Term of Office for Manager of One-Member Limited Liability Company 100% Owned by the Ministry of National Defense

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According to Circular 178/2019/TT-BQP, the term of appointment for managers at enterprises that 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 managers) is 05 years.

Calculating the Term of Office for Managers:

- In the case that a manager is transferred and appointed to a new position equivalent to the previous position, the term of office is calculated from the effective date of the transfer and new appointment decision.- In the case of a change in management titles due to a change in the company's name, the term of office is calculated from the appointment date according to the old title (old company name).

Note on Cases Where Managers are Not Considered for Appointment:

- During the period of being prohibited from holding positions as stipulated by law.- During the period under disciplinary review from reprimand or higher, investigation, prosecution, trial.- Other cases as per relevant regulations of the Ministry of National Defense.

Regarding the procedures and process for appointing managers, they shall be carried out according to the Personnel Work Regulations and relevant documents of the Ministry of National Defense.

Circular 178/2019/TT-BQP emphasizes that upon expiration of the term of office as appointed, managers are considered for re-appointment or not. The Chairman of the Member Council, Company Chairman, Member of the Member Council, and Supervisors may be reappointed but not more than 02 terms at a group, corporation, or company. Some notable points regarding the reappointment of managers:

- Conditions for Consideration of Reappointment: Managers must complete the duties during their term of office, meet title standards, be at least 02 years away from retirement age, be in good health to meet the job requirements, and have a recommendation from the organization or unit.

- Procedures for Reappointment are to be carried out according to the Personnel Work Regulations and relevant documents of the Ministry of National Defense.

- Cases Where Managers are Not Reappointed:

+ Cases where individuals do not meet the standards and conditions for reappointment must be reported to the competent authority for consideration and decision;

+ Cases where officials have less than 02 years of service, meet the standards and conditions, they will be considered for an extension of the term of office until retirement age without carrying out the reappointment process;

+ Officials not reappointed will be considered for reassignment or receive policy-related treatments according to the law.

The re-appointment decision for managerial positions specified in this Circular must be issued by the competent authority at least 01 working day before the manager’s term of office expires.

Read the full regulation in Circular 178/2019/TT-BQP, effective from January 15, 2020.

Thu Ba

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