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Circular 03/2012/tt-Bnv: Guide Implementation Of Decree 66/2010/nd-Cp Of July 8, 2012 Of The Government Regulating The Application Of The Law On Public Servants For The Leading Titles.

Original Language Title: Thông tư 03/2012/TT-BNV: Hướng dẫn thực hiện Nghị định số 66/2011/NĐ-CP ngày 01 tháng 08 năm 2011 của Chính phủ quy định việc áp dụng Luật Cán bộ, công chức đối với các chức danh lãnh đạo, quản...

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INTERIOR MINISTRY
Numbers: 03 /2012/TT-BNV
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 26, 2012

IT ' S SMART

Guide implementation guide 66 /2011/ND-CP August 1, 2011 of the Government Regulation

the application of the Officer Bar, the public for leadership titles, management of the responsibility company,

May a member of the state be owned by the state, and he is appointed as the owner of the government.

The ownership of the State of the State of the State of the State of the Republic.

_________________________________

Base of Protocol 48 /2008/NĐ-CP April 17, 2008 of the Government Regulating the functions, duties, powers, and organizational structure of the Ministry of the Interior;

Base of Protocol 66 /2011/ND-CP August 1, 2011 of the Government Regulation the application of the Technology, public to leadership of the leadership, manages the LLC a member owned by the State as the owner and who is appointed as the owner of the Capital of the Capital. the water at the capital of the State (later abbreviated as the Digital Protocol) 66 /2011/ND-CP);

Base of Protocol 86 /2006/NĐ-CP August 21, 2006 of the Government amended, adding some of the provisions of the Fifth Protocol. 132 /2005/NĐ-CP October 20, 2005 of the Government on the implementation of the rights and obligations of the state owner to the state company;

At the request of the Chief Justice Department, the Ministry of Internal Affairs,

Secretary of the Interior Ministry of Internal Affairs of the Implementation Guide 66 /2011/NĐ-CP.

Chapter I

STANDARD, CONDITION, PROCESS, APPOINTMENT PROCEDURE, REAPPOINTMENT, RESIGNATION, DISMISSAL, GESTURES, AND MORE

REPRESENTATIVE, DISCIPLINE FOR BUSINESS MANAGER AND REPRESENTATIVE OF THE COMPANY.

Item 1

STANDARD, CONDITION, PROCESS, APPOINTMENT PROCEDURE, REAPPOINTMENT, RESIGNATION, DISMISSAL OF THE

FOR BUSINESS MANAGER AND REPRESENTATIVE CANDIDATE

What? 1. Standards and Appointment Conditions

1. Reach the overall standard of leadership, management under the rules of the Party and State.

2. Standards, specific conditions are as follows:

a) Graduated from the university; there is a certificate of training, political fostering, professional and foreign language in accordance with the requirements of the appointed position;

b) The person offered to appoint in the business of the business, if not in the enterprise ' s planning, must have the actual experience of working at the other business for a minimum of 3 years or related to enterprise management work;

c) The person recommended for the first time must ensure a time of work for a term of 5 years (60 months), for the title of control of 3 years (36 months);

d) The business manager is disciplined by the law, after deciding the discipline expires if it is considered to be appointed as a leader, managing the appointment age as the first appointment stipulation.

3. Not appointed to the positions, the title of enterprise management for one of the following cases:

a) is in time to consider discipline;

b) The execution of a disciplinary decision from the form of a reprimand is not appointed to the office of higher rank;

c) has been disciplined for corruption.

What? 2. Process, appointment procedure

1. For the titles of the appointed Government of the Prime Minister, the Council of Member has a written petition of the title, the number of appointments appointed and the expected assignment of the work to submit the Office of the Prime Minister to the Prime Minister. The Ministry of the Interior for the appraisal of the Government Party Officer and the Prime Minister.

2. The case is in the time the agency has the authority to inspect, check, grant authority to exchange with the chief inspector, check before the appointment; for the titles of the Prime Minister 's jurisdiction, the Department of Exchange' s Department of Exchange said. the chief inspector, before the Prime Minister review, the decision.

