Decree 97/2015/nd-Cp: Title Holder Management, Position In The Business Is A Limited Liability Company Members That The State Holds 100% Of The Charter Capital

Original Language Title: Nghị định 97/2015/NĐ-CP: Về quản lý người giữ chức danh, chức vụ tại doanh nghiệp là công ty trách nhiệm hữu hạn một thành viên mà Nhà nước nắm giữ 100% vốn điều lệ

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The DECREE on the management of the person who holds the title, the position in the business is a limited liability company members that the State holds 100% of the capital of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law officers, on November 13, 2008;
Pursuant to the law of business on November 26, 2014;
Pursuant to the law of management, use of State capital investments in the production, business in the enterprise on November 26, 2014;
According to the recommendation of the Minister of the Interior, the Government issued the Decree on the management of the person who holds the title, the position in the business is a limited liability company members that the State holds 100% of the capital.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the jurisdiction decisions, due diligence; part-time; reviews, fostering knowledge; the planning; appointment, appointment; resignation, dismissal, maneuver,; Awards, discipline; quitting, retirement and records management for people who hold the title, the position in the business is a limited liability company members that the State holds 100% of the capital.
Article 2. Application object 1. The business is a limited liability company members that the State holds 100% of the Charter capital include: the parent company of the corporations, the State Corporation under the parent company-subsidiary, independent companies not belonging to the structure of the parent company-subsidiary (hereinafter referred to as the Group , company, Corporation) be the Prime decision established or ministries, ministerial agencies, government agencies (hereafter referred to as the logical sectors), the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) decided to establish.
2. The holder of the title, the position in the business is a limited liability company members that the State holds 100% of the Charter capital, include: a) Chairman of the Board members;
b) Chairman of the company;
c) members of the Board members;
d) control;
DD) General Director;
e) Vice President;
g) Director;
h) Deputy Director;
I) Chief Accountant.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the business manager is the person who holds the title, position as specified in clause 2 2 of this Decree.
2. open planning is planning 12 titles, positions need some planning and 1 person can plan on some titles; the introduction of the person on the planning is not self-contained in each enterprise; not only put into the planning of business managers, employees in place that need to put into the planning of business managers, employees in other businesses have enough standards, conditions and prospects took the title, position planning.
3. Planning is planning are periodically reviewing, supplementing, adjusting annually; take out the Planning Manager, the employee is no longer eligible, conditions, with no prospects for development or low-prestige through annual confidence votes taken; In addition to planning the business managers, new employees have development prospects.
4. first appointment is the appointment of workers for the first 1 position Manager or business manager appointed on 1 position higher management positions are kept.
5. Age age appointed to be calculated from the day of birth till date in writing of approval authority appointed advocates.
6. The agency advised about personnel include: a) the Service Organization Department, organizing Committee officials in The management of the sector;
b) Interior Department in provincial people's Committee;
c) Department (room) personnel in the Corporation, the Corporation, the company.
7. Level the Committee at the same level as the Party Committee the Corporation, Corporation, company or party Committee the group parent company, Corporation, firm (if not already established Party Committee the Corporation, the Corporation, the company).
Chapter II JURISDICTION DECISIONS and ASSESS the CONTENT MANAGER BUSINESS MANAGEMENT article 4. The authority of the Prime Minister to decide on planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quit, retire on basis of proposal of the industry management and evaluation of the opinion of the Ministry of Interior for: 1. The President of the Council of the group members;
2. the President of the Council members, the Director General Of the company business and investment capital.
Article 5. The authority of the Ministry of industry management, provincial people Committee 1. Industry Manager a) decisions about planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quit, retire on the basis proposed by the Council members, the Corporation, Board member or President of the company in The industry for management to: members of the Board members of the Group; Chairman of the Board of directors or President of the company; members of the Board members of the company or the company.
b) decisions about planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quit, retire for control of major corporations, Comptroller of the company, the company management in the industry.
2. The Ministry of finance to decide on the planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quit, retire to the group financial controller, the controllers Of the company business and investment capital.
3. a provincial people's Committee) decision on planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quit, retire on the basis of recommendations of the Board of Directors of the company, Board member or President of the company in the provincial people's Committee for : The President of the Council members, the President of the company; members of the Board members of the company or the company.
b) decisions about planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quitting, retirement for controllers of the company, the company belongs to the provincial people's Committee.
4. The Agency counsels about responsible officer organization counsels, suggested to the Minister of industry, with the Management Committee and Chairman of the provincial people's Committee on the implementation of the content management business manager.
Article 6. The authority of the Corporation, the Corporation, the company management in the industry, provincial people Committee 1. Board member corporations, the Corporation decided on planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quit, retire with: a) to the Director General on the basis of the proposal of the Council members and after a unanimous opinion written by the Ministry of industry management , of the people's Provincial Committee;
b) Deputy Director, chief accountant on the basis of the proposal of the Director General.
2. Board member or President of the company decided on planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quit, retire to the Director General or directors of the company after the unanimous opinions written by the Ministry of industry management , of the provincial people's Committee.
3. The Director General of the Corporation, the Corporation; The company directors decide on planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quit, retire to the titles, according to authoritative hierarchies.
4. The Agency counsels about responsible officer organization counsels, suggested to the President of the Council members, the President of the company, the Board members, the Director General, the Director of the content management for Enterprise Manager.
Article 7. The authority of the Ministry of the Interior evaluation of planning, appointment, appointment, resignation, dismissal, maneuver, rotation, reward, or discipline, quit, retire to the title under the provisions of article 4 of this Decree.
Chapter III RULES on PART-TIME for a MANAGEMENT POSITION titles, article 8. Provisions on part-time for the title President of the Council members, the President of the company, members of the Board members 1. Who was appointed the Honorary President of the Council members, the President of a company) is Not public servants;
Case officers, public servants are appointed to managerial decisions, what activity (for public servants) or to terminate the contract of employment (for employees).
b) Not be concurrent titles Of Director, Director at the Corporation, the Corporation, his company and other businesses.
c) is not the Chief Executive, management positions in the Corporation, the company members.
2. Who was appointed the honorary members of the Board members a) made under the provisions of point a and point c of Paragraph 1 of this article.
b) can the title Chief Director General, the Director of the Corporation, the Corporation, his company.
Article 9. Provisions on part-time for the position Of Director, Deputy Director, Director, Deputy Director, 1. The person appointed to hold the title Of Director, Deputy Director, Director, Deputy Director, not as public servants;
Case officers, public servants are appointed to managerial decisions, what activity (for public servants) or to terminate the contract of employment (for employees).
2. Do not be concurrent titles Of Director, Director of other business.
Chapter IV REVIEWS and FOSTERING KNOWLEDGE for ENTERPRISE MANAGER 10. Base the base assessment reviews include: 1. The Charter of the Corporation, the Corporation, the company;
2. Rights, responsibilities of Council members, the President of the company in accordance with the law;
3. work plan has to be approved by the authority.
Article 11. The time reviews The reviews business manager made every year right after the publicity business in financial statements as prescribed and before making the process of planning, appointment, appointment, resignation, dismissal, reward, or discipline for Enterprise Manager.
Article 12. The Authority reviews and the responsibility of the evaluation 1. The Authority reviews

a) Minister of industry managers, the Chairman of the provincial people's Committee reviews Board Member Chairman, President of the company, members of the Board members, specialized controllers.
b) Board Member, President of the company reviews, General Director, Director.
c) Director General, the Director reviews the other business management under decentralized authority.
2. Responsibilities of reviewers who was competent to assess the business manager responsible for its assessment decisions.
Article 13. The content reviews 1. The results of the mission according to the program, the plan or the term is approved by the authority, including: a) the results of the implementation of the goals, the tasks assigned;
b) results, the efficiency of production and business of the Corporation, the Corporation, the company.
2. The results of monitoring and evaluation of the performance of the competent authority for the Corporation, the Corporation, the company under the provisions of the law.
3. The implementation of the Charter of the Corporation, the Corporation, the company.
4. Executive way, advocates, policy of the party and the law of the State; the law on prevention of corruption; the practice of saving, waste prevention; rules and regulations of the Corporation, the Corporation, the company.
