Decree 104/2015/nd-Cp: On The Management Of People Representing The State To Hold The Titles Of Management In Business That The State Holds Over 50% Of The Charter Capital

Original Language Title: Nghị định 106/2015/NĐ-CP: Về quản lý người đại diện phần vốn nhà nước giữ các chức danh quản lý tại doanh nghiệp mà Nhà nước nắm giữ trên 50% vốn điều lệ

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THE GOVERNMENT.
Number: 106 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 23, 2015

DECREE

About managing a portion of the capital N The country holds the titles of management at

Business. N The water holds more than 50% of the rules.

________________

The Base Law Base. I'm Twenty-five. Ah! 12 in 2001;

Code C. Ah! n ministry, civil service on 13 th Ah! 11 in 2008;

The Business Law Base on 26 May Ah! 1 1 in 2014;

Administrative Base. Why? ; using v Stain. n the state invested in manufacturing, business at the business of 26 th Ah! 11 years 20 1 4;

On the recommendation of the Minister of the Interior,

Ch I'm The government issued a decree on governance. Why? Part of the v. Stain. The state holds the management titles at the business the State holds over 50% of the capital. l Yeah,

Chapter I

COMMON RULES

What? 1. Ph Oh, Adjustment

This decree provides for the devolve of decision-making authority; the term, quantity; evaluation; election, dismissal, dismissal, discipline; nomination for voting, dismissal, appointment, appointment, retirement, and case management for the representative portion of state capital. management functions at the business that the State holds over 50% of the charter capital.

What? 2. Subject applies

1. The representative of the elected state capital, the appointment of management positions at the business the State holds over 50% of the charter capital, the peer-to-peer agency, the government agency (later known as the Department of Industry Management), the Provincial People's Committee, The Central Committee of the Central Committee (later known as the Provincial People's Committee) owns capital investments in economic corporations, corporations, the state company after the stake; the two-member LLC (later known as the "General"). Corporations, corporations, companies, including:

a) Chairman of the Board of Directors;

b) Chairman of the Member Council;

c) Member of the Board of Directors;

d) General Manager;

Vice president;

e) Director;

g) Deputy Director.

The representative of the state capital is regulated at this clause in general.

2. State agencies, organizations, individuals with regard to the management of the representative portion of state capital at the business.

Fuck! i Three. Explain the word

In this decree, the following words are understood as follows:

1. The representative of the state capital is the holder of a partial or all of the State ' s funds at the corporation, the corporation, the company to implement the whole or some of the rights, responsibilities and obligations of the state shareholder or the city. Capital of the corporation, the company, according to the law.

2. The decision to send a representative is the text of the designated owner, delegated the representative to the execution of the rights of the shareholders or members of the corporation, the corporation, the company.

3. The age of representation is the age of being counted from the date, month, year of birth to date, month, year with the text of the authorship approved by the presiding authority.

4. The staff of the staff of the cadre organization included:

a) The organization of the organization of the Ministry of Industry Management;

b) The Internal Affairs Department of the Provincial People's Committee.

Chapter II

THE AUTHORITY DETERMINES THE MANAGEMENT CONTENT

THE AGENT

What? 4. Department of Industry Manager

1. The decision to send, resend the agent to elect or recommend the dismissal of the representative holding the titles:

a) Chairman, member of the Board of Directors, Corporate Corporation;

b) Chairman, member of the Board of Directors or Chairman of the company.

2. Decision to send, repetition the agent to appoint or recommend dismissal of the titles:

a) General Manager, Deputy Director General of Group, Corporation;

b) Director, Deputy Director of the Company.

3. Decision to commend, discipline, quit, retire to the representative who holds the titles:

a) President, Member of the Board, General Manager, Deputy Director General of Group, Corporation;

b) Chairman, Member of the Board or Chairman, Director, Deputy Director of the Company.

