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|
THE GOVERNMENT
OF VIETNAM |
THE SOCIALIST
REPUBLIC OF VIET NAM |
|
No. 126/2024/ND-CP |
Hanoi, October 08, 2024 |
PRESCRIBING ORGANIZATION, OPERATION AND MANAGEMENT OF ASSOCIATIONS
Pursuant to Article 25 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law prescribing rights to establish associations dated May 20, 1957;
Pursuant to the Civil Code dated November 24, 2015;
Pursuant to the Labour Code dated November 20, 2019;
Pursuant to the Law on State Budget dated June 25, 2015;
Pursuant to the Law on Accounting dated November 20, 2015;
Pursuant to the Law on Officials dated November 13, 2008;
Pursuant to the Law on Public Employees dated October 15, 2010;
Pursuant to the Law on amendments to the Law on Officials and the Law on Public Employees dated November 25, 2019;
Pursuant to the Law on Anti-corruption dated November 20, 2018;
At the request of the Minister of Home Affairs of Vietnam;
The Government promulgates a Decree prescribing the organization, operation and management of associations.
This Decree deals with establishment, organization, operation and state management of associations which are duly established and operating in Vietnam.
1. This Decree applies to Vietnamese organizations and citizens involved in the establishment, organization, operation and state management of associations. If provisions on organization and operation of associations in a specialized law are different from those of this Decree, the former shall apply.
2. This Decree does not apply to:
a) Vietnamese Fatherland Front, Vietnam General Confederation of Labor, Vietnam Farmer’s Union, Communist Youth Union of Ho Chi Minh City, Vietnam Women's Union, and Vietnam Veterans Association;
b) Religious organizations and folk religious establishments;
c) Internal employee organizations in enterprises as prescribed in the Labor Code.
For the purpose of this Decree, the terms below are construed as follows:
1. “association” means a voluntary organization which is established by Vietnamese organizations and/or citizens that operate in the same industry or area, have the same hobby or gender, and gather or unify members to pursue common objectives or goals, operates on a regular and not-for-profit basis to protect its legitimate rights and benefits as well as those of its members and communities, and assist its members to operate efficiently, and thus make contribution to socio-economic development, and Fatherland building and protection, and is organized and operates in accordance with provisions of this Decree and other relevant legislative documents;
2. “not-for-profit” means a situation where an association that does not aim to make a profit; the profit which is generated during its operation, if any, cannot be distributed among its members but has to be used for performing the activities described in its charter which has been approved by a competent authority;
3. “association database” means a collection of information serving the state management of associations and operation of associations. The association database is used for storing and sharing information on associations.
The scope of operation of associations (sorted by administrative divisions) includes:
1. Association operating nationwide or in more than a province.
2. Association operating within a province.
3. Association operating within a district.
4. Association operating within a commune (student association at a university or college shall be considered as an association operating within a commune).
Article 5. Principles of organization and operation of associations
1. Voluntariness and autonomy.
2. Democracy, fairness, openness and transparency.
3. Self-financing.
4. Not-for-profit basis.
5. Compliance with the Constitution, guidelines of the Communist Party of Vietnam (CPV), the State policies and laws, and the association’s charter.
Article 6. Names, logos, headquarters, seals and accounts of associations
1. Associations may be called by different names such as associations, societies, federations, alliances, unions, general associations, clubs and other names as prescribed by law (hereinafter referred to as “associations”). Name of an association must meet the conditions set out in clause 1 Article 10 hereof.
2. Headquarters of an association must be located in Vietnam within its scope of operation and at a specific address.
3. Each association shall have the status of juridical person, and its own seal and account, and may have logo as prescribed by law.
Article 7. State policies towards associations
1. Encourage and provide favorable conditions for associations to provide services, participate in consultancy and comment on policies, programs, projects, schemes, plans and other activities as prescribed by law.
2. Provide funding, as prescribed by law, for performing tasks assigned by competent authorities defined in Article 8 of this Decree.
3. Provide information on, and disseminate the State guidelines, policies and laws.
Article 8. Authorities competent to assign tasks to associations
1. The Government, the Prime Minister, Ministers, heads of ministerial agencies and central-level competent authorities shall have the power to assign tasks to associations operating nationwide or in more than a province.
2. Provincial People's Committees, Chairpersons of Provincial People's Committees and provincial-level competent authorities shall have the power to assign tasks to associations operating within a province or district.
3. District-level People's Committees, Chairpersons of District-level People's Committees and district-level competent authorities shall have the power to assign tasks to associations operating within a district or commune.
4. Commune-level People's Committees, Chairpersons of Commune-level People's Committees and commune-level competent authorities shall have the power to assign tasks to associations operating within a commune.
