Does the Board of Directors Have the Authority to Dismiss a Resigning Board Member?

View Post in Vietnamese: >> Hội đồng quản trị có được miễn nhiệm thành viên Hội đồng quản trị từ chức?

The Board of Directors of our JSC has 5 members. If 1 member resigns, 4 members remain. In this case, can the Board of Directors issue a decision on dismissal?

Based on the provisions at Clause 1, Article 160 of the 2020 Law on Enterprises:

The General Meeting of Shareholders shall dismiss a member of the Board of Directors in the following cases:

- The member fails to meet the standards and conditions as prescribed in Article 155 of this Law;

- The member submits a resignation letter and it is approved;

- Other cases as specified in the company's Charter.

Thus, according to this provision, in the case where a member of the Board of Directors submits a resignation letter, the General Meeting of Shareholders shall consider approval and make the decision to dismiss this person, rather than the Board of Directors dismissing them.

Therefore, in the event that a member of your company's Board of Directors resigns, the dismissal shall be carried out by the General Meeting of Shareholders.

Sincerely!

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Individuals with tax debts from 50 million VND or more in Vietnam are temporarily suspended from exit

What are defective products, goods in Vietnam? Who are liable to compensate damages caused by defective products, goods in Vietnam?

In which cases are imported goods exempt from value added tax in Vietnam?

Form 04-DK-TCT - Taxpayer registration declaration under Circular 86 in Vietnam and Instructions

What are differences between 10-digit and 13-digit tax identification numbers in Vietnam? Which entities are eligible for those tax identification numbers in Vietnam?

Guidelines on checking tax identification numbers of business households in Vietnam in 2025

Guidelines on checking personal tax identification numbers in Vietnam in 2025

When does the tax authority in Vietnam publicly disclose taxpayer registration information on the electronic information portal?

Guidelines for supplementation of the tax declaration dossier in 2025 in Vietnam

What are details of the Form 01/NDAN - Proposal for gradual payment of tax debt in Vietnam in accordance with Circular 80?

- This translation is generated by OpenAI's GPT-4o model;

- Lawnet's response to our user's question is provided above. If you need further information, please send an email to [email protected];

- This article is for reference only;

- The regulations referred to in this article might have been annulled by the time you read it;

- For inquiries about the copyright of this article, please send an email to [email protected];

Địa chỉ:	19 Nguyễn Gia Thiều, P. Võ Thị Sáu, Q.3, TP. Hồ Chí Minh
Điện thoại:	(028) 3930 3279 (06 lines)
E-mail:	[email protected]