Establishment of Discipline Council for State-owned Enterprise Leaders: Regulations and Procedures
According to Article 66 of Decree 159/2020/ND-CP stipulates the establishment of the Disciplinary Council as follows:
Within 05 working days from the receipt of the report and the minutes of the meeting of the review, in cases where the violation requires disciplinary action, the competent authority for disciplinary action decides to establish a Disciplinary Council to advise on the application of disciplinary measures against the person who committed the violation, except as provided in Article 67 of this Decree.
The Disciplinary Council consists of 05 members including:
a) The Chairman of the Disciplinary Council is the Chairman of the Members' Council, the Chairman of the company, or the representative of the leadership of the owner's representative agency;
b) One member of the Disciplinary Council is a representative of the upper-level party committee of the enterprise's party committee (in case the upper-level party committee is a local party committee, this member of the Disciplinary Council is a representative of the local party committee) or a representative of the same level party committee as the owner's representative agency;
c) One member of the Disciplinary Council is a representative of the professional department of the enterprise related to the person under disciplinary consideration;
d) One member of the Disciplinary Council is a representative of the enterprise's trade union executive committee where the person under disciplinary consideration belongs;
e) The Secretary-cum-member of the Disciplinary Council is the person in charge of the advisory body of the enterprise where the person under disciplinary consideration belongs or the advisory body of the owner's representative agency.
It is not allowed to appoint the wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological child, adopted child; biological siblings; brothers-in-law; sisters-in-law or persons related to the law violations of the state enterprise manager, Controller, state capital representative who is under disciplinary consideration to participate as a member of the Disciplinary Council.
In cases where it is not possible to arrange participants for the Disciplinary Council as stipulated in Clause 2 of this Article due to the person having committed legal violations or being related to legal violations or being in the period of executing disciplinary decisions, the head of the owner's representative agency shall consider, decide on substitute personnel, or report to the Prime Minister for consideration and decision.
Respectfully!
