ON MANAGEMENT OF HOLDERS OF MANAGERIAL TITLES AND POSITIONS AND STATE CAPITAL REPRESENTATIVES AT ENTERPRISES

This Decree provides for the management and utilization of holders of managerial titles and positions at enterprises of which the State holds 100% of charter capital, controllers, and state capital representatives at enterprises.

1. State-owned enterprises as prescribed by the Law on Enterprises.

2. Enterprises of which the State hold no more than 50% of charter capital or total voting shares (hereinafter referred to as enterprises with state capital).

3. Holders of managerial titles and positions at enterprises of which the State holds 100% of charter capital (hereinafter referred to as SOE managers), comprising:

a) Chairperson of the Members' Council;

b) Company Chairperson (for enterprises not organized under the Members' Council model);

c) Members of the Members' Council;

d) General Director or Director, except in cases of hiring a General Director or Director.

4. Controllers.

5. State capital representatives at enterprises of which the State holds more than 50% of charter capital or total voting shares; state capital representatives at enterprises of which the State holds no more than 50% of charter capital or total voting shares (hereinafter referred to as state capital representatives).

6. Other relevant agencies, organizations and individuals.

For the purpose of this Decree, the following terms shall be construed as follows:

1. Personnel management comprises:

a) Performance evaluation, personnel planning, appointment, reappointment, reassignment, resignation, removal from office, commendation, disciplinary action and relief from a managerial position with respect to SOE managers;

b) Performance evaluation, appointment, reappointment, removal from office, relief from state capital representative duties, commendation and disciplinary action with respect to state capital representatives;

c) Suspension from duties, termination of employment and retirement.

2. The personnel management advisory body is the organizational and personnel unit of the competent authority.

3. A controller is the title of a person under the management authority of the ownership representative agency, appointed by the ownership representative agency to work on a dedicated or concurrent basis.

1. The principle of unified Party leadership over personnel management and workforce management shall be maintained.

2. Compliance with the law on enterprises, the law on state capital management and investment in enterprises and relevant laws shall be maintained; where there is a difference, the provisions of the specialized law shall apply, provided they are consistent with the regulations of the competent authority.

3. The principle of democratic centralism shall be upheld, with clear delineation of collective and individual responsibility, particularly the responsibility of the head in personnel management; delegation and devolution to direct ownership representatives shall be promoted.

4. SOE managers, state capital representatives and controllers shall not be officials, civil servants or public employees.

5. Where one person simultaneously holds multiple positions under the management authority of different levels, consideration and decision shall be made by the level with management authority over the highest position.

1. Provide opinions prior to the ownership representative agency deciding on the appointment, reappointment, reassignment, removal from office and relief from a managerial position with respect to the Chairperson of the Members' Council and Company Chairperson of enterprises of which 100% of charter capital is held by the State where the Prime Minister exercises the rights and responsibilities of the ownership representative, and enterprises on the List attached to this Decree.

2. Where necessary, require the ownership representative agency to carry out or direct the carrying out of personnel management matters with respect to enterprise managers at the enterprises prescribed in clause 1 of this Article.

1. With respect to enterprises prescribed in clause 1 Article 5 of this Decree:

a) Decide on personnel management matters prescribed in points a and c clause 1 Article 3 of this Decree with respect to the Chairperson of the Members' Council and Company Chairperson; for matters prescribed in clause 1 Article 5 of this Decree, the opinion of the Prime Minister must be obtained before deciding;

b) Decide on personnel management matters prescribed in points a and c clause 1 Article 3 of this Decree with respect to members of the Members' Council;

c) Provide opinions prior to the Members' Council or Company Chairperson deciding on personnel management matters prescribed in point a clause 1 Article 3 of this Decree with respect to the General Director and Director, except for personnel planning authority;

d) Approve the hiring plan for General Directors and Directors.

2. With respect to enterprises of which the State holds 100% of charter capital where the ownership representative agency exercises the rights and responsibilities of the ownership representative:

a) Decide on personnel management matters prescribed in points a and c clause 1 Article 3 of this Decree with respect to the Chairperson of the Members' Council, Company Chairperson and members of the Members' Council;

b) Provide opinions prior to the Members' Council or Company Chairperson deciding on personnel management matters prescribed in point a clause 1 Article 3 of this Decree with respect to the General Director and Director, except for personnel planning authority; approve the hiring plan for General Directors and Directors.

3. With respect to enterprises with state capital:

a) Decide on personnel management matters prescribed in points b and c clause 1 Article 3 of this Decree with respect to state capital representatives;

b) Provide opinions prior to state capital representatives at enterprises of which the State holds more than 50% to less than 100% of charter capital or total voting shares voting at General Shareholders' Meetings, meetings of the Board of Directors and Members' Council on matters as prescribed by the law on state capital management and investment in enterprises.

4. The ownership representative agency shall be responsible for prescribing the standards, conditions, working regime, rights and responsibilities of the controller title in a manner consistent with Party regulations, relevant laws and international practice; maintaining quality, effectiveness and efficiency in serving the production and business operations of the enterprise and the ownership representative's function of controlling state capital invested in the enterprise; and deciding on the appointment and other personnel management matters with respect to the controller title.

1. With respect to enterprises prescribed in clause 1 Article 5 of this Decree:

a) Decide on personnel management matters prescribed in points a and c clause 1 Article 3 of this Decree with respect to the General Director, Director and other positions and titles under the management authority of the enterprise; for matters prescribed in point a clause 1 Article 3, except for personnel planning, the opinion of the ownership representative agency must be obtained before deciding;

b) Decide on the conclusion and termination of executive service contracts; salary, bonus and other entitlements (if any) with respect to the General Director and Director.

2. With respect to enterprises prescribed in clause 2 Article 6 of this Decree:

a) Decide on personnel management matters prescribed in points a and c clause 1 Article 3 of this Decree with respect to the General Director, Director and other positions and titles under the management authority of the enterprise; for matters prescribed in point a clause 1 Article 3 if applied to the General Director or Director, a report must be submitted to the ownership representative agency before deciding, except for personnel planning authority;

b) Decide on the conclusion and termination of executive service contracts, salary, bonus and other entitlements (if any) with respect to the General Director and Director.

1. Concurrent holding of other titles and positions by SOE managers shall be as follows:

a) The Company Chairperson may concurrently serve as General Director or Director of their own enterprise but may not concurrently hold managerial titles at another enterprise;

b) Except for the Chairperson of the Members' Council, other members of the Members' Council may concurrently serve as General Director or Director of their own enterprise or of another enterprise that is not a member enterprise, by decision of the ownership representative agency.

2. Concurrent holding of other titles and positions by controllers shall be as follows:

a) The Head of the Control Board and controllers may not be managers at another enterprise; may not be controllers of an enterprise that is not a state-owned enterprise; and may not be employees of the enterprise;

b) One individual may be simultaneously appointed as Head of the Control Board or controller at no more than 4 state-owned enterprises.

