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中文May a person without a university degree serve as a member of the Members’ Council of a state-owned enterprise?
The standards and conditions for members of the Members’ Council of a state-owned enterprise are prescribed in Article 93 of the Law on Enterprises 2020 as follows:
Standards and conditions for members of the Members’ Council
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1. Not falling into the cases prescribed in Clause 2, Article 17 of this Law.
2. Having professional qualifications and experience in business administration or in the fields, sectors, or trades of the enterprise’s operations.
3. Not being a family member of the head or deputy head of the owner’s representative agency; a member of the Members’ Council; the Director, Deputy Director or General Director, Deputy General Director, or Chief Accountant of the company; or a Controller of the company.
4. Not being a manager of a member enterprise.
5. Except for the Chairperson of the Members’ Council, other members of the Members’ Council may concurrently serve as Director or General Director of that company or of another company that is not a member enterprise, as decided by the owner’s representative agency.
6. Never having been dismissed as Chairperson of the Members’ Council, member of the Members’ Council, company President, Director, Deputy Director, General Director, or Deputy General Director of a state-owned enterprise.
7. Other standards and conditions prescribed in the company charter.
Therefore, under the above regulations, there is no provision stating that a person without a university degree may not become a member of the Members’ Council of a state-owned enterprise; the qualification requirement is professional qualifications and experience in business administration or in the fields, sectors, or trades of the enterprise’s operations. Please refer to the above regulations for more details.
What are the rights and obligations of members of the Members’ Council of a state-owned enterprise?
The rights and obligations of members of the Members’ Council of a state-owned enterprise are prescribed in Article 96 of the Law on Enterprises 2020 as follows:
Rights and obligations of members of the Members’ Council
1. Attending meetings of the Members’ Council, discussing, proposing, and voting on matters within the competence of the Members’ Council.
2. Inspecting, reviewing, looking up, copying, and excerpting the record books and monitoring of contracts, transactions, accounting books, financial statements, minutes of meetings of the Members’ Council, and other documents and papers of the company.
3. Other rights and obligations as prescribed by the company charter, this Law, and other relevant laws.
Accordingly, members of the Members’ Council of a state-owned enterprise have the following rights and obligations:
– Attending meetings of the Members’ Council, discussing, proposing, and voting on matters within the competence of the Members’ Council.
– Inspecting, reviewing, looking up, copying, and excerpting the record books and monitoring of contracts, transactions, accounting books, financial statements, minutes of meetings of the Members’ Council, and other documents and papers of the company.
– Other rights and obligations as prescribed by the company charter, this Law, and other relevant laws.
How long is the term of a member of the Members’ Council of a state-owned enterprise?
The term of a member of the Members’ Council of a state-owned enterprise is prescribed in Clause 3, Article 91 of the Law on Enterprises 2020 as follows:
Members’ Council
1. The Members’ Council, in the name of the company, exercises the rights and obligations of the company as prescribed by this Law and other relevant laws.
2. The Members’ Council consists of the Chairperson and other members, not exceeding 07 persons. Members of the Members’ Council are appointed, dismissed, removed from office, commended, and disciplined by the owner’s representative agency.
3. The term of the Chairperson and other members of the Members’ Council is no more than 05 years. Members of the Members’ Council may be reappointed. An individual may be appointed as a member of the Members’ Council for no more than 02 terms at a company, except where they have worked continuously at that company for over 15 years before the first appointment.
Accordingly, the term of a member of the Members’ Council of a state-owned enterprise is no more than 05 years.
Note:
Members of the Members’ Council may be reappointed. An individual may be appointed as a member of the Members’ Council for no more than 02 terms at a company, except where they have worked continuously at that company for over 15 years before the first appointment.
What are the rights and obligations of the Members’ Council of a state-owned enterprise?
Article 92 of the Law on Enterprises 2020 specifically provides on the rights and obligations of the Members’ Council of a state-owned enterprise as follows:
– The Members’ Council, in the name of the company, exercises the rights and obligations of the owner, shareholders, and members with respect to companies owned by the company or in which the company owns shares or contributed capital.
– The Members’ Council has the following rights and obligations:
+ Deciding contents as prescribed in the Law on Management and Use of State Capital Invested in Production and Business at Enterprises;
+ Deciding the establishment, reorganization, and dissolution of branches, representative offices, and dependent accounting units;
+ Deciding annual production and business plans, market development policies, marketing, and technology of the company;
+ Organizing internal audit activities and deciding the establishment of the company’s internal audit unit;
+ Other rights and obligations as prescribed by the company charter, the Law on Enterprises 2020 (amended and supplemented by Law No. 76/2025/QH15, effective from 01/7/2025), and other relevant laws.
Notes on Applying Current Legal Regulations
This article belongs to the Corporate & M&A Knowledge series and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing dossiers or carrying out transactions.
Legal regulations may change over time, by locality, dossier type, and specific circumstances. If you need to determine the exact legal basis applicable to your dossier, please contact an ANT Legal lawyer at 0966.475.966 for verification and advice before proceeding.
Common Risks to Watch Out For
- Applying legal instruments that have been amended, supplemented, or replaced.
- Preparing incomplete dossiers, documents, or evidence.
- Misunderstanding the conditions, procedures, time limits, or competent authority.
- Signing, filing, or carrying out transactions without fully assessing legal risks.
How Can ANT Legal Help?
ANT Legal helps review your specific situation, check dossiers, determine the applicable legal basis, advise on handling plans, and represent clients in dealings with individuals, organizations, or competent authorities when necessary.
For quick advice, please contact our lawyers at 0966.475.966.
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