Legal document newsletter week 14/10/2023

09 CONDITIONS FOR APPOINTMENT OF LEADERS OF STATE ENTERPRISES EFFECTIVE FROM September 14, 2023 

On September 14, 2023, the Government has just issued Decree No. 69/2023/ND-CP (Decree 69) , amending and supplementing a number of articles of Decree No. 159/2020/ND-CP dated September 31, 2023. December 2020 on the management of title holders, positions and representatives of state capital at enterprises, Decree 69 takes effect from the date of signing. In particular, there are notable amendments related to 09 conditions for appointing leaders of state-owned enterprises from September 14, 2023 as follows: 

1. First:  ensure general standards and conditions according to regulations of the Party and State and specific standards and conditions of appointed positions and titles according to regulations of competent agencies. 

2. Second:  for personnel from local sources, they must be planned for assigned positions or titles or be planned for equivalent positions or higher. For human resources from other places, they must be planned for positions or equivalent titles or higher. Special cases shall be considered and decided by competent authorities. In case a newly established enterprise has not yet approved the planning, it will be reviewed and decided by the competent authority. 

3. Third: have documents, personal history, declaration of assets and income according to regulations. 

4. Fourth:  Regarding the age of appointment, personnel proposed to be appointed for the first time to hold a leadership or management position or proposed to be appointed to a higher leadership or management position must be old enough to work fully. appointment period. The time to calculate the age of appointment shall comply with the regulations of the competent authority. Special cases shall be considered and decided by competent authorities. Personnel who are mobilized or appointed to hold new positions equivalent to or lower than the positions currently held will not have their appointment age calculated according to the above regulations. 

5. Fifth:  healthy enough to complete assigned tasks. 

6. Sixth:  not falling into the cases of being prohibited from holding positions according to the provisions of law. 

7. Seventh:  not within the disciplinary period, being investigated, prosecuted, or tried. In case the enterprise is under inspection or examination by a competent authority, the competent authority shall discuss with the inspection and examination agency about the personnel proposed to be appointed before deciding. 

8. Eighth : have held the current position or equivalent position for at least 02 years (24 months). If not consecutive, it will be cumulative (only cumulative for the time holding the equivalent position ). Special cases shall be considered and decided by competent authorities. 

9. Ninth:  a business manager who is disciplined while holding a position shall not appoint or nominate candidates for a higher position within the time limit prescribed by the competent authority.