Procedures for proposing personnel after receiving approval from the Prime Minister on the policy in Vietnam

On October 19, 2015, the Government issued Decree 97/2015/ND-CP on the management of people holding titles and positions at an enterprise that is a one-member limited liability company with 100% of charter capital of which is held by the State

Procedures for proposing personnel after receiving approval from the Prime Minister on the policy
Procedures for proposing personnel after receiving approval from the Prime Minister on the policy in Vietnam (Internet image)

According to Article 31 of Decree 97/2015/ND-CP, after receiving approval from the Prime Minister on the policy, the Board of Members proposes personnel according to the following steps:

For on-site human resources

- The advisory agency on personnel organization proposes specific personnel plans to report to the Board of Members.

- The Board of members meets to discuss and decide on the list of personnel to submit for a vote of confidence. In general, when appointing a position, it is necessary to introduce 02 or more people to choose from.

- Organize a conference to collect votes of confidence according to the provisions of Clause 3 of Article 29 of this Decree.

- The Board of members collects written opinions from the Party Committee at the same level on the personnel proposed for appointment. In the event that the local Party Committee is the superior of the Party Committee of a corporation or company, the local Party Committee's written opinions will be sought.

- The Board of Members meets to consider and conclude new issues that have arisen (if any), notify the Party Committee's opinions, discuss, and vote by secret ballot. Personnel proposed for appointment must be approved by more than 50% of the total number of members attending the meeting;

Note: In the event that the proposed appointment of personnel whose voting results are approved by the Board of Members is only approved by 50% of the total number of members attending the meeting, the personnel shall be selected according to the opinion of the Chairman of the Board of Members.

- The Board of Members submits to the Ministry for industry management.

- The industry management ministry submits the proposal to the Prime Minister and, at the same time, sends the proposal and appointment documents to the Ministry of Home Affairs and relevant agencies.

- Ministry of Home Affairs appraises.

- The Prime Minister considers and decides.

  For human resources from other places

- The Board of members recommends personnel.

- The Board of members meets to discuss and agree on policies.

- The Board of Members conducts the following tasks: appoints representatives of the Board of Members to work with party committees and heads of agencies and units where personnel are working on mobilization and appointment policies; discusses background, comments, assessments, results, and performance of tasks; Get comments from the Party Committee where the personnel reside; Meet with proposed personnel to discuss work task requirements.

- Getting written opinions from the Party Committee at the same level on the recommended personnel for appointment. In the event that the local Party Committee is the superior of the Party Committee of a corporation or company, the local Party Committee's written opinions will be sought.

- The Board of Members meets to announce the opinions of the Party Committee, discuss, and vote by secret ballot. Personnel proposed for appointment must be approved by more than 50% of the total number of members attending the meeting;

In case the proposed appointment of personnel whose voting results are approved by the Board of Members is only approved by 50% of the total number of members attending the meeting, the personnel shall be selected according to the opinion of the Chairman of the Board of Members.

- The Board of Members submits to the Ministry for industry management.

- The industry management ministry submits the proposal to the Prime Minister and, at the same time, sends the proposal and appointment documents to the Ministry of Home Affairs and relevant agencies.

- Ministry of Home Affairs appraises.

- The Prime Minister considers and decides.

In cases where the competent authority is expected to mobilize or appoint, the Board of Members will meet to discuss and exchange opinions; the Board of Members submits it to the Ministry for Industry Management; the industry management ministry submits it to the Prime Minister and at the same time sends it to the Ministry of Home Affairs for appraisal; and the Prime Minister shall consider and decide.

More details can be found in Decree 97/2015/ND-CP, which takes effect on December 5, 2015.

Ty Na

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