3. Concurrent holding of other titles and positions by state capital representatives shall be as follows:

a) A dedicated state capital representative may only work at 1 enterprise;

b) A non-dedicated state capital representative may participate as a state capital representative at no more than 3 enterprises; the number of non-dedicated representatives at one enterprise shall not exceed 30% of the total number of members of the Members' Council or Board of Directors;

c) A non-dedicated state capital representative may participate as a representative at one or more other enterprises in accordance with the Charter; non-dedicated state capital representatives may not concurrently serve as state capital representatives at another enterprise of a different ownership representative agency.

4. SOE managers, state capital representatives and controllers may not concurrently hold positions and titles at their own enterprise or at another enterprise in contravention of clauses 1, 2 and 3 of this Article.

1. The term in office for each appointment shall be 5 years, calculated from the date the appointment decision takes effect, except where a term of less than 5 years is prescribed by specialized law.

2. One individual may be appointed as Chairperson of the Members' Council, member of the Members' Council or Company Chairperson for no more than 2 terms at one enterprise, except where the person has more than 15 years of continuous service at that enterprise prior to their first appointment; where the person has worked at a member enterprise, such time shall be aggregated into the continuous service period.

Where the 2-term limit has been reached but the retirement age has not yet been reached, the competent authority shall consider and decide on an appropriate work arrangement.

1. General standards and conditions as prescribed by the Party and the State, and specific standards and conditions for the position or title being appointed as prescribed by the competent authority, shall be met.

2. Candidates from the internal candidate pool must be in the personnel plan for the position or title being appointed or an equivalent or higher position or title. Candidates from the external candidate pool must be in the personnel plan for an equivalent or higher position or title. Special cases shall be considered and decided by the competent authority.

Where a newly established enterprise has not yet carried out the personnel planning approval process, the competent appointing authority shall consider and decide.

3. A minimum of 1 year (12 months) of continuous service in the immediately preceding equivalent or equivalent position must be held, with non-continuous periods aggregated (aggregation applies only to time in equivalent positions).

Where the person previously held a position or title that is higher than, equal to, equivalent to or one level below the position or title proposed for appointment, such time shall be counted toward the time in equivalent positions for aggregation purposes; this shall not apply to cases of relief from a position due to disciplinary action.

Special cases where the minimum service period has not been met or where no immediately preceding position has been held shall be considered and decided by the competent authority.

4. Personnel records, personal curriculum vitae, and asset and income declarations must be complete, clear and verified by the competent authority.

5. The person must have been assessed and rated as completing duties well or above by the competent authority for the 3 most recent years. Where this standard is not met due to enterprise classification under objective conditions, the competent appointing authority shall base its consideration and decision on the enterprise's development objectives by phase and by financial year.

6. Relevant work experience, professional knowledge, management and administration experience, and specific achievements, results and outputs appropriate to the proposed appointment position shall be required.

7. Appointment age

a) Candidates proposed for first-time appointment to a leadership or management position, or proposed for appointment to a higher leadership or management position, must be able to serve a full appointment term before reaching the statutory retirement age. The date for calculating the appointment age shall be in accordance with the regulations of the competent authority. Special cases shall be considered and decided by the competent authority;

b) Candidates reassigned and appointed to a new position equivalent to or lower than their current position shall not be subject to the appointment age requirement prescribed in point a of this clause.

8. In good health to fulfill the assigned duties.

9. The person shall not fall within any of the following cases:

a) Prohibited from holding positions as prescribed by law;

b) Currently subject to a disciplinary period;

c) Currently subject to criminal prosecution, investigation, indictment or trial;

d) In a case where appointment to a higher position has not yet been considered as prescribed by the competent authority.

1. The enterprise's leadership collective shall meet to discuss and decide, or submit to the competent appointing authority for decision on, the policy, number, candidate pool and proposed work assignment for candidates to be appointed.

2. Within 30 working days from the date of receipt of written agreement on the appointment policy, the competent authority must complete the personnel process as prescribed. Where appointment has not been completed within the above period, an explanation and clear reasons must be provided and reported to the authority with competence to decide on the appointment policy.

1. Principles

The appointment process for candidates from the internal candidate pool comprises 4 steps; a meeting may only proceed when at least 2/3 of those convened are present.

The Members' Council or Company Chairperson shall, based on the meeting composition as prescribed by the ownership representative agency, decide on whether to hold meetings in person, online or in a combined in-person and online format appropriate to the characteristics of the agency, organization or unit; and decide on voting procedures for online or combined online and in-person meetings, ensuring accuracy and information confidentiality as prescribed.

The percentage of votes on nomination ballots at steps 1, 2 and 4 shall be calculated on the basis of the total number of persons convened; the percentage of votes on nomination ballots at step 3 shall be calculated on the basis of the total number of persons convened who are present at the meeting.

Nomination ballots for candidates at steps 2, 3 and 4 shall be issued by the meeting organizing committee, bearing the hanging seal of the agency, organization or unit; the meeting proceedings and ballot counting results at these steps shall be recorded in minutes; the number of nomination ballots shall be prepared based on the number of persons convened and distributed based on the number present; voters may sign or not sign their ballots. A representative of the agency or unit responsible for organizational and personnel matters shall attend the steps but shall not vote (except where they are among those entitled to vote).

Where 1 person attends in 2 different capacities, they shall cast only 1 ballot and shall be counted as 1 person on the list of those convened.

Where a person has been convened but is absent due to force majeure, they shall not be counted in the total number of persons convened.

The personnel management advisory body shall report to the enterprise's competent Party committee, the Chairperson of the Members' Council or the Company Chairperson for consideration and decision on the list of persons convened at each meeting; and on cases of absence due to force majeure.

2. Step 1: Collective leadership meeting

The enterprise's collective leadership meeting shall perform the following tasks:

a) Discuss, review and reach consensus on the structure, number, standards, conditions and personnel process.

Basis for review: Approved appointment policy; enterprise's operational requirements; candidates in the personnel plan, including those in plans for equivalent or higher positions;

b) Review performance evaluation and assessment results for each candidate in the personnel plan (including candidates in plans for equivalent or higher positions);

c) Approve the list of candidates meeting the standards and conditions.

Complete nomination ballots on the basis of the list of candidates meeting the standards and conditions by checking the ballot.

Each member nominates 1 person for each title; the candidate with the highest number of votes exceeding 50% of the total number of persons convened shall be selected. Where no candidate receives more than 50% of votes, all candidates with 30% or more of votes shall be selected to proceed to the next step. Where no candidate reaches 30%, the process shall not continue and the matter shall be reported to the competent authority for consideration and direction.