5. political, moral quality, lifestyle, style and way of working margin.
6. leadership, management capacities, operating and implementing organizations.
7. active participation by the owner, the Corporation, the Corporation, the company held.
Article 14. Sort reviews business managers are evaluated annually and are classified as level 3: complete-excellent quest, completed the task and do not complete the task.
Article 15. Evaluation criteria completed exceptional mission business managers are judged outstanding mission completion when achieved all of the following criteria: 1. complete business on 90% of the tasks according to the program, work plans, except in cases of force majeure or due to objective reasons;
2. Always exemplary, good standing way, advocates, policy of the party and the law of the State; the law on prevention of corruption; the practice of saving, waste prevention; Charter, bylaws, bylaws of the Corporation, the Corporation, the company;
3. the political quality, good ethics; have a healthy lifestyle; the standard way of working the margins;
4. Leadership, management, direction, operating the unit members or fields of responsibility to complete its assigned tasks;
5. Attend at least 1 social activity due to the owner, group, Corporation, the company held.
Article 16. Evaluation criteria complete Enterprise Manager task is evaluated complete tasks when achieved all of the following criteria: 1. The criteria set forth in paragraph 2, 3 and 5 to article 15 of this Decree;
2. complete business from 70% to 90% of the tasks according to the program, work plans, except in cases of force majeure or due to objective reasons;
3. Leadership, management, direction, operating the unit members or the field was put in charge of completing the task.
Article 17. Evaluation criteria do not complete the task of business managers are judged not complete tasks when the violation of one of the following criteria: 1. complete business below 70% of the tasks according to the program, work plan;
2. Leadership, management, direction, operating one of the units or members areas of responsibility does not complete the task;
3. Don't make or break the way, advocates, policy of the party and the law of the State; the law on prevention of corruption; the practice of saving, against waste, being authorized under the disciplinary regulations;
4. Violating the Charter, bylaws, bylaws of the Corporation, the Corporation, the company;
5. To occur loss of solidarity in the Corporation, Corporation, company or the subsidiary responsibility.
Article 18. Order and procedure reviews 1. Enterprise Manager write a comment yourself according to content, evaluation criteria and levels themselves to complete the tasks as defined in Articles 13, 14, 15, 16 and 17 of this Decree; presented at the meeting of the Council members to the Council members participate in comments or send the President of the company.
2. The Council of members, company President opinions reviews written by the Commissioner to grant the same level for each Enterprise Manager.
3. The Council of members meeting to announce the opinion of Committee-level discussions, and consistently reviews, classified according to the business manager of the level: completed tasks, completed tasks, do not complete the task.
4. The President of the company's consultation Committee, decide on reviews, classified according to the business manager level: completed tasks, completed tasks, do not complete the task.
5. The minutes of taking the opinion of the members of the Board members and Committee level the same level for the management of the enterprise is the President of the Council members, the President of the company, members of the Board members was sent to the Ministry of industry management, provincial people's Committee considering reviews , classifieds.
6. With respect to the control of the Member, a self-described sent the Minister of industry or the Chairman of the Management Committee of the provincial people's consideration and decision.
7. Results evaluation, sorting is saved to the profile and notification to the management of the business.
Article 19. Fostering knowledge 1. The fostering of knowledge for the management of the enterprise is based on the position, the title of the standard management and business planning, human resource development plan of the Corporation, the Corporation, the company.
2. Study results, fostering knowledge of the business management is recognized as a task and are reviewed to assess the implementation of the annual mission.
3. Business Manager time involved in fostering knowledge enjoy the salary intact; fostering knowledge time count on the continuous work time, the time limit for considering raising the ranks of salary and other benefits as prescribed by the law.
4. Business Manager was involved fostering knowledge by State budget resources or financial resources of business if arbitrarily quit, quit, or have already finished school but has not served enough time under the commitment that arbitrarily quit it must compensate the cost of upgrading knowledge in accordance with the law.
5. The Ministry of the Interior regulation of content, time, form of fostering knowledge for every business manager position.
Chapter V article 20 PLANNING. Implementing rules 1. Staff are reviewed for inclusion in planning a) Must meet the general standards of the party, the State and meet basic standards of each of the titles by the management authority.
b) Is based on the mission requirements of the Corporation, the Corporation, the company.
c) Must review about political, ethical quality, lifestyle, power levels, practices, trends and development prospects before bringing in the planning.
2. With regard to personnel management office then just projecting higher titles and are old enough (enough) to be at least 1.
3. Planning is made according to planning and zoning.
Article 21. The preparatory steps before performing the process of planning in the beginning of each period of 5 years from 2016, Board Member, Chairman of the company must prepare the building planning, including the following: 1. Directing, guiding the Organization, subdivisions build complete the planning for the decentralized management of titles as the basis for the source selection planning his direct management level;
2. Reviews of enterprise managers, employees.
Article 22. Implementation planning processes 1. Introduction list of anticipated HR planning source a) staff Agency about organizing and planning officers recommending list, including the information: full name; day, month, year of birth; hometown; on to the party; Professional level; the level of political argument; foreign language proficiency; the position, whether public officials or occupations officer; the unit is the work; the ratio of votes introduced planning management positions at lower levels.
b) Chief of Agency Organization the reporting officers Board Member, President of the company.
c) Board Member meeting to introduce more human; Board Member, President of the company decided to list the personnel and the written opinions of the Commissioner to grant the same level.
d) Board Member meeting notice-level Commissioner's comments, discussions, secret ballot decide to list expected to give opinions at the meeting took the vote to introduce planning source;
Company President Commissioner's consultation, decided to list expected to give opinions at the meeting took the vote to introduce planning source.
2. The Conference took the vote to introduce the Conference planning resources is conducted when there are at least two-thirds of people are summoned to join the Conference.
a) Conference components (not including the titles are granted authority to hire)-for the taking of votes planned in the group management titles + in the Group: Chairman of the Board members, members of the Board members, Comptroller, General Manager, Deputy General Director, Chief Accountant , head and Deputy Head of the Professional Committee, Chief and Deputy Chief of staff, level Standing Committee Standing Committee, Secretary of the Corporation Committee of the parent company level, Union Chairman, Secretary of the Youth League.
+ In the Corporation, the company 100% owned: President of the Council members, the President of the company, inspectors, members of the Board members, the Director General, Director, Secretary-level Committee.
+ In the Corporation, the company which the Group holds over 50% of the capital: the representative of the Group's stake, Secretary-level Committee.
+ In the Corporation, the company which the Group holds 50% back down: the representative group of people representing of the group, Secretary-level Committee.
+ In the business units of the Group; the head, Secretary of the Committee of supply.
-For obtaining the vote of the planning of management positions in the Corporation in The management of the industry, the provincial people's Committee

+ In the Corporation: Chairman of the Board members, members of the Board members, Comptroller, General Manager, Deputy General Director, Chief Accountant, Chief and Deputy Chief of the expertise, the Chief and Deputy Chief of staff, level Standing Committee Standing Committee, President of the Union, Youth League Secretary.
+ 100% of the companies in the Corporation: Chairman, controller, Director, Secretary-level Committee.
+ Company in which the Corporation holds over 50% of the capital: the representing of the Corporation, the Secretary of the Committee of supply.
+ In the company of the holding company from 50% back down: the representative group of people representing the capital of the Corporation, the Secretary of the Committee of supply.
+ In the business units of the Corporation: the head, the Secretary of the Committee of supply.
-For obtaining the vote of the planning manager positions in the company in The management of the industry, the provincial people's Committee: Chairman of the Board of directors or President of the company, members of the Board members, the Comptroller, the Director, Deputy Director, Chief Accountant, Chief and Deputy Chief of the expertise , Chief and Deputy Chief of staff, level Standing Committee Standing Committee, President of the Union, Youth League Secretary, who represents the company's stake in the Organization, the unit that the company holds over 50% of the Charter capital, the representative group of people representing the company's stake in the Organization, the unit that the company holds 50% or less.
b) Conference content-Chairman of the Board, company President chairing the meeting, common purpose, requirements, standards, conditions and source structure planned for each title.
-Chief of personnel planning and referral staff are specified in point d of paragraph 1 of this Decree 22 Thing.
