VI Representatives of state capital in enterprises are considered for resignation in 9 cases according to Decree 181/2026/ND-CP. Let’s explore more with Pham Consult!
Under what circumstances can a representative of state capital in an enterprise be considered for resignation?
Based on Clause 1, Article 34 of Decree 181/2026/ND-CP, which stipulates 9 cases in which a representative of state capital in an enterprise may be considered for resignation, these include the following cases:
(1) Due to the individual’s perceived limitations in leadership and management capacity or lack of credibility to fulfill assigned responsibilities and duties;
(2) Receiving more than 50% of low confidence votes in the prescribed voting period;
(3) For other legitimate personal reasons;
(4) Being the head of an enterprise under their direct management or supervision, or under the direct supervision of subordinates, where serious corruption, waste, or negative practices occur but not to the extent requiring disciplinary action;
(5) Having been rated as failing to complete assigned tasks for two non-consecutive years during their term of office;
(6) Having committed acts of political, moral, and lifestyle misconduct that cause public outrage and negatively affect the reputation of oneself and the enterprise;
(7) Allowing relatives (spouse, children) to violate the laws of the State; falling into social vices, causing public outrage, and negatively affecting the reputation of oneself and the enterprise;
(8) Allowing others to exploit one’s position and authority for personal gain, causing serious consequences, public outrage, and negatively affecting the reputation of oneself and the agency (except in cases where it can be proven that one was unaware);
(9) Not daring to act, not daring to take responsibility, shirking responsibility, not performing work within one’s authority according to assigned functions and duties, causing very serious consequences, negative public opinion, and outrage among cadres, party members, and the people.
In addition to the 9 cases mentioned above, based on the actual work and within their authority, the competent authority decides on the termination of the position of the representative of state capital in the enterprise.
What is the process for considering and approving the termination of the position of the representative of state capital in the enterprise?
According to Clause 3, Article 34 of Decree 181/2026/ND-CP, the process for considering and approving the termination of the position of the representative of state capital in the enterprise is as follows:
(1) The person resigning submits a resignation letter to the competent authority;
(2) Within 10 working days from the date of receiving the resignation letter, the personnel advisory agency discusses with the person who submitted the resignation letter and reports to the competent authority for consideration and decision;
(3) The competent authority shall consider and decide on the termination of the position within 10 working days from the date of receiving the proposal from the personnel advisory agency; if necessary due to objective reasons, it may be extended for no more than 15 working days.
Note that when the resignation letter has not been approved by the competent authority, the representative of state capital who submitted the resignation letter must still continue to perform the assigned duties, tasks, and powers as prescribed in Clause 4, Article 34 of Decree 181/2026/ND-CP.
What are the principles for disciplinary action against the representative of state capital in enterprises?
Based on Clause 1, Article 32 of Decree 181/2026/ND-CP, the principles for disciplinary action against the representative of state capital in enterprises include:
(1) Ensuring objectivity, fairness; transparency, strictness; accuracy, timeliness; correct authority, order, and procedures; (2) Each violation shall be handled only once with one form of disciplinary action. At the same time of disciplinary review, if the person under disciplinary review has two or more violations, each violation shall be reviewed and concluded upon, and a general decision shall be made with the highest form of disciplinary action corresponding to the violation;
(3) In the case of a state-owned enterprise manager, a representative of state capital in an enterprise, or a supervisor being subjected to disciplinary action by the Party, within 30 days from the date of announcement of the Party disciplinary decision, the competent authority shall issue a corresponding disciplinary decision.
– In the case of being subjected to the highest form of Party disciplinary action related to the performance of duties and responsibilities, the personnel advisory body shall report to the competent authority for consideration and decision on disciplinary action with the highest form of disciplinary action; In cases unrelated to the performance of duties or responsibilities, the competent authority for disciplinary action shall consult with the competent authority for Party disciplinary action before deciding to apply a disciplinary measure one level lower than the disciplinary measure of dismissal.
– If there is a change in the form of disciplinary action within the Party, the disciplinary action must be changed accordingly. The time already served under the old disciplinary decision will be deducted from the time served under the new disciplinary decision (if any remaining). If the competent Party authority decides to revoke the disciplinary decision, the authority that imposed the disciplinary action must issue a decision to annul the disciplinary decision.
– The disciplinary decision is valid for 12 months from the date of its effective date; for cases of disciplinary action in the form of reprimand, warning, or dismissal, the planning, appointment, candidacy for higher positions, and personnel placement will be governed by the regulations of the competent authority.
– If a disciplinary decision within the Party has already been issued, the effectiveness of the disciplinary decision is calculated from the date the disciplinary decision takes effect, except in cases of disciplinary action in the form of forced termination of employment. During this period, if there are no further violations of the law that warrant disciplinary action, the disciplinary decision automatically ceases to be effective without the need for a written document stating the termination.
