Promulgation of New Standards and Conditions for Appointing Managers of Enterprises with 100% State-Owned Capital

Managers at enterprises which are single-member limited liability companies with 100% charter capital held by the State and managed by the Ministry of National Defense (hereinafter referred to as Manager) must meet specific standards and conditions as stipulated in Article 4 of Circular 178/2019/TT-BQP as follows:

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- Have full standards and conditions as prescribed by the Vietnam People's Army Officers Law dated December 21, 1999, amended and supplemented in 2008, 2014 (hereinafter referred to as Officers Law); Regulation 842-QD/QU dated August 6, 2018, by the Central Military Commission on the standards for positions, evaluation criteria, and classification of officers in the Vietnam People’s Army; conditions prescribed in Articles 92, 100, 103 of the Enterprise Law; Article 27 of Decree 97/2015/ND-CP dated October 19, 2015, by the Government of Vietnam on managing the holder of titles, positions at enterprises which are single-member limited liability companies with 100% charter capital held by the State; the Cadre Work Regulation in the Vietnam People’s Army (hereinafter referred to as Cadre Work Regulation) and other relevant documents of the Ministry of National Defense.- Be planned for the appointed position from the on-site human resources or planned for an equivalent position to the appointed one from external resource (not applicable to the position of Controller).- Have a complete personal dossier verified by a competent authority, with a declaration of assets as per anti-corruption laws.- Within the appointment age as prescribed by the Ministry of National Defense.- Obtain a performance evaluation of achieving good results or higher in previous positions before appointment by a competent authority as per Clause 3, Article 1 of Circular 105/2018/TT-BQP dated July 24, 2018, from the Ministry of National Defense amending several provisions of Circular 147/2016/TT-BQP dated September 21, 2016, from the Ministry of National Defense on managing the holder of titles, positions at enterprises which are single-member limited liability companies with 100% charter capital held by the State and managed by the Ministry of National Defense and the representatives of state capital at enterprises in which the State holds more than 50% charter capital and owned by the Ministry of National Defense.- Not be in cases of prohibition from holding positions, titles according to the law.- The standards and conditions for appointing Chief Accountant, apart from those stated in Clauses 1, 2, 3, 4, 5, and 6 of Article 4, must comply with other relevant legal regulations of the State and the Ministry of National Defense.- The standards and conditions for appointing Controllers, apart from those stated in Clauses 1, 2, 3, 4, 5, and 6 of Article 4 and other relevant legal regulations, must also meet the following regulations:

- For independent companies, one Controller shall be appointed;- For parent companies of corporations, three Controllers shall be appointed, and a Control Committee shall be established;- For parent companies of groups, a maximum of five Controllers shall be appointed, and a Control Committee shall be established;- The Head of the Control Committee shall work full-time at the enterprise, other members can work part-time; Part-time Controllers can join the Control Committee in no more than four state-owned enterprises, and part-time Controllers who are officials of units under the Ministry of National Defense participate in the Control Committee of no more than one enterprise;- The agency assigned to manage the Controllers shall propose in writing to the competent authority on the number of Controllers planned for deployment at each enterprise.

In which, managers include:

- Chairman of the Members' Council;- Chairman of the Company;- Member of the Members' Council;- Controller;- General Director;- Deputy General Director;- Director;- Deputy Director;- Chief Accountant.

Refer to more regulations in Circular 178/2019/TT-BQP effective from January 15, 2020.

Thu Ba

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