What? 5. Authority of the Provincial People ' s Commission

1. The decision to send, resend the agent to elect or recommend the dismissal of the representative holding the titles:

a) Chairman, member of the board of directors of the Corporation;

b) Chairman, member of the Board of Directors or Chairman of the company.

2. Decision to send, repetition the agent to appoint or recommend dismissal of the titles:

a) General Manager, Deputy General Manager of the Corporation;

b) Director, Deputy Director of the Company.

3. Decision to commend, discipline, quit, retire to the representative who holds the titles:

a) President, Member of the Board, General Manager, Deputy General Manager of the Corporation;

b) Chairman, Member of the Board or Chairman, Director, Deputy Director of the Company.

Chapter III

THE TERM ' S MANDATE FOR THE REPRESENTATIVE, THE NUMBER OF REPRESENTATIVES INTRODUCED TO ELECT THE TITLE OF BOARD MEMBER, TO APPOINT THE TITLE OF VICE PRESIDENT, DEPUTY DIRECTOR OF THE BOARD OF DIRECTORS.

What? 6. i v Oh. Fishermen. Yeah. I do. i area

1. No cadres, civil officials, officials.

In the case of cadres, officials, officials are appointed to be representatives of the decision to transfer, work on the work (for officers, officials) or to end the contract (for the officer).

2. Non-serving as a representative in the corporation, the company's total company, the Department of Public Affairs, the Provincial People's Committee, is the owner.

3. Not delegated or delegated to the other person representing the voting, deciding that the content was given by the owner.

4. Chairman of the Board of Directors and General Manager.

5. Member of the Council of members can and General Manager.

What? 7. On the number of people i d i It ' s an introduction to the right. i The titles of v. i The Board of Directors Shit. Let's go. socket Vice-General. Ah! Yes, sir, Deputy Director.

The owner is based on his capital rate, sending the number of representatives to elect members of the board, to appoint Deputy Director-General, Deputy Director.

Chapter IV

RATING AGENT

Fuck! i Eight. Assessment Base

The assessment base includes:

1. Rights, the responsibility of the representative by the rule of law;

2. The program, the work plan of the year was approved by the owner.

What? 9. Okay. Review

The assessment of the agent is made every year immediately after the corporation, the corporation, the company publicly reports the statutory year financing and before carrying out the election process, the gesture, the reward, the delegate discipline.

What? 10. Authority assessment and accountability i Oh, my Yeah. i fight i Ah!

1. The owner directly evaluated the representative by regulation at Article 4 and Article 5 of this decree and is responsible for its assessment content.

2. classification results, written reviews are notified to the agent and saved to the agent profile.

What? 11 -Your assessment.

1. Results on a mission under the program, year plan or term approved by the owner:

a) The results and effectiveness of corporate business production, total company, company; and the company.

b) The acceptance, compliance of the representative of the owner, the resolution and the direction of the owner.

2. Acceptance of the road, advocated, the policy of the Party and the law of the State; the law on the chamber, the anti-corruption; the practice of saving, against waste; the rules, the statute of the corporation, the corporation, the company.

3. Political, moral, lifestyle, work and work.

What? 12. l I'm sorry. i Ah!

The representative is evaluated annually and is classified under 3 levels: completing the task outstanding, completing the task and not completing the task.

What? 13. The assessment criteria complete the task excellence

The agent is evaluated to complete the task excellence when it reaches all the following criteria:

1. Complete the entire mission assigned to the program, the annual work plan, which ensures the time and quality of the work;

2. Always the role model, good acceptance of the way, the chairman, the policy of the Party and the law of the State; the law of the chamber, the anti-corruption; the practice of saving, against waste; discipline, discipline; the rules, the statute of the corporation, the corporation, the company;

3. There is good moral, good moral; there is a healthy lifestyle; the margins of the standard work.

What? 14. i Mission accomplished.

The agent is assessed to complete the task upon reaching all of the following criteria:

1. The criteria are regulated at Section 2 and Section 3 Article 13 This Protocol;

2. Complete from 70% return to the mission assigned to the program, the work plan of the year, unless the case is improbable or caused by the objective cause.