Discussion results and proposals shall be recorded in minutes.

Ballot counting results and the list of nominees shall be announced at the meeting.

3. Step 2: Expanded collective leadership meeting

The expanded collective leadership meeting shall perform the following tasks:

a) Discuss the nomination results from step 1;

b) Complete nomination ballots by secret ballot.

Each member nominates 1 person for each title from the list of candidates nominated in step 1; the candidate with the highest number of votes exceeding 50% of the total number of persons convened shall be selected. Where no candidate receives more than 50% of votes, all candidates with 30% or more of votes shall be selected to proceed to the next step. Where no candidate reaches 30%, the process shall not continue to subsequent steps and the matter shall be reported to the competent authority for consideration and direction.

Ballot counting results shall be announced at the meeting.

4. Step 3: Core leadership meeting

The core leadership meeting shall complete nomination ballots by secret ballot on the basis of the list of nominees from step 2.

Nomination and selection principles: Each member nominates 1 person for each title from the list of candidates nominated in step 2; the candidate with the highest number of approval votes exceeding 50% of the total number of persons convened who are present shall be selected. Where no candidate receives more than 50% of votes, the process shall not continue to subsequent steps and the matter shall be reported to the competent authority for consideration and direction. Ballot counting results shall not be announced at the meeting.

5. Step 4: Collective leadership meeting

The collective leadership meeting shall perform the following tasks:

a) Discuss the voting results from step 3.

Basis for discussion: Assessment and evaluation opinions from the competent Party committee; results of verification and conclusions on newly arising issues regarding candidates (if any);

b) Complete appointment ballots by secret ballot.

The candidate with the highest number of votes exceeding 50% of the total number of persons convened shall be selected for nomination and appointment. Where 2 candidates have equal votes at 50%, the head shall consider and select the candidate for submission, simultaneously reporting all differing opinions to the competent authority for consideration and decision. Where the head position is vacant, the matter shall be reported to the competent authority for consideration and decision.

Ballot counting results shall be announced at the meeting.

The head of the agency or organization shall issue the appointment decision within their authority or submit to the competent authority for consideration and decision.

6. The ownership representative agency shall issue regulations on the composition of the collective leadership meeting (steps 1 and 4), expanded collective leadership meeting (step 2) and core leadership meeting (step 3); and on principles for determining the internal and external candidate pool for cases where the unit has component organizations, based on proposals from the Members' Council or Company Chairperson, ensuring consistency with Party regulations and the characteristics of the agency, organization or unit.

1. For candidates proposed for reassignment and appointment from the external candidate pool outside the enterprise by the competent authority, the competent authority shall direct the following steps:

Step 1: Exchange opinions with the enterprise's leadership collective on the proposed appointment.

Step 2: Exchange and obtain opinions (in writing) from the leadership collective of the agency, organization or unit where the candidate is currently working on the policy of reassignment and appointment; obtain assessments and evaluations from the locality, agency or unit and the candidate's personnel records as prescribed.

Meet with the candidate to discuss operational requirements.

Step 3: Conduct personnel assessment and report to the competent authority for consideration and decision.

2. For candidates from the external candidate pool proposed for reassignment and appointment by the Members' Council or Company Chairperson, the personnel management advisory body shall carry out the steps prescribed in clause 1 of this Article and report to the competent authority for consideration and decision.

1. For candidates from the internal candidate pool:

a) The enterprise's leadership collective shall discuss and propose appointment needs, submitting the proposal to the ownership representative agency;

b) The ownership representative agency shall submit to the Prime Minister for approval of the policy, number, candidate pool and proposed work assignment for candidates proposed for appointment, and simultaneously send to the Ministry of Home Affairs for assessment;

c) The Ministry of Home Affairs shall conduct assessment and submit to the Prime Minister for consideration and decision on the appointment policy;

d) Within at most 30 working days from the date of the Prime Minister's written agreement on the appointment policy, the Members' Council or Company Chairperson must complete the process prescribed in Article 12 of this Decree. Representatives of the ownership representative agency and the assessment authority shall attend the steps of the appointment process;

dd) The ownership representative agency shall submit to the Prime Minister and simultaneously send the submission and appointment records to the Ministry of Home Affairs for assessment;

e) The Ministry of Home Affairs shall assess the standards, conditions and process, and report to the Prime Minister for consideration and decision on appointment in accordance with the decentralization of personnel management authority.

2. For candidates from the external candidate pool:

a) The ownership representative agency shall submit to the Prime Minister for approval of the reassignment and appointment policy, and simultaneously send to the Ministry of Home Affairs for assessment;

b) The Ministry of Home Affairs shall conduct assessment and submit to the Prime Minister for consideration and decision on the reassignment and appointment policy;

c) Within at most 30 working days from the date of the Prime Minister's written agreement on the reassignment and appointment policy, the ownership representative agency shall take charge of the personnel appointment process as prescribed; where difficult and complex issues arise, a report shall be submitted to the Prime Minister;

d) The ownership representative agency shall submit to the Prime Minister and simultaneously send the submission and appointment records to the Ministry of Home Affairs for assessment;

dd) The Ministry of Home Affairs shall conduct assessment and report to the Prime Minister for consideration and decision on appointment in accordance with the decentralization of personnel management authority.

1. In cases of merger, consolidation, division, reorganization or conversion of enterprise type:

a) Where the current position or title is equivalent to or lower than the proposed position or title, the ownership representative agency shall decide or submit to the competent authority for decision on the conversion of positions and titles to those at the new enterprise without the need to carry out the process, procedures and records prescribed in this Decree. The term in office shall be calculated from the date of the appointment decision for the previous position.

Where the current position or title of the SOE manager is lower than the proposed position or title, the appointment shall be carried out in accordance with the appointment process for candidates from the external candidate pool;

b) With respect to the controller title, the ownership representative agency shall consider converting to the new appropriate title.

2. The ownership representative agency shall directly take charge of the appointment process in the following cases:

a) Appointment of SOE managers at a newly established enterprise;

b) Cases where, at the time of carrying out the appointment process, the enterprise's internal leadership is disunited and multiple persons are subject to disciplinary action;

c) Cases where, due to natural disasters, accidents or other force majeure, the enterprise no longer has any leadership or management personnel.

3. Where an enterprise has not yet filled the positions of Chairperson of the Members' Council, Company Chairperson, General Director or Director, the competent appointing authority shall consider and decide on the assignment of acting authority as Chairperson of the Members' Council, Company Chairperson, General Director or Director to a deputy of the leadership or management position or to a member of the Members' Council until an appointment decision for the above positions is issued; the period of acting authority assignment shall not exceed 12 months from the date the assignment of acting authority decision takes effect and shall not be counted toward the term in office if the person is subsequently appointed. The person assigned acting authority shall exercise the full rights and obligations of the assigned position or title.

