What are regulations on decision on the disciplinary action against leaders of state-owned enterprises in Vietnam?

What are regulations on decision on the disciplinary action against leaders of state-owned enterprises in Vietnam? - image from internet

Pursuant to Article 70 of the Decree 159/2020/ND-CP stipulating decision on the disciplinary action against leaders of state-owned enterprises in Vietnam:

1. Procedures for issuance of the sanction decision:

a) Within 05 working days from the date of end of the meeting, the disciplinary sanction committee must propose the disciplinary action in writing (enclosing disciplinary minutes and documentation) to the competent authority;

b) Within 15 working days after receiving the written proposal of the disciplinary sanction committee in case of establishment of the disciplinary sanction committee, or after receiving the minutes of the criticism meeting as per clause 3 of Article 65 herein in the case of non-establishment of the disciplinary sanction committee, the competent authority may issue the disciplinary sanction decision or the conclusion about the non-application of disciplinary action to executives of state-owned enterprises, comptrollers and representatives of state ownership interests;

c) In case where the violation against the laws of the executive of state-owned enterprise, comptroller, representative of state ownership interests involves complicated details, the competent authority shall decide to extend the time limit for imposition of disciplinary action according to the provisions of Clause 3 of Article 57 of this Decree, and shall take responsibility for their decision;

d) If the executive of a state-owned enterprise, the comptroller or the representative of state ownership enterprises acting in violation of the law is sentenced to prison under the court’s judgement without being subject to a suspended sentence, or is convicted of corruption under the Court’s judgement, within 15 working days from the date of receipt of the legally effective judgment of the Court, the competent authority shall issue the disciplinary decision on compulsory termination of term of office in the above cases.

2. Disciplinary sanction decision must clarify the time of entry into force.

3. 12 months after the effective date of the disciplinary decision, if the state enterprise executive, the comptroller, or the representative of state ownership interests does not commit any violation to the extent of having to be disciplined, the disciplinary sanction decision shall terminate its effect without needing a written document on the termination of its effect.

If the executive of state-owned enterprise, the comptroller or the representative of state ownership interests continue to commit the violation against law during the period of execution of the decision, the disciplinary sanction decision that is being executed shall be invalidated from the time of the entry into force of the new one.

4. If the executive of state-owned enterprise, the comptroller or the representative of state ownership interests is disciplined in the form of reprimand or warning, he/she shall be prevented from the placement planning, rotation or appointment to the higher position, or the designation as the representative of state ownership interests, for the duration of 12 months from the effective date of the disciplinary sanction decision. If the executive of state-owned enterprise, the comptroller or the representative of state ownership interests is disciplined in the form of dismissal from or early termination of term of office, he/she shall be precluded from being planned, rotated or appointed to the higher position, or designated as the representative of state ownership interests, for the duration of 24 months from the effective date of the disciplinary sanction decision.

Best regards!