What? 15. The assessment criteria did not complete the task

The agent is evaluated not to complete the task when violating one of the following criteria:

1. Complete under 70% of the mission assigned to the program, the work plan five;

2. Do not implement or violate the road, advocated, policy of the Party and the law of the State; laws on the chamber, anti-corruption; practice of saving, anti-waste, granted authority to process discipline by statute;

3. Violation of discipline, discipline; the rules of the corporation, the corporation, the company.

What? 16. Presentation, review procedure

1. The representative wrote the self-comment, the assessment by the content, the review criteria, and self-recognition of the degree of completion of the mandate under regulation at Article 11, 12, 13, 14 and 15 of this decree, sending the owner.

2. The owner references a written opinion with the Board of Directors, the Member Council on the comment, which evaluated the agent.

3. The staff of the Joint Chiefs of Staff, the Board of Directors, reports the owner.

4. The self-comment, assessment of the representative and the comments, the assessment of the Board of Directors, the Council of the Member, the owner of the decision to evaluate, categorisus the agent in terms of degrees: complete the task of excellence; complete the task; No, no, no mission.

Chapter V.

SEND, SEND, FREE, REWARD, DISCIPLINE.

THE AGENT

Item 1

SEND, RESENT THE AGENT.

What? 17. Time and Time Okay. count t It's a big deal.

1. The term as a representative is determined by the term of the holder's management position.

a) The case changes in the name of management due to a change in the name of the business, then the deadline for representation is calculated from the date appointed by the former name (the former name of the business).

b) The case of the representative elected to elect, appoints the title of manager between the term of that title, the deadline to represent is the rest of the term.

2. The time to count as a representative is the date of the elected representative, the appointment holds the title of management.

What? 18. Yeah. Yeah. i representative

1. Reach the General Standard of the Party, State, and the Standards of the Honorary Elected Representative as granted by the competent authority.

2. There are sufficient personal records issued with the jurisdiction, verification, validation.

3. In the age of gesture of representation

a) The representative elected as the representative must be old enough (in the month) to work out the terms of the 01 term by the rules of management.

b) The case of the agent is due to the need for the work that is owned by the owner to be represented as a representative at the corporation, the company's total company, the other company, and the owner of the same age as the non-regulation representative at the point of a clause.

c) The case of the representative after 1 year since the date of being judged by the owner not to complete the task or since the date of the law discipline, the dismissal is valid, if it continues to be considered as a representative, in addition to responding to the conditions of the law. Age, in full response to other conditions of the agent.

4. There is enough health to complete the task of being delivered by the competent medical authorities. The timing of the medical certification for the filing of the staff was not over for 6 months.

5. None of the cases that are prohibited from taking office under the rule of law.

6. Not in the time of law enforcement, investigation, prosecution, trial.

What? 19. Yeah. Yeah. i Yes. i area

1. Based on the capital ' s capital value, the size of the corporation, the corporation, the company, and the opposition to the condition, the standard as representative, the planning agency on the proposed cadre organization with the owner of the initiative, number, structure, human resources and expected. The specific personnel to be sent to represent, including information: they and their names; dates, months, years of birth; date of birth; date of the Party; the degree of professional expertise; political reasoning; foreign language; the office is holding; the agency, the unit is working to report the topic. Possession.

2. The owner approx the number, structure, human resources, and the specific personnel expected to be represented.

3. In the 30-day period since the date of the owner approx the number, structure, human resources to delegate, the owner must hold a meeting to personnel the expected delegate directly to present with the owner of the action program and the pledge to comply. the masters, the resolution, the direction of the owner and the implementation of the roles, the responsibility, the obligation of the representative of the term elected to represent.

4. The owner takes an opinion by the text of the grant grant of the specific personnel expected to be represented as a representative.

5. The owner considers, concluding the new problems arise (if any); discuss the opinions of the commission; the decision.

