The Decree 66/2010/nd-Cp: Regulating The Application Of The Law On Public Servants For The Positions Of Leadership, Management Limited Liability Company A Member Owned By The State And Fishing

Original Language Title: Nghị định 66/2011/NĐ-CP: Quy định việc áp dụng Luật Cán bộ, công chức đối với các chức danh lãnh đạo, quản lý công ty trách nhiệm hữu hạn một thành viên do Nhà nước làm chủ sở hữu và ngư

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The DECREE stipulates the application of the law on public servants for the positions of leadership, management limited liability company a member owned by the State and who was elected to represent the owner of the State's stake in the business is capital of the State of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of business on November 29, 2005;
Pursuant to the law officers, on November 13, 2008;
Considering the recommendation of the Minister of the Interior, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on the appointment, the appointment; maneuver,; representatives; resigned, dismissed; as represented; reviews; fostering knowledge; rewarding; discipline; quitting, retirement and records management for leadership positions, management limited liability company a member owned by the State and who was elected to represent the owner of the State's stake in the business is capital of the State.
Article 2. Application object 1. The position of leadership, management limited liability company a member owned by the State (hereafter referred to as the Business Manager), including: a) the President of the Council members, the President of the company;
b) members of the Board members;
c) control;
d) Director General, Deputy Director General, Director, Deputy Director and Chief Accountant.
2. Who was elected to represent the owner of the State's stake in the business is capital of the State (hereafter referred to as representative).
3. This Decree shall also apply for the position of leadership, management of the social policy Bank, Vietnam Development Bank and deposit insurance of Vietnam.
Chapter II SPECIFIC PROVISIONS section 1 appointment, APPOINTMENT, MANEUVER, ROTATED the BUSINESS MANAGER; REPRESENTATIVES of article 3. Appointment 1. Standards, conditions of appointment: a) standard, the condition of title, the title is appointed under the provisions of the law on enterprises and competent authorities;
b) are full of personal records be competent authorities verify the obvious, there is a declaration of assets according to the provisions;
c) in age appointed according to the provisions;
d) are healthy enough to complete the task;
DD) Not in the case of prohibited assignment, title under the provisions of the law;
e) in addition to the conditions prescribed in points a, b, c, d and dd, appointing inspectors also must comply with the provisions of article 122 business law and the other provisions of the law.
2. The time limit for the appointment of not more than 5 years; as for the titles, the term appointment not to exceed 3 years.
3. The case has not yet appointed review: a) Are prohibited during the assignment, title;
b) are in time be considered disciplinary, investigation, prosecution, trial;
c) are in time to enforce disciplinary decisions from rebuke or over.
4. Processes, procedures for appointment: a) Board Member, President of the company in writing of the authorized program advocates, the title, the number of proposed personnel appointed;
b) after the authority have agreed on the text advocates, Board Member, Chairman of the company in collaboration with the relevant authorities to make process, procedure for appointment under the rules.
5. Business Manager was appointed to the position, a new position, then naturally the honorifics, titles are kept, unless otherwise authorized by the Chief decision.
Article 4. Appointed again 1. Enterprise Manager when expiry held, titles must be competent to review the appointment or not appointed again.
2. Standards, conditions of appointment back business manager: a) standard under the provisions of paragraph 1 of article 3 of this Decree;
b) completed the task in time to hold the service business management;
c) Not during disciplinary review, investigation, prosecution, adjudication and not during the enforcement of disciplinary decisions from rebuke or over.
3. The time limit for the appointment was made according to the provisions in paragraph 2 of article 3 of this Decree.
a) cases as of the time of his retirement, the business manager is still under 5 years work, the remaining members under control, public works, the term of appointment is until the time of his retirement as prescribed;
b) cases as of the time of his retirement, the business manager is still under 2 years, if qualified, appointed by the conditions, the authority to consider, decide to extend the time held the leader until the time of his retirement.
