Rights and obligations of the operator Control Board legal or not?

Question: I am a member Control Board (BKS) of unlisted public company X for the term 2007-2010. To date, I have yet to run out his term. All of 2009, I was invited to a meeting of the company's EXECUTIVE COMMITTEE. I never was involved in meeting the BKS BKS reports let out to the ĐHĐCĐ 2010 on 9/4. I know, the report only BKS was built by Chief EXECUTIVE COMMITTEE (1 member left also is not involved). Please ask, the operation of the BKS have such rules or not? The report mentioned above have value or not? What should I do to make true powers, obligations and responsibilities of 1 member?

Rights and obligations of the operator Control Board legal or not?

Answer: the rights and duties of the EXECUTIVE COMMITTEE are stipulated in article 123 business law, under which the EXECUTIVE COMMITTEE acts as a "ban" not to work on the status of each Member. Further item 2 Article 121 business law has stipulated: "the rights and duties of the Secretary of the Board of control by the Charter company rules." Therefore, to determine: (i) the operation of the BKS and (ii) the value of the report of the EXECUTIVE COMMITTEE every year just because the head of the ĐHĐCĐ and 2010 BKS as above, you need to check out more of the terms of the Charter company. If the Charter company had the right to EXECUTIVE COMMITTEE Chief rules through the report, then the operation and reporting of the BKS have to comply with that provision. In case the Charter company without rules, the annual report of the BKS have to do the same through the EXECUTIVE COMMITTEE. In that case, the report only by the Minister and the EXECUTIVE COMMITTEE ĐHĐCĐ is not appropriate under the provisions of the law, should have no legal value.

According to paragraph 1 Article 123 business law, BKS are responsible to ĐHĐCĐ while performing other tasks, so when the report on the findings reflect the information, you need to inform ĐHĐCĐ about the work on. Read more : Vietnamese Law A Legal Partner

One of the rights and duties of the EXECUTIVE COMMITTEE are specified in article 123 business law is appraised and the financial statements, the report on the situation of the company's annual business report and reviews of Board of management ("The report") to the ĐHĐCĐ at the annual meeting. These reports must be submitted to the EXECUTIVE COMMITTEE to appraise the latest 30 days before the opening of the annual meeting of the ĐHĐCĐ if the Charter company does not have other rules. Within the time limit on, if you are a member that does not receive the report on, then have the right to request to provide reports on so you can make the task of appraisal reports of BKS as law.

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