Conditions for appointment of members of the Board of Management of public service providers in the culture sector in Vietnam

On November 3, 2022, the Ministry of Culture, Sports and Tourism of Vietnam issued regulations on standards and conditions for the appointment and dismissal of members of the Board of Management and the chairman of the Board of Management in public service providers in the fields of culture, family, sports, and tourism.

The Circular stipulates the standards for the appointment of members of the Board of Management and the dismissal of members of the Board of Management as follows:

Standards and Conditions for the Appointment of Members of the Board of Management in Vietnam

- Must be officials and public employees under the management of the authority establishment of the Board of Management.

- Must have good political qualities, ethics, good reputation, and sufficient health to perform assigned duties and responsibilities.

- Must have a professional level of university or higher in a field relevant to the assigned tasks.

- Must have experience in management, and professional work under the functions and duties of the public service provider.

- Must have sufficient health to complete the assigned tasks.

- Must not be under disciplinary action, not under any process related to the disciplinary regulations stipulated in Article 82 of the Law on Officials and Public Employees (amended and supplemented at clause 17 of Article 1 of the Amended Law on some articles of the Law on Officials and Public Employees and the Law on Public Employees), or Article 56 of the Law on Public Employees (amended and supplemented at clause 8 of Article 2 of the Amended Law on some articles of the Law on Officials and Public Employees and the Law on Public Employees).

- Officials and public employees proposed for the first-time appointment as members of the Board of Management must have at least 5 years of actual working time remaining from the time of carrying out the appointment process; in special cases, report to competent authorities for appointment considerations and decisions.

- Must not be the spouse, parent, child, sibling of the head, deputy head, or chief accountant of the public service provider.

- Other standards and conditions according to the regulations of authorities competent to decide the appointment of members of the Board of Management, the chairman of the Board of Management.

Dismissal of Members of the Board of Management and Chairman of the Board of Management in Vietnam

- Dismissal of members of the Board of Management, chairman of the Board of Management is carried out in the following cases:

+ There is a written request of the individual to voluntarily withdraw from the Board of Management and it is approved by competent authorities;

+ More than 50% of the total members of the Board of Management submit a written proposal for dismissal;

+ Being disciplined with a warning or reprimand, but reputation declines and cannot continue to perform the assigned position;

+ Being disciplined with a reprimand or a warning twice during the same appointment period;

+ Having two consecutive years rated at the level of not completing tasks;

+ Being concluded by competent authorities to have experienced a degradation in political ideology, ethics, lifestyle, “self-evolution”, “self-transformation”; violating the prohibitions for party members; breaching the responsibility to set an example, negatively affecting the reputation of themselves and the units where they are working;

+ Violating other regulations stipulated in the organizational and operational regulations of the public service provider, and the operational regulations of the Board of Management;

+ Transferring to other jobs or retiring, resigning;

+ Other cases as provided by law and by the authorities competent to appoint members of the Board of Management, chairman of the Board of Management.

- The Board of Management is responsible for considering and resolving the dismissal of members of the Board of Management, the chairman of the Board of Management and submitting the dismissal proposal to the competent authority to decide on the dismissal.

- The dismissal proposal dossier includes:

+ A document proposing the dismissal by the Board of Management, clearly stating the reasons for dismissal and the individual's written request to withdraw from the Board of Management in cases stipulated at point a, clause 1 of this Article;

+ A document from the direct supervising authority of the public service provider proposing the dismissal of a member of the Board of Management (if there is a direct supervising unit);

+ Resolution, Minutes of the meeting of the Board of Management;

+ Written comments of the level party committee on the dismissal of members of the Board of Management;

+ Other related documents and materials (if any).

- The head of the authority competent to appoint members of the Board of Management, the chairman of the Board of Management considers and decides the dismissal.

Respectfully!

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