Vietnam: Qualifications of a representative holding managerial position in enterprise of which over 50% of charter capital is held by the State

15:54, 17/10/2015

On October 23, 2015, the Government of Vietnam issued Decree No. 106/2015/NĐ-CP prescribing the management of state capital representatives holding managerial positions in enterprises of which over 50% of charter capital is held by the State.

State capital representatives holding managerial positions in enterprises of which over 50% of charter capital is held by the State must fully satisfy the qualifications specified in Decree No. 106/2015/NĐ-CP of Vietnam’s Government, including:

Điều kiện của người đại diện vốn tại DNNN nắm trên 50% vốn, Nghị định 106/2015/NĐ-CP

- Meet general standards of the Communist Party and the State, and qualifications of the position to which the representative will be appointed as set by competent authorities.

- Provide adequate personal documents verified and certified by competent authorities.

- Meet age of appointment as representative requirements:

+ The person to be appointed to act as a representative must meet age requirements (calculated in months) to work for a prescribed tenure of a managerial position.

+ If a representative is requested by the state capital owner to stop holding his/her representative position in order to act as a representative in another economic group, corporation or company of the same state capital owner, the age of appointment as representative must not comply with the provisions in Point a of this Clause.

+ If the re-appointment of a representative is considered 01 year after he/she is assessed to have failed to complete his/her tasks by the state capital owner or liable to a disciplinary or dismissal decision, in addition to the age requirement, he/she shall also meet all of other qualifications of a representative.

- Be fit to complete assigned tasks as certified by a competent health facility. The certificate of fitness to work must be issued no more than 06 months before the date of submission of the representative dossier to the personnel advisory agency.

- Be not prohibited from undertaking a position as prescribed by law.

- Be not liable to any disciplinary actions or be not undergoing investigation, prosecution or adjudication.

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

Thu Ba

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