1. How to understand state-owned enterprises?

According to Clause 11, Article 4 Enterprise Law 2020, regulations on state-owned enterprises, we are aware of the importance of the role that the State plays in the management and ownership of enterprises. State-owned enterprises, as defined by the Law, are enterprises in which the State holds more than 50% of the charter capital and at the same time owns the total number of shares with voting rights as prescribed in Article 88 of the Enterprise Law.

The issue of management and ownership of state-owned enterprises is of great significance in ensuring the stability and sustainable development of the national economy. The above regulations help to more clearly define the objects and scope of state-owned enterprises, and create a legal basis for effectively managing their operations.

The fact that the State holds over 50% of the charter capital of state-owned enterprises increases the subjectivity and management of the State in the process of operating the enterprise. This means that the State will have great rights and responsibilities in deciding on business strategies and important decisions of enterprises.

In addition, ownership of the total number of voting shares is also an important factor determining the power and decisions in important decisions of state-owned enterprises. This voting right not only represents management but also shapes the strategy and development of the enterprise.

Up to now, the Enterprise Law 2020 has created a system of clear regulations on state-owned enterprises, helping to increase transparency and accountability in business management. This also helps create a fair and healthy business environment, contributing to the stable development of the country's economy.

However, it is also necessary to pay attention to the challenges and problems that state-owned enterprises may face, such as lack of flexibility in decisions due to intervention from the State. Therefore, optimizing management and supervision mechanisms is important to ensure the efficiency and sustainability of state-owned enterprises according to the provisions of the Enterprise Law 2020.

2. Can I be the legal representative of another company while being a director of a state-owned enterprise?

Up to now, the management and operation of state-owned enterprises has become an important part of the country's economic development picture. The Enterprise Law 2020 has set out many specific regulations to ensure fairness, transparency and efficiency in enterprise management, including a particularly important provision on the role of Directors of State-owned Enterprises.

According to Clause 5, Article 101 of the Enterprise Law 2020, it is clearly stipulated that Directors and General Directors of State-owned Enterprises cannot hold similar positions at other enterprises. This is an important measure to ensure centralization of management subjects and decisions of the heads of state-owned enterprises, helping to enhance efficiency and transparency in the management process.

This is important in avoiding conflicts of interest and ensuring subject concentration in deciding on business strategies of state-owned enterprises. If a Director of a state-owned enterprise is allowed to concurrently hold the position of Director or General Director at another enterprise, inconsistent motivation may arise, affecting important decisions of both enterprises and creating risk of conflict of interest.

Therefore, this regulation is not only a legal measure but also an important step in building a strict, flexible and effective state enterprise management system. It helps maintain the authority and responsibility of directors of state-owned enterprises, while ensuring that strategic and management decisions are made consistently and proactively.

However, during implementation, it should be noted that not allowing Directors of state-owned enterprises to hold concurrent positions in other enterprises also poses challenges in developing their management skills and experience. Therefore, support and training measures are needed to ensure that the management force of state-owned enterprises can always meet the increasingly complex challenges of the modern business environment.

Overview, the provisions in Clause 5, Article 101 of the Enterprise Law 2020 are not only an important measure to ensure transparency and fairness but also a foundation for building a strong state enterprise management system. Strong and flexible, contributing positively to the sustainable development of the national economy.

3. Legal regulations on the powers of directors of state-owned enterprises

According to Clause 2, Article 100 of the Enterprise Law 2020, which clearly stipulates the powers of the Director of state-owned enterprises, opening up a complex and multi-dimensional landscape of the roles and responsibilities of the head of the enterprise in managing the enterprise. management and administration. These powers not only help increase management flexibility but also ensure transparency and proactiveness in strategic business decisions.

- First of all, the Director of a state-owned enterprise is responsible for organizing the implementation and evaluating the results of implementing the company's plans, business plans and investment plans. This means they must clearly grasp the business situation, identify risks and opportunities, and thereby make appropriate strategic decisions. This right not only sets management tasks but also enhances responsibility and initiative in developing the company's long-term strategic plan.

- Powers of the State Director in organizing the implementation and evaluating the results of implementing resolutions and decisions of the Board of Members, the Chairman of the company and the agency representing the company owner. This creates an open and transparent management environment, where directors of state-owned enterprises must continuously dialogue with regulatory agencies, ensuring that all decisions are made according to the correct process and according to the law. Active interaction with other decision-making bodies.

- The power to decide on the company's daily affairs, posing another challenge for Directors of state-owned enterprises. Day-to-day management requires sharpness, agility and flexibility to face rapidly changing situations. At the same time, this right is also an opportunity to demonstrate their leadership and management abilities in a dynamic business environment.

- The right to promulgate internal management regulations of the company that have been approved by the Board of Members or the President of the company. This right not only ensures flexibility and autonomy in management but also creates opportunities for state-owned enterprises to apply internal regulations suitable to their specific characteristics and business environment.

- Directors of state-owned enterprises have the authority to appoint, hire, dismiss, dismiss, and terminate labor contracts with company managers. This is an opportunity for them to build a quality human resources team, while ensuring that only the most important human resource decisions will be made under their leadership.

- The Director's right to sign contracts and transactions on behalf of the company, except in cases falling under the authority of the Chairman of the Board of Members or the Company President. This is not only a management issue but also requires the ability to negotiate, manage risks and make strategic decisions consistent with the company's business goals. It has not stopped here,

- Responsibilities of the Director of a state-owned enterprise in preparing and submitting to the Board of Members or the Chairman of the company quarterly and annual reports on the results of implementing business plan objectives and financial reports. This requires professionalism and dedication in organizing information, evaluating business performance and providing suggestions and solutions to improve company performance.

- In addition, there are many other aspects of the powers of Directors of state-owned enterprises that the 2020 Enterprise Law stipulates, including participating in the process of building business strategies and deciding on issues. as large as stock issuance, mergers and termination of company operations. All of these powers reflect the importance and weight of the role of the Director of state-owned enterprises in shaping and promoting the development of enterprises in a sustainable and effective direction.

- Powers of the Director of state-owned enterprises in recommending the allocation and use of after-tax profits as well as other financial obligations of the company. This places an important responsibility on the Director to ensure that profits are used effectively, not only to optimize benefits for shareholders but also to ensure the sustainability and development of the company. business for a long time.

- Recruitment powers of directors of state-owned enterprises. This is not only related to building a quality human resources team but also to the management and development of human resources, which is a key factor determining the success and sustainability of the business.

- Powers of the Director of a state-owned enterprise when proposing a plan to reorganize the company. This can include adjusting organizational structures, work processes, or even restructuring the entire business to meet new business goals and market needs.

- Finally, other rights and obligations according to the provisions of law and the company's Charter. This is mainly to ensure that the Director exercises his powers and responsibilities fully and complies with legal regulations and internal regulations of the enterprise.

Overall, the powers specified in Clause 2, Article 100 of the 2020 Enterprise Law are not only an opportunity but also a challenge for Directors of state-owned enterprises. Thereby, they can demonstrate and maximize their leadership abilities, creativity and effective management, actively contributing to the stable development of businesses and the national economy.