Vietnam Business Law - Execises Problem Solving Question

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Vietnam Business Law - Execises Problem Solving Question

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A particular Selection of the National Assembly is palnned to do the following in its first meeing. a. Elect the Prime Minister b. Elect the Minister of the Ministry of Education and Training c. Elect the president of Ho Chi Minh’s City People’s Council d. Elect the General Secrectary of the Communist Party 1. Explain whether each of the foregoing belong to the function of the National Assembly. 2. Does the law require all that the above positons to be mambers of the National Assembly? Explain. 3. Does the Nation Assembly will appoint the above postions in every tine of its meeting? Explain. BUSINESS STRUCTURE 1. Establishment of an enterprise On October 5, 2010 Binh Minh Join Stock Compnay (JSC) was established by the way of Business Registration Certificate issued by the Ho Chi Minh City’s Department of Investment and Planning. On January 15, 2012, Thai Ha Limited Loability Company (LLC) applied for the establishment of a subsidary with the proposed name of Binh Minh LLC in the Da Nang’s Department of Investment and Planning. The Da Nang’s Department of Investment and Planning refused to issue a Business Registration Certificate on the ground Binh Minh JSC has a branch in da Nang and if Binh Minh LLC is established, this could confused the public. The lawyer of Thai HA LLC objects the decision of the Da Nang’s Department of Investment and Planning. He argues that although the two compnay has the same proper name, they are different types of company (i.e. one is JSC and the other is LLC). Therefore, there is no legal base for the Da Nang’s Department of Investment and planning to refuse the registration of Binh Minh LLC. Assuming that ultimately Binh Minh LLC is established, Mr. A is appointed by Thai Ha LLC to be its authorized representative at Binh Minh LLC and to hold the position of the Presidents of Binh Minh LLC. Note that Mr. A is currently a clerk in Da Nang’s People Court. Exlain: a. Is there any ground for the Da Nang’s Department of Investment and Planning to refuse the registration of Binh Minh LLC? Why? b. Is Mr. A entittled to act as the President of Binh Minh LLC? Why?

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