In what cases should members of the Board of Members in a State-owned enterprise be dismissed or dismissed?

How are the Board of Members of State-owned Enterprises regulated?

Pursuant to Article 91 of the Law on Enterprises 2020, which regulates the Board of Members in State-owned Enterprises as follows: as follows:

“Article 91. Board of Members

1. The Board of Members, on behalf of the company, exercises the rights and obligations of the company in accordance with the provisions of this Law and other relevant laws.

2. The Board of Members includes the Chairman and other members, numbering no more than 07 people. Members of the Board of Members are appointed by the agency. representative of the owner to appoint, dismiss, dismiss, reward, discipline.

3. The term of office of the Chairman and other members of the Board of Members shall not exceed 05 years. An individual may be appointed as a member of the Board of Members for no more than 02 terms at a company, unless he or she has worked for more than 15 years continuously at that company before being appointed for the first time. head.”

Accordingly, the Board of Members includes the Chairman and other members, numbering no more than 07 people. Members of the Board of members are appointed, dismissed, demoted, rewarded and disciplined by the owner’s representative agency. The term of office of the Chairman and other members of the Board of Members shall not exceed 05 years. Members of the Board of members may be reappointed. An individual may be appointed as a member of the Board of Members for no more than 02 terms at a company.

Standards and conditions of members of the Board of Members in State-owned Enterprises?

Pursuant to Article 93 of the Law on Enterprises 2020 stipulating the standards and conditions of members of the Board of Members, specifically as follows:

“Article 93. Standards and conditions of members of the Board of Directors member

1. Not subject to the provisions of Clause 2, Article 17 of this Law.

2. Have professional qualifications and experience in business administration or in the field, industry or profession of the enterprise.

3. Not be a person related to the family of the head or deputy of the head of the owner’s representative agency; member of the Board of members; Director, Deputy Director or General Director, Deputy General Director and Chief Accountant of the company; Company controller.

4. Not a member business manager.

5. Except for the Chairman of the Board of Members, other members of the Board of Members may concurrently be the Director or General Director of that company or another company that is not a member enterprise according to the decision of the owner’s representative agency.

6. Never been dismissed from the position of Chairman of the Board of Members, member of the Board of Members or Chairman of the company, Director, Deputy Director or General Director, Deputy General Director of a state-owned enterprise.

7. Other standards and conditions specified in the company charter.”

Thus, to become a member of the Board of Members in a State-owned enterprise, the following standards and conditions must be met:

– Not in the case of not being allowed to establish a business as prescribed by law.

– Have professional qualifications and experience in business administration or in the field, industry or profession of the enterprise.

– Not a person related to the family of the head or deputy head of the owner’s representative agency; member of the Board of members; Director, Deputy Director or General Director, Deputy General Director and Chief Accountant of the company; Company controller.

– Not a member business manager.

– Have never been dismissed from the position of Chairman of the Board of Members, member of the Board of Members or Chairman of the company, Director, Deputy Director or General Director, Deputy General Director of a state-owned enterprise.

What are the cases of dismissal and dismissal of members of the Board of Members in State-owned Enterprises?

The cases of dismissal and dismissal of members of the Board of Members in State-owned Enterprises are stipulated in Article 94 of the Law on Enterprises 2020, specifically as follows:

“Article 94. Dismissal and dismissal of Board members member

1. The Chairman and other members of the Board of Members are dismissed in the following cases:

a) No longer meet the standards and conditions specified in Article 93 of this Law;

b) There is a resignation letter and is approved in writing by the owner’s representative agency;

c) There is a decision to transfer, arrange another job or retire;

d) Not enough capacity or qualifications to undertake assigned work;

dd) Not healthy enough or no longer reputable to hold the position of member of the Board of Members.

2. The Chairman and other members of the Board of Members are dismissed in the following cases:

a) The company fails to complete the annual plan goals and targets, fails to preserve and develop investment capital as required by the owner’s representative agency without explaining objective reasons or explains the cause but is not approved by the owner’s representative agency;

b) Convicted by the Court and Court judgments and decisions have come into legal effect;

c) Dishonest in exercising rights and obligations or abusing position or position, using company assets for personal gain or serving the interests of other organizations or individuals; Untruthfully reporting the company’s financial situation and production and business results.

3. Within 60 days from the date of the decision to dismiss or dismiss the Chairman and other members of the Board of Members, the owner’s representative agency shall consider and decide to select and appoint another person to replace him.”

Accordingly, members of the Board of members are dismissed in the following cases:

– No longer meets the standards and conditions prescribed by law

– Have a resignation letter and be approved in writing by the owner’s representative agency;

– There is a decision to transfer, arrange another job or retire;

– Insufficient capacity and qualifications to undertake assigned work;

– Not healthy enough or no longer reputable to hold the position of member of the Board of Members.

The Board of members is dismissed in the following cases:

– The company fails to complete annual plan goals and targets, fails to preserve and develop investment capital as required by the owner’s representative agency without explaining objective reasons or explaining the cause without approval from the owner’s representative agency;

– Convicted by a Court and the Court’s judgment or decision has taken legal effect;

– Dishonest in exercising rights and obligations or abusing position or position, using company assets for personal gain or serving the interests of other organizations or individuals; Untruthful reporting of the company’s financial situation and production and business results.