What are criteria and conditions for appointing the Chairman of the Management Board in a public non-business unit in the field of culture and family in Vietnam?

What are criteria and conditions for appointing the Chairman of the Management Board in a public non-business unit in the field of culture and family in Vietnam?

Pursuant to Article 4 of Circular 11/2022/TT-BVHTTDL (effective from January 1, 2023) stipulating criteria and conditions for appointing the Chairman of the Management Board in a public non-business unit in the field of culture and family in Vietnam as follows:

1. Satisfy the criteria and conditions for appointment of members of the Management Board as prescribed in Article 3 of this Circular.

2. Have the management capacity and meet the conditions and standards of the head of the public non-business unit according to the provisions of law and regulations of the competent authorities.

What are regulations on appointing the Chairman of the Management Council in public non-business units in the field of culture and family in Vietnam?

Pursuant to Article 5 of Circular 11/2022/TT-BVHTTDL (effective from January 1, 2023) stipulating regulations on appointing the Chairman of the Management Council in public non-business units in the field of culture and family in Vietnam as follows:

1. Members of the Management Board, the Chairman of the Management Council shall be appointed by the head of the agency competent to approve the autonomy scheme of the public non-business unit.

2. The term of office of a member of the Management Board or the Chairman of the Management Board shall not exceed 5 years.

3. The order and procedures for appointing members of the Management Board and the Chairman of the Management Board shall comply with the provisions of law and regulations of the competent authorities.

What are regulations on the removal of the Chairman of the Management Council in the public non-business unit in the field of culture and family in Vietnam?

Pursuant to Article 6 of Circular 11/2022/TT-BVHTTDL (effective from January 1, 2023) stipulating regulations on the removal of the Chairman of the Management Council in the public non-business unit in the field of culture and family in Vietnam as follows:

1. The dismissal of a member of the Management Board or the Chairman of the Management Board is carried out in the following cases:

a) There is a written request from an individual who voluntarily withdraws from participating in the Management Board and is approved by a competent authority;

b) More than 50% of the total number of members of the Management Council make a written request for dismissal;

c) Being disciplined, warning or reprimanding, but his reputation is reduced, he cannot hold the assigned position;

d) Being disciplined, reprimanded or warned twice within the same appointment period;

dd) Having two consecutive years of being rated at the level of not completing the task;

e) Being concluded by a competent authority to be degraded in terms of political ideology, morality, lifestyle, "self-evolution", "self-transformation"; violate what party members are not allowed to do; violate the responsibility to set an example, adversely affect the reputation of themselves and the unit where they are working;

g) Violating other regulations specified in the regulations on organization and operation of public non-business units, the operation regulations of the Management Council;

h) Change to another job or retire or quit;

k) Other cases as prescribed by law and by the agency competent to appoint members of the Management Board, the Chairman of the Management Board.

2. The Management Board is responsible for considering and deciding on the dismissal of members of the Management Board, the Chairman of the Management Board and sending a dossier to request the appointing authority for a decision on dismissal.

3. Dossier of request for dismissal:

a) A written request for dismissal from the Management Board, clearly stating the reason for the dismissal and the individual's written request to stop joining the Management Board in the case specified at Point a, Clause 1 of this Article;

b) A document of the immediate superior management agency of the public non-business unit requesting the dismissal of a member of the Management Council (if there is a direct superior unit);

c) Resolution, Minutes of the meeting of the Management Board;

d) Opinions in writing from the Party Committee of the same level on the dismissal of a member of the Management Board;

dd) Other relevant documents and documents (if any).

4. The head of the agency competent to appoint members of the Management Board, the Chairman of the Management Council considers and decides on dismissal.

Best regards!