What are the regulations on the meetings of the disciplinary sanction committee against state-owned enterprise leaders in Vietnam?
According to Article 69 of Decree 159/2020/ND-CP on holding the disciplinary sanction committee’s meeting in Vietnam:
1. Meeting preparations:
a) Within 07 working days before the meeting of the disciplinary sanction committee, the summons to the meeting must be sent to the violator. The absent violator must have sufficient grounds. In case the violator is absent after 2 times of sending the summons without plausible reasons, until the 3rd time of sending the summons, if the violator continues to be absent, the disciplinary sanction committee still proceeds the meeting to review and recommend disciplinary actions;
b) The meeting’s chair may invite more representatives from agencies, organizations and persons concerned to the meeting. The invited person shall have the right to speak but not to cast any vote on disciplinary actions;
c) The Commissioner cum the Secretary of the disciplinary sanction committee shall be responsible for preparing documents and records related to the disciplinary action, keeping the minutes of the disciplinary sanction committee’s meeting;
d) Disciplinary sanction documentation is submitted to the disciplinary sanction committee, including: Self-criticism statement, biodata, criticism meeting minutes of the enterprise where the violator is working and other related documents.
2. Meeting procedures:
a) The chairperson of the disciplinary sanction committee declares the meeting reasons and introduces members to attend the meeting;
b) The Commissioner cum the Secretary of the disciplinary sanction committee presents the meeting contents as follows: Biodata; act of violation, time of commission and time of detection of violation; limitation period and time limit for imposition of disciplinary action; forms of disciplinary action that have been issued; aggravating, mitigating circumstances and other relevant documents;
c) The violator reads out the self-criticism report. If the violator is absent, the Commissioner cum the Secretary of the disciplinary sanction committee reads it on his/her behalf;
d) The Commissioner cum the Secretary of the disciplinary sanction committee reads the minutes of the meeting;
dd) The committee members and participants speak;
e) The violator speaks (if any);
g) The disciplinary sanction committee votes on whether or not to discipline the violator; in case the majority of the ballots votes for the discipline; the vote on the application of the disciplinary action is conducted by casting secret ballots according to the accumulative voting approach;
h) The chairperson of the disciplinary sanction committee announces the secret voting results and approves the meeting minutes;
i) The chairperson of the disciplinary sanction committee and the Commissioner cum the Secretary of the disciplinary sanction committee signs the minutes of the meeting.
3. In case where a meeting of the disciplinary sanction committee held to consider the disciplining of multiple executives of state-owned enterprises, comptrollers and representatives of state ownership interests in the same enterprise committing violations, the disciplinary sanction committee shall conduct the disciplinary review for each violator.
Sincerely!