Decree No. 159/2020/ND-CP management of titleholders officeholders of state ownership interests

DECREE

On management of persons holding posts or titles and representatives of state capital portions in enterprises

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Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Management and Use of State Capital Invested in Production and Business at Enterprises dated November 26, 2014;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and Law on Public Employees dated November 25, 2019;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree on management of persons holding posts or titles and representatives of state capital portions in enterprises.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides regulations on:

1. Assessment, planning, appointment, re-appointment, transfer, rotation, resignation, relief of duty, commendation, discipline, retirement for persons holding posts or titles and supervisors in enterprises in which the State holds 100% of charter capital.

2. Assessment, assignment, re-assignment, removal from office of representatives of the state capital portions, commendation, discipline and retirement of the representatives of the state capital portions in enterprises.

Article 2. Subjects of application

1. Agencies representing the State owner.

2. Enterprises in which the State holds 100% of charter capital.

3. Enterprises in which the State holds more than 50% of charter capital or total of the voting shares; enterprises in which the State holds maximum of 50% of charter capital or total of the voting shares (hereinafter referred to as enterprises with State capital).

4. Persons holding posts or titles in enterprises in which the State holds 100% of charter capital (hereinafter referred to as state enterprise managers), including:

a) Chairperson of the Members’ Council;

b) Company president (for companies in which the Members’ Council is not organized);

c) Members of the Members’ Council;

d) Director General;

dd) Director;

e) Deputy Director General;

g) Deputy Director;

h) Chief accountant.

5. Supervisors of enterprise in which the State holds 100% of charter capital (hereinafter referred to as supervisors).

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