In a state-owned enterprise, an individual can be appointed as a member of the Board of Members for no more than 02 terms?

In a state-owned enterprise, an individual can be appointed as a member of the Board of Members for no more than 02 terms?

The number of terms of a member of the Board of Members of a state-owned enterprise is specified in Article 91 of the Law on Enterprises 2020 as follows:

Membership Council

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, dismissed, dismissed, rewarded and disciplined by the owner’s representative agency.

3. 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, unless he has worked for more than 15 years continuously at that company before being appointed for the first time.

According to the above regulations, in a state-owned enterprise, an individual can be appointed as a member of the Board of Members for no more than 02 terms, except in cases where he has worked continuously for more than 15 years at that company before being appointed for the first time.

Can a member of the Board of Members of a state-owned enterprise concurrently hold the title of Director of the enterprise?

Can a member of the Board of Members of a state-owned enterprise concurrently hold the title of Director of the enterprise, according to the provisions of Article 93 of the Law on Enterprises 2020 as follows:

Standards and conditions of members of the Board of Directors of the enterprise 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.

Accordingly, a member of the Board of Members of a state-owned enterprise can concurrently hold the title of Director of the enterprise according to the decision of the owner’s representative agency (except the Chairman of the Board of Members).

If convicted by the Court, a member of the Board of Members of a state-owned enterprise will be dismissed?

In case a member of the Board of Members of a state-owned enterprise is dismissed, it is stipulated in Clause 2, Article 94 of the 2020 Law on Enterprises as follows:

Removal and dismissal of a member of the Board of Directors 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 prescribed 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 quit retired;

d) Not capable or qualified to undertake the 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 explaining the cause without approval from the owner’s representative agency;

b) Convicted by the Court and the Court’s judgment or decision has taken 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.

Thus, if a member of the Board of Members of a state-owned enterprise is convicted by the Court and the Court’s judgment or decision has taken legal effect, this member will be dismissed.