Procedures for the appointment of leaders of a state-owned enterprise decided by the Prime Minister of Vietnam

Article 32 of Decree 159/2020/ND-CP stipulates the processes and procedures for the appointment of personnel under the Prime Minister of Vietnam's decision-making authority:

1. Steps in appointing local or intramural personnel shall be as follows:

a) The enterprise’s leadership enters into a discussion and submits the proposal regarding appointment needs to the representative agency;

b) The representative agency sends the Prime Minister of Vietnam the petition for consent to the personnel policy, quantity and proposed work assignments of the requested appointee-to-be and, concurrently, sending it to the Ministry of Home Affairs for its appraisal;

c) The Ministry of Home Affairs appraises and reports to the Prime Minister of Vietnam to seek his decision on the appointment policy;

d) Within 15 days of receipt of the Prime Minister of Vietnam’s written consent to the appointment policy, the representative agency must preside over and cooperate with the Board of Directors or the Company President in carrying out the personnel selection process as legally prescribed; in case of any issue or problem arising, the Prime Minister of Vietnam must be informed of this;

dd) The representative agency must report to the Prime Minister of Vietnam and, concurrently, sending a written statement and documentation of appointment to the Ministry of Home Affairs for its review;

e) The Ministry of Home Affairs appraises and reports to the Prime Minister of Vietnam to seek his appointment decision after obtaining unanimous opinions from the Government’s Party Staff Committee.

2. Steps in appointing extramural or external personnel shall be as follows:

a) The representative agency submits the petition for approval of the personnel secondment, transfer and appointment policy to the Prime Minister of Vietnam and concurrently sending it to the Ministry of Home Affairs for its appraisal;

b) Ministry of Home Affairs appraises and seeks the Prime Minister of Vietnam’s decision on the transfer, secondment and appointment policy;

c) Within 15 days of receipt of the Prime Minister of Vietnam’s written consent to the transfer, secondment and appointment policy, the representative agency must take charge of carrying out the personnel appointment process as legally prescribed; in case of any issue or problem that arises, the Prime Minister of Vietnam must be informed of this;

d) The representative agency must report to the Prime Minister of Vietnam and, concurrently, sending a written statement and documentation of appointment to the Ministry of Home Affairs for its review;

dd) Ministry of Home Affairs appraises and reports to the Prime Minister of Vietnam to seek his appointment decision after obtaining unanimous opinions from the Government’s Party Staff Committee.

3. With respect to appointment to the title of the General Director of the enterprise under the founding competence of the Prime Minister of Vietnam as provided in Clause 4 of Article 5 herein:

a) The President of the Board of Directors takes charge of carrying out the personnel selection process under applicable regulations, and reporting to the representative agency;

b) The representative agency must report to the Prime Minister of Vietnam and, concurrently, sending a written statement and documentation of appointment to the Ministry of Home Affairs for its appraisal;

c) The Ministry of Home Affairs appraises and reports to the Prime Minister of Vietnam to seek his opinions before the relevant competent authority decides the appointment.

Sincerely!