In one year, Vu Quang Hai set a record for promotion speed?

"In just over 1 year at the Ministry of Industry and Trade, Vu Quang Hai was promoted to 4 positions: KSV position of a large economic group, Vinataba, Deputy Department Head position, Board member position and Deputy General Director position of Sabeco - Is this a record for promotion speed?"

After not being satisfied with the response from the Ministry of Industry and Trade, the Vietnam Association of Financial Investors (VAFI) this morning (August 17) sent a dispatch to the Ministry of Planning and Investment and the Government Inspectorate (the units that drafted the Enterprise Law and the Anti-Corruption Law) requesting answers to existing problems in the appointment of key personnel at Saigon Beer - Alcohol - Beverage Corporation (Sabeco).

According to VAFI, the appointment of Mr. Vu Quang Hai (son of Mr. Vu Huy Hoang, former Minister of Industry and Trade) as a member of Sabeco's Board of Directors is contrary to the Enterprise Law of 2005 and 2014. At the same time, according to VAFI, the appointment of Mr. Vu Quang Hai as a member of the Board of Directors and Deputy General Director of Sabeco violates the Anti-Corruption Law (2005).

More than two months before, this Association had sent many documents directly to the Ministry of Industry and Trade and related units reflecting the above issue. However, up to now, according to VAFI's records, the recommendations made by the association "have almost not been accepted by the leaders of the Ministry of Industry and Trade".

Right at the beginning of the consultation document with the Ministry of Planning and Investment and the Government Inspectorate, the leader of VAFI did not hide his indignation, asking: "The Ministry of Planning and Investment, with the function of advising on drafting the Law on Enterprises and supervising the implementation of the Law on Enterprises, would like to answer whether the appointment of Mr. Vu Quang Hai is in accordance with the Law on Enterprises or not?".

At the same time, this association also wants the Government Inspectorate, whose function is to draft and supervise the implementation of the Anti-Corruption Law, to answer "whether the process of appointing Mr. Vu Quang Hai as a member of the Board of Directors and Deputy General Director of Sabeco is self-serving and violates the 2005 Anti-Corruption Law or not?".

According to VAFI, Sabeco's election of Vu Quang Hai to the Board of Directors of this corporation through written opinion is illegal.

"The appointment process of Vu Quang Hai is full of selfishness and illegality"

VAFI leaders affirmed that "the appointment process of Mr. Vu Quang Hai was very selfish and this behavior is strictly prohibited under the 2005 Anti-Corruption Law". Specifically, during his short time at the Trade Promotion Agency as Deputy Director of the Export Support Center, Vu Quang Hai was also given the privilege of being appointed as Controller (KSV) of the Vietnam Tobacco Corporation (Vinataba). This appointment, according to VAFI, is completely unreasonable, illegal and also selfish.

And to prove the above viewpoint, VAFI cites: According to Point 1e, Article 3, regulations on standards and conditions for appointing members of the Board of Supervisors of Decree No. 66/2011/ND-CP dated August 1, 2011, regulating the application of the Law on Cadres and Civil Servants to leadership and management positions of LLCs owned by the State, the appointment of controllers must comply with the provisions of Article 122 of the 2005 Enterprise Law and other provisions of law.

Point 1b, Article 122 of the 2005 Enterprise Law stipulates: "A member of the Supervisory Board must not be the wife or husband, father, adoptive father, mother, adoptive mother, child, adopted child, brother, sister, or sibling of a member of the Board of Directors, Director or General Director, or other managers." Meanwhile, Mr. Vu Huy Hoang, at that time the Minister of Industry and Trade, was the highest capital management representative with the right to appoint members of the Board of Directors. VAFI concluded: "Clearly, the appointment of Vu Quang Hai was illegal."

According to VAFI, to become a member of the Board of Supervisors at State corporations and groups, in addition to a degree in finance, the Supervisor must also have a lot of experience in managing State capital and assets, and to achieve that level, it takes at least 3 years. The Supervisor must spend time updating knowledge and State policies related to many areas from financial and accounting management, corporate law, real estate, construction, salary policies... In the case of appointing Vu Quang Hai, VAFI "believes that the starting point is having little knowledge of State management on the above contents".