3. For the nominee to appoint in the business of the business, after being granted a written consent authority by a written statement on the subject, the Member Council or the Chairman of the organization company performs the process, the procedure is as follows:

a) Member Council or Chair of the company meeting between 01 and 03 persons for a title of appointment (for comment, assessment of each person appointed to the appointment);

b) The organization takes the opinion (by secret ballot), the participating component that is included: Member Council or Corporate Chairman; General Manager (Director); Deputy General Manager (Deputy Director); Chief Accounting; Officer; Head and Deputy Head of the Department (ban); and And the chief of the company, the corporation; and the Party of the Committee. Union Chairman of the Group, General Corporation; Party Secretary, Member Council or Corporate Chairman, General Manager of 100% member state capital of the Corporation, Corporation; the representative representative of the Corporation's capital, General Manager of the Company. Companies in businesses are corporations owned by the Corporation, the Corporation of the Company to govern;

c) The conference host states the appointment requirements, the title of appointment of the appointment envisage; the list of appointers appointed by the Board of Member or Chairman of the company; summary of the calendar, review, assessment, development prospects; expected The work assignment to the introduced person; the person who is introduced to the appointment of the action program if appointed; the notice of the opinion (not to sign). The vote result has an important reference value, which is one of the bases for consideration but not the primary, unique base to decide on the appointment;

d) The executive branch manager, in collaboration with the Ministry of Internal Affairs of the Internal Affairs of the Board of Directors of the Board of Directors or Chairman of the Company under the authority of the Prime Minister, appointed;

The member council or the chairman of the company is responsible for holding the vote of the membership of the Member Council, the Director General, which has the involvement of the Ministry of Industry and the Ministry of the Interior. The organizational body is responsible for the vote and the security of the vote.

e) Member or chairman of the company to review, conclude new issues that arise (if any) and take the opinions of the Standing Party or Party of the Party (later abbreviated as party-level);

g) The commission of the party has the opinion of a comment, assessment (agreed or disagreeing) to each person who is introduced to the appointment by writing to the Member Council or the President of the Company regarding the appointment of the appointment;

h) On the basis of an opinion of the party-level committee, the Council of members discussed, comments, reviews, and votes (in closed ballot) for each of the appointed appointers. The appointed appointer must be approved by the majority of members of the Member Council. The case with equal number of votes for an appointment title is the choice of persons appointed by the President of the Member Council or the Chairman of the Company;

i) The Member Council or the Chairman of the Company decides to appoint or make a grant submitted by the authority to review, appoint.

4. For the person who is introduced to the appointment of appointment from outside the business, after the granting of the authority has written consent on the subject, the procedure, the procedure being held performed as follows:

a) Chairman of the Member Council or the Chairman of the Company to exchange opinions with the party-level, then hold a meeting to propose or exchange opinions (in writing) on the granted authority to introduce the appointment;

b) The appointment needs base, the President of the Member Council or the President of the Company has a written exchange of opinions with the agency leader, the unit whose appointment is introduced; meet the appointed person appointed for the exchange of duty requirements;

c) The commission is aware of the comment, assessment (agreed or disagreeing) to each person who is introduced to the appointment by writing to the President of the Member Council or the President of the Company;

d) Board members discuss, comment, evaluate, and vote (in closed ballot) for the recommended appointer; the appointment of the appointment must be approved by the majority of members of the Assembly members;

The President of the Member Council or the President of the Company issued a decision to appoint or make a committee recommended by the authority to review, decide.

5. For the case of a new business establishment or due to the merger, transformation of business organization model:

a) The case of establishing a new business, granting the authority to exchange opinions with the party-level, then united with the leader, the business manager whose people are expected to run, appoint before decision-making, appointment;

b) The case by the merger, the transformation of the business organization model that the new organization has the same organization as the former business, if the business manager continues to be appointed as the former post-office equivalent then the appointment deadline is calculated from the appointment. the new post;

c) The case for the merger, the transformation of the organizational model that the new organization is to be upgraded, then the appointment of the business manager is done according to the first appointment process;

d) The case of a business manager under the appointment of the Prime Minister 's authority, the Board of members or the President of the Company prepares the program, the Department of Industry Manager for the Office of the Prime Minister' s Department; also sending the Ministry. The Cabinet to determine the Prime Minister's review, the decision.

