This is one of the important contents mentioned in Circular 178/2019/TT-BQP, stipulating the standards, conditions for appointment, reappointment, relief from duty, resignation, transfer, and rotation of managerial positions at enterprises that are one-member limited liability companies with 100% charter capital held by the State, managed by the Ministry of National Defense; the standards and conditions for nomination, renomination, and relief from duty for the State's capital representatives, holding managerial positions at enterprises where the State holds more than 50% of the charter capital, owned by the Ministry of National Defense.
Illustrative image (source: internet)
To be specific: based on the value of the State's capital contribution, the scale of the enterprise, and in comparison with the conditions and standards for State capital representatives holding management positions at enterprises where the State holds over 50% of the charter capital, owned by the Ministry of National Defense (hereinafter referred to as the Representative), as stipulated in Article 12 of Circular 178/2019/TT-BQP, the agency assigned to manage the Representative shall report in writing to the competent authority to decide on appointing no more than 05 Representatives for enterprises where the State holds over 50% of the charter capital. The procedures and processes for appointing the Representative shall be carried out in accordance with the Cadre Work Regulations and related documents of the Ministry of National Defense.
Regarding the term of appointment of the Representative: The Representative is appointed in accordance with the term of the Members' Council or the Board of Directors.
- In the case of a change in managerial titles due to a change in the enterprise's name, the term as a representative is counted from the date of being appointed as a representative for the old title (old name of the enterprise).
- In the case where a Representative is appointed to elect or nominate a managerial title in the middle of the term of that title, the term as a representative is the remaining time of that term.
Additionally, Circular 178/2019/TT-BQP also stipulates the time and procedures for re-appointing the Representative in accordance with the Cadre Work Regulations and related documents of the Ministry of National Defense. Furthermore, the conditions for re-appointment of the Representative are specified as follows:
- Meets the standards and conditions stipulated in Article 12 of this Circular;- Must be assessed as having completed tasks well or better during the term according to the criteria set forth in Clause 4, Article 1 of Circular 105/2018/TT-BQP, including being assessed as having successfully completed tasks for 02 consecutive years before being re-appointed as a representative;- For a Representative remaining with at least two-thirds of the term for the position (calculated until eligible retirement age as regulated), the Minister of National Defense may consider each specific case for re-appointment.
See the full text of the regulations in Circular 178/2019/TT-BQP effective from January 15, 2020.
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