What? 20. Yeah. i represent

1. Before 3 months as the time the agent expires, the owner considers to return or not return as a representative. Where the agent is not sent back, the owner is responsible for the responsibility of the other work or settlement of the regime, the policy under the rule of law.

2. The representative was sent as a representative at a corporation, a total company, a company that did not go to two consecutive terms.

3. The condition of sending agent

a) There is sufficient regulatory conditions at Clause 1, 2, 4, 5, 6 and Point a, b paragraph 3 Article 18 This decree;

b) It must be evaluated for three consecutive years of duty before being sent to represent.

4. In the special case, depending on the particular case, the owner may consider, sending the agent when it is sufficient for at least two-thirds of the term ' s work time as a representative (as of the time eligible for retirement by regulation).

5. The procedure for the execution of the representative is specified in paragraph 4 and paragraph 5 Article 19 This decree.

What? 21. Oh. I don't know. i A man. i Yes.

1. Representative Profile:

a) The programme of the staff of the staff of the organization and the consent of the owner of the owner of the gesture of representative;

b) Primary background (according to the 2C-BNV/2008 issue issued with the Digital Decision) 02 /2008/QĐ-BNV October 6, 2008, Secretary of the Interior. The time of the scheduled testimony to the time of the grant has the authority to be representative of no more than 6 months) with the confirmation of the competent authority;

c) Self-judgment, the assessment of the agent;

d) The value of the owner;

) The conclusions examined, the inspector addressed the complaint of the complaint and the other relevant documents (if any);

e) The copy of the documents, the certificate of the degree of training, professional expertise;

g) The certificate has sufficient health to complete the task of being delivered;

h) Property manifest (prescribed);

i) The comment of the commission or the basis of the basis of the permanent residence on the acceptance of the law of the personnel and the family at the residence;

n) The action and commitment program adheres to the hosts, the resolution, the direction of the owner and the implementation of the roles, responsibilities, the obligations of the person to the owner with the adopted owner.

2. The profile of the representative is:

a) The staff of the staff of the staff of the organization and the writing of the owner's consent of the presiding officer's reorganization;

b) Primary background, documents, certificates, additional asset statistics if available;

c) Self-assessment, assessment;

d) The assessment of the term as a representative of the owner.

Item 2

FREE AGENT

What? 22. Don't No children. Don't Go.

1. The dismissal of the agent is made one of the following cases:

a) There is an application to be representative before the deadline and to be agreed by the owner;

b) Transaction other work by the decision of the competent authority;

c) To the age of retirement;

d) The owner of all capital at the corporation, company corporation, company;

In the 02 consecutive years of his tenure as a rating agent, classified at the level of not completing a mission;

e) Violation of moral or violation of the rules that the party members are not made to the representative are party members;

g) The prescribed cases in other law texts are relevant.

2. After the dismissal of the agent, the owner is responsible for assignment, layout of duty or resolution of the regime, the policy under the rule of law.

What? 23. Free Process

1. Based on the prescribed dismissal cases at Clause 1 Article 22 This decree, the planning agency on the organization of preparation:

a) Proposal for the task of dismissal of the search holder, the decision;

b) The profile is: primary background; the work suggests the dismissal of the staff of the staff of the organization; the assessment, the assessment.

2. The owner considers, decides.

Section 3

COMMENDATION, REPRESENTATIVE DISCIPLINE

What? 24. Khen mail in -

The representative of the achievement or process of dedication is rewarded according to the law of the award for the award of reward.

What? 25. i scope

1. objectively, fair, very serious, legally.

2. Each law violation only applies a form of discipline. If the representative had multiple violations of the law, it was considered disciplined for each violation of the law and applied the form of discipline weighing more than one level in the form of discipline imposed on the worst violations, except for the case of being executed. The discipline of the law is in the form of a forced one.

