What are cases of relieve of duty for Chairman and Members of the construction-related Administrative Council in Vietnam from September 9, 2024?
What are procedures for relieve of duty for Chairman and Members of the construction-related Administrative Council in Vietnam from September 9, 2024?
Based on Clause 2 Article 9 Circular 03/2024/TT-BXD stipulating the sequence and procedures for dismissing the Chairman and members of the Administrative Council as follows:
In case of a lawful proposal for the dismissal of the Chairman of the Management Council, the Vice Chairman of the Administrative Council (if any) or the Secretary of the Administrative Council will preside over the meeting; the meeting must ensure the ratio and composition of participation, and the voting ratio as prescribed by law.
In case of simultaneous dismissal of the Chairman, Vice Chairman, and Secretary of the Management Council, the head of the public service provider shall report to the competent authority as stipulated in Clause 3 Article 8 Circular 03/2024/TT-BXD to decide on organizing the meeting.
According to Clause 3 Article 8 Circular 03/2024/TT-BXD stipulating the authority of the Chairman and other members of the Administrative Council as follows:
Standards and Conditions for Members and Chairman of the Management Council
...
3. Authority to appoint the Chairman and other members of the Management Council.
The Chairman and other members of the Administrative Council are appointed by the head of the authority that approves the self-governing Scheme of the public service provider.
Thus, the Chairman and other members of the Administrative Council are appointed by the head of the authority competent to appoint the Chairman and other members of the Management Council.
The Administrative Council is responsible for considering and submitting to the competent authority stipulated in Clause 3 Article 8 Circular 03/2024/TT-BXD the dismissal of the members of the Management Council, dismissing the Chairman of the Management Council, and sending the dossier to the competent authority for a decision.
The application dossier includes: (1) The proposal stating clearly the reasons for dismissal; (2) The minutes of the Administrative Council meeting; (3) Other related documents (if any).
What are cases of relieve of duty for Chairman and Members of the construction-related Administrative Council in Vietnam from September 9, 2024? (Internet image)
What are cases of relieve of duty for Chairman and Members of the construction-related Administrative Council in Vietnam from September 9, 2024?
Based on Clause 1 Article 9 Circular 03/2024/TT-BXD stipulating the conditions for the relieve of duty for Chairman and Members of the construction-related Administrative Council in Vietnam in one of the following cases:
(1) Having a written request from the individual to resign from the Management Council;
(2) Being restricted in civil act capacity;
(3) Health is not sufficient to undertake the assigned work, having taken leave for more than 06 months with unrecovered labor capacity;
(4) Being convicted by a court with a legally effective sentence;
(5) Having more than 50% of the total members of the Administrative Council propose in writing for dismissal;
(6) Retiring, resigning, transferring to another job, or being assigned another task by the competent authority that is inconsistent with the provisions of Clauses 1 and 2 Article 5 Circular 03/2024/TT-BXD
(7) Having two consecutive years rated as not completing tasks;
(8) Other violations as prescribed in the regulations on organization and operation of the unit, the regulations on the activities of the Management Council.
What are regulations on structure and Term of the construction-related Administrative Council in Vietnam?
Based on Article 5 Circular 03/2024/TT-BXD stipulating the structure and term of the construction-related Administrative Council in Vietnam as follows:
- The structure of the Administrative Council includes:
+ Representatives from the superior management agency of the public service provider include representatives from ministries, ministerial-level agencies, government-affiliated agencies, organizations established by the Government of Vietnam, Prime Minister of the Government of Vietnam that are not public service providers, People's Committees at provincial level, and the directly superior management agency (if any); working part-time;
+ The head of the public service provider;
+ Officials of the public service provider;
+ Representatives of related organizations or units.
- The number of members of the Administrative Council ranges from 05 to 11 members, including the Chairman of the Management Council, Secretary of the Management Council, and other members of the Management Council.
Depending on the task requirements, the Administrative Council may include a Vice-Chairman. The number and structure of members of the Administrative Council of each specific public service provider are decided by the head of the authority that approves the self-governing Scheme of the public service provider.
The Chairman and members of the Administrative Council are selected and appointed by the head of the authority that approves the self-governing Scheme of the public service provider from the leadership of the public service provider or the superior management agency of the public service provider.
The Vice-Chairman (if any), Secretary, and other members of the Administrative Council are appointed by the head of the authority that approves the self-governing Scheme of the public service provider.
- The term of the members of the Administrative Council is not more than 05 years.
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