Vietnam: Procedures for appointment of representatives holding managerial positions in enterprises of which over 50% of charter capital is held by the State

This content is specified in Decree No. 106/2015/NĐ-CP of Vietnam’s Government prescribing the management of state capital representatives holding managerial positions in enterprises of which over 50% of charter capital is held by the State.

Procedures for appointment of representatives holding managerial positions in enterprises of which over 50% of charter capital is held by the State are specified in Article 19 of Decree No. 106/2015/NĐ-CP of Vietnam’s Government, specifically as follows:

Quy trình cử người đại diện tại DN mà nhà nước nắm trên 50% vốn, Nghị định 106/2015/NĐ-CP

Step 1: Based on the value of state capital, scale or each economic group, corporation or company and qualifications of a representative, the personnel advisory agency shall provide the state capital owner with the proposal of quantity, structure and sources of personnel to be appointed as representatives, including the following information: full name, date of birth, native land, date of admission to the Communist Party, professional qualifications, political theory qualifications, foreign language competency, current position, and working place.

Step 2: The state capital owner shall consider approving the quantity, structure and sources of personnel to be appointed as representatives.

Step 3: Within 30 days from the date on which the state capital owner approves the quantity, structure and sources of personnel to be appointed as representatives, the state capital owner shall organize a meeting in which persons to be appointed as representatives shall directly present their action programs to the state capital owner and undertake to comply with the state capital owner’s policies, resolutions and directives, and perform their role, responsibilities and obligations during their assigned terms of office.

Step 4: The state capital owner shall send a written request to the executive committee of the Communist Party of the same level for its opinions about persons to be appointed as representatives. The state capital owner shall consider drawing conclusions on any arising issues, discuss opinions given by the executive committee of the Communist Party and issue decision.

View more details at Decree No. 106/2015/NĐ-CP of Vietnam’s Government, effective from December 10, 2015.

Thu Ba

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