6. The appointment recommended by the Board of the Member or Chairman of the Deposing Company of authoritentialism to specify the need for appointment, summary, comment, assessment, result of the membership vote of the Council of members. Appointment profile, including:

a) Preliminary of the cadre schedule, the 2C-BNV/2008 prototype issued with the Digital Decision 02 /2008/QĐ-BNV October 6, 2008, of the Minister of Internal Affairs (later abbreviated as the 2C-BNV/2008), there are 4 x 6 cm (4 in) and 4-month-long (snapshot) images of the file.

b) Self-assessment, assessment of the process of work;

c) The comment by the Member Council or the President of the Company (in terms of advantages, defects);

d) The comment (agreed or disagreeing) of the party level has the result of a vote of refere;

The comment of the commission or the administration of the residence by statute;

e) The general margin (check) on the referrals, the vote of the key cadre;

g) Property manifest;

h) The manifest source for your child to study abroad (if any);

i) The written copy, certificate of training, fostering (which has the evidence or stamp of the main medical authority);

l) Check conclusions, the inspector resolution of the complaint complaint and other related papers for the recommended appointer (if any).

7. For the titles of the appointed Government of the Prime Minister, the Ministry of Industry Manager has the report the Prime Minister of Government, which states: the reasons for appointment, peer-to-peer review, comment, assessment, assignment, result of the vote's confidence vote. The Department of Industry Management, accompanied by the appointment profile and sends the Ministry of Internal Affairs for appraisal, reports the Prime Minister to consider, decide.

What? 3. Appointment

1. Age reappointment:

a) The business manager is from every 3 years (36 months) of business, the title of control, and every 02 years (24 months) of business before the age of retirement, if appointed again, the appointment deadline is calculated to the age of enough time. Let's go.

b) The business manager is also under 2 years (24 months) of business, the position of control officer remaining under 01 years (12 months) of work before the age of retirement, the grant has the authority to review, the decision to extend the leadership period or not hold. the leadership case to be a professional at the time of the prescribed retirement age.

2. Process, reappointment procedure:

a) Before 3 months, as of the deadline of appointment, the Chairman of the Board Member or Chairman of the Company informed the business manager, for the title of Chairman of the Board of Member or the Chairman of the Company due to the Ministry of Information and Information Management. And to proceed with the procedure, and to consider the reappointment of the judge;

b) Process, reappointment procedure is made as regulation at paragraph 2 and points b, c, d, e, e, g, h, i Clause 3 Articles 2 This information;

c) The business manager self-comments, reviews ahead of the key staff conference that performs the charge, the task during the time of holding office;

3. On the basis of an opinion of the party-level, the Member Council or the President of the Company commented, assessed during the five-year period assuming the office and proposed the appointment of reappointment or non-reappointment; decision or recommended granting authority to review, the decision. Reappointment or reappointment.

4. The procedure and reappointment profile perform as the first appointment, stipulated at paragraph 6 Article 2 of this.

What? 4. Reposition, immunity

1. The case is in the time the agency has the authority to inspect, check, grant authority to exchange with the chief inspector, check before the review, decide the resignation, dismissal of the office of the Prime Minister ' s authority, The department manager trades with the inspector general, checking before the Prime Minister decides to resign, dismissal.

2. During the time of holding office, the self-judged business manager sees not enough health, capacity to complete the charge, the mandate to be delivered or has aspirations to resign for other reasons, a member of the Board of Directors or Chairman. The company is considering the decision or the offer of the authority to review it, the decision. The business manager after the resignation was established by the business of other works or in solving the regime, the policy under the rule of law. When no decision has been made, it is required to accept any protocol and complete the mission.

3. Business managers please stop holding the office due to business losses two years in a row (not achieving a profit quota on state capital invested two years in a row or in a hole condition, interest intertwined but infixed) or otherwise. There ' s a mistake that ' s not yet to be disciplined by the form of law, but there is no longer enough credibility to hold the office, the Council of the Board or the Chairman of the Company review, the decision, or the granting of the authority to decide to decide the dismissal of the office and the other business. No, no, no, no deadline.

4. The presentation of the resignation or dismissal of the Member Council or the Chair of the Deposing Corporation, which states the reason, comments, evaluate the advantage, the defect to the business manager applying for resignation or dismissal. The profile of the resignation, the dismissal, includes:

a) Please resign or application to the post;

b) Primary cadre, civil service (model 2C-BNV/2008);

c) Reassessment, assessment of the leadership collective, which states due to resignation or dismissal;

d) Self-assessment, the assessment of the business manager;

The meeting of the meeting of the Council of members or the President of the Company and other related papers (if any).