4. Processes, procedures for appointing again: a) Before 3, until the expiry of appointment, the management level directly inform business managers to write a self evaluation, review the implementation, during the mission held;
b) Enterprise Manager reports out of Enterprise Leadership Conference to collectively contribute ideas and opinions held by secret ballot under the provisions;
c) procedure business process review authority appointed again.
5. Decides to extend the Enterprise Management Office specified in point b of paragraph 3 of this article and decided to back the appointment must be issued at least 12 working days, until the expiry of business management appoints.
6. Business Manager when appointed expiry without being appointed or not, was appointed the new Minister the Authority appointed to be responsible for the layout of new work or resolve mode, the policy under the provisions of the law.
Article 5. Movement, rotation 1. The maneuver, moved the business manager and the representative must: a) the Mission of the business requirements;
b) political, moral qualities, abilities, qualifications, career service consistent with the requirements of the position held, new titles;
c) plan, planning the use of human resources in the enterprise.
2. The maneuver, moved the business managers and the representative appointed by the authority and competent candidate.
Business Manager and the representative made, rotation, then naturally the honorifics, titles are kept, unless otherwise authorized by the Chief decision; enjoy mode, the policy fits with the new position under the rules.
Article 6. Representatives 1. The representative of the State's stake in the business to have enough of these standards, the following conditions: a) Is a citizen resident in Vietnam, Vietnam;
b) Has political, ethical quality, competence, professionalism, career service consistent with the requirements of the position, the title was elected to represent;
c) are healthy enough to complete the task;
d) knows the law, observance of the law;
DD) isn't in one of the cases provided for in paragraph 3 of article 3 of this Decree;
e) in addition to the standards, the conditions specified at points a, b, c, d and DD on this item, the representatives have to comply with the provisions in paragraph 2 to article 48 business law and the other provisions of the law.
2. The time limit for representatives is the deadline under the term of Board members or the Board.
3. Processes, procedures for election of representatives: a) the Council members, the President of the company in writing of the authorized program advocates, the title, the number of personnel was proposed candidate;
b) after the authority have agreed on the text advocates, Board Member, Chairman of the company, in coordination with relevant authorities perform the procedure, the procedure of election of delegates under the rules;
c) representative was appointed business manager not be shareholders, Board members voted on through the election of authorized other people instead.
4. Election of the representative again: a) expiry representative as the representative, the authority representatives to consider, evaluate to the election again or sent back, no case was sent back to the authority must be responsible for arranging the work more in line with the capacity of people to not be elected again as the representative or the resolve mode the policy, in accordance with the law;
b) standard, the representative again election conditions comply with the provisions of paragraph 1 of this article;
c) the time limit for the election again is representative of time according to the terms of Board members or the Board;
d) process, the representative again election procedures follow the provisions in paragraph 3 of this article.
Item 2 Organization, DISMISSED the ENTERPRISE MANAGER; AS REPRESENTATIVE of article 7. Resignation, dismissal 1. The business manager is resigned or dismissed if in one of the following cases: a) ailing, power, and prestige to complete assigned tasks;
b) at the request of missions;
c) for other reasons as prescribed by law.
2. Business Manager after the resignation or dismissal of the Authority appointed to be responsible for the layout of new work or resolve mode, the policy under the provisions of the law.
3. Business Manager suggested be resigned or dismissed but not yet competent agree they still must continue to carry out the task, their powers.
4. Processes, procedures for resignation, dismissal: a) based on the case resigned, dismissed as defined in paragraph 1 of this article, the Department Chief of organization of officers authorized to recommend the appointment of preparation of records to the Authority appointed to review decision. The records include: curriculum vitae; menu suggestions are resigned, dismissed (if available); a general comment, reviews pros, cons for resignation, dismissal and suggested the Department's counsels;
b) for the titles in an appointed Prime Minister: Board Member, President of the company sending the sheet attached to the records management industry to the Prime Minister, while Interior Ministry sent to the appraisal process is the prime consideration and decision.
Article 8. Representative.

