Can the Chairman of the Board of Members Concurrently Hold the Position of Deputy Director?

My company is a Two-Member Limited Liability Company with one member being a Vietnamese enterprise and the other member being a Chinese enterprise. According to the Charter, the Chairman of the Board of Members is Chinese, the General Director is Vietnamese, and the First Deputy General Director is Chinese. However, currently, there is no one holding the position of First Deputy General Director who is Chinese. According to legal regulations, is the Chinese Chairman of the Board of Members permitted to concurrently hold the position of First Deputy General Director who is Chinese? Given that the company Charter does not provide regulations regarding this concurrent role.

Article 57 of the Enterprise Law 2014 stipulates:

The Board of Members shall elect a member as the Chairman. The Chairman of the Board of Members may concurrently hold the position of Director or General Director of the company.

...

The standards and conditions for holding the position of Director or General Director are stipulated in Article 65 of this Law.

Thus, it can be seen that the Enterprise Law 2014 does not prohibit the Chairman of the Board of Members from concurrently holding the position of Deputy General Director, and the Law also does not stipulate the standards and conditions for the Deputy General Director position.

Therefore, it can be understood that the standards for the Deputy General Director will be determined by the company's charter.

In principle, citizens are allowed to do anything that is not prohibited by law. Therefore, in this case, even though the Enterprise Law 2014 and the company's charter do not specifically stipulate whether the Chairman of the Board of Members can concurrently hold the position of Deputy General Director, it is still feasible in practice.

Sincerely!

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