-The Conference members can introduce more external planning sources list was prepared but not have résumé, reviews, reviews by the referral and the introduction of the preparation.
-Conference and seminar participants comments.
-Organizations get the votes of confidence in the form of secret ballot. Those who direct the new Conference was to vote, including the steps of: Board votes to play bond and how to record the votes (the votes by the agency advised about personnel prepared according to stipulated); recorded votes and vote; Board votes to check out the number of votes and announced at the Conference: the vote plays out and the number of votes; Board votes to proceed to check out and set up a vote tally.
-Chief of general staff organization referral coupons, review the conditions of individual standards, recommended the planning for each title.
3. On the basis of the aggregate vote results announced at the meeting, the Chief of personnel reported the Council members, the President of the company a list of the people who are the Conference introduction. Board Member, President of the company consulted in writing of the Commissioner to grant the same level. The local Committee level case is the upper level of granted the Commission the Corporation, the Corporation, the company shall obtain the written comments of the Committee of the local level.
4. Consider a planning decision), Board member of the meeting reported the opinion of the Committee of supply debate, secret ballot, decide who is planned for each title and ensure management January request titles are planned from 2 to 4 people, not planning on 1 person 1 titles; not planning on 1 March to the title; three age structure in the planning, stretching between the age of 5 years, is specific: under 40 years old, no less than 15%; from 40 to 50 years, approximately 55% to 65%; over 50 years, about 20% to 30%. Only the authorized planning when to meet this requirement.
Those who are over 50% of the total number of members shall be decided or approved the review authority, decided to take on planning.
b) Chief agency of personnel reported company President results General comments at the meeting and introduced the comments of the party committees at the same level; Company President Commissioner's consultation, the decision or the authority to review the decision taken on planning.
Article 23. The planning report 1. Board Member, President of the company is responsible for the report and the list of authorized personnel records suggest the planning of management titles granted his approval.
2. The Minister of industry is responsible for management reporting the Prime listings and personnel planning proposal titles, according to the provisions of article 4 of this Decree for approval, and send the home appraisal.
3. June every year, the Ministry of Interior General synthesis about the planning of the Corporation, the Corporation of the Ministry of industry management to report to the Prime Minister.
Article 24. Recurring construction and additional errata, adjust planning 1. Each period of 5 years just building planning 1. At the beginning of the second year of the period of the construction planned for the following period.
2. April, Council members, the President of the company planning to consider additional new factors into the planning and putting off planning who no longer meet the standard, the condition of title planning.
3. additional new HR processes into planning a) pursuant to the plan of the planning has been approved by the authority; the required base, the Mission of the Corporation, the Corporation, the company; the resulting base reviews business managers, employees annually, the agency advised about personnel Organization introduced a list of expected additional personnel planning, including information: full name; day, month, year of birth; hometown; on to the party; Professional level; the level of political argument; foreign language proficiency; the position, whether public officials or occupations officer; the Agency, the unit is working.
b) Chief of Agency Organization the reporting officers Board Member, President of the company personnel list expected additions.
c) Board Member meeting to introduce more human; Board Member, President of the company decided to list additional personnel in the planning and the written opinions of the Commissioner to grant the same level. The local Committee level case is the upper level of granted the Commission the Corporation, the Corporation, the company shall obtain the written comments of the Committee of the local level.
d) Board Member meeting notice-level Commissioner's comments, discussions, secret ballot to decide the new personnel added to the master plan for each title. Those who are over 50% of the total number of members shall be decided or approved the authority to consider additions to the planning;
Company President Commissioner's consultation, the decision or the authority to consider additions to the planning.
4. The process of taking out the planning who no longer meet the standard, the condition of title to planning a) zoning plan base of corporations, the Corporation, the company has been approved by the authority; the required base, the Mission of the Corporation, the Corporation, the company; the resulting base reviews business managers, workers, staff of agency personnel review the list was planned, make a list of those who no longer meet the standard, the condition of the title report Planning Board Member, President of the company.
b) Board members the meeting discussion, the secret ballot, the decision or the authority taken away from those who are planning on 50% of the total number of members approved;
Company President decision or the Authority put off planning.
Article 25. Planning profile 1. The newspaper industry Manager, provincial people's Committee.
2. the Papers of the Council members, the President of the company.
3. extract the horizontal list who are planning certified by the competent authority to manage the business managers, employees.
4. Review of Council members, the President of the company.
5. the Committee's review.
Chapter VI appointment, APPOINTMENT BACK BUSINESS MANAGER Item 1 DEADLINE HELD, conditions of APPOINTMENT Article 26. The time limit for serving 1. The time limit for serving as business manager for 5 years;
For controllers, the time limit for serving is 3 years.
2. where the business manager was assigned, appointed a new Minister to the old position, the equivalent of time holds the position calculated from the date of the decision to appoint a new Minister, effective enforcement.
3. in case of change management titles due to the name change, the business holds term is calculated from the date appointed by the decision by the former Minister (the old name of the enterprise).
Article 27. Conditions of appointment 1. The General standard of the party, the State and standard of the titles issued by the authority.
2. Planning for appointed positions for human resources in place or being planned to title the equivalent title for appointed personnel resources from other places.
3. Have enough profile to be competent evaluators, verify, confirm.
4. in the age of appointment of a) Are old enough (by months) to be at least 1 term of management titles as of the date signed by the authorized approved appointed advocates.
b) where business managers do the work that needs to be delivered to the new Minister is equivalent or lower positions are kept does not count years appointed as defined in point a of this Paragraph.
c) where business manager being judged not complete tasks or discipline from reprimand to the lower ranks of salary or were dismissed or resigned because of violation of discipline, law, after 1 year from the date of being competent reviews do not complete the task or since the date of the decision to discipline , resignation, resignation effective enforcement (including discipline breaches earlier but up to now the newly discovered and recently have decided to discipline), if considered, proposed the appointment of the Management Office, the conditions of appointment made in accordance with point a of this Paragraph.
5. Be healthy enough to complete the mission assigned by the competent health authorities. The time of the health certificate to the date of submission to the Chief of personnel not exceeding 6 months.
6. in cases Not prohibited assignment under the provisions of the law.
7. Not being in time enforcement of discipline from the form of rebuke.

8. Not being in time disciplinary review, investigation, prosecution, trial.
9. in case of the recommended appointment of personnel are in time the competent authority, the Inspectors examined the decisions appointing the authorized exchange with Chief Inspector Corps, check before appointment.
10. In addition to the conditions specified in paragraph 1, 2, 3, 4, 5, 6, 7, 8 and 9 of this article, the appointment of inspectors, accountants have to comply with the provisions of the relevant laws.
Section 2 APPOINTMENT PROCEDURE Article 28. The proposal advocates 1. After the Exchange, unity in the Council members about the need to appoint the title-winning Manager, Council members decided or approved by authorized undertakings, the expected number and assigned the work according to the principle: the level would have jurisdiction to decide the appointment that level approved undertakings.
Similarly, the President of the company also made according to the principle specified in the clause.
For controllers, the agency advised about personnel proposed in writing to The management of the industry, the provincial people's Committee of advocates.
2. within 30 days from the date of signing by the authorized approved undertakings, the Council members, the President of the Conference to get the vote of confidence.
Article 29. The procedures implemented for the appointment of personnel resources in place 1. On the basis of personnel resource in planning, Board Member, Chairman of the company directed the Agency staff about the proposed staff organization in writing HR projects and reports of Council members, the President of the company.
2. The Council of members meeting, can introduce more personnel and discussed; Board Member, President of the company decided to make a personnel list retrieved the vote of confidence, reviews, reviews of personnel. When appointed to the 1st position, generally referrals from 2 people to choose from.
3. The Conference took the votes of confidence. The Conference is conducted when there are at least two-thirds of people are summoned to join a Conference) Conference components (not including the titles are granted authority to hire)-for the taking of votes of confidence to appoint the management positions in the group + in the Group: Chairman of Board members Member, Board of Directors, controllers, General Manager, Deputy General Director, Chief Accountant, head and Deputy Head of the Professional Committee, Chief and Deputy Chief of staff, level Standing Committee Standing Committee, Secretary of the Corporation Committee of the parent company level, Union Chairman, Secretary of the Youth League.
