On September 14, 2023, the Government issued Decree No. 69/2023/ND-CP ("Decree 69"), amending and supplementing certain provisions of Decree No. 159/2020/ND-CP dated December 31, 2020 ("Decree 159") regarding the management of individuals holding positions, titles, and representatives of state capital in enterprises. Accordingly, Decree 69 has added more conditions to the appointment, exemption, and resignation of business managers, controllers, and state capital representatives to enhance the responsibilities of these entities.
Some key points in Decree 69 are as follows:
1. Extending the effectiveness and shortening the disciplinary processing period
a. Extending the disciplinary processing period:
- For less serious violations resulting in a reprimand: Increase from 02 to 05 years.
- For other violations: Increase from 05 to 10 years.
b. Shortening the disciplinary processing period by changing the calculation of the disciplinary processing period start time:
Decree 159 stipulates that the disciplinary processing period for state enterprise managers, controllers, and state capital representatives for their violations is calculated from the time of notification of the assessment meeting until the competent authority's disciplinary decision. Under the new regulation, the disciplinary processing period will be calculated from the time the violation is detected or when the competent authority concludes the violation by these subjects. This sets a requirement to expedite the review and implementation of disciplinary actions, avoiding delays and ensuring deterrence for the violating individuals.
2. Adding criteria for appointing state enterprise managers
In addition, Decree 69 adds additional appointment criteria for state enterprise managers compared to Decree 159, as follows:
- Having a minimum tenure in the current or equivalent position of 02 years (24 months), which can be cumulative if not continuous (cumulative only for equivalent position tenure).
- Managers who are disciplined during their tenure will not be appointed, nominated, or recommended for higher positions within the specified period by the competent authority.
Furthermore, regarding personnel planning as one of the appointment conditions, Decree 69 requires that personnel planned for the next phase must have a minimum working tenure of 02 terms or more, at least completing the next appointment term (while Decree 159 only requires that the planned personnel have the minimum age (in months) for at least 1 term of work). Additionally, when reviewing and supplementing annual planning for the current phase, personnel included in the planning must have a working tenure of at least 72 months.
3. Adding various cases for considering exemption for business managers, controllers, and state capital representatives
According to Decree 69, the consideration of exemption is taken into account in the following cases:
- Being disciplined with a warning or reprimand determined by the competent authority as having limited capacity and diminished credibility.
- Being disciplined with a reprimand twice or more within the same appointment term.
- Having less than 2/3 of votes of confidence in the voting term as per the Party's regulations.
- Being rated as not accomplishing tasks for two consecutive years.
- Being concluded by the competent authority as having ideological, ethical, and lifestyle deviations; violating prohibitions for Party members; violating the responsibility to set an example, adversely affecting their own and the organization's reputation where they are employed.
- Being concluded by the competent authority as violating political criteria according to the Party's internal political protection regulations to the extent requiring exemption.
- Business managers, and state capital representatives, who are heads of units or directly responsible for the lower-level units, where serious corruption and negative activities occur.
Decree 69 is effective from September 14, 2023.
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