What? 5. Send a representative

1. The deadline for the representation of the representatives from the date of the Old Congress elected the Board of Directors and according to the term of the General Assembly. For the representative from every 3 years (36 months) of business before the age of retirement, if the term is to be sent, the term may be taken into account for the time of the retirement age.

2. Process, procedure for representation:

a) The case is in the time the agency has the authority to inspect, check, grant the authority to delegate the exchange with the chief inspector, check before the review, the decision to send the representative;

b) The program of the planning department has jurisdiction over the holder of the representative;

c) A competent authority to delegate representation, assessment, through leadership to introduce a participant to a candidate in leadership positions, management at other businesses; if elected, the rank has a competent authority. Officially, the assignment to the agent to receive a business in the business has won and served as a result of the General Assembly.

3. The right and responsibility of the agent, including:

a) The representative enjoyed the benefits of commendation, fostering of fostering and other policy regimes according to the regulation of the existing law and of the business;

b) The representative when not being represented without a violation of the law, the owner is responsible for the task of deployment, assignment of appropriate work or execution of the regime, the policy in accordance with the rule of law;

c) The representative is responsible for the acceptance of the parties, the policy of the Party, the law of the State and the regulations of the business. If the breach will be subject to disciplinary action, be responsible for compensation, reimbursable by the provisions of this Notice and other provisions of the relevant law.

4. The show, the representative file representing the agent as stipulated at paragraph 6 Article 2 of this message.

Item 2

DISCIPLINE

What? 6. Order of the General Assembly

1. Prepare to meet the disciplinary board:

a) At the end of the 7 working days before a disciplinary meeting, a summons must be sent to a business manager or a representative of a violation of the law;

b) A business manager or a representative who has a violation of the absence of a law may have the right reasons for granted the authority to approve. The case of a business manager or a representative who has a violation of the law absenters after 02 sent a summons to the 3rd time after sending a summons, if a business manager or a representative is still absent, the Council. The same discipline, the discipline, is still in review and the petition for discipline.

c) Commissioner and Secretary of the disciplinary committee tasked with preparing documents, records related to disciplinary treatment, write the meeting of the Council of the disciplinary board;

d) The disciplinary treatment of the disciplinary assembly law consists of: self-examination, the background nature of the business manager or the agent whose behavior violates the law; the editorial meeting of the test meeting on the business manager or the agent. and the other documents are related (if any).

2. The procedure, the procedure for the organizing committee meeting:

a) The Chair of the disciplinary Council declares the reason, introducing the attendance component;

b) Commissioner and Secretary of the disciplinary board read the background of the schedule of a business manager or agent whose behavior violates the law and other documents that are relevant;

c) The business manager or agent has a violation of the self-control reading law. The case of a business manager or a representative who has a violation of the absence of a law of absence, the Secretary of the Council reads instead, if a business manager or a representative has a violation of the law that does not self-control the Council. discipline still conducts the remaining sequences of the regulatory meeting at this paragraph;

d) The disciplinary board and the participant of the consultation meeting;

The business manager or agent has a violation of the opinion of the opinion; the case of a business manager or a representative who has a violation of a law that does not express opinions or absenters, the disciplinary board still conducts. the rest of the sequences of the specified meeting at this paragraph;

e) The disciplinary council vote in the form of closed ballot petitions the discipline of discipline;

g) Chairman of the disciplinary board announced the results of the closed ballot and through the meeting of the meeting;

h) Chairman of the disciplinary board and Commissioner and Secretary of the Council for the disciplinary board to sign the meeting.

3. The case of a large number of business managers or representatives in the same business that acts in violation of the law, the Council of Disciplinary Council meets to conduct a review, which handles discipline on each case.

4. After the Council of Disciplinary meeting, in the 5-day period as the Chair of the Council of the Disciplinary Disciplinary Board has the authority to petition the disciplinary petition of the discipline, accompanied by a disciplinary proposal filing:

a) The test of the disciplinary violation and other documents is relevant;

b) The Council of the Disciplinary Assembly, which has the closed ballot results of the disciplinary Council.