+ In the Corporation, the company 100% owned: President of the Council members, the President of the company, the members of the Council of members, shall control in General, Director General, Director.
+ In the Corporation, the company which the Group holds over 50% of the capital: the representative of the Group's stake.
+ In the Corporation, the company which the Group holds 50% back down: the representative group of people representing of the group.
+ In the business units of the Group: the head.
-For obtaining the vote of confidence to appointed positions in the management of the company in The management of the industry, the provincial people's Committee + in the Corporation: Chairman of the Board members, members of the Board members, Comptroller, General Manager, Deputy General Director, Chief Accountant, Chief and Deputy Chief of the expertise , Chief and Deputy Chief of staff, level Standing Committee Standing Committee, President of the Union, Youth League Secretary.
+ 100% of the companies in the Corporation: Company President, Comptroller General in charge, Director.
+ Company in which the Corporation holds over 50% of the capital: the capital of the joint representative of the company.
+ In the company of the holding company from 50% back down: the representative group of people representing the capital of the Corporation.
+ In the business units of the Corporation: the head.
-For obtaining the vote of confidence to appoint the management position in the company in The management of the industry, the provincial people's Committee: Chairman of the Board of directors or President of the company, members of the Board members, the Comptroller, the Director, Deputy Director, Chief Accountant, Chief and Deputy Chief of the expertise , Chief and Deputy Chief of staff, level Standing Committee Standing Committee, President of the Union, Youth League Secretary, a representative group of people representing the Organization of the company in which the company holds over 50% of the Charter capital.
b) meeting by the President of the Council members, the President of the company or the person nominated by the authorized presiding. Order the contents of the Conference were as follows:-exchanging, discussing the need to appoint, standards, conditions of title need appointment;
-Board Member, President of the company introduced staff; résumé; reviews, reviews results and effectively perform the mission and development prospects; expected assigned task of staffing was introduced;
-Additional introduction Conference personnel. Multiply the recommended supplements must be in the planning for resource titles need appointment; must have a background summary, reviews, reviews by the referral and the introduction prepared to review Conference, participated in the comments;
-Each list was introduced and personnel recommended supplements (ranked in order of A, B, C ...) presented its action programme if the Authority appointed to Conference participants, comments substances;
-The Conference discussions and statements of opinion;
-Organizations get the votes of confidence in the form of secret ballot, direct people to the new Conference vote, consists of the following steps: Board tally the votes and playback instructions recorded votes (the votes by the agency advised about personnel prepared according to stipulated); recorded votes and vote; Board votes to check out the number of votes and announced at the Conference: the vote plays out and the number of votes; Board votes to proceed to the ballot and record-setting tally;
-Chief of general staff held the vote of confidence.
c where necessary) can organise a second trust vote, taken by the Council members, the President of the Unified Exchange Company with the same level of mandate and proposed authority to review the decision.
d) results of votes of confidence are important reference value, is one of several grounds for review.
4. The Council of members meeting to analyze the aggregate results of votes of confidence, considering the expected personnel selection, appointment and the written opinions of the Commissioner to grant the same level of results retrieved the vote of confidence. The local Committee level case is the upper level of granted the Commission the Corporation, the Corporation, the company shall obtain the written comments of the Committee of the local level.
5. The Council of members meeting to consider, conclude new problems arise (if any), reported the opinion of the Committee, the level of discussion and voting by secret ballot. The recommended personnel appointed to be on 50% of the total number of members approved;
The case suggested the appointment of personnel for positions that the results of the voting Board members are only 50% of the total number of members to approve the selection of personnel according to the opinion of the President of the Council members.
6. the President of the Council decision appointing the members or the review authority, appointed.
7. The President of the company consider the conclusion new problems arise (if available), level of consultation Committee, appointing or reviewing authority, appointed.
Article 30. The procedures implemented for the appointment of personnel resources from other places 1. Board Member, President of the company or the agency advised about personnel demand base, a source of planning proposals, introduced HR proposed appointment.
Proposed appointment of personnel from other places came to be planned, the title is equivalent to the title suggested.
2. The Council of members meeting and discussion about unity advocates. Board Member, President of the company undertook some work: a) the election of representatives of the Council members, the President of the company working with Commissioners and agency heads, the units where personnel are the work of advocates the maneuver, appointed;
b) Exchange about biographies, reviews and reviews of results and effectively performing their duties; get reviews of the Committee level where staffing domiciled; meet the recommended appointment of personnel exchange about work task requirements;
c) written opinions of the Commissioner to grant the same level of the proposed appointment. The local Committee level case is the upper level of granted the Commission the Corporation, the Corporation, the company shall obtain the written comments of the Committee of the local level.
3. The Council of members meeting notices of Committee-level comments, discussion and voting by secret ballot. The recommended personnel appointed to be on 50% of the total membership of the Council members approved.
The case suggested appointing personnel have resulted in the Board's voting members are only 50% of the total number of members to approve the selection of personnel according to the opinion of the President of the Council members.
4. The Council of members decides to accept, appointed or do the newspaper suggested the authority to consider, decide, appointed receiver;
Company President Commissioner's consultation, decisions receipt, appointed or do the newspaper suggested the authority to consider, decide, appointed receiver.
5. With regard to the case by the authority expected to maneuver, appointed a) authority assigned, appointed to exchange opinions with the unified leadership of the Agency, the unit is managing, using and exchanging personnel reunify comments with the Council members, the President of the company where the reception staff about the work.
b) Board Member, President of the company consulted in writing of the Commissioner to grant the same level. The local Committee level case is the upper level of granted the Commission the Corporation, the Corporation, the company shall obtain the written comments of the Committee of the local level.
c) Board Member meeting notice-level Commissioner's opinion, discussion, and voting decisions receipt, appointed or do the newspaper suggested the authority to review the decision;
Company President Commissioner's consultation and decisions receipt, appointed or do the newspaper suggested the authority to review the decision.
Article 31. Order and procedure for implementation of management titles appointed under the authority of the Prime Minister's decision 1. Board Member unified meeting about the need to appoint a management position, the Ministry of industry management.

2. The management of the industry approved by the Prime Minister on the policy, the expected number and the assigned task for the expected personnel appointment, and sent sheets to the Interior Ministry.
3. The home appraisal.
4. After the Prime Minister agreed on the policy, Council members propose personnel according to the following steps: a) for human resources in place-the agency advised about personnel propose specific personnel in the planning report to Board members.
-Board member of the meeting discussion, the personnel list decision to put off taking the vote of confidence. In General, when appointed 12 titles need introduction from 2 people to choose from.
-Conference organisation took the vote of confidence as defined in paragraph 3 of this Decree 29.
-Board member of written opinions of the Commissioner to grant the same level of the proposed appointment. The local Committee level case is the upper level of granted the Commission the Corporation, the Corporation, the company shall obtain the written comments of the Committee of the local level.
-Board members the meeting consider, conclude new problems arise (if any), reported the opinion of the Committee, the level of discussion and voting by secret ballot. The recommended personnel appointed to be on 50% of the total number of members approved;
The case suggested appointing personnel have resulted in the Board's voting members are only 50% of the total number of members to approve the selection of personnel according to the opinion of the President of the Council members.
-Board members the management industry.
-The sector Manager Prime sends the sheet and profile-appointed to the Department of the Interior and related agencies.
-The assessment Department of the Interior.
-The prime consideration, decision.
b) for human resources from other places-Council members proposed personnel.
-Board member of the meeting discussion and unity of advocates.
-Board members conduct some of the following: send representatives Council members work with Commissioners and agency heads, the unit where personnel work on movement advocates, appointed; Exchange about biographies, comments and reviews, results and effectively performing their duties; get reviews of the Committee level where staffing domiciled; meet the recommended appointment of personnel exchange about work task requirements.
-The written opinions of the Commissioner to grant the same level of staffing was introduced. The local Committee level case is the upper level of granted the Commission the Corporation, the Corporation, the company shall obtain the written comments of the Committee of the local level.
