NHỮNG “ĐIỂM NGHẼN” CỦA LUẬT DOANH NGHIỆP HIỆN HÀNH

Abstract

On June 17th, 2020, the National Assembly promulgated the new Law on Enterprises (“Law on Enterprise 2020”), which has been effective since January 01st, 2021 with some remarkable shifts compared to the previous version, such as cutting administrative procedures, allowing the conversion of sole proprietorship into joint-stock
company…However, carefully looking into the new law, the author of this paper has
discovered some drawbacks and confusions about some regulations on each form of enterprise. They are wrong regulation on competence to convening meetings of the Board of Members in the single-member limited liability company; much more legal privileges of a single-member limited liability company owned by a single individual in comparison
with a sole proprietorship; unreality of the regulation on organizing meetings of the
Board of Members in the case of two-member limited liability company;
unreasonableness of the regulation on voting some important issues in general meetings of a joint-stock company; the very unclear notion of “Partner” of a partnership in the Law on Enterprise 2020; the very faint role of the President of the Board of Directors in partnerships; Unclear legal position of the Director of a sole proprietorship. In this paper, the author has suggested some legal solutions for the above-mentioned drawbacks.