14 of this Circular the dismissal of members of the Management Council, dismissal of the Chairman of the Management Council and sending dossiers of request to competent authorities for decision-making. The application includes: (1) A written statement stating the reasons for dismissal; (2) Minutes of meetings of the Management Council; (3) Other relevant documents (if any).
Accordingly, for the dismissal of members of the Management Council of public administrative units, the Management Council shall consider submitting to competent authorities specified in Clause 3 Article 14 of Circular 11/2023/TT-BTC the dismissal of members of the Management Council, dismissal of the Chairman of the Management Council and sending dossiers of request to competent authorities for decision-making.
The dossier of application includes:
(1) A written statement stating the reasons for dismissal;
(2) Minutes of meetings of the Management Council;
(3) Other relevant documents (if any).
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