LIMITED LIABILITY PARTNERSHIPS CRITERION COMPANY (Công (Công ty hợp danh) (Tiêu chí) ty TNHH) 46-87 177-187 Loe Loe - At least 02 general partners (thành viên hợp danh) are individuals and may have more capitalcontributing members (thành viên góp vốn) Members - It can be an individual or a legal entity(pháp nhân) Liability for property obligations (Trách nhiệm nghĩa vụ tài sản) - General partners is In the extent of the responsible with all its capital contributed assets to the business (Trong phạm vi số - Capital-contributing members are vốn góp vào responsible for the doanh nghiệp) capital contribution Legal person (Tư Yes cách pháp nhân) Securities Issuance of issue rights securities is not (Quyền allowed phát hành chứng khốn) SOLE PROPRIETORSHIP (Cơng ty cổ phần) 111-176 Loe (Doanh nghiệp tư nhân) 188-193 Loe JOINT STOCK COMPANIES - At least 03 shareholders, unlimited number - Shareholders can be individuals or legal entities In the extent of the capital contributed to the business (Trong phạm vi số vốn góp vào doanh nghiệp) BUSINESS HOUSEHOLD (Hộ Kinh doanh) Article79 NĐ01/2021 _ An individual - Owned by an or members of individual Each ther household individual is only allowed to establish 01 private enterprise liable for all activities of the enterprise with all his/her assets - Such person(s) shall be responsible for the business operation with all of their property No Yes Yes No Issuance of Issuance of securities is Issuance of securities is allowed securities is not not allowed allowed - Issuance of securities is not allowed Capital transfer (Chuyển nhượng vốn) - General partners does not have the right to transfer capital, unless otherwise agreed by other General partners Transferring internally (nội bộ) or externally (bên ngoài) if no member purchases - Capital-contributing can transfer to other people If there is only member, the owner shall appoint (bổ nhiệm), term Board of Supervisors (nhiệm kỳ) not (Ban kiểm exceeding (vượt quá) years soát) From 11 members or more, Board of Supervisors must be established The members' council meeting must be at least 2/3 of the total number of the members attending the meeting Eligible meeting (Cuộc họp hợp lệ) -The first time: when the attending members own at least 65% of the charter capital -2nd time: at least 50% of charter capital -3rd time: does not depend - In the first years, only to - Not specified in transfer to founding the law shareholders (CDLs), if they want to transfer to others, they - Renting or selling a must be agreed by other private business employees - After years, transfer it to anyone If the company is less than 11 shareholders and the shareholders are organizations that own less than 50% of the company's shares, the Board of Supervisors(Ban kiểm soát) is not required - General meeting of shareholders (Họp đại hội đồng cổ đông): the first time is at least 51% of the votes, the second time is 33%, the third time does not depend - The first meeting of the Board of Directors(Họp hội đồng quản trị lần đầu) is at least ¾ of the total number of the members, the second time is at least ½.- The individual or a member of a member of a member of a household authorized to be the representative of business household is the owner of the BS Adoption of meeting resolutions (Thông qua nghị họp) The important decision is 75% of the capital contribution of the attending members, the rest is 65% (according 59(3) LOE) The important decision of the General Meeting of Shareholders (Đại hội đồng cổ đông) requires at least 65% of the votes, the other is 51% An important decision must be approved by General partners, another issue is 1/2 The resolution(nghị quyết) of the Board of Directors(Hội đồng quản trị) is passed if it is approved by a majority of the members If it is 50/50, it is decided by the Chairman of the Board of Directors (Chủ tịch HĐQT)