5. For titles under the authority of the Prime Minister appointed by the LLC a member appointed by the Prime Minister to the establishment, the Board of members or the Chairman of the Company sends disciplinary records to the Department of Industry Management to review the project. The Prime Minister, then sends the Ministry of the Interior to determine, the Prime Minister considers, the decision.

What? 7. disciplinary decision

1. The sequence decision sequence is as follows:

a) During the 5-day period of work, since the end of the meeting, the Council of Disciplinary Council must have a written petition for disciplinary action (with the order of a disciplinary board meeting and disciplinary action filing) to have the authority to decide discipline;

b) In the 15-day period of work, since the date of receiving the petition text of the Council of disciplinary law, granted authority to enact discipline decisions or the conclusion of the business manager, the agent does not violate the law;

c) The case with complex circumstances has the authority to dispose of the decision discipline that extends the statute of discipline under regulation at paragraph 2 Article 7 of the number of digits. 34 /2011/NĐ-CP May 17, 2011 the Government provides for disciplinary treatment of the public and is responsible for its decision;

d) The case of a business manager or a representative has a violation of a prison sentence that is imprisoned without a suspended sentence. In the 15-day period of work, since the date of the decision, the sentence is valid for the law of the Court, granting the jurisdiction the decision to force the decision to be forced to leave the business manager or the agent in violation of the law.

2. The disciplinary decision must clear the timing of the enforced effect.

3. After 12 months from the date of the rule of law to take effect, if the business manager or the agent does not continue to have infringed violations of the discipline, then, of course, the statute of discipline is terminated. The governing body does not need to issue text termination of disciplinary action.

4. The disciplinary form must write to the background; documents related to the handling of discipline are kept in the profile of the business manager or the agent.

What? 8. A disciplinary decision.

A business manager or a person who is subject to disciplinary treatment has a right to complain to the disciplinary decision by the law of the complaint.

What? 9. Rules related to discipline

When considering disciplinary action and the enforcement of disciplinary action, the regime, policy towards the business manager and the agent are in the interim, detention and temporary suspension of the applicable work imposed at Article 22, Article 23 and Article 24 of the United States. Number 34 /2011/NĐ-CP May 17, 2011, of the Government of the United States, on 17 May 2011.

Section 3

DECISION-MAKING AND DECISION-MAKING

What? 10. Department of Industry Manager

1. The sector management is responsible for the implementation of process, procedure, standards, conditions, qualities, competentiation of titles under the authority of the Department of Appointments Management, reappointment, resignation, dismissal.

2. The department manager is responsible for the implementation of the procedure, procedure, standards, conditions, qualities, competentiation of the titles under the authority of the Prime Minister, appointed, reappointed, resigned.

What? 11. Interior Ministry responsibility

The Ministry of the Interior is responsible for determining the implementation of the procedure, procedure, standards, and conditions of appointment, reappointment, resignation, dismissal of the titles submitted by the Office of the Prime Minister's Department of Government, the decision.

What? 12. Public Decision

1. The authority with the authority to appoint the organization announced a decision or authorization for the agency directly administered, using the business manager or the representative representative announced the decision to have the witnessed involvement of the relevant authorities.

2. The coverage on the mass media is only done to the decisions that have been published under the rule of law.

Chapter II

RESPONSIBILITY FOR COMPENSATION, REIMBURSABLE FOR BUSINESS MANAGER AND REPRESENTATIVE.

Item 1

THE PRINCIPLE OF RESPONSIBILITY FOR COMPENSATION, REIMBURSABLE

What? 13. Compensation Liability, reimbursable

In the business of producing a business manager or a representative who damages the economy, causing loss of capital, state assets and of the business or decision of an inefficient investment project must be obliged to compensate, reimbursable in accordance with the This is the law.

What? 14. The principle of processing compensation, reimbursable

1. The review, the handling of the compensation responsibility, the return of the business manager or the agent who caused the damage to the economy, causing loss of capital, state property and of the business must be based on the nature of the damage caused, the level. Actual property damage is caused to determine the degree and method of compensation, reimbursable to the state or business. The review, handling of the compensation, reimbursable objectively, fair and public.