-Board Member meeting notice-level Commissioner's comments, discussion and voting by secret ballot. The recommended personnel appointed to be on 50% of the total number of members approved;
The case suggested appointing personnel have resulted in the Board's voting members are only 50% of the total number of members to approve the selection of personnel according to the opinion of the President of the Council members.
-Board members the management industry.
-The sector Manager Prime sends the sheet and profile-appointed to the Department of the Interior and related agencies.
-The assessment Department of the Interior.
-The prime consideration, decision.
c) for cases by the authority expected to maneuver, appointed the Board members the meeting discussion, the Unified Exchange of opinions; Council members the logical sectors; The management of the sector, the Prime Minister sent the Interior Ministry evaluation; The prime consideration, decision.
Article 32. Order and procedure for implementation of management titles appointed in cases established new business or merged, transform the Organization 1. The case of new or established business due to a merger, conversion model of the Organization, appointing the new organization management titles due to the decision by the authorized maneuver, appointed according to the provisions of article 4, 5, 6 and 7 of this Decree.
2. With regard to personnel under the authority of the Prime Minister's decision a) Board members the management industry.
b) the sector Manager Prime sends the sheet and profile-appointed to the Department of the Interior and related agencies.
c) appraisal Department of the Interior.
d) the prime consideration, decision.
Article 33. Announced and awarded the decision of appointment 1. The agency advised officials of the organization authorized to appoint the Organization announced the appointment decision.
2. The Minister of the Interior announced the decision to appoint for the Enterprise Manager under the authority of the Prime Minister's decision.
Article 34. Profile appointment 1. Sheets of the proposed undertakings and the text agreed by the authority about the appointed undertakings.
2. the Newspaper suggested the appointment of Council members, the President of the company.
3. the Newspaper suggested the appointment of the management of the sector Prime.
4. Curriculum vitae (under model 2 c-BNV/2008 attached to decision No. 02/2008/QD-BNV on October 6th, 2008 by the Minister of the Interior, the background to the time the authority to appoint not more than 6 months) certified by the authority.
5. A self assessment review.
6. the Committee's review of the same level.
7. the comments of the Board members, the Chairman of the company.
8. The programme of action should be appointed by the authority.
9. The conclusions examine complaints, inspection report and related documents (if any).
10. The certificate are healthy enough to complete the mission assigned by the competent health authorities certification (certified health point to the date of submission to the Chief of personnel not exceeding 6 months).
11. copy of diploma, certificate about the level of training, professional expertise.
12. A declaration of assets (according to the model regulations).
13. A review of Committee level or Government facility where employees regularly resident on the observance of the law of individuals and families in residence.
Item 3 APPOINTMENT of 35 Again. The duration and time of appointment back 1. Enterprise Manager when expiry held appointment as a rule must proceeding review process, appoint or not to appoint.
President of the Council members, the President of the company, members of the Board members, inspectors may be appointed again but not more than 2 terms in a corporation, the Corporation, the company.
2. in case the Enterprise Manager when expiry held appointed, but until old enough to retire still from 2 years to 5 years enough work for the term of Office of 5 years; from 18 months to under 3 years public works with respect to the time limit for serving 3 years, if appointed, the term of appointment is until the prescribed retirement age.
3. Before 3, until the expiry of business management serving appointment, authority to conduct the review process, the appointment back.
4. in case the Enterprise Manager when expiry held appointment that has not decided to appoint business managers, not the decision and signed the text according to the authority, duties and authority of management positions there. Organizations and individuals who have the authority to decide the appointment must be responsible in case of appointment.
5. in case the Enterprise Manager when expiry appointed Minister that the Corporation, the Corporation, the company which business managers working in the process of being inspected, examined, or during enforcement of disciplinary decisions are not made and appointment process do not apply to the provisions in paragraph 4 of this Article.
Article 36. Conditions of business managers are considering appointing back 1. The business needs.
2. The enterprise management: a) completed the task in time to hold the service;
b) general standards of party and State, specific standards of each management position at the time of review appointed;
c) healthy enough to complete the task;
d) Not in the case of prohibited assignment under the provisions of the law.
3. for the appointment of inspectors again, Chief Accountant, in addition to the provisions in clause 1 and clause 2 of this Thing have to comply with the provisions of the relevant laws.
Article 37. The process of appointing the back 1. Before 3 months until the expiry of business management serving Agency staff, appointment of personnel notified in writing to the corporate management know about the time limit to implement the review appointment.
2. business managers do a self review, reviews results, pros, cons, exist, its restrictions with regard to the implementation, the Mission in time to hold the service send a Board Member, President of the company or authority, at the same time send staff on agency personnel.
3. The Council of members meeting to review the decision or process authority made the process of appointing or extending the Management Office to the time they were old enough to retire.
4. after being granted authority to agree on policy, Board Member, Chairman of the company is responsible for: a) to the Conference took the vote of confidence for the proposed appointment, the Conference is conducted when there are at least two-thirds of people are summoned to join the Conference.
Conference component as component first appointed Conference.
The content of the Conference: the recommended personnel appointed to read a self review, reviews, report the results of the programme of action when implementing the procedure of appointment; the meeting discussed and taking comments; get the vote of confidence by secret ballot, direct people to the new Conference was to vote; the Agency Chief of general staff organization results retrieved the vote of confidence and the report of the Council members, the President of the company;
b) opinions written by the Commissioner to grant the same level of the proposed appointment. The local Committee level case is the upper level of granted the Commission the Corporation, the Corporation, the company shall obtain the written comments of the Committee of local level;
c) Board members the meeting consider, conclude new problems arise (if available); notice of Committee-level comments, discussion and voting by secret ballot. The recommended personnel appointed back must be over 50% of the total number of members approved;

Company President Grant's consultation Committee, appointed by the decision, or the authority to consider, decide to appoint.
5. Decides to appoint business managers back must be enacted and published at least 7 working days, until the expiry of business management appoints.
6. With regard to the appointment of the management of the business to keep the titles under the authority of the Prime Minister's decision a) made under the provisions of paragraph 1, 2, 3, 4 and 5 of this Article.
b) Board member management process; The management of the sector, the Prime Minister sent the Interior Ministry evaluation; The prime consideration, decision.
7. Business Manager is not appointed again will be authorized to consider, arranged the work to match qualified, professional competencies and tasks of the enterprise or resolve mode, the policy prescribed by law; do not layout, management leadership.
8. the announced and awarded the decision of appointment made under the provisions of article 33 of this Decree.
Article 38. The case does not make the process of appointing the back 1. Enterprise Manager when expiry held appointed but until old enough to retire still under 2 years work for the term of Office of 5 years; also under 18, the work for the time limit for serving 3 years does not make the process of appointment back but are considering extending the time held management or non-management office.
2. is the stretching of time held management or non-management office are as follows: a) the Agency Chief of general staff organization, the Board members, the Chairman of the review, the company decided to extend the management office or not serving enough time to manage the retirement age;
b) Board Member, President of the company consulted in writing of the Commissioner to grant the same level of staffing recommended extending held management or non-management office. The local Committee level case is the upper level of granted the Commission the Corporation, the Corporation, the company shall obtain the written comments of the Committee of local level;
c) Board Member meeting notice-level Commissioner's comments, discussion and voting by secret ballot. The stretching of time held management or non-management office must be over 50% of the members approve. Council members decide or review authority, decided to extend the time to hold the service management or non-Management Office;
Company President to consult Committee level, the decision or the authority to consider, decide to extend the time to hold the service management or non-management office.
Article 39. Profile appointed back 1. Sheets of the proposed undertakings and the text agreed by the authority about the appointed undertakings.
2. the Newspaper suggested the appointment of The management of the sector Prime.
3. additional resumes, diplomas, certificates, Declaration of assets if there is change.
4. A self-described, annual reviews of the management of the business.
5. reviews of both the term of authority for the management of the business.
6. The programme of action should be appointed by the authority.
7. A review of Committee level or Government facility where employees regularly resident on the observance of the law of individuals and families in residence.
Chapter VII resignation, DISMISSAL, MANEUVER, ROTATED the BUSINESS MANAGEMENT section 1 resignation, DISMISSAL Article 40. Resigned 1. The business manager is resigned to one of the following cases: a) is no longer enough prestige to make the authority, duties;
b) Due notice in violation of the Corporation, Corporation, company or of related subordinate to his responsibilities;
c) applicants please resign because of personal reasons.