The representative was only represented in one of the cases specified in clause 1 article 7 of this Decree shall implement the provisions in paragraph 2, paragraph 3 and art. 4 Article 7 of this Decree.
Section 3 REVIEWS, FOSTERING the KNOWLEDGE article 9. Reviews 1. The evaluation of enterprise managers and representatives are made on time last year or when performing processes, planning, appointment, appointment, election of representatives, maneuver, rotation, reward, or discipline.
2. content reviews business manager and representative, including: a) Executive way, advocates, policy of the party and State;
b) political, moral quality, lifestyle, style and way of working the margins;
c) capacity, the level of business management;
d) results, the efficiency of business operations of the enterprise for business managers; results, performance of the enterprise for the representative; the results of monitoring and evaluation of the performance of the competent authority for business under the provisions of the law.
3. Processes, procedures for reviews: a) Enterprise Manager and the representative himself wrote a comment, reviews and reports before the meeting of business leaders;
b) based on the evaluation results report of the meeting of business leaders, the authority to appoint, appointed representatives, to review the decision, reviews, classified according to these levels: to complete its tasks; complete the mission; do not complete the task.
4. classification results, reviews are stored in the profile and notification to the enterprise management and the representative.
Article 10. Fostering knowledge 1. Fostering knowledge for business managers and the representative must: a) the location, standard of service, the title of the business and management of the representative;
b) according to the needs of planning, developing the human resources of the enterprise.
2. business managers and representatives in time involved 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.
3. Business Manager and a representative was sent to join the knowledge fostered by the State budget if the source 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.
Item 4 REWARDS, discipline article 11. Rewarding business manager and the representative have outstanding achievements are rewarded according to the provisions of the law of rewards.
Article 12. Disciplinary guidelines 1. Objective, democratic, fair, strict, true law.
2. Each violation of law only applies a form of discipline. If the Enterprise Manager and the representative have multiple law violations shall be considered disciplined about each behavior and apply disciplinary forms a heavier than the heaviest disciplinary form, unless the behavior is punished by dismissal.
3. in case of corporate managers and representatives 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 were punished in equal or lighter than the level form of discipline is enforced, then apply more severe discipline form a the level compared to the form of discipline is enforced;
b) If there are violations of the law were disciplined at heavier than the form of discipline is enforced, then apply more severe discipline form a disciplinary form compared to the level applicable to violations of the new law;
c) decided to discipline for violation of the law before will terminate effective from the moment the decision to discipline for violation of the new law take effect.
4. Based on the attitude, the repair and recovery of enterprise managers and the representative have violations of law to consider aggravating or mitigating disciplinary level.
5. The time yet to consider disciplined for business managers and representatives in the cases prescribed in article 20 paragraph 1 of this Decree are not calculated in 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 people management and business representatives in the disciplinary process.
Article 13. Disciplinary forms forms of discipline include: reprimand; warning; the lower wage tier; from Office; fired.
Article 14. Reprimand rebuke discipline form applicable to Enterprise Manager and the representative of one of the violations of the law: 1. Do not perform the tasks without good reason;
2. Losing solidarity in the Agency, organization, unit;
3. Advantage of the prerogatives and powers of use of capital property of the business and to profit for themselves and for others;
4. Violation of the rules of business, decisions beyond the authority, taking advantage of a position of authority, causing damage to businesses and the State;
5. Use of public property contrary to law;
6. Confirm the legal papers for non-eligible, vires;
7. Use illegal papers to be sent to join fostering knowledge;
8. Violation of 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 15. Warning warning discipline form applicable to Enterprise Manager and the representative of one of the violations of the law: 1. The level of legal papers for non-eligible, vires;
2. Use information, documents of the Agency, organization, unit to service benefit;
3. Do not accept the decision operation, assigned to the work of the authority;
4. To take the State capital or capital of your business, the investment project decisions are not effective, do not pay the debt, not guaranteed wage and the other modes for workers in the business under the provisions of the law on labour;
5. dishonest reporting the financial situation of the business twice or once but serious discrepancies in the financial situation of the enterprise;
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 16. The lower wage tier disciplinary form of lower wage tier applies to the enterprise management and the representative of one of the violations of the law: 1. Do not complete tasks that cause serious consequences that reason not be approved by the authorized;
2. Taking advantage of the location of the work, intentionally making unlawful for the purpose of service benefit;
3. violations in the severity of salary policy; use the degree certificate, not legal to upgrade unlawful wage tier.
