VietNamNet Bridge – Dai Nam Joint Stock Company’s chairman Huynh Uy Dung and his wife have just announced their one-year-old child as the new board chairman in an unprecedented move, which has swiftly met rejections by law experts as illegal.
Dung and his wife Nguyen Phuong Hang, who is also a senior executive of the group, announced their will to appoint their child to the top post, and other board members will help the little boy in management until the infant gets 18 years of age to take over all duties. Dung himself will only assume the post of CEO in the group.
In the will, Huynh Uy Dung and his wife to grant their assets to the child, including Dai Nam Tourist Site, Song Than 2 Industrial Park, Song Than 3 Residential and Song Than 3 Industrial Park, Di An and Binh Phuoc residential areas.
According to the will, the child officially became the board chairman of Dai Nam Joint Stock Company from last Saturday.
However, lawyer Bui Quang Nghiem from the HCMC Bar Association said that a child aged one was not eligible for the position.
Under the Civil Code, children aged under six have legal capacity but do not have civil behavior capacity. Meanwhile, the Enterprise Law requires that members of management boards must be capable of civil behaviors, according to Nghiem.
Besides, a will is only effective when the person who makes the will dies. Therefore, it is wrong to say the child is now board chairman of the firm, said lawyer Nguyen Kieu Hung from Giai Phong Law Office.
Source: SGT