2. Business Manager was not a resignation in the following cases: a) Are assumed the duties of Defense, national security; a key task, the suite that has not completed the task, it should continue to undertake the task, if the resignation would affect to the assigned tasks;
b) are in the process of being inspected, tested, the Agency's investigation, inspection, auditing, legal protection or consider discipline on the party, Government.
3. Review procedures for resigning a) Business Manager resignation is written menu presentation reasons, wishes to send Council members, the President of the company or authority to review the decision.
b) Chief agency of general staff organization, proposed to each specific case opinions the Council members, the President of the company.
c) Board Member, President of the company, granting the same level of Commission meetings and exchanges.
d) Board Member, President of the company decision or the authority to review the decision.
DD) during 60 days from the date of the resignation of corporate managers, Board members, Chairman of the company decision or the authority to review the decision.
e) during 60 days from the date of the decision to resign, Board Member, Chairman of the company must review the decision or the decision by the authorized personnel.
g) business manager has not been granted the Authority decided to resign then still have to perform, the tasks assigned to it.
Article 41. Dismissal 1. The dismissal for business managers are implementing one of the following cases: a) the unqualified and conditions as specified by the authority;
b) Are violations of the law in one of the following cases:-law violations were disciplined by reprimand or warning that requires the work of mission need replacing;
-Be authorized to conclude with writing about violations of the law but not to the extent of the discipline.
c) incompetent, reputable, qualified to perform the responsibilities assigned in one of the following cases:-In 2 consecutive years of the term of office equipment reviews, classified at levels not completed missions;
-In the 1st term or in 2 consecutive term was twice disciplined regarding responsibilities, tasks;
-To organize, the unit was given the charge of the lost unity or organization, the unit lost solidarity according to the conclusions of the authority;
-Equipment Inspection Agency, competent inspectors concluded in writing about the ethical violation or breach of the rules on party members not to do for the Manager's Party members.
d) application and be approved by the authorized in writing.
2. The exemption for business managers do not wait till the end of time appointed Minister or wait until retirement age according to the regulations.
3. procedure for review dismissed a) Board Member, President of the company directed the Agency staff about personnel propose dismissal.
b) Chief agency of personnel personnel direct encounter is considering resignation to inform and hear the opinions of individuals.
c) Board Member, President of the company, meeting the same level of Committee-level exchanges and unification of the free service for corporate managers.
d) Board Member, President of the company decision or the authority to review the decision.
DD) during 60 days from the date a decision is dismissed, Board Member, Chairman of the company must review the decision or the decision by the authorized personnel.
Article 42. The layout manager business affairs after resignation, dismissal will be granted the authority to consider, arranged the work to suit the level of professional competence, service and the Agency's mission, the unit or the resolve mode, the policy under the provisions of the law.
Section 2, ARTICLE 43 Article ROTATION. The purpose, requirements 1. Maneuver, Business Manager rotation is to layout, using effective people management in order to meet the Mission of the Corporation, the Corporation, the company; to work out, challenging, practical capacity of Enterprise Manager.
2. Requirements of the maneuver, the rotation a) Are based on the needs the work, based on the planning, the planned maneuver, rotation and ensure the conditions, standards, the title of the expected work location planning.
b) business managers are rotated to keep the electoral title shall follow the rules of the party and the law.
Article 44. The scope, object movement, Business Manager rotation is done according to the plan, the planning within the Corporation, the Corporation, the Corporation and outside of the Corporation, the Corporation, the company.
Article 45. Process 1. Every year, the agency advised about personnel construction plan, the rotating thing.
2. The Council of members meeting discussing, exchanging plans and specific personnel expected to maneuver, rotation.
3. The representative of the Council members, the President of the company retrieved comments directly and in writing of the Commissioner to grant the same level where the business managers are the work of the Agency, the Commission and the competent unit receiving the business manager was assigned, rotated to.
4. Board Member, Chairman of the exchange company directly with business managers on the implementation of the policy, the rotating thing.
5. Board Member, President of the company decision or the authority to review the decision.
6. for the enterprise management under the authority of the Prime Minister's decision, the Board members of the sector Manager; The management of the sector, the Prime Minister sent the papers and records to the Ministry of the Interior and related agencies; The Ministry of the Interior appraisal; The prime consideration, decision.
Article 46. Time to maneuver, rotation 1. Business Manager, being rotated to work in agencies, the new unit for at least two-thirds of his term.
2. The management of the business operation, rotation to keep the electoral title, the time must be at least 1 and no more than term of 2 consecutive term for the title.

Article 47. Mode, the policy for the management of the business operation, rotation 1. The Agency, the unit has been Business Manager, rotated to the work to prepare and create the conditions necessary for the stable business management activities and the work.
2. The management of the business operation, rotation took the title, the Office would then enjoy mode, the corresponding policy with the title, a position that under the provisions of the law. If a stipend, salary, title, position responsibility allowance, wages lower than the title, the position before the maneuver, the rotation shall be saved allowances, salary, title, position, before rotation until expiry, the rotating thing.
3. The management of the business operation, rotation, then naturally the honorifics management service who since November decided to maneuver, there is rotation effect.
Article 48. Reviews of Enterprise Manager operation, rotation 1. Where the authorized business manager was assigned, rotated to responsibly assess periodic business managers every year according to the regulations.
2. the competent Level maneuver, rotated the business management review, reviews and layout, arrangement of business managers after the implementation is complete, the rotation.
Chapter VIII reward, DISCIPLINE the BUSINESS MANAGEMENT Article 49. Merit 1. Enterprise Manager of achievement or dedication process shall be rewarded according to the provisions of the law on competition rewarded.
2. Who manages the business prescribed in article 4 of this Decree, if the recommended order, hero, then the sector Manager Prime sends the sheet and profile to the home appraisal.
Article 50. Disciplinary guidelines 1. Objective, fair, strict, true law.
2. Each violation of the law only applied 1 form of discipline. If Enterprise Manager has many violations of the law shall be considered disciplined about each violation of the law and apply more severe discipline form a disciplinary form compared to the level applicable to the most severe violation, except where there are violations being disciplined by dismissal.
3. in case of business managers continue to be violations of the law in enforcing disciplinary decisions shall be applied disciplinary forms as follows: a) If there are violations of the law be disciplined in the form of light or by comparison with the form of discipline is enforced, then apply more severe discipline form one level compared This form of discipline is enforced;
b) If there are violations of the law were disciplined at heavier than the form of discipline is enforced competition apply more severe discipline form a disciplinary form compared to the level applicable to violations of the new law.
The decision to discipline is to enforce the termination of enforceable from the moment the decision to discipline for violation of the new law are enforceable.
4. Attitudes, fix and proactive remedial business manager's behavior violates the law as essential elements to consider aggravating or mitigating disciplinary forms when applying.
5. The time yet to consider disciplined for business managers in the case prescribed in clause 1 of this Decree 58 Thing doesn't count on the disciplinary period.
6. Do not apply administrative sanctions instead of the form of discipline.
7. Prohibition of any infringement of the body, the honor, the dignity of the Enterprise Manager in disciplinary process.
Article 51. Time, the disciplinary period 1. Time disciplined a) time disciplined is 24 months from the time the Manager business law violations until authority notice in writing of the disciplinary review.
b) When detecting violations of law by enterprise managers, to the authorized information in writing about the disciplinary review. The notice must specify the time business managers are violations of the law, the time of detection of business managers have violations of the law and the disciplinary period.
2. The time limit for disciplined a) disciplinary period a maximum of 10 months from the moment of detection the Manager business law violations until the authorized disciplinary decisions.
b) where the incident is relevant to many people, there are exhibits, the media needs assessment or other complex details the decision-making authority extend disciplined as defined in clause 2 Article 80 Law officers and civil servants.
Article 52. Disciplinary forms forms of discipline include: reprimand, warning, demoted, wages, dismissal.