1. Written submission, meeting minutes, summary of ballot counting results and ballot counting minutes at each step.

2. Personal curriculum vitae as prescribed, completed by the individual, with a 4x6 cm color photograph attached, confirmed and sealed by the direct personnel management authority.

3. Performance evaluation and assessment for the 3 most recent years by the leadership collective of the agency or unit in accordance with the decentralization of personnel management, covering:

a) Political qualities, ethics, lifestyle, organizational discipline and internal cohesion;

b) Professional capacity and results in fulfilling assigned duties and responsibilities, clearly stating specific outputs, achievements, limitations, shortcomings and violations during the course of work (if any);

c) Prestige and development prospects.

4. Performance evaluation and assessment by the primary Party cell or Party committee at the workplace.

5. Comments from the Party committee at the place of residence regarding the individual and their family.

6. Self-assessment and evaluation of 3 most recent years of work.

7. Conclusions on political standards by the competent authority as prescribed.

8. Asset and income declaration as prescribed.

9. Copies of diplomas and certificates (confirmed by the authority competent to manage the records or by the competent authority) as required by the standards of the position or title being appointed. Where diplomas are issued by foreign educational institutions or domestic educational institutions in partnership with foreign institutions, recognition shall be carried out as prescribed by law.

10. Health certificate issued by a competent medical facility.

Where components of the appointment records prescribed in this Article have been approved by the competent authority and exist in the national database, they may be used in place of the corresponding paper documents.

Components of records prescribed in clauses 1, 2, 3, 4, 5, 6, 8 and 10 (including photographs) of this Article shall not be more than 6 months old at the time of consideration.

Where personnel planning, appointment, reappointment, nomination for election or other personnel management activities are carried out at different times within 6 months from the date of first submission of records, and are decided by the same competent authority, the records from the first submission may be used for subsequent personnel management processes, except where new matters have arisen or additional record components are required as prescribed.

Where reappointment or extension of the term in office is being carried out, the components prescribed in clauses 7 and 9 of this Article shall not be required where no new matters have arisen.

1. Upon expiry of the appointment term as prescribed, the competent authority must consider and decide on the reappointment or non-reappointment of the SOE manager.

At least 90 working days before the appointment term expires, the competent authority must issue a notice for the person being considered for reappointment to prepare reappointment records as prescribed. Where the reappointment process prescribed in clause 3 of this Article has not yet been carried out, or where the reappointment process has been initiated but not completed due to objective reasons, the competent appointing authority must issue a written notice to inform the enterprise and the individual.

2. SOE managers whose appointment term has expired and who have at least 24 months of remaining service until retirement age in the case of a 5-year term in office, or at least 18 months of remaining service in the case of a 3-year term in office, must undergo the reappointment consideration process; if reappointed, the appointment term shall be calculated until the statutory retirement age.

3. Cases where the reappointment consideration process has not yet been carried out:

a) Falling within one of the cases prescribed in clause 9 Article 10 of this Decree;

b) Information has been exchanged by a competent authority regarding individual responsibility in cases, incidents or conclusions that the competent authority has investigated, inspected or examined but no official conclusion has yet been issued, or a request has been made by the competent authority to consider and handle individual responsibility but no official conclusion has yet been issued;

c) Currently undergoing inpatient treatment for 3 months or more at a medical facility, or currently on maternity leave;

d) Falling within a case where reappointment has not yet been considered as prescribed by the competent authority.

4. The reappointment decision or the decision on extension of the term in office must be issued at least 1 working day before the appointment term expires.

Where an SOE manager's appointment term has expired and no reappointment decision or extension of term in office decision has been issued, the person may not exercise the duties, responsibilities and authority of the current position. The exercise of such duties, responsibilities and authority shall be considered and decided by the competent appointing authority.

5. Where an SOE manager's appointment term has expired and the person is currently serving a disciplinary decision but does not fall within the category requiring consideration for removal from office or resignation as prescribed by Party regulations and law, the competent appointing authority shall, based on operational requirements and standards and conditions, consider and decide on reappointment or extension of the term in office for the leadership or management position or title.

1. The SOE manager has fulfilled their duties during the term in office and continues to meet the title standards and operational requirements for the coming period.

2. The enterprise has a need.

3. In good health to fulfill the assigned duties.

4. Not falling within a case where reappointment has not yet been considered as prescribed in clause 3 Article 17 of this Decree. Where the enterprise is currently under inspection or examination, the competent authority shall exchange opinions with the inspecting or examining authority regarding the candidate proposed for reappointment before deciding.

5. Where an SOE manager is not reappointed, the competent authority shall consider and decide on an alternative work arrangement; the person shall not be assigned an equivalent or higher position.

1. The SOE manager shall prepare a self-assessment and evaluation of the fulfillment of duties and responsibilities during the term in office and submit it to the competent appointing authority and simultaneously to the personnel management advisory body within 15 days from the date of receipt of the notice from the competent authority.

2. Within at most 30 days from the date of receipt of the self-assessment and evaluation report of the person being considered for reappointment, the competent authority shall carry out the following procedures:

a) Convene a key personnel meeting to obtain opinions on reappointment: Carry out the process and procedures prescribed in clause 4 Article 12 of this Decree.

b) The direct supervisory authority shall provide assessment, evaluation and reappointment proposals.

c) The enterprise's leadership collective shall discuss and decide.

The candidate proposed for reappointment must receive more than 50% of votes based on the total number of persons present at the key personnel meeting and more than 50% of votes based on the total number of persons convened at the collective leadership meeting; where the candidate receives exactly 50%, the head shall consider and decide; where the candidate receives less than 50%, the matter shall be reported to the competent authority for consideration and decision.

d) Obtain written opinions from the competent authority.

dd) Based on the ballot results and the results of obtaining opinions (if any), the competent authority shall consider and decide on reappointment.

1. The SOE manager shall prepare a self-assessment and evaluation of the fulfillment of duties and responsibilities during the term in office and submit it to the competent appointing authority and simultaneously to the personnel management advisory body within 15 days from the date of receipt of the notice from the competent authority.

2. Within at most 45 days from the date of receipt of the self-assessment and evaluation report of the person being considered for reappointment, the competent authority shall carry out the following procedures:

a) The enterprise's leadership collective shall discuss and consider; if the SOE manager remains in good health, has good standing and meets operational requirements, a vote shall be taken by secret ballot.

The candidate proposed for extension of the term in office must receive more than 50% approval from the total membership of the enterprise's leadership collective; where the candidate receives exactly 50%, the head shall consider and decide; where the candidate receives less than 50%, the matter shall be reported to the competent authority for consideration and decision.

b) Obtain written opinions from the competent authority.

c) Based on the ballot results and the results of obtaining opinions (if any), the competent authority shall consider and decide on the extension of the term in office.

