Can I be a member of the Board of members of state-owned enterprises without a university degree?

Can one be a member of the Board of Members of State-owned Enterprises without a university degree?

Standards and conditions of members of the Board of Members of State-owned Enterprises based on Article 93 of the Law on Enterprises 2020. determined as follows:

Standards and conditions of members of the Board of Members

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 Members’ Council, other members of the Members’ Council 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 as 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.

Therefore, according to the above regulations, there is no regulation mentioning that without a university degree, one cannot become a member of the Board of members of state-owned enterprises, but in terms of qualifications, one must have professional qualifications and experience in business administration or in the field, industry, or occupation of the enterprise. Please refer to the above regulations to better understand the information.

Rights and obligations of members of the Board of Members of State-owned Enterprises?

Members of the Board of Members of State-owned Enterprises have the rights and obligations specified in Article 96 Law on Enterprises 2020 as follows:

Rights and obligations of members of the Board of Members

1. Attend meetings of the Board of Members, discuss, make recommendations, and vote on issues under the authority of the Board of Members.

2. Check, review, look up, copy, extract notebooks and monitor contracts, transactions, accounting books, financial reports, minutes of meetings of the Board of Members, other papers and documents of the company.

3. Other rights and obligations according to the provisions of the company charter, this Law and other relevant laws.

Accordingly, members of the Board of members of state-owned enterprises have the following rights and obligations:

– Attend meetings of the Board of Members, discuss, propose, and vote on issues within the authority of the Board of Members.

– Check, review, look up, copy, extract records and monitor contracts, transactions, accounting books, financial reports, minutes of meetings of the Board of Members, other papers and documents of the company.

– Other rights and obligations according to the provisions of the company charter, this Law and other relevant laws.

What is the term of office of a member of the Board of Members of State-owned Enterprises?

The term of office of a member of the Board of Members of State-owned Enterprises is stipulated in Clause 3, Article 91 of the 2020 Law on Enterprises as follows:

Board of Members

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 or she has worked for more than 15 years continuously at that company before being appointed for the first time.

Accordingly, the term of office of a member of the Board of members of state-owned enterprises is no more than 5 years.

Note:

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, except in cases where he or she has worked for more than 15 years continuously at that company before being appointed for the first time.

Rights and obligations of the Board of members of state-owned enterprises?

Specifically, Article 92 of the Law on Enterprises 2020 stipulates the rights and obligations of the Board of members of state-owned enterprises as follows:

– The Board of Members, on behalf of the company, exercises the rights and obligations of owners, shareholders, and members towards the company in which the company is the owner or owns shares and capital contributions.

– The Board of members has the following rights and obligations:

+ Decide on the contents as prescribed in the Law on Management and Use of State Capital Invested in Production and Business at Enterprises;

+ Decision to establish, reorganize and dissolve branches, representative offices and dependent accounting units;

+ Decide on annual production and business plans, market development policies, marketing and technology of the company;

+ Organize internal audit activities and decide to establish the company’s internal audit unit;

+ Other rights and obligations according to the provisions of the Company Charter, the Law on Enterprises 2020 and other relevant laws.