09 cases of relief and removal from office of the Chairman of the Management Council of the public agricultural unit in Vietnam

09 cases of relief and removal from office of the Chairman of the Management Council of the public agricultural unit in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Tasks and powers of the Chairman of the Management Council of public agricultural units in Vietnam

According to Article 8 of Circular 41/2018/TT-BNNPTNT, the Chairman of the Board is responsible to the head of the agency establishing the Management Council and to the law for the direction and management of the performance of tasks and the results of the performance of tasks of the Management Council, specifically:

- Directing the formulation of annual, monthly, and quarterly operation plans of the Management Board; assigning specific tasks to the members of the Management Board.

- Deciding on the agenda, chairing meetings, and holding votes at meetings of the Management Board; directing the public non-business unit or its members to prepare the contents and agenda of the periodic and extraordinary meetings of the Management Council; proposing contents and issues discussed in the Management Board.

- Convene regular and extraordinary meetings and meetings of the Management Board.

- Concluding documents of the Management Board.

- Leading and administering the Operational Management Council, performing the tasks and powers as prescribed in Article 4 of Circular 41/2018/TT-BNNPTNT and in accordance with the law.

- Performing other duties and powers as prescribed by law.

2. 09 cases of relief and removal from office of the Chairman of the Management Council of the public agricultural unit in Vietnam

(i) The Chairman of the Management Board shall be dismissed or removed from office in one of the following cases:

- There is a written request from an individual to withdraw from the Management Board;

- Having limited capacity for civil acts;

- Not healthy enough to carry out the assigned work, had to take leave from work for treatment for more than 06 months but the working capacity has not yet recovered;

- Being reviewed and disciplined by the governing body;

- Currently serving a court sentence;

- No longer meets the standards of members of the Management Board as prescribed in Article 11 of Circular 41/2018/TT-BNNPTNT;

- Moving to a new position that is not suitable for the member structure of the Management Board;

- Having more than 50% of the total number of members of the Management Council, in writing, request dismissal or other violations as prescribed in the operation regulations of the Management Board;

- Dismissing the Chairman of the Council when setting inappropriate goals and solutions led to 02 consecutive years of the public non-business unit not completing the objectives or not meeting the set plan.

(ii) The Management Board shall consider and decide on the dismissal or dismissal of the Chairman of the Management Board and send the dossier to the competent authority for decision. Profile include:

- A written statement clearly stating the reason for the dismissal or removal from office;

- Relevant documents and evidence in the cases specified in Clause (i) and legal regulations.

(iii) The agency competent to appoint the Chairman of the Management Board shall consider and decide on the dismissal and removal of the Chairman of the Management Board.

(Article 13 of Circular 41/2018/TT-BNNPTNT)

3. Who has the authority to appoint the Chairman of the Management Council of the public agricultural unit in Vietnam?

According to Clause 1, Article 12 of Circular 41/2018/TT-BNNPTNT, the Chairman of the Management Council shall be appointed and approved by the Minister, the Head of the Central Authority, and the President of the People's Committee of the province in accordance with the law.

Nguyen Ngoc Que Anh

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