Records for reappointment and extension of the term in office shall be in accordance with the provisions of Article 16 of this Decree; the provisions of clauses 3 and 6 Article 16 of this Decree shall be carried out within the term in office.

1. The maximum term of appointment as a state capital representative shall be 5 years but shall not exceed the term of the member of the Members' Council or Board of Directors. Where a state capital representative is nominated by the ownership representative agency for election or appointment to a management title mid-term, the term as state capital representative shall be the remaining period of that term as prescribed in the Charter.

2. Where a state capital representative is appointed as state capital representative at another enterprise, the term as state capital representative shall be calculated from the date the appointment decision as state capital representative at the new enterprise takes effect.

3. Where the management title changes due to a change in the enterprise's name, the term as state capital representative shall be calculated from the date the appointment decision as state capital representative under the previous title takes effect.

1. General standards as prescribed by the Party and the law, and specific standards as prescribed by the Charter and the regulations of the competent authority, shall be met.

2. Personnel records and personal curriculum vitae must be verified, and asset and income declarations must be complete as prescribed.

3. Be able to serve the full term of the member of the Members' Council or Board of Directors before reaching the statutory retirement age (age calculated on a monthly basis).

4. In good health to fulfill the assigned duties.

5. Not falling within any of the cases prescribed in clause 9 Article 10 of this Decree.  Where the agency, organization or enterprise is currently under inspection or examination, the competent authority shall exchange opinions with the inspecting or examining authority regarding the candidate before appointing them as state capital representative.

1. Based on the value of state capital, the scale of the enterprise and a comparison with the conditions and standards for state capital representatives, the personnel management advisory body shall propose the policy, number, structure and candidate pool, and specific candidates for appointment as state capital representatives, comprising the following information: full name; date, month and year of birth; hometown; Party membership date (if a Party member); professional qualifications; political theory qualifications (if any); management title; and the agency or unit where the person is currently working.

2. The ownership representative agency shall carry out the following tasks:

a) Meet with the candidate proposed for appointment as state capital representative; the proposed candidate shall commit to complying with the policies, resolutions and directions of the ownership representative agency and to fulfilling the roles, responsibilities and obligations of a state capital representative if appointed;

b) Exchange and obtain assessments and evaluations from the leadership collective at the candidate's current workplace regarding the policy of appointing the state capital representative; and verify the candidate's personal curriculum vitae.

3. Obtain written opinions from the competent authority.

4. The ownership representative agency shall consider and conclude on any arising issues (if any), discuss and decide on the appointment of the state capital representative.

Records for appointment and reappointment of state capital representatives shall be in accordance with the corresponding provisions of Articles 16 and 21 of this Decree.

1. A state capital representative may be reappointed if the following conditions are met:

a) Assessed as having fulfilled duties during the term of service as state capital representative;

b) Meeting the conditions for appointment as state capital representative prescribed in clauses 1, 2, 4 and 5 Article 23 of this Decree.

2. Where a state capital representative is unable to serve the full term of the member of the Members' Council or Board of Directors before reaching the statutory retirement age, the term of reappointment as state capital representative shall be calculated until the statutory retirement age.

1. At least 90 days before the appointment term expires, the state capital representative shall prepare a self-assessment and evaluation report on the fulfillment of duties and responsibilities during the term of service as state capital representative and submit it to the ownership representative agency.

2. The ownership representative agency shall obtain written opinions from the Party committee of the same level regarding the candidate proposed for reappointment as state capital representative.

3. The ownership representative agency shall consider and conclude on any arising issues (if any), discuss and decide on the reappointment of the state capital representative.

Where a state capital representative is not reappointed, the ownership representative agency shall be responsible for cooperating with the enterprise to arrange an alternative work assignment or resolve entitlements and policies as prescribed by law.

1. Responsibilities for performance evaluation and classification

On an annual basis, the competent authority shall be responsible for assigning and specifically determining phase-based and annual objectives, indicators and duties with respect to SOE managers, controllers and state capital representatives as the basis for performance evaluation and classification.

The competent authority carrying out performance evaluation and classification shall bear full legal responsibility for its decisions.

2. Classification levels

SOE managers, state capital representatives and controllers shall be subject to annual performance evaluation and classification at 4 levels: excellent performance, good performance, satisfactory performance and unsatisfactory performance.

The competent evaluating authority shall base its classification decisions on the evaluation criteria prescribed in clause 3 Article 29 of this Decree and the enterprise's performance evaluation and classification results (if any) to consider and decide on the classification level within its authority with respect to SOE managers.

3. Time of evaluation

The evaluation of SOE managers and controllers shall be carried out annually after the ownership representative agency announces the enterprise's classification results as prescribed by law; the evaluation of state capital representatives shall be carried out after the enterprise's annual financial statements are published.

Where the enterprise's annual financial statements after audit differ from the financial statements used as the basis for performance evaluation and classification and affect the evaluation results, the competent authority shall adjust the performance evaluation and classification results.

For SOE managers and state capital representatives who are Party members, Party member performance evaluation and classification shall be conducted first, followed by management performance evaluation and classification.

1. The basis and scope of evaluation of SOE managers shall be in accordance with the law on state capital management and investment in enterprises and the regulations of the ownership representative agency.

2. For controllers and state capital representatives at enterprises, the basis and scope of evaluation shall be in accordance with the law on state capital management and investment in enterprises and the regulations of the ownership representative agency.

3. The evaluation criteria for classification at the levels prescribed in clause 2 Article 28 of this Decree shall be in accordance with Party regulations, the law on enterprises, the law on state capital management and investment in enterprises and the regulations of the ownership representative agency, comprising the following principal aspects:

a) General criteria on: political ideology; ethics, lifestyle and organizational discipline; leadership and management capacity, ability to meet the requirements of assigned duties, work attitude, spirit of innovation and creativity, willingness to think boldly, act boldly and take responsibility for the common good; level of prestige, standing and ability to foster unity; self-criticism and criticism; self-correction and rectification of limitations and shortcomings;

b) Criteria on results of fulfilling assigned duties and responsibilities, which must clearly state the objectives to be achieved by phase and by year for the enterprise, comprising: degree of fulfillment of the production and business plan (revenue, profit, dividends, preservation and development of state capital); budget contribution results, payment capacity, loss status, loss of state capital; international standard management capacity; capacity for restructuring and equitization on schedule; risk management capacity; enterprise performance evaluation and classification results.

Where the enterprise is classified at level B due to objective conditions, the competent evaluating authority shall consider and decide on an appropriate classification level for the enterprise manager.