3. The case of a representative who continues to have a violation of the law in the time of the law enforcement decision is to apply the form of discipline as follows:

a) If there is a violation of the law that is dealt with discipline in a lighter form or equal to the form of law that is enforced, applying the form of discipline is much more severe than the form of discipline being enforced;

b) If there is a violation of a law that is disciplined in the form of a heavier form than the form of law enforcement, the discipline of discipline is one level heavier than the form of discipline applied to the behavior of the new law.

The decision to discipline the implementation of the enforced effect from the time of the disciplinary decision to the violation of the new law took effect.

4. The return attitude, repair, and remediation of the consequences of the agent whose behavior violates the law as a consideration of increased or mitigable consideration when applying the form of discipline.

5. Time has not yet considered disciplinary treatment for the representative in the prescribed cases at Clause 1 Article 31 This decree does not count on the statute of discipline.

6. Prohibition of all breaches of the body, honor, dignity of the agent during disciplinary processing.

What? 26. i And, t Discipline and discipline.

1. The era of discipline processing

a) The statute of discipline is 24 months from the time the agent has a violation of the law until the day the owner makes a written notice about the trial of discipline.

b) When the representation of a representative law violates the representative, the owner must issue a written notice of the review of disciplinary action. The announcement must specify a time when the agent is in violation of the law, the time of the appearance of the representative who had a violation of the law and the statute of discipline.

2. The disciplinary action deadline

a) The maximum discipline of discipline is 2 months, since the time of the appearance of a representative who violates the law until the date of the owner's decision to process discipline.

b) The case involving multiple persons, having a state of mourning, or other complications, or other complex conditions, the owner of the decision extends the statute of limitations under the provisions of Article 2 80 Rules of Officer, civil service.

What? 27. Penal form

The form of discipline is: reprimand, warning, forcing.

What? 28. Oh. Responsibility

The form of discipline is applied to the agent who has one of the following violations of the law:

1. First violation, do not perform the task of being delivered without the correct reason;

2. Taking advantage of the office, the power to use the capital and assets of the corporation, the company ' s total, the company to profit itself and for others;

3. Violate the charter of corporation, corporation, company, decision to cross jurisdiction, use of post-employment, the right to cause damage to the corporation, the company ' s total company, the company and the State;

4. Violation of the regulation of the law on the chamber, anti-corruption; practice of saving, anti-waste; discipline of labor; gender equality; prevention, anti-prostitution, and other provisions of relevant legislation.

What? 29.

The form of a warning discipline applicable to the agent has one of the following violations of the law:

1. Use of unlawable paperwork to be sent to represent; granted or confirm legal papers for the ineligible, non-jurisdiction;

2. Use the information, document of the corporation, the company general, the company for the benefit;

3. To lose the capital of the State;

4. The corporate financial unhonesty report, the corporation, the company from 02 or 1 times or 01 times but severely misaligned the financial financial situation;

5. Violation at the seriousness of the rule of law on the chamber, anti-corruption; practice of saving, anti-waste; discipline of labor; gender equality; prevention, anti-prostitution, and other provisions of relevant legislation.

What? 30.

The form of discipline is forced to stop applying to the agent who has one of the following violations of the law:

1. Being fined without a suspended sentence;

2. The confirmed drug of the medical authority has jurisdiction;

3. Serious breach of financial management, accounting, audit, and other regime, there is the conclusion of the court or the competent authority;

4. There are decisions, directed, executive to corporation, the total company, the losing company, state capital losses that cause serious consequences;

5. Violation at a particularly severe degree of regulation of law on the chamber, anti-corruption; practice of saving, anti-waste; discipline of labor; prevention, anti-prostitution, and other provisions of relevant legislation.

What? 31. The cases have not considered discipline and m i Discipline and discipline.

1. The cases have not yet considered disciplinary treatment

a) The agent is on a yearly vacation, taking a break from the regime, taking a private leave under the rule of law granted jurisdiction.

b) The agent is in the time of treatment for the confirmed disease of the competent medical authority.

c) The agent is that the female is in pregnancy, maternity leave, who is raising her children under 12 months of age.

d) The agent is in custody, pending the conclusion of the authority of the authority to investigate, prosecute, trial on violations of the law.

