This is a notable content in Circular 39/2012/TT-BGDDT issued by the Ministry of Education and Training on November 5, 2012 on the Regulations on the organization and operation of private intermediate professional schools.
Vietnam: The Board of Directors of a private intermediate professional school is elected by secret ballots (Illustrative photo)
Specifically, in Article 9 of the Regulations issued with Circular 39/2012/TT-BGDDT, the Board of Directors of a private intermediate professional school in Vietnam for the first term is elected by its founding members via secret ballots. The voting results are approved only when more than half of the founding members agree. From the second term, three months before the end of the term, the Board of Directors organizes the General Meeting of Shareholders to elect the Board of Directors for the next term via secret ballots. The election results are approved only when more than half of the shareholders attending the General Meeting of Shareholders agree.
Additionally, the Board of Directors holds regular meetings every three months. Extraordinary meetings are decided by the Chairman of the Board of Directors upon the request of at least one-third of the members. The resolutions of the Board of Directors are made according to the principle that each member has one vote. The results are approved only when more than half of the members of the Board of Directors agree. In case of a tie, the final decision shall follow the side with the opinion of the Chairman of the Board of Directors.
Furthermore, the dismissal and relief from duty of members of the Board of Directors of a private intermediate professional school in Vietnam are carried out as follows:
- Members of the Board of Directors are dismissed in the following cases:
+ Violation of the law but not to the extent of criminal prosecution;
+ Death or limit on civil act capacity;
+ Voluntary resignation;
+ Lack of health to perform the assigned tasks;
+ Other cases determined in the School's Regulation on Organization and Operation.
- Members of the Board of Directors are relief from duty in the following cases:
+ Under criminal investigation;
+ Serious violation of the law not subject to criminal prosecution;
+ Violation of the School's Regulation on Organization and Operation as proposed for relief from duty by the General Meeting of Shareholders.
More details may be found in Circular 39/2012/TT-BGDDT effective from December 20, 2012.
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