2. The business manager or agent who causes damages is liable for compensation, reimbursable by the decision of the head of a business or a competent head:

a) The case of a business manager or a representative who causes the damage to the transfer of business, retirement or quitting, must complete the compensation, reimbursable before transfer, retire or leave; if not sufficient compensation, In return, the business is responsible for coordinating with the agency, the organization, the new unit, or local government where the person who damages the residence continues to collect compensation, reimbursable until it is obtained by the decision of the competent authority. If the compensation is not done, the business is entitled to initiate a Court requiring the person to cause damages, reimbursable by the provisions of the relevant law;

b) The case of a business manager or a representative who causes the damage to be sentenced to death without a suspended sentence, the law enforcement agency is responsible for collecting compensation, reimbursable by the decision of the sentence, the decision to take effect of the Court;

c) The case with many business managers or representatives in business activity causing economic damage, loss of capital, state assets and of the business that the compensation business is subject to in compensation, reimbursable on the basis of the actual property damage and the level of error of each person;

d) The case of a business manager or a person who damages the damage, which immediately after causing the damage to the voluntary voluntary, reimbursable and granted authority agreed in writing on the degree, method, and duration of compensation, complete. It ' s not going to have to form the Compensation Accountability Council, which is reimbursable under Article 16 of this.

The case of physical damage occurred due to the unimpediable cause of the professional body and the authority to confirm that the business manager or the agent, causing the damage not to be liable for compensation, reimbursable.

3. If the business where a business manager or a representative causes the damage to be dissolved, the merger is the agency, the organization, the unit inherited unit dissolved, the merger is responsible for continuing to collect compensation, reimbursable until the income is sufficient. decision of a competent authority.

4. The state property and of the business of the business are due to the intentional failure of the business manager or agent who damages the business manager or the agent causing damages, reimbursable all the damage value. If the property of the State and of the business of the damages caused by the objective or the unintended error of the business manager or the agent causing damage is the base at each particular case, granting the authority to determine the level and method of compensation, complete. Pay.

Item 2

COUNCIL, SEQUENCE, REVIEW PROFILE, REPARATION RESPONSIBILITY PROCESSING, REIMBURSABLE

What? 15. Define the damaged property value

1. When the person who damages the economy, the property of the State and of the business is to organize verification, assess the damage and compile the task of the contents of the incident to do the review, handle the compensation, reimbursable to the person responsible. damage.

2. The value of the damaged property is determined on the basis of the actual value of the property (at the market price at the time of the occurring), minus the remaining value of the property (if any) at the time of the event.

3. The business has a person who damages the person who caused the damage to write a report on the incident, proposes a settlement; at the same time, prepare to form the Compensation Disposal of responsibility, which is reimbursable under the provisions of Article 18 of this.

What? 16. The council handles compensation, reimbursable

1. The person with the authority must set up the Compensation Accountability Council, reimbursable to review the settlement of the compensation, reimbursable for a 30-day period, since the date of the person who damages the property of the State and of the business.

2. Component of the Compensation Disposal board, the refund is:

a) Chairman of the Council is the head or deputy head of the rank of authority;

b) A Council commissioner is representative of the Executive Committee on the same level;

c) A Council commissioner is the unit representative where the person who damages the work;

d) A Council commissioner is an expert in the relevant economic, technical, and legal sector that granted the authority to approve;

A commissioner and secretary of the Council is to represent the organization of the same level.

What? 17. The mission and the operational principle of the Council for Compensation Accountability, reimbursable

1. The council handles the responsibility for compensation, reimbursable:

a) Review, assessment of the properties of the damaging behavior; the extent of the damage;

b) Define the responsibility of the detritier and the relevant;

c) The petition with the head of grant has jurisdiction over the degree and method of compensation, reimburs;

d) The case of the Council to detect the behavior of the person who damages the material has a sign of the crime, then the Council of petitions with the authority has the authority to transfer the case to the authorities to handle the provisions of the law.

2. The council handles the compensation responsibility, reimbursable in accordance with the principles:

a) the council shall meet in full of all the members of the council;

b) In the process of deliberation and voting to decide, the members of the Council must be objective, democracy, and follow the rules of the law;

c) The petition for the degree and method of compensation, reimbursable is done by the closed ballot form of the Council and by the principle of majority;

d) The meeting of the Council was written to the Council for review, through and Chairman of the Board;

The meetings of the Council must have the cause of the damage. The case of a man who caused the damage was absent after 2 times the Council convened without a legitimate cause until the third time, after the Council of Convening, if the person caused the damage to remain absent, the Council continued to review, the jury's petition. Usually, reimbursable.