VAFI raised the question: "What is the essence of appointing Vu Quang Hai as a member of Vinataba's Board of Supervisors?", and at the same time gave the answer: "To have a basis to promote him to the rank of Deputy Director and push Vu Quang Hai into the planning of leadership positions of the Ministry of Industry and Trade".

"To avoid abuse of power and profit, why doesn't Mr. Hai conduct interviews?"

This association also affirmed that, "the transfer of Vu Quang Hai to Sabeco or the form in which Sabeco earnestly requested Vu Quang Hai is both clearly selfish in nature."

"In just over 1 year at the Ministry of Industry and Trade, Vu Quang Hai was promoted to 4 positions: the position of KSV of a large economic group, Vinataba, the position of Deputy Director of Department, the position of member of the Board of Directors and Deputy General Director of Sabeco - Is this a record in terms of promotion speed?", VAFI commented.

In addition, according to the association's assessment, former Minister Vu Huy Hoang violated the Law on Anti-Corruption by "abusing power while performing duties and public service for personal gain", according to Point 1, Article 10 of this law.

Regarding Vu Quang Hai's return to Sabeco, VAFI asked: If Vu Quang Hai "worked for hire" for Sabeco as Mr. Hai shared in the media, then to avoid abuse of power and profiteering, Mr. Hai only needed to terminate the contract with the Trade Promotion Agency and go to Sabeco to complete the interview procedures, without needing the Decision on transferring officials from the Ministry of Industry and Trade?

This association further argued: To manage state capital in joint stock companies, the ministry decides to appoint an authorized representative and issues an official dispatch to introduce that person to the general meeting of shareholders to run for election, but the ministry cannot issue any Decision or document to introduce a person who is not obliged to manage state capital to run for election at the general meeting of shareholders.

Even the Chairman of the Board of Directors or the entire Board of Directors cannot nominate someone in writing to run for the Board of Directors, because according to the Enterprise Law 2005 and 2014, the Board of Directors only has the right to introduce additional candidates to run for the Board of Directors if the number of candidates is less than the number of Board members that need to be elected.

Not to mention, according to VAFI's argument, Mr. Vu Huy Hoang is the representative of State shares at Sabeco, Mr. Phan Dang Tuat is the authorized representative, and Deputy Minister Ho Thi Kim Thoa signed the document on behalf of the Minister, so it is impossible that the father nominated his son to run for the Board of Directors, and if no one introduced him, Vu Quang Hai could not have the qualifications to be a member of the Board of Directors.

Considering that Decision No. 1288/QD-BCT on transfer of cadres and civil servants dated February 4, 2015 signed by Deputy Minister Ho Thi Kim Thoa was the basis for Sabeco's Board of Directors to appoint Vu Quang Hai as a member of the Board of Directors and Deputy General Director of Sabeco, however, according to VAFI, this decision is completely illegal and has no legal value. Therefore, it is affirmed that Vu Quang Hai is not qualified to be Deputy General Director of Sabeco and a member of the Board of Directors.

VAFI also mentioned another issue, which is that the election, dismissal, and removal of members of the Board of Directors and members of the Supervisory Board must be voted on at the General Meeting of Shareholders and the form of written opinions cannot be used to elect members of the Board of Directors according to Article 104 of the Enterprise Law 2005 and Article 143 of the Enterprise Law 2014 to avoid a lack of transparency. However, the election of Mr. Vu Quang Hai by written opinions is completely illegal.

"This is an extremely strange thing that has ever happened in the election of additional members to the Board of Directors at Sabeco," VAFI commented.

Affirming that he has "no relationship or prejudice with anyone in the Ministry of Industry and Trade", the VAFI leader also raised the question: "Let's imagine if individual cases such as the appointment of Trinh Xuan Thanh, Vu Quang Hai, Vu Dinh Duy, etc. are not completely prevented, then the individual situation will become common and at that time our country's socio-economy will be in danger due to the situation of appointing relatives".

According to Dan Tri