Question1:

A, B, C, D and E establish Limited Company X specializing in tourism with a charter capital

of 220 million VND, A contributes 50 million VND, B contributes 70 million VND, C
contributes 20 million VND, D contributes 65 million VND, E contributes 15 million VND.
Realizing that Company X’s finance is not clear and transparent, C requires to inspect,
examine related books and documents but Aand B object to this requirement and argue that C
has no right to do it. Assuming that the company's charter does not contain provisions
on this issue. Does C have that right? Why?
 According to Clause 8b, Article50, Law on Enterprises 2014 :” Except for the case in
Clause 9 of this Article, any member or group of members that owns at least 10% of
the charter capital (or a smaller amount prescribed by the company’s charter) shall
have the additional rights below: b) Inspect, examine books and monitors transactions,
accounting books, and annual financial statements”
 C is not allowed to request an inspection because C has only 9% of the charter capital.
Question 2:
Limited Company K conducts a meeting of the Board of Members. At the meeting,the
members representing 60% of the total stake of attending members vote and ratify the
resolution on the sale of asset value at 40% of the total asset value according to the latest
financial statement. Supposing that the company charter does not provide a ratio different
from which in the Enterprise Law 2014. Is the ratified resolution of the Board of members
legitimate? Explain why?
According to Clause 3b Article 60 , Law on Enterprises 2014: ‘Unless otherwise prescribed
by the company’s charter, the Resolution of the Board of members shall be ratified at the
meeting in the following cases:
b) In case of a decision to sell assets of which the value is ≥ 50% of total asset value
according to the latest financial statement (or a smaller ratio prescribed by the company’s
charter; in case of amendments to the company’s charter; in case of restructuring or
dissolution of the company, the resolution must receives a number of votes that represents at
least 75% of total stakes of attending members’
=> The resolutions of the Members' Council are not legal, because the property value is equal
to 40% of the total property value,
Question 3:
M is designated to be the Director of Limited liability company Y. M promulgates the
company’s rules and regulations and hires employees. Is that action legal or not? Why?
 According to clause 2d, Article 64, Law on Enterprises 2014:’ The Director/General
Director has the following rights and obligations: d) Promulgate the company’s rules
and regulations, unless otherwise prescribed by the company’s charter’
 That action of M is legal because M is the director so M has the right to issue the
company's internal rules and regulations.
Question 4:
Board of members of the Single-member limited liability shall decide the wages,salaries, and
other benefits of the Chaiperson of Board of members and Controllers. Do you agree with this
statement? Explain the reason of your choice.
 I disagree with this statement.
 According to clause 2 of Article 84, Law on Enterprises 2014 ,only the owner can
decide on the salary, salary, and other benefits of the Members of the Board of
Members and Controllers.
Question 5:
The charter of Single-member limited liability under the ownership of an individual An Bình
prescribes as follows: The company’s owner concurrently hold the position of the company’s
President, Director is the company’s legal representative and is hired by the company’s
President. Are those provisions legitimate? Why?
 These terms are provisions legitimate.
 Provisions on Clauses 1 and 2 of Article 85, Law on Enterprises 2014 :’Organizational
structure of single-member limited liability company under the ownership of an
individual:
1. A single-member limited liability company under the ownership of an individual
shall has a the company's President and a Director/General Director.
2. The company's President may hire a Director/General Director or concurrently hold
such position’