1. For SOE managers:

a) The SOE manager shall prepare a self-assessment and evaluation in accordance with the evaluation scope and criteria and self-assign a classification level;

b) The Members' Council shall meet to provide assessment and evaluation of the SOE manager. The performance evaluation and classification meeting shall be recorded in minutes, clearly stating the attendees and opinions expressed;

c) Obtain written opinions on the performance evaluation and classification from the Party committee of the same level;

d) Based on the opinions of the Party committee of the same level, the Members' Council or Company Chairperson shall consider and decide on the classification level within their authority or report to the competent authority for consideration and decision.

2. For state capital representatives and controllers:

a) The state capital representative or controller shall prepare a self-assessment and evaluation in accordance with the evaluation scope and criteria and self-assign a classification level and submit it to the ownership representative agency;

b) The ownership representative agency shall obtain assessment and evaluation opinions from the Members' Council or Company Chairperson regarding the state capital representative (if necessary);

c) Based on the performance evaluation and classification criteria and the duties assigned in accordance with the annual plan, the ownership representative agency shall decide on the classification level for the state capital representative and controller.

3. Performance evaluation and classification results shall be stored in personnel records and notified to the individual being evaluated and classified.

SOE managers and state capital representatives with achievements or a record of contributions shall be commended in accordance with the law on emulation and commendation.

1. Principles

a) Objectivity, fairness, openness, strictness, accuracy, timeliness, proper authority, process and procedures shall be maintained;

b) Each violation shall be handled once with one form of disciplinary action. Where, at the same time of considering disciplinary action, the person subject to disciplinary consideration has 2 or more violations, each violation shall be considered and concluded separately and a single decision shall be issued using the highest applicable form of disciplinary action;

c) Where an SOE manager, state capital representative or controller is subject to Party disciplinary action, within 30 days from the date of announcement of the Party disciplinary decision, the competent authority shall issue a corresponding disciplinary decision.

Where the highest form of Party disciplinary action is related to the fulfillment of duties and responsibilities, the personnel management advisory body shall report to the competent disciplinary authority for consideration and decision on the highest form of disciplinary action; where it is not related to the fulfillment of duties and responsibilities, the competent disciplinary authority shall reach consensus with the competent Party disciplinary authority before deciding on the application of a disciplinary form one level below compulsory termination of employment.

Where the form of Party disciplinary action changes, the corresponding form of disciplinary action must be changed accordingly. Time already served under the previous disciplinary decision shall be deducted from the time to be served under the new disciplinary decision (if any remaining). Where the competent Party authority decides to annul the Party disciplinary decision, the competent disciplinary authority must issue a decision annulling the disciplinary decision.

Disciplinary decisions shall be effective for 12 months from the date of taking effect; for cases subject to disciplinary action in the form of reprimand, warning or removal from position, the consideration for personnel planning, appointment, nomination for election to higher positions and personnel arrangements shall be in accordance with the regulations of the competent authority.

Where a Party disciplinary decision has already been issued, the disciplinary decision shall take effect from the date the Party disciplinary decision takes effect, except for cases subject to disciplinary action in the form of compulsory termination of employment. During this period, if no further violations subject to disciplinary action occur, the disciplinary decision shall automatically cease to be effective without the need for a written notice of cessation of effect.

2. Forms of disciplinary action

a) Reprimand;

b) Warning;

c) Removal from position with respect to SOE managers and controllers; dismissal from representative position with respect to state capital representatives at enterprises;

d) Compulsory termination of employment.

3. Disciplinary action process and procedures and application of relevant legal provisions on disciplinary action.

Where a Party disciplinary decision has already been issued, the competent authority shall issue a corresponding disciplinary decision without the need to carry out the process and procedures, except as prescribed in point c clause 1 of this Article.

Where no Party disciplinary decision has yet been issued, the competent disciplinary authority shall direct the personnel management advisory body to, based on the law on enterprises, the law on labor, the regulations of the ownership representative agency (if any) and the enterprise's operating regulations, carry out disciplinary action against the person in violation.

1. Relief from a managerial position, resignation and removal from office with respect to SOE managers and state capital representatives shall be considered promptly when there are sufficient grounds.

Relief from a managerial position or acceptance of resignation shall not be carried out in cases requiring removal from office.

2. Voluntary relief from a managerial position or resignation shall be encouraged where the person fails to meet operational requirements, no longer has sufficient standing, or has committed violations not yet reaching the level requiring removal from office.

3. Where, after relief from a managerial position, resignation or removal from office, the person wishes to terminate employment or retire, entitlements and policies shall be resolved in accordance with the law.

1. Acceptance of resignation with respect to SOE managers and state capital representatives shall be considered in the following cases:

a) The person personally recognizes limitations in leadership and management capacity or no longer has sufficient standing to fulfill assigned duties and responsibilities;

b) More than 50% of votes of low confidence are cast at a confidence vote as prescribed;

c) For other legitimate personal reasons;

d) As the head, allowing the enterprise under direct management or directly subordinate units to engage in serious corruption, waste or negativity but not yet reaching the level requiring consideration for disciplinary action as prescribed;

dd) 2 non-consecutive years rated as unsatisfactory performance within the term in office;

e) Committing acts in violation of political qualities, ethics or lifestyle that cause public concern, adversely affecting the standing of the individual and the enterprise;

g) Allowing close family members (spouse, children) to violate state law; fall into social vices causing public concern and adversely affecting the standing of the individual and the enterprise;

h) Allowing others to exploit the individual's position and authority for personal gain causing serious consequences and public concern, adversely affecting the standing of the individual and the agency (except where it can be proven that the individual was unaware);

i) Failing to act, failing to take responsibility, shirking and avoiding responsibility, failing to carry out work within the authority of their assigned functions and duties, causing profoundly serious consequences, negative public opinion and concern among cadres, Party members and the public.

In addition to the cases prescribed in this clause, the competent authority may decide on relief from a managerial position with respect to state capital representatives based on actual work requirements and within its authority.

2. Cases where resignation is not permitted:

a) Currently handling duties critically important to national defense, national security or classified matters, where the assigned duties have not been completed and continued service is required, and where resignation would seriously affect the duties assigned to the unit;

b) Currently under inspection, examination, audit or investigation by competent functional authorities;

c) Cases prescribed in points dd, e, g, h and i clause 1 Article 35 of this Decree.

3. Process for considering and accepting relief from a managerial position:

a) The person who is resigning shall submit a resignation letter to the competent authority;

b) Within 10 working days from the date of receipt of the resignation letter, the personnel management advisory body shall exchange opinions with the person submitting the resignation and report to the competent authority for consideration and decision;

c) The competent authority shall consider and decide on relief from the managerial position within 10 working days from the date of receipt of the proposal from the personnel management advisory body; where necessary due to objective reasons, this may be extended by no more than 15 working days.

4. Until the resignation has been approved by the competent authority, the SOE manager or state capital representative who has submitted a resignation letter must continue to fulfill the assigned duties, responsibilities and authority.