Article 53. Reprimand rebuke discipline forms applicable to the business manager of one of the violations of the law: 1. first violation does not perform tasks without good reason;
2. Taking advantage of the position, using the powers of capital and assets of the Corporation, the Corporation, the company to profit for themselves and for others;
3. the violation of the Charter of the Corporation, Corporation, company, decided to pass the authority, taking advantage of position and powers resulting damage to the State, the Corporation, the Corporation, the company;
4. Use of public property contrary to law;
5. Use illegal papers to be sent to join fostering knowledge;
6. Violate the provisions of the law on prevention of corruption; the practice of saving, waste prevention; Labor discipline; gender equality; Prevention of prostitution and the provisions of relevant laws.
Article 54. Warning warning discipline forms applicable to the business manager of one of the violations of the law: 1. Grant or confirm the legal papers for non-eligible, vires;
2. Use of the information, the materials of the business to advantage;
3. Do not accept the decision operation, assigned to the work of the authority;
4. the decision, steer, run to the State capital or capital loss of the Corporation, the Corporation, the company; project investment decision is not effective, do not pay the debt; no guarantee of salary and other modes for workers in the Corporation, the Corporation, the company under the provisions of the law;
5. dishonest reporting the financial situation of the Corporation, the Corporation, the company from 10 times or 12 times but seriously misleading financial enterprises;
6. Violation severity in the provisions of the law on prevention of corruption; the practice of saving, waste prevention; Labor discipline; gender equality; Prevention of prostitution and the provisions of relevant laws.
Article 55. The lower wage tier 1. Disciplinary forms the lower wage tier applies to the business manager of one of the violations of the law: a) Not complete tasks that cause serious consequences that reason not be approved by the authorized;
b) taking advantage of the location of the work, intentionally making unlawful for the purpose of service benefit;
c) breach in the severity of salary policy; use the degree certificate, not legal to upgrade unlawful wage tier.
2. where the business managers are entitled to salary tier 1 of the salary scale, the title who do not apply the lower wage tier disciplinary forms; Depending on the nature and extent of the violations of the law, authority to consider granting appropriate discipline.
Article 56. Resignation from Office discipline forms applicable to the business manager of one of the violations of the law the following: 1. Use illegal papers to be appointed to the position;
2. The Corporation, the Corporation, the company did not complete the objectives, the annual plan targets, not preserve and grow capital at the request of the authority that be objective reasons or explanation the cause but not the approval authority;
3. Prosecution and declared guilty;
4. Dishonesty in the enforcement of the rights, obligations or misuse of position, title, use the assets of the Corporation, Corporation, company or to serve the interests of the Organization, the other individual;
5. Violate the very serious level of provisions of the law on prevention of corruption; the practice of saving, waste prevention; gender equality; Prevention of prostitution and the provisions of the relevant legislation;
6. To the Corporation, the Corporation, the company into bankruptcy but not the petition for bankruptcy; the Corporation, the Corporation, the company in an organized, dissolution, change of ownership that does not conduct the procedure to reorganize, dissolved or transformed property that does not have a reason to be granted authority to approve.
Article 57. Dismissal dismissal discipline forms applicable to the business manager of one of the violations of the law: 1. The penalty of prison without being entitled to probation;
2. Drug addiction be certified by the competent medical authorities;
3. Violation of the regime of financial management, accounting, auditing and other modes to access the saved criminal liability;
4. the decision, direction, operating to the Corporation, the Corporation, the company unprofitable, state capital losses causing serious consequences;
5. violations particularly severe regulations of the law on prevention of corruption; the practice of saving, waste prevention; Labor discipline; Prevention of prostitution and the provisions of relevant laws.
Article 58. The cases have yet to consider discipline and disciplinary responsibility exemption 1. The case has not yet considered, disciplined a) corporate managers are in vacation time annually, according to the private mode, as defined by law are competent.
b) Enterprise Manager are in time treatment of illness certified by the competent health authorities.
c) women's business managers are during pregnancy, maternity leave, are raising children under 12 months of age.

d) Enterprise Manager are custody, detention pending the conclusion of the Agency has the authority to investigate, prosecute, adjudication of violations of the law.
2. The case is free of disciplinary responsibility a) competent authority confirming the status lost the capacity for civil acts when breaking the law.
b) Must accept the decision of the supervisor as defined in Clause 5 article 9 of law officials and public servants.
c) Be competent authority confirmed the violation of the laws in force majeure situation when on duty.
Article 59. Disciplinary Council 1. Disciplinary Council authority decided to form the disciplinary regulation in Articles 4, 5 and 6 of this Decree, the Council decided to establish the discipline to the application form of discipline for management of enterprise with violations of the law, except in the case specified in clause 2 of this Thing.
2. The absence of established disciplinary Council a) Who manage the business of law violations are punished in prison without being entitled to probation.
b) business manager being disciplined consideration, when there have been conclusions about violations of the law of agency check of inspection bodies, or Decent.
3. Organize a meeting reviewing the management of enterprise with violations of the law organizing the meeting review was conducted for the case has established the disciplinary board and disciplinary board established not specified in clause 1 and clause 2 of this progress are as follows : a) the responsible authority held a meeting and decided to check the component part;
b) Business Manager are violations of the law must do a self check out point, explain the violation and disciplinary forms themselves. A review sent to the authority at least 5 working days, as of the date of the meeting review.
Case management business for violations of the law does not do a self check out points or absent after twice sending the summons without justifiable reasons, the third to 3 after sent the summons, if continued absence, then the check point meetings still to be conducted;
c) meeting content check out: who was checking out reading scores a self check out points, the members participate in the opinion, the Chairman and members of the secret ballot petitions forms of discipline.
The content of meetings reviewing the management of enterprise with violations of the law with the provisions of this Article must be made in the minutes. The minutes of these meetings review must have the form of recommendations for discipline with the Business Manager to have violations of the law. Within 5 working days from the date of the check points, meeting the minutes of the meeting point check was sent to the Chairman of the disciplinary board in case of established disciplinary Council or the disciplinary authority in case of non-established disciplinary Council for consideration by the authority.
Article 60. Disciplinary board components 1. The disciplinary board has 11 members, including: a) the President of the Council is the President of the Council members, the President of the company;
b) A member of the Council's Committee on the level of the representative Committee of the Corporation, the level of the company, the company. The case level is superior-level Committee commissioned local councillor represents the local Committee level;
c) A member of the Council is representative of the Corporation, the Corporation, the company who were disciplined, Member of the Council by the legal representative of the Corporation, the Corporation, the company who were disciplined, review options and elections;
d) A member of the Council is the representative trade union Committee of the Corporation, the Corporation, the company that people were considering, disciplined;
DD) A member of the Secretariat of the Council and Secretary-General is the person in charge of Agency staff about personnel there were people, disciplined.
2. where the President of the Council members, the President of the company, inspectors in violation of law or violation of discipline, the Disciplinary Council include: a) the President of the Council is the head of the Ministry of industry management, leader of the provincial people's Committee;
b) A member of the Council's Committee on the level of the representative Committee of the Corporation, the level of the company, the company. The case level is superior-level Committee commissioned local councillor represents the local Committee level;
c) A member of the Council is representative of the Group's leaders, corporations, companies who were considering, disciplined;
d) A member of the Council is the representative trade union Committee of the Corporation, the Corporation, the company that people were considering, disciplined;
DD) A member of the Secretariat of the Council and Secretary-General is the person in charge of Agency staff about the Organization Department of the Ministry of industry managers, the provincial people's Committee.
3. With regard to the titles specified in article 4 of this Decree, the President of the Board of discipline is the Minister of industry management. The Prime Minister decided to form the Council of discipline by the sector Manager, the home appraisal.
4. do not send family relations as parents, children are admitted; the wife, the husband; England, siblings; me, my brother-in-law; his sister, sister-in-law or people related to violations of law by enterprise managers were considering sanctions, disciplined participating Board member discipline, 61. The working principles of the Disciplinary Council 1. Disciplinary Council meeting when at least 3 members attend, including the Chair and the Secretariat and Secretary-General of the Council members. Disciplinary Board petitions applied forms of discipline through secret ballot results with results on 50% of comments members approval.
The case of disciplinary Council meeting only 4 members that attended the result secret ballot petitions applied disciplinary forms are only 2 members approved, in which the President of the Council shall follow the recommendations of the President of the Council.
