If the Chairman of the Board of Directors is arrested, who runs the company?

Pursuant to regulations Clause 4 Article 156 of the Law on Enterprises 2020 Regulations on the Chairman of the Board of Directors are as follows:

Chairman of the Board of Directors
….
4. In case the Chairman of the Board of Directors is absent or unable to perform his duties, he must authorize in writing another member to exercise the rights and obligations of the Chairman of the Board of Directors according to the principles stipulated in the company’s Charter. In case there is no authorized person or the Chairman of the Board of Directors dies, is missing, is detained, is serving a prison sentence, is serving administrative measures at a mandatory drug treatment facility, compulsory education facility, escapes from the place of residence, has limited or lost civil act capacity, has difficulty in cognition, controlling behavior, is banned by the Court from holding certain positions, practicing certain professions or doing certain jobs, the remaining members shall elect one person from among the members. hold the position of Chairman of the Board of Directors according to the principle of majority approval of the remaining members until there is a new decision of the Board of Directors.
…..

According to regulations, if the Chairman of the Board of Directors is absent or unable to perform his duties, he must authorize in writing another member to exercise the rights and obligations of the Chairman of the Board of Directors according to the principles stipulated in the company’s Charter.

However, in case the chairman is detained, the remaining members elect one person from among them to hold the position of Chairman of the Board of Directors.

Therefore, if the Chairman of the Board of Directors is detained, the remaining members of the Board of Directors will elect one person from among the members to hold the position of Chairman of the Board of Directors and the elected person will replace the detained chairman to run the company.

What rights and obligations does the Chairman of the Board of Directors have?

Pursuant to regulations Clause 3, Article 156 of the Law on Enterprises 2020 Regulations on the Chairman of the Board of Directors are as follows:

Chairman of the Board of Directors
….
3. The Chairman of the Board of Directors has the following rights and obligations:
a) Prepare programs and plans for activities of the Board of Directors;
b) Prepare programs, contents, and documents for meetings; convene, chair and chair meetings of the Board of Directors;
c) Organize the adoption of resolutions and decisions of the Board of Directors;
d) Supervise the process of organizing the implementation of resolutions and decisions of the Board of Directors;
dd) Chair the meeting of the General Meeting of Shareholders Dong;
e) Other rights and obligations according to the provisions of this Law and the company’s Charter.
….

Thus, according to regulations, the Chairman of the Board of Directors has the following rights and obligations:

– Prepare programs and operational plans of the Board of Directors;

– Prepare agenda, content, and documents for meetings; convene, chair and chair meetings of the Board of Directors;

– Organize the adoption of resolutions and decisions of the Board of Directors;

– Supervise the process of organizing and implementing resolutions and decisions of the Board of Directors;

– Chair the General Meeting of Shareholders;

– Other rights and obligations according to the provisions of the Law on Enterprises 2020 and the company Charter.

How are the terms and number of members of the Board of Directors regulated?

Pursuant to Article 154 of the Law on Enterprises 2020, regulations on the term and number of members of the Board of Directors are as follows:

Term of office and number of members of the Board of Directors
1. The Board of Directors has from 3 to 11 members. The company charter specifies the number of members of the Board of Directors.
2. The term of a member of the Board of Directors shall not exceed 05 years and may be re-elected for an unlimited number of terms. An individual can only be elected as an independent member of the Board of Directors of a company for no more than 02 consecutive terms.
3. In case all members of the Board of Directors end their terms at the same time, those members will continue to be members of the Board of Directors until a new member is elected to replace them and take over the work, unless otherwise stipulated in the company charter.
4. The company charter specifies the number, rights, obligations, organization and coordination of activities of independent members of the Board of Directors.

Accordingly, the term and number of members of the Board of Directors are prescribed as follows:

– The Board of Directors has from 03 to 11 members. The company charter specifies the number of members of the Board of Directors.

– The term of a member of the Board of Directors shall not exceed 05 years and may be re-elected for an unlimited number of terms. An individual can only be elected as an independent member of the Board of Directors of a company for no more than 02 consecutive terms.

– In case all members of the Board of Directors end their terms at the same time, those members will continue to be members of the Board of Directors until a new member is elected to replace them and take over the work, unless otherwise stipulated in the company charter.

– The company charter specifies the number, rights, obligations, organization and coordination of activities of independent members of the Board of Directors.

