Board of Directors of the Private Secondary School Elected by Secret Ballot Principles

This is a notable content in Circular 39/2012/TT-BGDDT issued by the Ministry of Education and Training, promulgating the regulations on the organization and operation of private professional secondary schools, issued on November 5, 2012.

The Board of Directors of the private vocational school is elected by secret ballot, Circular 39/2012/TT-BGDDT

The Board of Directors of the private vocational school is elected by secret ballot (Illustrative photo)

To be specific, the Board of Directors of a private vocational school for the first term is elected by the founding members of the school according to the principle of secret ballot, and the results are approved only when more than half of the founding members agree, as stipulated in Article 9 of the Regulation issued with Circular 39/2012/TT-BGDDT. From the second term, three months before the end of the term, the Board of Directors organizes the General Meeting of Shareholders to elect the Board of Directors for the next term according to the principle of secret ballot, and the election results are approved only when more than half of the shareholders attending the General Meeting agree.

Additionally, the Board of Directors holds regular meetings every three months. Extraordinary meetings are decided by the Chairman of the Board of Directors upon the proposal of at least one-third of the Board members. The resolutions of the Board of Directors are made according to the principle that each Board member has one vote, and the results are approved only when more than half of the Board members agree. In case of a tie, the final decision belongs to the side with the opinion of the Chairman of the Board of Directors.

Furthermore, the dismissal and removal of members of the Board of Directors of a private vocational school are carried out as follows:

- Members of the Board of Directors are dismissed in the following cases:

- Violation of the law but not to the extent of criminal prosecution;- Death or restriction of civil act capacity;- Voluntary resignation;- Lack of health to perform the assigned tasks;- Other cases determined in the Regulation on organization and operation of the school.

- Members of the Board of Directors are removed in the following cases:

- Under criminal investigation;- Serious violation of the law but not to the extent of criminal prosecution;- Violation of the Regulation on organization and operation of the school as proposed for removal by the General Meeting of Shareholders.

For more details, refer to Circular 39/2012/TT-BGDDT, effective from December 20, 2012.

Le Vy

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