2. The cases are exempt from law discipline

a) The authority has the authority to confirm the loss of civil conduct in violation of the law.

b) must accept the decision of the above level as stipulated at paragraph 5 Article 9 The Law of Officer, civil.

c) The authorities have the authority to confirm the violation of the law in an unimpede situation when the execution of the service.

What? 32.

1. Founded the Council of Law

The owner has jurisdiction under regulation at Article 4 and Article 5 of this decree decides to set up a disciplinary board to advise the application of disciplinary form to the representative of the violation of the law, except for the specified case in Clause 2.

2. The cases do not form the disciplinary board

a) A representative who has a violation of the law is sentenced to prison without a suspended sentence.

b) The agent is considered to be disciplined when there has been conclusions about the violation of the law and the motion to handle the discipline of the competent authorities.

3. The organization meets the representative rating of a violation of the law.

The organization of the test meeting is conducted for the established cases of the Law Council and does not set up the Council of Discipline Specified in Clause 1 and Clause 2 This is to be conducted as follows:

a) The head or deputy of the competent authority has the responsibility to hold the test meeting and decide the part of the session;

b) The representative has a violation of the law that must make self-control, the solution of violations and self-recognition of discipline. The license point to the grant has jurisdiction over at least 05 working days, as of the date of the exam meeting.

In case the agent had a violation of the law that did not make self-checking or absenters after 02 sent a summons without a legitimate reason, until the third time after sending a summons, if he continued to be absent, the checkup was still available. It ' s done.

c) Content-control meeting: the person who is checked by reading self-control, the members attend the consultation, the presiding officer and the members of the ballot board voted to close the disciplinary agenda.

The representation of the representative checklist has a violation of the law stipulated at this must be established as a border. The examination of the auditor meeting must have a disciplinary petition to the representative who has a violation of the law. In the 5-day period of work since the end of the test meeting, the editorial meeting is sent to the Chair of the disciplinary board in the case of the establishment of the disciplinary council or the competent person to process discipline in the unfounded case. Disciplinary board to review the jurisdiction.

What? 33. disciplinary board member

1. The disciplinary board has five members, including:

a) Chairman of the Council is the owner of the owner;

b) A Council Commissioner is a delegate-level representative to the owner;

c) A Council Commissioner is a representative of the state's capital at the corporation, the corporation, the company whose representatives are considered to be disciplined, the Council of the Council is appointed by the representative of the corporation's representative, the corporation, the company.

d) A Council Commissioner is representative of the corporation 's corporate executive committee, the company' s total company, the company whose representatives are disciplined for discipline;

A Commissioner and Secretary of the Council is in charge of the staff of the staff.

2. Not to be sent to have family relations like the father, mother, child legally admitted; wife, husband; brother, sister; brother-in-law; brother-in-law; sister, sister-in-law; sister-in-law, sister-in-law, sister-in-law. A disciplinary board.

What? 34. i The discipline.

1. The disciplinary board meets when there are up to 3 members who have become involved, including the President of the Council and Member and Secretary of the Council. The Council of Disciplinary Petitions applied the form of discipline by closed ballot results with a result of over 50% of the members ' opinion of the meeting.

The Council of Disciplinary Assembly of the Council of the Council meets only the four participating members whose ballot results of a ballot that applies the form of discipline to only 2 members of the approved meeting, of which the President of the Council is appointed by the Chairman of the Council.

2. The meeting of the disciplinary board must be inscribed with the opinions of the expected members and the results of voting for the form of discipline.

