Recently, the Government of Vietnam has issued the Decree No. 97/2015/NĐ-CP on management of position holders in wholly State-owned one-member limited liability company.
According to Article 30 of the Decree No. 97/2015/NĐ-CP of the Vietnam’s Government, procedures for appointment of human resources from other places in wholly State-owned limited liability company are as follows:
- The Members' Council, the company's President or the agency advising on the organization of personnel, based on the needs and planning sources, propose and recommend personnel for appointment (Personnel proposed to be appointed from other places must have a planned title equivalent to the title proposed for appointment).
- The Members' Council meets to discuss and agree on the policy. The Members' Council and the President of the company shall perform the following tasks:
+ Appoint a representative of the Members' Council, the company's president to work with the Party Committee and the head of the agency or unit where the personnel is working on the policy of mobilization and appointment;
+ Discussing background, commenting and evaluating results and performance of tasks; get comments from the party committee where the personnel reside; meeting with personnel proposed to be appointed to discuss requirements of work duties;
+ Obtain written opinions from the Party Committee of the same level on personnel to be appointed. In case the local party committee is the superior level of the party committee of a corporation, corporation or company, the written opinion of the local party committee shall be obtained.
- The Members' Council meets to announce the opinions of the committee, discuss and vote by secret ballot. The proposed appointment of personnel must be approved by more than 50% of the total number of members of the Members' Council attending the meeting. (Note: In case the candidate for appointment is approved by only 50% of the total number of members attending the meeting, the voting results of the Members' Council shall be approved, the personnel shall be selected according to the opinion of the Chairman of the Members' Council).
- The Members' Council shall decide to receive, appoint or make a report to request the competent authority to consider and decide on the receipt and appointment. The company President consults with the Party Committee, decides to receive, appoint or make a report to request the competent authority to consider and decide on admission and appointment.
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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