Latest conditions for appointing state-owned enterprise manager in Vietnam

 Latest conditions for appointing state-owned enterprise manager in Vietnam (Internet image) 

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

1. Latest conditions for appointing state-owned enterprise manager in Vietnam

According to Article 28 of Decree 159/2020/ND-CP (amended in Decree 69/2023/ND-CP), appointment conditions are as follows:

- Ensuring general standards and conditions according to the regulations of the Party and State and specific standards and conditions for appointed positions and titles according to the regulations of competent agencies.

- For personnel from local sources, they must be planned for assigned positions or titles or be planned for equivalent positions or higher. For human resources from other places, they must be planned for positions with equivalent titles or higher. Special cases shall be considered and decided by competent authorities.

In the event that a newly established enterprise has not yet approved the planning, it will be reviewed and decided by the competent authority.

- Having records, personal history, and a declaration of assets and income according to regulations.

- Age of appointment:

+ Personnel proposed to be appointed for the first time to hold a leadership or management position or proposed to be appointed to a higher leadership or management position must be old enough to work for the full term of the appointment. The time to calculate the age of appointment shall comply with the regulations of the competent authority.

Special cases shall be considered and decided by competent authorities.

+ Personnel who are mobilized or appointed to hold a new position equivalent to or lower than the position currently held will not have their appointment age calculated as prescribed in Point a, Clause 4, Article 28 of Decree 159/2020/ND-CP.

- Healthy enough to complete assigned tasks.

- Not in the cases prohibited from holding positions according to the provisions of law.

- Not within the disciplinary period, being investigated, prosecuted, or tried. In the event that the enterprise is under inspection or examination by a competent authority, the competent authority shall discuss with the inspection and examination agency the personnel proposed to be appointed before making a decision.

- Having held the current position or equivalent position for at least 02 years (24 months). If not consecutive, it will be cumulative (only cumulative for the time holding the equivalent position). Special cases shall be considered and decided by competent authorities.

- An enterprise manager who is disciplined while holding a position shall not appoint or nominate candidates for a higher position within the time limit prescribed by the competent authority.

2. Term in office of managers of state-owned enterprises in Vietnam

Pursuant to Article 27 of Decree 159/2020/ND-CP stipulates the term in office as follows:

- The term of office in each tenure of an appointed state enterprise executive or comptroller is 5 years from the effective date of the appointment decision. In case of less than 05 years’ term of office, the decision of the relevant competent authority must be observed.

- In case where a state enterprise executive or comptroller is seconded, transferred or appointed to hold the new office at least equivalent to the previous one, the term of office shall begin from the effective date of the transfer, secondment or appointment decision.

- In case where any change in the managerial title occurs due to any change of the enterprise's name, the term of office shall start from the effective date of the decision on appointment to the title called the same as the one existing before such change.  

Ho Quoc Tuan

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