3. The disciplinary council itself dissolved after the completion of the mission.

What? 35. Presentation, disciplinary processing procedure

1. Organisitor General Meeting

a) Prepare to meet:

-At least 7 days of work before the Council's disciplinary meeting, the summons must be sent to a representative of the breach of the law. The representative who had a violation of the absence of the law was in the absence of a good cause. In case the agent had a violation of the absence of the law, followed by two million papers without a legitimate reason, until the third time after he had sent a summons, if he continued to be absent, the disciplinary board would still consider and petition for a record. the law;

-The disciplinary board may invite more representative of political, political-social organizations where the representative has a violation of the law that is working on a meeting. The invited person has the right to give opinions and propose a form of discipline but not to vote on the form of discipline;

-Commissioner and Secretary of the disciplinary committee tasked with preparing the document, the filing is associated with disciplinary handling, writing the meeting of the Council of the Disciplinary Board;

-A disciplinary set of disciplinary legislation consists of self-control, background self-discipline, the editorial meeting of the corporation, the company's total company, the company where the representative has a violation of the working law and other documents that are relevant.

b) Session:

-Chairman of the disciplinary committee announced the reason, introducing the participants;

-Commissioner and Secretary of the disciplinary panel read the representative's rationally, the representative's background, and the other documents that are relevant;

-The agent has a violation of the self-checking nature. If the representative had a violation of the absence of the law, the Secretary of the Council reads instead. If the representative had a violation of the law that did not make the self-confidence, the disciplinary committee conducted the remaining sequences of the meeting under the provisions of this clause;

-Commissioner and Secretary of the Commission read the editorial meeting.

-Members of the disciplinary committee and the participants of the consultation meeting;

-The representative had a violation of the opinion statement. If the representative had a violation of the law without a comment or absence, the Council of Disciplinary Assembly conducted the remaining order of the meeting in accordance with the provisions of this clause;

-The disciplinary board voted to apply the form of discipline;

-The chairman of the disciplinary board announced the results of the closed ballot and passed the meeting the meeting;

-The president and the Commissioner and Secretary of the Council are signed into the meeting.

In the case of many representatives of the corporation, the company's corporation, the company has a violation of the law, and the disciplinary board meets to conduct disciplinary action against each of its representatives.

2. Decide discipline

a)

-During the 5-day period of work since the end of the meeting, the disciplinary board must have a petition for the treatment of written discipline (accompanied by a written record and record) to have the authority to dispose of the discipline under regulation at Article 4 and 5 of these decrees;

-For a 15-day period of work since the date of receiving the petition text of the disciplinary Council in the case of the establishment of the Council of Disciplinary or the Protocol of the Regulation Meeting at paragraph 3 Article 32 This decree in the event of no establishment. The law of discipline is the judge of discipline that determines the discipline of law or the conclusion of the person who does not violate the law.

-The case with complex circumstances is the authority to take disciplinary action that extends the statute of discipline under regulation at Point 2 Article 26 of this decree and is responsible for its decision.

b) The discipline decision must be specified at the time of the enforced effect;

c) After 12 months from the date of the decision to discipline the law enforcement effect, if the representative does not continue to have a violation of the degree of discipline, then the discipline decides the statute of termination without text of the termination of the effect. Go.

What? 36.

The representative was dealt with discipline with the right to complain to the disciplinary decision in accordance with the law of the complaint.

What? 37. Rules of discipline.

1. The representative discipline of representative of the Council of Disciplinary Disciplinary Board has the authority to review the discipline; the self-examination; the editorial meetings; the complaint letter, the examination, the inspection conclusion, and other documents are related; the document is written. meeting the disciplinary board and deciding discipline.

2. The disciplinary record is kept in private records. The disciplinary decision must be written in the background of the person who is disciplined.

What? 38. i Compensation, reimbursable. i area

The representative has a violation of the law that damages the economy, the property of the State and of the corporation, the corporation, the company, is liable for compensation, reimbursable by the rule of law.

Chapter VI

NOMINATED FOR ELECTION, THE PETITION FOR THE DISMISSAL OF THE BOARD OF DIRECTORS, THE CHAIRMAN OF THE BOARD, THE CHAIRMAN OF THE BOARD OF MEMBERS. QUIT YOUR JOB, RETIRE, AND MANAGE YOUR AGENT PROFILE

What? 39. Recommend to vote, free petition i Board member, Chairman of the Board. i co-governance, Chairman of the Board of members

The owner decided in writing

1. Proposal to a representative of the corporation, the corporation, the company to vote; the dismissal petition holder holds the titles: members of the board, the Chairman of the Board, the Chairman of the Board.

