Phuong Hang is detained, how will Dai Nam handle the leadership chair?
Dai Nam Joint Stock Company was established in 1996 by Mr. Huynh Uy Dung (ie Dung “Lime kiln”) and registered for more than 100 business lines, the main activity being real estate. In 2021, Mrs. Nguyen Phuong Hang (Mr. Dung’s wife “lime kiln”) replaces her husband as CEO. Ms. Hang also holds the position of Vice Chairman of the Board of Directors of Dai Nam Joint Stock Company.
So as the CEO, but now Ms. Hang has been prosecuted and detained for 3 months, according to the law, how will the role of running the business be handled?
Ms. Nguyen Phuong Hang was prosecuted for the crime of “abusing democratic freedoms to infringe upon the interests of the state, the legitimate rights and interests of organizations and individuals”, according to Clause 2, Article 331 of the Penal Code.
Talking to reporters about the above issue, Lawyer Diep Nang Binh (Head of Tinh Thong Luat Law Office, Ho Chi Minh City Bar Association) said that with a joint stock company, the Board of Directors appoints a member of the Board of Directors. member of the Board of Directors or hire another person to act as the Director or General Director.
The Director or General Director is the person who runs the day-to-day business of the company, is subject to supervision and is responsible before the Board of Directors and the law for the exercise of the assigned rights and obligations.
In case Ms. Hang is both the General Director and the legal representative of the enterprise, the company owner, the Board of members, the Board of Directors will appoint another person to act as the legal representative of the company. .
In terms of management, when the legal representative is prosecuted and detained, the management and administration of the enterprise may be assigned to the deputy level or by the Board of Directors to decide a temporary replacement.
According to lawyer Dang Van Cuong (Head of Chinh Phap Law Office, Hanoi Bar Association), with the charge of being prosecuted, Ms. Hang will face the maximum possible penalty of up to 7 years in prison.
Specifically, crimes and penalties are prescribed by the penal code as follows.
According to Article 331 of the 2017 Penal Code, the crime of abusing democratic freedoms to infringe upon the interests of the State and the legitimate rights and interests of organizations and individuals is as follows:
1. Those who abuse the rights to freedom of speech, freedom of the press, freedom of belief and religion, freedom of assembly, association and other democratic freedoms to infringe upon the interests of the State, rights lawful interests of organizations or individuals, shall be subject to warning, non-custodial reform for up to 3 years or imprisonment of between 6 months and 3 years.
2. Committing the crime, causing adverse effects on security, social order and safety, the offenders shall be sentenced to between 2 and 7 years of imprisonment.
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