Procedure for appointing managers of state-owned enterprises for on-site human resources in Vietnam

Procedure for appointing managers of state-owned enterprises for on-site human resources in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

September 14, 2023, the Government issued Decree 69/2023/ND-CP amending Decree 159/2020/ND-CP on management of titleholders, officeholders and representatives of state ownership interests in enterprises.

Procedure for appointing managers of state-owned enterprises for on-site human resources in Vietnam

Specifically, the process of appointing state-owned enterprise managers for on-site human resources includes 5 steps; Conferences can only be conducted when at least 2/3 of the convened people are present.

As follows:

- Step 1: Collective conference of business leaders (1st time)

Based on the appointment policy, mission requirements of the enterprise, and human resources in planning, the leadership team discusses and agrees on the structure, quantity, standards, conditions, and personnel introduction process;

At the same time, review the results of the evaluation and comments for each personnel in the planning (including individuals planned with equivalent titles or higher); Approve the list of personnel who meet the prescribed standards and conditions to get recommendations for introduction in the next step and orient the appointed personnel in accordance with the requirements of the agency or organization.

Convening members: Council of members or Chairman of the company and standing committee of the party committee at the same level (for upper-level grassroots party organizations) or party committee at the same level (for grassroots-level party organizations).

The head of the staff organization advisory agency (if any) attends the conference but is not a voting member, unless identified as a member of the business leadership collective according to the provisions of Clause 3, Article 3 of Decree 159/2020/ND-CP.

Discussion results and proposals are recorded in minutes.

- Step 2: Expanded leadership conference

Based on the structure, standards, conditions, and personnel list approved in Step 1, the leader will discuss and appoint personnel in accordance with the requirements of the agency or organization for the conference to discuss and introduce personnel by secret ballot.

Convening components: Implement as prescribed in Clause 2, Article 22 of Decree 159/2020/ND-CP.

Principles of introduction and selection: Each member introduces 01 person for a position; The person who gets the highest number of votes, over 50% of the total number of people summoned to introduce, will be selected.

In case no one reaches over 50%, select all people with referral votes of 30% or more to introduce in the next step. In case no one reaches 30% of the referral votes, do not continue with the next steps and report to the appointing authority for consideration and direction.

Appointment personnel introduction slips are issued by the conference Organizing Committee, with the unit's stamp. The results of vote counting are recorded in minutes and will not be announced at this conference.

- Step 3: Leadership meeting (2nd time)

Based on the results of personnel introduction in step 2, the leadership team conducts discussions and introduces personnel by secret ballot.

Ingredients: Follow instructions in step 1.

Principles of introduction and selection: Each leadership member introduces 01 person for a position among the personnel introduced in step 2 or introduces another person who meets the prescribed standards and conditions; The person who gets the highest number of votes over 50% of the total number of people summoned to introduce will be selected.

In case no one reaches over 50%, select all people with referral votes of 30% or more to introduce in the next step.

In case no one reaches 30% of the referral votes, do not continue with the next steps and report to the appointing authority for consideration and direction.

In case the personnel introduced in this step are different from those introduced in step 2, the leadership team discusses, thoroughly analyzes, and evaluates many aspects to consider and decide on the selection of recommended personnel in the next step by secret ballot according to their authority and takes responsibility for their decisions. The selected person must be recommended by at least 2/3 of the leadership team.

In case no one reaches 2/3 of the recommended leadership team, do not continue with the next steps and report to the appointing authority for consideration and direction.

Appointment personnel introduction slips are issued by the conference organizing committee with the unit's stamp. The results of vote counting are recorded in minutes and announced at this conference.

- Step 4: Key staff conference

Organize consultation on the list of personnel introduced in step 3 by secret ballot.

Ingredients: Implement as prescribed in Article 21 of Decree 159/2020/ND-CP.

Conference order: Announce the list of personnel introduced in step 3; summary of background, study and work history; declaration of assets and income; Evaluate and comment on pros and cons, development prospects, and proposed work assignments; Record the vote of confidence (can be signed or not).

The vote of confidence is issued by the conference Organizing Committee, with the unit's stamp. The results of vote counting are recorded in minutes and will not be announced at this conference.

- Step 5: Leadership meeting (3rd time)

Before conducting the conference, the agency or unit shall request in writing the competent Party Committee to evaluate and comment on personnel, verify, and conclude any new problems that arise (if any).

The leadership team discusses and votes on personnel.

Participants: Follow the instructions in step 1.

Implementation order: Based on written comments and assessments of the competent party committee; results of voting at conferences; results of verification and conclusion of newly arising problems (if any) for the personnel proposed for appointment; The leadership team discusses and votes on personnel by secret ballot.

Selection principle: The person with the highest number of votes, over 50% of the total number of people summoned, will be selected for appointment.

In case there are 02 people with equal votes reaching 50%, the leader will consider and select personnel to recommend appointments; at the same time, fully report different opinions for competent authorities to consider and decide.

Voting ballots for appointed personnel are issued by the conference organizing committee with the unit's stamp. The results of vote counting are recorded in minutes.

The Chairman of the Board of Members and the Chairman of the Company shall issue an appointment decision according to their authority or submit it to a competent authority for consideration and decision.

(Clause 2, Article 30 of Decree 159/2020/ND-CP, amended in Decree 69/2023/ND-CP)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE