Why is Miss Thuy Tien not on the list of founding shareholders of Chi Em Rot?

Thùy Tiên - Ảnh 1. — Nguyen Thuc Thuy Tien at the investigation agency - Photo: VTV

According to data from the national business registration system, Chi Em Rot Group Joint Stock Company, headquartered in Thu Duc City, Ho Chi Minh City, was established in November 2024.

The abbreviated name of the enterprise is CER Group, with initial charter capital of 5 billion VND.

The founding shareholder structure includes Pham Quang Linh (aka Quang Linh Vlogs) contributing 13.67% of capital, Nguyen Thi Thai Hang (Hang Du Muc) holding 25%, and Mr. Le Thanh Cong holding 19%.

The remaining three shareholders include Tran Chi Tam (13.67%), Pham Thi Nhat Le (13.66%) and Le Tuan Linh (15%).

Thus, the list of founding shareholders of Chi Em Rot Company when it was first established included 6 people, without Nguyen Thuc Thuy Tien - the full name of Miss Thuy Tien.

Recently, Thuy Tien was prosecuted and detained by the Ministry of Public Security's Investigation Police Agency (C01) to investigate the act of deceiving customers under Clause 2, Article 198 of the Penal Code.

The investigation agency determined that Kera candy is a product jointly produced by Thuy Tien and shareholders of Chi Em Rot Company. Thuy Tien receives a profit equivalent to 30% according to the capital contribution agreement, while the remaining shareholders contribute 70%.

What are the regulations on founding shareholders?

According to the Enterprise Law 2020, a founding shareholder is a person who owns at least one common share and signs the list of founding shareholders when submitting the business registration application.

At the same time, the condition is that the founding shareholders must sign the list of the company when submitting this list to the business registration authority.

Speaking with Tuoi Tre Online , lawyer Quach Thanh Luc - director of Phap Tri Law Firm ( Hanoi Bar Association) - said that data on the national business registration portal only reflects the list of founding shareholders at the time of establishment of the joint stock company.

After establishment, within 3 years, founding shareholders can transfer shares to other shareholders. The list of new shareholders will be kept internally by the company and may not be updated on the national business registration system.

In addition, information on the list of shareholders of a joint stock company on the national business registration portal is only updated the first time the enterprise is established. Later, when there is a change in the list of members, it may not be updated on this system anymore.

In the case of Chi Em Rot Company, more than a month after its establishment, this enterprise increased its charter capital from 5 billion VND to 15 billion VND.

It is possible that Nguyen Thuc Thuy Tien contributed capital at this stage, as a regular shareholder, not a founding shareholder.

Contributing capital with brand and personal image still has to take responsibility

Mr. Nguyen Thanh Ha - Chairman of SBLAW Law Firm - emphasized that shareholders, whether founding or not, must be responsible for the activities of the enterprise they contribute capital to. The extent of responsibility, criminal, civil or administrative, will depend on the work that the shareholders perform as well as the motives and purposes of the violations.

According to Mr. Ha, this is the first stage of the litigation process, first the authorities will initiate a case, prosecute the accused and the next step will be to conduct an investigation, prosecution and trial. In each litigation process, the investigating agency usually proceeds carefully, ensuring that no criminals are left out and no innocent people are wrongly convicted.

In this case, in Mr. Ha's personal opinion, some defendants were prosecuted before, but Nguyen Thuc Thuy Tien was not prosecuted at that time because the investigation agency needed to verify Thuy Tien's role, whether as a founding shareholder or as a KOL, only performing advertising acts when there was an advertising contract between Thuy Tien and the company.

After fully verifying the information, the investigation agency will initiate prosecution of the accused and apply preventive measures such as temporary detention.

Lawyer Luc added that the act of deceiving customers under Article 198 of the Penal Code is constituted when the perpetrator commits fraudulent acts in the process of selling goods and illegally gains profits of VND5 million or more.

Shareholders of Chi Em Rot Company will be considered criminally responsible if they knew clearly that the fiber content in Kera candy was only 0.935% (much lower than advertised); agreed to provide false information to exaggerate the product's uses; and benefited from this fraudulent behavior.

However, if a shareholder simply contributes capital, does not participate in management, does not know or does not agree with fraudulent behavior, he will not be prosecuted.

Mr. Luc also raised another situation: If Thuy Tien does not contribute capital in cash, but the shareholders value her brand and personal image equivalent to 30% of the shares, she will still be responsible like shareholders who contribute capital in cash.

Thuy Tien is also the president of a perfume business.

Not only participating in the Basket Sisters Company, Nguyen Thuc Thuy Tien is also the chairwoman of Pharco Vietnam Joint Stock Company.

The company is headquartered in Hanoi, with initial charter capital of 4 billion VND. Of which, Le Thanh Cong contributed 55%, Thuy Tien contributed 10%, the rest belonged to other shareholders.

By the end of 2022, the company increased its capital to VND 8 billion, but has not yet announced details of the shareholder structure after the capital increase.

BINH KHANH

Source: https://tuoitre.vn/vi-sao-hoa-hau-thuy-tien-khong-xuat-hien-trong-danh-sach-co-dong-sang-lap-chi-em-rot-20250520175857129.htm