09 cases of dismissal of members of the Management Board of public non-business unit in field of culture and tourism in Vietnam

09 cases of dismissal of members of the Management Board of public non-business unit in field of culture and tourism in Vietnam (Internet image)

The Minister of Culture, Sports, and Tourism of Vietnam issued Circular 11/2022/TT-BVHTTDL stipulating standards and conditions for appointment and dismissal of members of the Management Board and the Chairman of the Management Board in public non-business units in the fields of culture, family, sports and tourism.

Specifically, cases of dismissal of members of the Management Council in public non-business units in the fields of culture, family, sports and tourism are prescribed as follows:

09 cases of dismissal of members of the Management Board in Vietnam

According to Clause 1, Article 6 of Circular 11/2022/TT-BVHTTDL, the dismissal of members of the Management Council in public non-business units in the fields of culture, family, sports, and tourism shall be carried out as follows:

(1) There is a written request from an individual who voluntarily withdraws from participation in the management board that is approved by a competent authority;

(2) More than 50% of the total number of members of the Management Council propose in writing to be dismissed;

(3) If he is warned or reprimanded by discipline, but his reputation suffers, he will be unable to hold the assigned position;

(4) Being disciplined, reprimanded, or warned twice within the same appointment period;

(5) Having two years of consecutive quality ratings at the level of not completing the task;

(6) Being found to be degraded in terms of political ideology, morality, lifestyle, "self-evolution," "self-transformation," violating what party members are not allowed to do, violating the responsibility to set an example, and negatively affecting their own and the unit's reputations by the competent authority;

(7) Violating other regulations specified in the regulations on the organization and operation of public non-business units, as well as the Management Council's operation regulations;

(8) Change to another job, retire, or resign;

(9) Other cases as prescribed by law and by the agency with authority to appoint Management Board members.

Dossier to request for dismissal of a member of the Management Board in Vietnam

Specifically, in Clause 3, Article 6 of Circular 11/2022/TT-BVHTTDL, the dossier to request for dismissal of a member of the Management Council in a public non-business unit in the fields of culture, family, sports and tourism is as follows:

- A written request for dismissal from the Management Board, clearly stating the reason for the dismissal, as well as the individual's written request to cease serving on the Management Board in the case specified in Point a, Clause 1, Article 6, Circular 11/2022/TT-BVHTTDL;

- A document from the public non-business unit's immediate superior management agency requesting the dismissal of a member of the Management Board (if there is a direct superior unit);

- Resolutions and minutes of meetings of the Management Board;

- A written opinion of the same-level committee on the dismissal of a member of the Management Board.

- Additional relevant documents and documents (if any).

Criteria for appointment of members of the Management Board in Vietnam

Individuals must meet the following criteria to be able to become a member of the Management Board in a public non-business unit in the fields of culture, family, sports, and tourism:

- Being civil servants or public employees under the management of the agency competent to establish the Management Council.

- Having good political and moral qualities, prestige, and good health to perform assigned tasks and responsibilities.

- Having a university degree or higher with a major relevant to the assigned task.

- Having experience in management and professional work within the functions and tasks of public non-business units.

- Have enough health to complete the assigned task.

- Not in the period of disciplinary action, not in the time of implementing the regulations related to discipline specified in Article 82 of the Law on Cadres and Civil Servants 2008 (amended 2019) or Article 56 of the Law on Public Employees 2010 (amended 2019)

- Civil servants and public employees proposed to be appointed for the first time as members of the Management Board must have at least 5 years of actual working time remaining from the time the appointment process is implemented; in special cases, report to the appointing competent authority for consideration and decision.

- Not being the head's spouse, father, mother, child, brother or sister, deputy head, or chief accountant of the public non-business unit.

- Other criteria and conditions prescribed by the agency competent to decide on the appointment of management board members, including the chairman of the management board.

(Article 3 of Circular 11/2022/TT-BVHTTDL)

Vietnam's Circular 11/2022/TT-BVHTTDL takes effect from January 1, 2023.

Thanh Rin

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