What are standards and requirements for Comptrollers of VINAPACO in Vietnam?

What are standards and requirements for Comptrollers of VINAPACO in Vietnam?

Pursuant to Article 23 of the Charter of Organization and Operation of VINAPACO issued together with the Decision 2760/QĐ-BCT in 2022 stipulating standards and requirements for Comptrollers of VINAPACO in Vietnam as follows:

Comptroller board, Comptrollers

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4. Criteria and conditions for Comptrollers

Comptrollers must meet the standards and conditions specified in Article 169 of the Enterprise Law and other relevant regulations.

Pursuant to Article 169 of the Law on Enterprise in 2020 stipulating as follows:

1. A Comptroller shall satisfy the following standards and requirements:

a) He/she is not in one of the persons specified in Clause 2 Article 17 of this Law;

b) His/her major is economics, finance, accounting, audit, law, business administration or a major that is relevant to the enterprise’s business operation;

c) He/she is not a relative of any of the members of the Board of Directors, Director/General Director and other executives;

d) He/she is not the company’s executive, is not necessarily a shareholder or employee of the company unless otherwise prescribed by the company's charter;

dd) Other standards and requirements are satisfied as prescribed by law and the company's charter.

2. In addition to the standards and requirements specified in Clause 1 of this Article, Comptrollers of a public company or state-owned enterprise prescribed in Point b Clause 1 Article 88 of this Law must not be relatives of the executives of the company and the parent company; of the representative of enterprise’s investment or state investment in the company and the parent company.

What are responsibilities of Comptrollers of VINAPACO in Vietnam?

Pursuant to Article 27 of the Charter of Organization and Operation of VINAPACO issued together with the Decision 2760/QĐ-BCT in 2022 stipulating responsibilities of Comptrollers of VINAPACO in Vietnam as follows:

- Comply with the law, the VINAPACO Charter, the decision of the Ministry of Industry and Trade and professional ethics in exercising the rights and obligations of the Controller.

- Exercise the assigned rights and obligations honestly, carefully, and best to protect the interests of the State and the legitimate interests of the parties at VINAPACO.

- Loyalty to the interests of the State and VINAPACO; must not use information, know-how, business opportunities, abuse VINAPACO's position, position and property for personal gain or for the benefit of other organizations or individuals.

- In case of violating the responsibilities specified in this Article and causing damage to VINAPACO, the Controller must be personally or jointly responsible for compensating for such damage; depending on the nature and seriousness of the violation and the damage, they may also be disciplined, administratively sanctioned or examined for penal liability in accordance with law; return to VINAPACO all income and benefits obtained due to the violation of responsibilities specified in this Article.

- Report promptly to the agency representing the owner, and at the same time request the Controller to stop the violation and remedy the consequences in case it is detected that such Controller violates the rights, obligations and responsibilities. assigned duties.

- Promptly report to the Ministry of Industry and Trade and relevant individuals, and at the same time request that individual to stop the violation and remedy the consequences in the following cases:

+ Detect that members of the Members' Council, General Director and other managers of VINAPACO violate regulations on their rights, obligations and responsibilities or are in danger of violating such regulations;

+ Detect violations of law, contrary to VINAPACO's Charter or internal management regulations.

- Other responsibilities as prescribed by law.

In which cases shall the Comptrollers of VINAPACO in Vietnam be dismissed?

Pursuant to Article 28 of the Charter of Organization and Operation of VINAPACO issued together with the Decision 2760/QĐ-BCT in 2022 stipulating as follows:

1. The head of the Control Board or the Supervisors shall be dismissed in the following cases:

a) No longer satisfy the criteria and conditions as prescribed in Article 23 of this Charter;

b) There is a resignation letter approved by the agency representing the owner;

c) Being assigned or assigned by the owner's representative agency or other competent agency to perform other tasks;

d) Other cases as prescribed by law.

2. The head of the Supervisory Board or the Supervisors shall be dismissed in the following cases:

a) Failing to fulfill assigned duties, tasks or tasks within 1 year;

b) Failing to perform assigned duties, tasks or tasks for 3 consecutive months, except in case of force majeure;

d) Serious violations or repeated violations of the rights, obligations and responsibilities of the Head of the Control Board in accordance with the law and the VINAPACO Charter;

d) Other cases as prescribed by law.

Thus, in the following 04 cases, the Supervisor of Vietnam Paper Corporation (VINAPACO) will be dismissed:

- No longer meeting the criteria and conditions as prescribed in Article 23 of the Charter attached to Decision 2760/QD-BCT in 2022;

- Has a resignation letter and is approved by the owner's representative agency;

- Being assigned or assigned by the owner's representative agency or other competent agency to perform other tasks;

- Other cases as prescribed by law.

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