Pursuant to regulations Clause 4 Article 156 Law on Enterprises 2020 Regulations on the Chairman of the Board of Directors are as follows:

Chairman of the Board of Directors
….
4. In case the Chairman of the Board of Directors is absent or unable to perform his duties, he must authorize in writing another member to exercise the rights and obligations of the Chairman of the Board of Directors according to the principles stipulated in the company’s Charter. In case there is no authorized person or the Chairman of the Board of Directors dies, is missing, is detained, is serving a prison sentence, is serving administrative measures at a mandatory drug treatment facility, compulsory education facility, escapes from the place of residence, has limited or lost civil act capacity, has difficulty in cognition, controlling behavior, is banned by the Court from holding certain positions, practicing certain professions or doing certain jobs, the remaining members shall elect one person from among the members. hold the position of Chairman of the Board of Directors according to the principle of majority approval of the remaining members until there is a new decision of the Board of Directors.
…..

According to regulations, if the Chairman of the Board of Directors is absent or unable to perform his duties, he must authorize in writing another member to exercise the rights and obligations of the Chairman of the Board of Directors according to the principles stipulated in the company’s Charter.

However, in case the chairman is detained, the remaining members elect one person from among them to hold the position of Chairman of the Board of Directors.

Therefore, if Chairman of the Board of Directors If detained, the remaining members of the Board of Directors will elect one person from among the members to hold the position of Chairman of the Board of Directors and the elected person will replace the detained chairman to run the company.

What rights and obligations does the Chairman of the Board of Directors have?

Pursuant to the provisions of Clause 3, Article 156 of the Law on Enterprises 2020, regulations on the Chairman of the Board of Directors are as follows:

Chairman of the Board of Directors
….
3. The Chairman of the Board of Directors has the following rights and obligations:
a) Prepare programs and plans for activities of the Board of Directors;
b) Prepare programs, contents, and documents for meetings; convene, chair and chair meetings of the Board of Directors;
c) Organize the adoption of resolutions and decisions of the Board of Directors;
d) Supervise the process of organizing the implementation of resolutions and decisions of the Board of Directors;
dd) Chair the meeting of the General Meeting of Shareholders Dong;
e) Other rights and obligations according to the provisions of this Law and the company’s Charter.
….

Thus, according to regulations, the Chairman of the Board of Directors has the following rights and obligations:

– Prepare programs and operational plans of the Board of Directors;

– Prepare agenda, content, and documents for meetings; convene, chair and chair meetings of the Board of Directors;

– Organize the adoption of resolutions and decisions of the Board of Directors;

– Supervise the process of organizing and implementing resolutions and decisions of the Board of Directors;

– Chair the General Meeting of Shareholders;

– Other rights and obligations according to the provisions of the Law on Enterprises 2020 and the company Charter.

How are the terms and number of members of the Board of Directors regulated?

Pursuant to regulations Article 154 of the Law on Enterprises 2020 Regulations on the term and number of members of the Board of Directors are as follows:

Term of office and number of members of the Board of Directors
1. The Board of Directors has from 3 to 11 members. The company charter specifies the number of members of the Board of Directors.
2. The term of a member of the Board of Directors shall not exceed 05 years and may be re-elected for an unlimited number of terms. An individual can only be elected as an independent member of the Board of Directors of a company for no more than 02 consecutive terms.
3. In case all members of the Board of Directors end their terms at the same time, those members will continue to be members of the Board of Directors until a new member is elected to replace them and take over the work, unless otherwise stipulated in the company charter.
4. The company charter specifies the number, rights, obligations, organization and coordination of activities of independent members of the Board of Directors.

Accordingly, the term and number of members of the Board of Directors are prescribed as follows:

– The Board of Directors has from 03 to 11 members. The company charter specifies the number of members of the Board of Directors.

– The term of a member of the Board of Directors shall not exceed 05 years and may be re-elected for an unlimited number of terms. An individual can only be elected as an independent member of the Board of Directors of a company for no more than 02 consecutive terms.

– In case all members of the Board of Directors end their terms at the same time, those members will continue to be members of the Board of Directors until a new member is elected to replace them and take over the work, unless otherwise stipulated in the company charter.

– The company charter specifies the number, rights, obligations, organization and coordination of activities of independent members of the Board of Directors.