Article 17. Resignation from Office discipline form applicable to Enterprise Manager and the representative of one of the violations of the law the following: 1. Use illegal papers to be appointed to the position;
2. Not complete task management, operating business to happen the wrong about capital management, asset accounting, auditing and other financial regimes due to state regulations causing serious consequences;
3. The penalty of prison for the enjoyment of probation or detention not improvement;
4. Violating 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;
5. To business losses two years in a row or in a State between the two in the hole there is a break-even year for which reasons are not competent to consent;
6. To Business bankruptcy status but not the petition for bankruptcy; in an enterprise reorganization, 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 18. Dismissal dismissal discipline form applicable to Enterprise Manager and the representative 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. For business losses, losing the State capital at the level of particularly severe;
5. violations particularly severe level of provisions 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 19. The responsibility of compensation, reimbursement of business managers and representatives.
Business Manager and the representative have the legal violations that cause damage to the economy, the property of the State and of the business must then have the responsibility of compensation, reimbursement under the provisions of the law.
Article 20. The cases have yet to consider discipline and disciplinary responsibility exemption 1. The case has not looked disciplined: a) Are in the annual holiday, vacation time under the break mode is the approval authority;
b) are in time treatment certified by the competent medical authorities;
c) Are during pregnancy, maternity leave, are raising children under 12 months of age;
d) are under the 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 liability: a) to be verified by the authorized State 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 officers, public servants;

c) Are authorized to confirm the violation of laws in force majeure situation when on duty.
Article 21. Disciplinary authority Levels would have the authority to appoint business managers and representatives, the level of which has the authority to conduct disciplinary and decide disciplinary form.
Article 22. Disciplinary Council 1. Disciplinary Board established The disciplinary authorities stipulated in article 21 of this Decree, the Council decided to establish the discipline to advise on the application form for the discipline of Enterprise Manager or representative who acts in violation of the law, except in the case specified in clause 2 of this Thing.
2. The absence of established disciplinary Council: a) Enterprise Manager and the representative have violations of the law be imprisonment without probation is entitled;
b) Enterprise Manager and the representative be disciplined when the review had concluded about violations of the law of the party's inspection authority or inspection body, to investigate.
Article 23. Disciplinary board components 1. Disciplinary Council composition comprising 5 members, namely: a) the President of the Council is the President of the Council members, the President of the company;
b) A member of the Board is to represent the superior party party's direct business. The case of the direct superior Party Committee is the local Party Committee, the Commissioner of the Council's Committee of the local party representative;
c) A member of the Council is representative of the business people were disciplined, Commissioner by the legal representative of the enterprise which selected and sent out;
d) A member of the Council is representative of the Union Committee of business people were disciplined;
DD) A member of the Secretariat of the Council and Secretary-General is the person in charge of the Chief officers of the business people were disciplined.
2. where the President of the Council members, the President of the company violating the law or breach discipline of business, then the head of the competent agency appointed by the President of the Council members, the President of the company decided to set up the Council of discipline. Disciplinary Council consists of 10 members, namely: a) the President of the Council is head or Deputy head's authorized agency appointed by the President of the Council members, the President of the company;
b) A member of the Board is to represent the superior party party's direct business. Party case supervisor is the local party committees at levels then this Commissioner is the Commissioner of the local party representative;
c) A member of the Council is representative of the business leaders there who were disciplined;
d) A member of the Council is representative of the Union Committee of business people were disciplined or review by the management authority;
DD) A member of the Secretariat of the Council and Secretary-General is the person in charge of the Chief officers of the management level directly.