2. The mandate for the representative to participate in the opinion, vote and decision at the Grand Council of the East or the Board of Directors, the Board of Deputies is correct the law to vote; the petition for the dismissal of the representative holds the titles: the city. The Board of Directors, Chairman of the Board, Chairman of the Board of Directors.

What? 40. Don't c

1. The agent is left to have one of the following cases:

a) Due to organizational arrangements;

b) By the desire and to be agreed by the owner;

c) By regulation at paragraph 4 This.

2. The representative who has a wish is to have the application to the owner of the review, the decision. In the 90-day period since the date of receiving the application, the owner must respond in writing, if it does not agree to the fact that the reason is specified at Article 3 of this Article 3.

In the absence of a co-owner, the agent who himself quit the job does not enjoy the job.

3. Do not address the treatment of the representative in the following circumstances:

a) Are in the time of being considered, disciplined for discipline or being pursued for criminal responsibility;

b) The agent is female who is pregnant or raised children under 36 months of age, except for the case of the hope;

c) Yet to complete the payment of the funds, the assets are personally responsible for the corporation, the company ' s total, the company;

4. The case of a representative who has 2 years in a row does not complete the task for which reasons are not approved by the owner, the owner of the other business or the settlement is determined by law.

5. The delegate stop being granted the allowance by regulation at Article 5 and Article 6 of the Digital Protocol 46 /2010/NĐ-CP April 27, 2010 The government provides for the resignation and procedure of retirement.

6. The cost of implementing the regime is done to the agent due to the corporation, the company ' s total, the company paid.

What? 41. Retired.

The representative is entitled to the pension regime under the provisions of the Social Insurance Act. The retirement procedure for the representative executed by regulation at Article 9, 10 and 11 Decree Numbers. 46 /2010/NĐ-CP April 27, 2010 The government provides for the resignation and procedure of retirement.

What? 42. What? the profile

1. The establishment, retention, and management of the agent's personal profile according to the management hierarchy and execution as a profile retention to the public.

2. Every year the corporation, the corporation, the company does the statistical work, adds the profile of the agent as stipulated to the public to report the owner.

Chapter VII.

EXECUTION CLAUSE

What? 43. i Execs.

1. This decree has been in effect since 10 December 2015.

2. Repeal Decree 66 /2011/ND-CP August 1, 2011 of the Government stipulated the application of the Law of Officer, public to the title of leadership, managing the LLC a member owned by the state as the owner and who was sent as a representative of the state's capital at the business. It's a State of the Republic.

What? 44. Oh. Take action.

1. The Ministry of Internal Affairs guidelines for compensation responsibility, the return of the representative by regulation at Article 38 of this decree.

2. The Ministry of Defense, the Ministry of Public Security on the management of the representative of the state capital at the business the State holds over 50% of the charter capital of the Ministry of Defence, the Ministry of Public Security as its owner.

3. The Department of Industry Management, the Provincial Committee of the Provincial People's Committee on the Management of the Representative of the State Capital at the business the State holds no more than 50% of the charter capital, the Provincial People's Committee as the owner.

4. Corporation, Corporation, Corporate Management, Corporate Management, Corporate Corporation, Corporation, Corporation, Corporation, Corporation, Corporation, Corporation, Corporation, Corporation, Corporation, Corporation.

What? 45.

1. The Ministry of Internal Affairs is responsible for guidance, inspection and report of the Prime Minister for the implementation of this decree.

2. Ministers, peer-agency Prime Minister, Chief Minister of Government, Chairman of the Provincial People ' s Committee, the Central Committee of the Central Committee, Chairman of the Board, Chairman of the Group Member Council, the company, the company that the State holds. holding on 50% of the charter capital responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung