Relieving Chairman and Members of the Council in a Public Service Provider

On January 30, 2018, the Ministry of Transport issued Circular 05/2018/TT-BGTVT, specifically regulating the dismissal of the Chairman and members of the Management Council of the public service provider.

To be specific:, Circular 05 stipulates that the Chairperson and members of the Management Board shall be dismissed if they fall into one of the following cases:

- The individual submits a request to resign from the Management Board;- Being restricted in legal capacity;- Not having the health to fulfill the assigned work, having to take a leave of more than 6 months for treatment without recovery of working ability;- Conviction by a court of law with a legally effective judgment;- More than 50% of the total members of the Management Board propose in writing to dismiss;- Other violations as stipulated in the organization and operation regulation of the public service provider, operation regulation of the Management Board.- Other cases as prescribed by the competent authority that decides the appointment of the Chairperson and members of the Management Board.

The Management Board is responsible for reviewing and resolving the dismissal of the Chairperson and members and sending the dossier to the competent appointing authority for a decision. The dossier includes: A detailed report stating the reason for the dismissal and related documents and evidence.

Within 30 working days from the date of receipt of sufficient documents from the unit, the head of the competent appointing authority shall issue a dismissal decision; if not agreed, a written response stating the reason must be provided.

See details in Circular 05/2018/TT-BGTVT which takes effect from April 15, 2018.

-Thao Uyen-

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