5. Where an SOE manager has resigned and has less than 5 years of remaining service, the competent authority shall consider arranging appropriate professional and technical duties; where the remaining service is 5 years or more, the competent authority shall consider arranging a position one level lower than the previously held position, or an appropriate position where a position one level lower is not available due to a full complement. After at least 24 months of service in the new position or role, if violations, shortcomings, limitations and weaknesses (if any) have been rectified, the person has been assessed as completing duties well or above and meets the standards and conditions, the competent authority may consider personnel planning, appointment and nomination for a position equivalent to the position held at the time of resignation as prescribed.

1. Cases subject to consideration for removal from office:

a) Subject to warning disciplinary action and assessed by the competent authority as having limited capacity and reduced standing, unable to continue fulfilling the assigned position;

b) Subject to reprimand disciplinary action related to assigned duties and responsibilities 2 or more times within the same appointment term;

c) More than 2/3 of votes of low confidence are cast at a confidence vote as prescribed;

d) 2 consecutive years of performance classification at the unsatisfactory performance level related to the fulfillment of assigned duties and responsibilities;

dd) Concluded by the competent authority as having deteriorated in political ideology, ethics or lifestyle, engaging in "self-evolution" or "self-transformation"; violating what Party members are prohibited from doing; violating role model responsibilities, causing public concern and adversely affecting the standing of the individual and the agency or unit where currently working;

e) Concluded by the competent authority as having violated political standards as prescribed in the Party's regulations on protection of internal politics to a degree requiring removal from office;

g) Allowing the enterprise under management or directly subordinate units to engage in corruption, waste or negativity causing profoundly serious consequences as concluded by the competent authority but not yet reaching the level requiring consideration for disciplinary action as prescribed;

h) As the head, allowing the enterprise under direct management to experience serious conflict and disunity as concluded by the competent authority;

i) At the recommendation of the competent authority;

k) Falling within one of the cases prescribed in clause 1 Article 34 of this Decree but not voluntarily resigning;

l) Other cases as prescribed by law, the regulations of the ownership representative agency or the Charter.

2. For cases prescribed in points a, b, c and d of clause 1 of this Article, where a resignation letter has been submitted, the competent authority shall consider and decide within its authority.

3. Removal from office process:

a) Where there are sufficient grounds for removal from office of an SOE manager or state capital representative as prescribed in clause 1 of this Article, within at most 10 working days, the Chairperson of the Members' Council, Company Chairperson or the personnel management advisory body shall be responsible for exchanging opinions with the SOE manager and proposing the competent authority for consideration and decision; for state capital representatives, the personnel management advisory body of the competent appointing authority shall carry out this task;

b) The competent authority shall consider and decide on removal from office within 10 working days from the date of receipt of the proposal; where necessary due to objective reasons, this may be extended by no more than 15 working days.

4. After removal from office, the competent authority shall consider arranging professional duties (no leadership or management duties); after at least 36 months of service in the new position, if violations and shortcomings have been rectified, the person has been assessed as completing duties well or above and meets the standards and conditions, the competent authority may consider personnel planning and appointment.

For cases prescribed in clause 2 of this Article, the competent authority shall consider arranging a position one level lower than the previously held position, or an appropriate position (where a position one level lower is not available due to a full complement); after at least 24 months of service in the new position or role, if violations, shortcomings, limitations and weaknesses have been rectified, the person has been assessed as completing duties well or above and meets the standards and conditions, the competent authority may consider personnel planning and appointment to a position equivalent to the position held at the time of removal from office as prescribed.

5. SOE managers falling within cases prescribed in points dd, e, g, h and i of clause 1 of this Article shall be arranged by the competent authority in appropriate professional duties consistent with the enterprise's operational requirements, on the principle of not assigning leadership or management duties; after at least 36 months of service in the new position or role, if violations and shortcomings have been rectified, the person has been assessed as completing duties well or above and meets the standards and conditions, the competent authority may consider personnel planning and appointment.

Where removal from office is due to classification at the unsatisfactory performance level for 2 consecutive years, the competent agency or organization shall terminate employment as prescribed by law.

6. Where an SOE manager or state capital representative, after removal from office, wishes to stop working or retire, entitlements and policies shall be resolved in accordance with the law on labor.

1. The authority for suspension from duties with respect to SOE managers, state capital representatives and controllers shall be in accordance with the provisions of Articles 5, 6 and 7 of this Decree.

2. The competent authority may decide on suspension from duties where any of the following grounds exist:

a) Committing acts in violation of ethics or lifestyle that have a negative impact, cause public concern and adversely affect the standing of the organization or individual;

b) Deliberately stalling, shirking and avoiding responsibility, failing to carry out work within the authority of their assigned functions and duties;

c) Committing acts of harassment, negativity or causing difficulties for the public, enterprises, agencies or organizations in the course of performing duties;

d) Currently subject to consideration for disciplinary action and deliberately stalling or evading compliance with requirements of the competent authority in the process of considering and handling violations, or exploiting the person's own position, authority or influence or that of others to interfere with or hinder the consideration and handling process;

dd) Subject to Party disciplinary action in the form of warning or removal from position and currently awaiting consideration and handling of the currently held position where continued service would have a negative impact on the operations of the Party committee, Party organization or enterprise;

e) A decision to institute criminal proceedings has been issued to serve the investigation;

g) There are grounds to determine that disciplinary action from warning or above or criminal prosecution is required, and the inspection, examination, audit, investigation, prosecution, trial or judgment enforcement authority has issued a written request for suspension from duties.

3. Duration of suspension from duties:

a) The duration of suspension from duties shall not exceed 30 working days; where an extension is required, the extension of suspension from duties shall be a maximum of 30 working days;

b) The duration of suspension from duties in cases prescribed in points e and g of clause 2 of this Article shall be in accordance with the written request of the competent authority;

c) A suspension from duties decision shall automatically cease to be effective upon expiry of the suspension period.

4. Suspension from duties procedures:

a) Upon determining that one of the grounds for suspension from duties exists, within at most 2 working days, the personnel management advisory body shall be responsible for advising the competent authority to issue a suspension from duties decision;

b) Within at most 1 working day from the date of receipt of the proposal, the competent authority shall issue a suspension from duties decision;

c) Within 3 working days from the date of having sufficient grounds to annul the suspension from duties decision, the competent authority shall issue a decision annulling the suspension from duties decision;

d) The suspension from duties decision and the decision annulling the suspension from duties decision shall be sent to the person subject to suspension from duties; announced within the employing agency or unit; and sent to relevant agencies and units.