2. The Disciplinary Council meeting must be recorded minutes of the opinions of the members and voting results proposed forms of discipline.
3. self discipline Council dissolved after the completion of the task.
Article 62. The sequences of the disciplinary procedure, 1. Disciplinary Council meeting held a meeting-preparation for Slow) 7 working days before the meeting of the disciplinary board, the summons of the meeting must be sent to the management of enterprise with violations of the law. Manager of business law violations in absentia must have a good reason. Case management business for violations of the law is absent after twice sending the summons without justifiable reasons, the third to 3 after sent the summons, if continue is absent, then the disciplinary board meeting review and recommendations still form of discipline.
-Disciplinary Council may invite more representative political institutions, political-social business managers where violations of the law are working meeting. People are invited to have the rights to statements of opinion and recommending disciplinary forms but cannot vote on the form of discipline.
-Member of the Disciplinary Council Secretary cum has the task of preparing the document, the records relevant to the disciplinary record, meeting of the Board of discipline.
-Disciplinary records the discipline Council consists of: a self review, peer resume, the minutes of the meeting review of the Corporation, the Corporation, the company where the business managers are violations of the law are the work and other related documents.
b) sequence of the meeting-the President of the Council of discipline the statement of reasons, the introduction of the members attend.
-Member of the Disciplinary Council Secretary cum read excerpts of the resumes of horizontal management of enterprise with violations of the laws and other relevant documents.
-The management of enterprise with violations of the law read a self review. If the Manager has business law violations is absent, then the Secretary of the disciplinary board to read instead. If the Manager has business law violations do not do a self check out points then the disciplinary board to conduct the remaining sequence of meetings according to the provisions of this Point.
-Member of the Disciplinary Council Secretary cum read the minutes of the meeting review.
-The disciplinary board members and attendees of the meeting statements of opinion.
-The management of enterprise with violations of the law statements of opinion. If the Manager has business law violations are not statements of opinion or is absent, then the disciplinary board to conduct the remaining sequence of meetings according to the provisions of this Point.
-Disciplinary Council secret ballot petitions applied forms of discipline.
-President of the Council on discipline announced results secret ballot and through the minutes of the meeting.
-Chairman and member of the Disciplinary Board Secretary and Secretary-General to sign the minutes of the meeting.
Many cases in Business Management Corporation, the Corporation, the company that violations of the law, the Disciplinary Council meeting to conduct the disciplinary review for each Enterprise Manager.
2. The decision to discipline a) disciplinary decision process-within 5 working days from the end of the meeting, the Disciplinary Council to have the disciplinary recommendations in writing (attached to the minutes and records of discipline) send level has disciplinary authority in accordance with article 4 , 5 and 6 of this Decree.
-Within 15 working days from the date of receiving the written recommendation of the disciplinary board in case of established disciplinary Council or the minutes of the meeting review the provisions in paragraph 3 Article 59 of this Decree in the case does not establish the Disciplinary Council, the competent person disciplined disciplinary decision or conclude business managers do not violation of the law.
-The case of complex situations, the competent disciplinary decision to prolong disciplined as defined in point b of Paragraph 2 Article 51 of this Decree and take responsibility for his decisions.
b) disciplinary decision must specify the time of effective enforcement.
c) after 12 months from the date of the disciplinary decision has effect, if not business managers continue to have violations that must be disciplined, then disciplinary termination of enforceable without the need to have written about the termination of enforceable.
Article 63. Enterprise Manager complaints dealt with discipline has the right to appeal against the disciplinary decision under the provisions of the law on complaints.

Article 64. Disciplinary records 1. Disciplinary records Business Manager include: the Board's discipline process sheet submitted by the authorized review of discipline; a self check out points; the minutes of these meetings review; mail report, concluding test, concluding the inspection and other related documents; meeting minutes Board of discipline and disciplinary decisions.
2. disciplinary records are stored in the profile. Disciplinary decisions must be recorded in the biographies of the people were disciplined.
Article 65. The responsibility of compensation, reimbursement of business manager who manages the business for law violations that cause damage to the economy, the property of the State, the Corporation, the Corporation, the Corporation is responsible for compensation, reimbursement under the provisions of the law.
Chapter IX quitting, RETIREMENT and RECORDS MANAGEMENT BUSINESS MANAGER Article 66. Only the 1. Business managers are only having one of the following cases: a) due to the sort of organization;
b) expectations and be competent to agree;
c) as specified in paragraph 4 of this Article.
2. Business Manager job aspirations must then be submitted by the authorized application to review the decision. Within a period of 90 days from the date of receiving the application, the authorized to answer in writing, if not agreed to the retrenchment must clearly state the reasons as specified in paragraph 3 of this article.
The case has not yet been agreed to by the authorized business manager, arbitrarily quit don't enjoy retrenchment mode and must compensate the cost of upgrading knowledge in accordance with the law.
3. Don't settle for the retrenchment of enterprise management in the following cases: a) are in time perform the maneuver,; are being reviewed, disciplined or suffer prejudice criminal liability;
b) female business managers are in time pregnant or raising children under 36 months of age, except in the case of retrenchment to expectations;
c) has not completed the payment of the funds, assets under the responsibility of the individual to the Corporation, the Corporation, the company;
d) due to the duty of the Corporation, Corporation, company or layout is not a replacement.
4. in case the Manager business for 2 years not completed task that reason not be approved by the competent authority of the other work arrangement or solve retrenchment under the provisions of the law.
5. The Manager of business retrenchment was entitled to retrenchment under the provisions of article 5 and article 6 of Decree 46/2010/ND-CP dated 27 April 2010 the Government's regulations on retrenchment and retirement procedures for public servants.
6. Expense retrenchment regimes for the management of the business by the Corporation, the Corporation, the company pays.
Article 67. Retired business manager enjoys retirement mode according to the provisions of the law on social insurance. Retirement procedures for the management of enterprises in accordance with Articles 9, 10 and 11 of Decree 46/2010/ND-CP dated 27 April 2010 the Government's regulations on retrenchment and retirement procedures for public servants.
Article 68. Records management 1. The set up, keep and manage personal profile of the enterprise management under decentralized management and implemented as stored profile for public servants.
2. Annually, the Corporation, the Corporation, the company performed the work statistics, additional records of the Enterprise Manager reporting to the competent management authority.
Chapter X TERMS Enacted 69. Effect 1. The Decree has effect from the date of December 5, 2015.
2. Repeal the following regulations: a) of Decree 66/2010/ND-CP on January 1st, 2011 by the Government stipulates the application of the law on public officials for leadership positions, management limited liability company a member owned by the State and who was elected to represent the State's stake in the business is capital of the State;
b) The provisions in Decree No. 99/2012/ND-CP on November 15, 2012 of the Government about the assignment, the decentralized implementation of the rights, responsibilities, obligations of owners of State for State enterprises and state capital investments in businesses, including:-in article 9 paragraph 1 e;
-Regulatory "reviews for the Director General, Deputy Director, Chief Accountant in the management of the economic group operating state" in point n paragraph 1 article 9;
-Regulatory "reviews for the Director-General (Executive Director), Vice President (VP), Chief Accountant in the management run the company" in point 1 Paragraph 2 article 9.
Article 70. Enforcement instructions 1. The Interior Ministry guidelines and regulations on the responsibility of compensation, reimbursement of the enterprise management under article 65 of this Decree.
2. The Ministry of defence, the Ministry of public security management regulations title holder, position in the business is a limited liability company members that the State holds 100% of the Charter capital of the Ministry of defence and the Ministry of public security. 3. Social policy Bank, Development Bank of Vietnam, the Corporation's investment and trading state capital, deposit insurance of Vietnam pursuant to this Decree, the regulation on the management of the person who holds the title, position at the Agency after the reunification with the Interior Ministry.
4. The Corporation, the Corporation, the company pursuant to this Decree, the regulation on the management of the person who holds the title, served in the unit members according to the hierarchy of authority.
Article 71. Responsibility 1. The Interior Ministry is responsible for guiding, inspecting and reporting the Prime Minister about the enforcement of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, Chairman of the group, members of the company and President of the company is a limited liability company members that the State in keeping 100% of Charter capital is responsible for the implementation of this Decree.