10 conditions for appointment of the manager of a wholly State-owned limited liability company in Vietnam

According to Article 27 of the Decree No. 97/2015/NĐ-CP of the Vietnam’s Government, 10 conditions for appointment of the manager of a wholly State-owned limited liability company are as follows:

1. Meet the general standards of the Party and State and the standards of titles promulgated by competent authorities.

2. To be planned for the appointed title for on-site human resources or to be planned for a position equivalent to the appointed title for human resources from elsewhere.

3. Having sufficient personal dossiers appraised, verified and certified by competent authorities.

4. In the age of appointment

- Must be of age (in months) to work for at least 01 term of the management title by the date the competent authority signs and approves the appointment policy.

- In case an enterprise manager is assigned to hold a new position equivalent to or lower than the current one, due to work needs, the appointment age specified in Point a of this Clause shall not be calculated.

- In case an enterprise manager is judged to have failed to fulfill his/her duties or is disciplined from reprimand to salary downgrade, or is dismissed or resigned for violating discipline or law, after 01 year from the date has been assessed by a competent authority for not fulfilling its duties or since the effective date of the decision on discipline, resignation, or dismissal (including discipline due to previous violations but has not been discovered until now and has not yet been disciplinary handled), if being considered and proposed for appointment to a managerial position, the age conditions for appointment shall comply with regulations.

5. Being healthy enough to complete assigned tasks certified by a competent health agency. The time of health certification to the date of submission of documents to the advisory agency on personnel organization must not exceed 6 months.

6. Not falling into the cases of being banned from holding certain positions as prescribed by law.

7. Not in the period of disciplinary action from the form of reprimand or more.

8. Not in the period of consideration for disciplinary action, investigation, prosecution or trial.

9. In case the personnel proposed to be appointed is in the period of inspection and examination by a competent agency, the level competent to decide on appointment shall discuss with the head of the inspection and examination team before appointment.

10. In addition to the above conditions, the appointment of Supervisors and Chief Accountants must also comply with the provisions of related law of Vietnam.

More details at the Decree No. 97/2015/NĐ-CP of the Vietnam’s Government, effective from December 05, 2015.

Ty Na

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