Vietnam: 05 criteria to assess the manager of wholly State-owned one-member limited liability companies as failing to fulfill his/her duties

Recently, the Government of Vietnam has issued the Decree No. 97/2015/NĐ-CP on the management of title and position holders in wholly State-owned one-member limited liability companies.

quản lý doanh nghiệp TNHH 100% vốn NN không hoàn thành nhiệm vụ, Nghị định 97/2015/NĐ-CP

According to Article 17 of the Decree No. 97/2015/NĐ-CP of the Vietnam’s Government, the manager of wholly State-owned one-member limited liability companies is assessed as failing to fulfill his/her duties when violating one of the following criteria:

1. Enterprises complete less than 70% of assigned tasks according to annual work programs and plans;

2. Leading, managing, directing and operating one of the member units or assigned fields in charge of failing to complete the assigned tasks;

3. Failing to implement or violate the guidelines and policies of the Party and the laws of the State; the law on anti-corruption; practice thrift, anti-wasting, be disciplined by competent authorities according to regulations;

4. Violating the charter, internal rules and regulations of the corporation or company;

5. To cause disunity in the group, corporation, company or member units assigned to be in charge.

Besides, the manager of wholly State-owned one-member limited liability companies is assessed to have completed the task when all of the following criteria are met:

- Always be exemplary, well abide by the guidelines and policies of the Party and the laws of the State; the law on anti-corruption; practice thrift, anti-wasting, be disciplined by competent authorities according to regulations; the charter, internal rules and regulations of the corporation or company;

- Having good political and moral qualities; have a healthy lifestyle; standard working style;

- Participating in at least 01 social activity organized by the owner, group, corporation or company.

- Enterprises complete from 70% to 90% of assigned tasks according to the annual work program or plan, except for force majeure or objective reasons;

- Leading, managing, directing and operating member units or assigned fields in charge of completing assigned tasks.

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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