3. With regard to the title under the authority of the Prime Minister appoints, the establishment of the Disciplinary Council by the Minister of the Interior the prime consideration, decision. After the Disciplinary Council meeting concluded, Board Member General results, preparing disciplinary records sent to the Ministry of industry management to look at the same time, the Prime Minister sent the Interior Ministry to the evaluation process of the prime consideration, decision.
4. do not send related family: father, mother, children are admitted by law; 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 and the representative was considering taking disciplinary board member discipline.
Article 24. The working principles of the disciplinary board.
1. the disciplinary board meeting when at least two thirds of the attending members, which must be the Chairman and members of the Council Secretariat and Secretary-General. Disciplinary Board petitions applied forms of discipline by secret ballot results.
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 25. The sequences of the disciplinary procedure, 1. Business Manager, who had represented violations of the law are granted authority asked to do a review, explanation of the violation and disciplinary form themselves to send direct management level before the 5 working days, a meeting of the Council on discipline.
2. The head of the competent bodies established disciplinary Council, the Organization of the meeting review and voting form of discipline.
3. After the Disciplinary Council meeting, within 5 working days of the Disciplinary Council must aggregate results, disciplinary records sent to the authority to review the decision to discipline.
Article 26. Disciplinary records 1. Profile send a review authority, disciplined include: sheets; a review of the disciplinary violation; the minutes of these meetings review who have violations; mail report, concluding test, concluding the inspection and other related documents; Disciplinary Council meeting minutes.
2. The records and documents relating to the handling of discipline and disciplinary decisions must be kept in the personal profile. Disciplinary decisions must be recorded in the biographies of the people were disciplined.
Section 5 quitting, RETIREMENT and RECORDS MANAGEMENT article 27. Only the 1. Business Manager and representative is quitting when 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 and the representative have retrenchment aspirations must then be submitted by the authorized application to review the decision. Within a period of 30 days from the date of receiving the application, the authorized to answer in writing, if not agreed to the retrenchment must clearly state the reason specified in paragraph 3 of this article; the case has not yet been authorized to agree that arbitrarily dismiss the work shall not be entitled to retrenchment mode and must compensate the cost of upgrading knowledge in accordance with the law.
3. Don't settle for the retrenchment of enterprise managers and the representative in the following cases: a) are in time perform the maneuver, rotation, are being considered disciplined or suffer prejudice criminal liability;
b) are 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 for business;
d) due to the requirement of business tasks or layout is not a replacement.
4. in case the Manager and representative business 2 years in a row does not complete the task for which reason not be approved by the authorized shall be the competent authorities deployed another task or solve retrenchment under the provisions of the law.
5. The Manager and representative business retrenchment was entitled to retrenchment as for public servants was stipulated in 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 business managers and the representative paid by enterprises.
Article 28. Retired business manager and the representative are entitled to the pension regime in accordance with the law on social insurance. Retirement procedures for business managers and representatives as to the provisions of 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 29. Records management 1. The set up, keep and manage personal profile of enterprise managers and the representative under decentralized management and implemented as records retention for public servants.
2. business annually perform additional stats, profile of the business manager and the representative of as rules for public officials to report to the competent management authority.
Chapter III article 30 ENFORCEMENT TERMS. Effective enforcement of this Decree in effect enforced since January 25, 2011.
Article 31. Enforcement instructions 1. The specific guidelines on standards, conditions, processes, procedures for appointment, appointment, election of representatives, resignation, dismissal, discipline and records management for business managers and representatives; hosted, in cooperation with the Ministry of finance specific guidelines article 19 of this Decree on the responsibilities of compensation, reimbursement for business managers and representatives.
2. The Ministry of defence, the Ministry of public security, in coordination with the Ministry of the Interior Regulation the application of this decree with regard to Enterprise Manager and the representative of the Ministry of defence and the Ministry of public security management.
Article 32. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and agencies, organizations and individuals concerned is responsible for the implementation of this Decree.