5. Other provisions relating to suspension from duties:

a) A person subject to suspension from duties shall automatically have their position suspended; when the suspension from duties decision ceases to be effective, they shall resume their duties and responsibilities as prescribed;

b) A person subject to suspension from duties has the right to request the head to reconsider the suspension from duties decision if there are grounds to determine that the suspension from duties is not in accordance with the regulations; they shall have their lawful rights and interests reinstated when concluded by the competent authority as having committed no violations, not subject to disciplinary action or criminal prosecution;

c) Entitlements and policies for persons subject to suspension from duties shall be the same as at the time prior to the suspension from duties.

SOE managers, state capital representatives and controllers shall terminate employment or retire in accordance with the law on labor, the law on social insurance and unemployment insurance, the law on enterprises and the enterprise's regulations.

Where an SOE manager or state capital representative had a period of service with compulsory social insurance contributions prior to working at the enterprise and has not yet received a lump-sum allowance, the enterprise shall, based on its regulations and collective labor agreement, decide on the payment of severance allowance for that period.

1. The hiring of General Directors and Executive Directors shall be carried out in accordance with the hiring plan approved by the competent appointing authority.

2. The hiring of General Directors and Executive Directors shall not apply to state-owned enterprises operating in the fields of national defense and national security.

3. Priority shall be given to the pilot program for hiring General Directors and Executive Directors in the fields of science, technology, innovation and other fields where the internal candidate pool does not yet meet requirements.

4. Contracted executives must be persons with experience, outstanding achievements and standing in the enterprise's field of operations; they are not required to meet all standards and conditions of the position or title and are not required to undergo the appointment process as prescribed.

1. The Members' Council or Company Chairperson shall be responsible for developing a hiring plan for General Directors and Directors and submitting it to the competent authority for approval before proceeding. Within 30 days, the competent authority must consider and decide on approving the hiring plan. Where the hiring plan is not approved, a notice must be issued clearly stating the reasons.

2. The hiring plan must comprise the following components: political and legal grounds; needs, objectives and requirements; personnel capacity; method of implementation; funding sources for payment; projected effectiveness of hiring personnel; rights and responsibilities of contracted executives and of the Members' Council or Company Chairperson; organizational responsibilities; recommendations and proposals to the competent authority; and other components (if any).

1. Contracted executives must be Vietnamese citizens meeting the standards and conditions for the position or title as prescribed by the Law on Enterprises; must substantially meet the standards and conditions for the position or title as prescribed in this Decree, but are not required to meet the standards and conditions prescribed in clauses 1, 2, 3, 5 and 7 Article 10 of this Decree. The Members' Council or Company Chairperson shall bear responsibility for the professional capacity and ethical qualities of contracted executives.

Where a contracted executive holds a nationality that includes a foreign nationality, national defense and security regulations, state secret protection regulations and the regulations of the competent authority must be complied with.

2. Executive service contracts for the hiring of General Directors and Directors shall be in accordance with the law on labor, civil law and other relevant legal provisions, and must clearly specify the responsibilities of each party for the preservation and promotion of state capital invested in the enterprise; the rights and obligations of the General Director or Director in personnel selection and enterprise management and administration; and other components as prescribed.

3. Hiring procedures shall be in accordance with the decision of the Members' Council or Company Chairperson.

4. The Members' Council or Company Chairperson shall be responsible for regularly monitoring and evaluating the performance of contracted executives; promptly supporting the resolution of difficulties and obstacles; and facilitating the fulfillment of duties and responsibilities by contracted executives.

1. The Members' Council or Company Chairperson shall have the right to:

a) Decide on the selection of contracted executives and sign executive service contracts;

b) Decide on the salary, bonus and other entitlements and policies for contracted executives;

c) Require contracted executives to fulfill responsibilities fully and properly as agreed;

d) Decide on termination of executive service contracts by agreement or unilaterally terminate executive service contracts where contracted executives fail to meet requirements, fail to fulfill duties or for other reasons.

2. Responsibilities of the Members' Council or Company Chairperson:

a) Bear responsibility for the quality of contracted executives;

b) Bear responsibility for the preservation and development of state capital invested in the enterprise;

c) Agree on the rights and obligations of contracted executives in deciding on personnel under their management authority and in enterprise management and administration;

d) Regularly monitor and evaluate the performance of contracted executives; promptly resolve difficulties and obstacles upon proposal.

1. This Decree comes into force from the date of signing.

2. Decree No. 159/2020/ND-CP dated December 31, 2020 of the Government on management of holders of managerial titles and positions and state capital representatives at enterprises and Decree No. 69/2023/ND-CP dated July 14, 2023 of the Government on amendments to Decree No. 159/2020/ND-CP dated December 31, 2020 of the Government on management of holders of managerial titles and positions and state capital representatives at enterprises shall cease to be in force from the date this Decree takes effect.

3. Where the competent authority issues documents on personnel management with content differing from the provisions of this Decree, the new provisions of the competent authority shall apply.

The competent authority establishing and managing extra-budgetary state financial funds and other organizations as prescribed by law that are not state administrative agencies or public sector entities shall decide on the application of personnel management provisions of this Decree with respect to fund managers and organization managers.

1. The Minister of National Defense and the Minister of Public Security shall, based on the provisions of this Decree, regulations on personnel management in the People's Army and People's Public Security forces and relevant legal provisions, prescribe the management and utilization of holders of managerial titles and positions and state capital representatives at state-owned enterprises under the Ministry of National Defense and the Ministry of Public Security.

2. The Members' Council and Company Chairperson of enterprises of which the State holds 100% of charter capital shall, based on Party regulations and the provisions of this Decree, issue Management Regulations with respect to holders of managerial titles and positions not falling within the regulated entities prescribed in clause 3 Article 2 of this Decree at their enterprise, and with respect to holders of managerial titles and positions and state capital representatives at member enterprises.

3. Where personnel planning has been carried out or processes are being carried out with respect to the matters prescribed in point a clause 1 Article 3 of this Decree prior to the effective date of this Decree, the provisions applicable at the time of implementation shall continue to apply.

4. Ministers, heads of ministerial agencies, Presidents of People's Committees of provinces and centrally-affiliated cities, and other relevant agencies, organizations and individuals shall implement this Decree./.

 

 

LIST OF STATE-OWNED CORPORATIONS/GROUPS AND GENERAL COMPANIES
(Attached to Decree No. 181/2026/ND-CP dated May 21, 2026 of the Government)

1. Vietnam National Industry - Energy Group (Petrovietnam).

2. Vietnam Electricity (EVN).

3. Vietnam Posts and Telecommunications Group (VNPT).

4. Vietnam National Coal and Mineral Industries Holding Corporation Limited (Vinacomin).

5. Military Industry and Telecoms Group (Viettel Group).

6. Vietnam National Chemical Group (Vinachem).

7. Vietnam Railways Corporation (VNR).

8. State Capital Investment Corporation (SCIC).

9. Other enterprises operating in key and essential sectors of the economy as decided by the Prime Minister.