3. The Council itself dissolved after the completion of the mission.

What? 18. Profile, presentation of the Council for Compensation Accountability, reimbursable

1. When review, resolve the compensation, the refund must be based on the case of the compensation responsibility file, the refund of the incident, the profile includes:

a) The text of the incident (or the conclusion text of the competent organ;

b) The report of the damage and the relevant one;

c) Economic-technical record (if any) of the equipment, equipment or property lost, damaged or damaged;

d) The value of the value of the property was damaged by regulation at Article 2 of this Article 15;

Other texts are related (if any).

2. The reimbursable, reimbursable responsibility profile must be sent to the Compensation Disposal Board members, reimbursable prior to the 5-day Council meeting working to study.

3. The Board of Compensation Disposal, reimbursable meeting, addressing the compensation, reimbursable by the following sequence:

a) Chairman of the Council of Public Participation;

b) Commissioner and Secretary of the Council report on the damages of the business manager or the agent and the extent of damages;

c) The council hears the program of the business manager or the representative must compensate and hear the opinions of the members of the Council;

d) The council discussed and voted closed on the level and method of compensation, reimbursable;

The Chairman of the Council announced the ballot and passed the meeting;

e) Chairman of the Council and Commissioner and Secretary of the Council sign the meeting.

Section 3

MAKE THE DECISION TO COMPENSATE, REIMBURSABLE

What? 19. The deadline for compensation decision, reimbursable

1. In the 5-day period of work, since the Day of the Board of Compensation Accountability, the refund of the vote through the degree and the compensation method, reimbursable the Chair of the Council must set up the meeting and send to the head of the business or grant. The right to review, the decision.

2. The petition base of the Council handles the compensation, reimbursable, for a 10-day period of work, since the date of receiving the petition, the head of the business or granting authority out of the decision requires the person causing compensation, reimbursable. The damage was caused; in the decision to record the extent, the method and the compensation deadline, the return.

What? 20. The complaint decides for compensation, reimbursable

1. The case does not agree with the compensation level, reimbursable damages issued by the Board of Compensation, reimbursable voted by the person who caused the damage and the relevant person has the right to ask the Council to handle compensation, reimbursable Charter services, appraisal. The cost of hiring professionals, the organization of the appraisal required by the person to pay.

2. The person who is handled in charge of compensation, reimbursable has the right to complain about the compensation decision, the refund of the head of the business or granting authority under the law of the complaint of the complaint.

What? 21. Processing the business manager or the agent intentionally does not fulfill the compensation obligation, reimbursable.

1. The business manager or an agent who intentionally does not perform the compensation obligation, reimbursable, must consider disciplinary action.

2. In the case of a business manager or agent who is no longer working, the competent authority has the right to initiate the Court.

Chapter III

EXECUTION CLAUSE

What? 22. Organization to execute

1. The organization of the cadres of industry managers, Board of Directors of Economic Corporation, Corporation, Department of the Department of the Provinces, the Central City of the Central Committee of the Central Committee.

2. Total Investment and Capital Business (SCIC), the base of regulations at the Digital Protocol. 66 /2011/ND-CP and the guide of this message to guide the implementation of the subjects is the business manager and the representative at the Corporation, the member units of the Corporation. For businesses that have the funds of the State due to the ministries, industry, local after the share of the transfer of the management company, the Board of Directors has a specific regulatory responsibility that is consistent with the management of enterprise management and management. the representative under the law of the current law. At the same time it is responsible for reporting the Prime Minister and the competent authorities to administer the results.

What? 23.

1. This message has been in effect since August 15, 2012.

2. Repeal Digital 01 /2008/TT-BNV 15 January 2008 of the Ministry of Internal Affairs Guide the Order, Appointment Procedure, Dismissal, Commendation, discipline to the Chairman of the Board, Member of the Board, General Manager, Director, Deputy Director General, Deputy Director of Public Affairs. The state company.

What? 24.

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, the Central City of the Central Committee and the agencies, organizations, individuals are involved in the responsibility of this private practice.

KT. MINISTER.
Chief.

(signed)

Chen Anh Tuan