Standards and Conditions for Directors and General Directors

Standards and Conditions for Directors and General Directors

1. Must not fall within the categories specified in Clause 2, Article 17 of the Law on Enterprises. Specifically:

• Officials and public employees under the Law on Cadres and Civil Servants and the Law on Public Employees;

• Officers, non-commissioned officers, professional soldiers, defense workers, and public employees in agencies or units of the Vietnam People’s Army; officers, non-commissioned professional officers, and police workers in agencies or units of the People’s Public Security, except for those appointed as authorized representatives to manage the State’s capital contribution in enterprises or manage state-owned enterprises;

• Leaders and managers in state-owned enterprises as prescribed at Point a, Clause 1, Article 88 of this Law, except for those appointed as authorized representatives to manage the State’s capital contribution in other enterprises;

• Minors; persons with limited legal capacity; persons who have lost legal capacity; persons with cognitive or behavioral difficulties;

• Persons currently subject to criminal prosecution, temporary detention, serving prison sentences, undergoing administrative measures at compulsory rehabilitation centers or compulsory education institutions, or banned by court from holding positions, practicing professions, or doing certain jobs; other cases as prescribed by the Law on Bankruptcy and the Law on Anti-Corruption.

2. Where required by the business registration authority, the applicant for enterprise establishment must submit a Judicial Record Certificate to the business registration authority.

3. Must possess professional qualifications and experience in business administration or in the company’s field, industry, or line of business.

4. Must not be a family relative of the head or deputy head of the agency representing the owner’s capital; members of the Members’ Council, the company’s President; Deputy General Director, Deputy Director, and Chief Accountant of the company; or the company’s Controller.

5. Must not have been dismissed from the position of Chairman of the Members’ Council, member of the Members’ Council, Company President, Director or General Director, Deputy Director or Deputy General Director at the company or at another state-owned enterprise.

6. Must not concurrently serve as the Director or General Director of another enterprise.

7. Must satisfy other standards and conditions as prescribed in the company’s Charter.

Legal basis: Articles 101 and 17 of the Law on Enterprises 2020.