Article 9. Association database
1. The association database is connected with the National public service portal, the public service portal of the Ministry of Home Affairs of Vietnam, other national databases, databases of Ministries, ministerial agencies, Governmental agencies, provincial People’s Committees and District-level People’s Committees in order to assist the handling of associations-related procedures and management of associations in accordance with applicable regulations on decentralized management.
2. Information included in the association database:
a) The association database contains the following information:
Information obtained when an association’s founding committee applies for establishment of association;
Copies or electronic copies bearing digital signatures of documents included in an application for establishment, split-off, split-up, acquisition, consolidation, dissolution, or renaming of association, or approval of the charter of an association or revisions thereto;
Certain information on members of the executive committee or other of an association (hereinafter referred to as “executive committee”), standing committee or other (hereinafter referred to as “standing committee”); president and deputy president(s); organizational structure, headquarters, telephone number and term of the association;
Periodical and ad-hoc reports;
Information on assets and finance of an association;
Other relevant information (if any);
b) Information included in the association database is obtained from the following sources:
Information available on the National public service portal and the Public service portal of the Ministry of Home Affairs of Vietnam;
Information declared by associations in their applications for establishment, split-off, split-up, acquisition, consolidation, dissolution, or renaming of association, or approval of the charter of an association or revisions thereto;
Information entered into the association database by associations;
Information provided by regulatory authorities in charge of managing associations;
Information obtained from digitalization and standardization of decisions on handling of associations-related procedures;
Information shared, converted or standardized from former databases.
3. Rules for building, updating, management, operation and use of association database:
a) Information on organization and operation of associations classified as state secrets shall not be entered into the association database as prescribed by regulations of law on state secrets;
b) The association database shall be updated, managed, operated and used according to regulations on decentralized management; building of the association database is associated with online handling of administrative procedures;
c) Information shall be stored on the association database in an adequate and accurate manner, and be efficiently and properly used for the purposes prescribed by laws;
d) The association database shall be protected in a strict and safe manner in accordance with regulations of law; comply with technical regulations and standards on information technology; and ensure compatibility, safety and interconnection throughout the whole system of databases;
dd) Compliance with regulations of law on cyberinformation security and other relevant laws must be ensured.
4. Management, use and provision of information in the association database:
A) The Ministry of Home Affairs of Vietnam shall take charge of building and operating the association database; promulgate regulations on management, operation and use of the association database and provide guidelines on online administrative procedures after the association database is built and put into official operation; issue user ID and accounts to regulatory authorities, provincial People’s Committees, District-level People’s Committees and associations;
b) Regulatory authorities, provincial People’s Committees, District-level People’s Committees and associations shall access and use information in the association database as prescribed;
c) The Ministry of Home Affairs of Vietnam, regulatory authorities, provincial People’s Committees, District-level People’s Committees and associations shall regularly enter information into the association database.
Article 10. Establishment requirements
1. Name of an association must meet the following conditions:
a) The name of an association must be in Vietnamese or transcribed into Vietnamese or in a foreign language if it cannot be transcribed into Vietnamese; the association’s proper name may be transcribed or translated into minority language and/or foreign language in accordance with regulations of law;
b) It must be suitable for the guidelines, objectives, scope and area of operation of the association;
c) It must not be entirely identical or confusingly similar to the name of any other association which has been lawfully established;
b) It must not infringe upon social and ethical traditions, fine customs and practices, and cultural values of Vietnam.
2. The main areas of operation of an association must not be similar to those of another association which has been lawfully established and has the same scope of operation as the former.
3. Guidelines, objectives and areas of operation of an association must comply with regulations of law.
4. The association's charter must be available, except provisions of Clause 5 Article 21 of this Decree.
5. The association’s headquarters complies with the provisions of Clause 2 Article 6 of this Decree.
6. The required number of Vietnamese organizations and citizens applying for admission to the association is adequate, unless otherwise prescribed by laws or ordinances. To be specific:
a) An association operating nationwide or in more than a province must have at least 100 organizations and citizens in at least two provincial-level administrative divisions that meet eligibility requirements and voluntarily submit application for admission to the association;
b) An association operating within a province must have at least 50 organizations and citizens in at least two district-level administrative divisions that meet eligibility requirements and voluntarily submit application for admission to the association;
c) An association operating within a district must have at least 20 organizations and citizens in at least two commune-level administrative divisions that meet eligibility requirements and voluntarily submit application for admission to the association;
d) An association operating within a commune must have at least 10 organizations and citizens in such commune-level administrative division that meet eligibility requirements and voluntarily submit application for admission to the association;
dd) An association of economic organizations whose members are representatives of economic organizations that are juridical persons of Vietnam shall have at least 11 representatives that are juridical persons in more than a province, if it operates nationwide, or at least 05 representatives that are juridical persons in the province, operate in the same industry or have the same area of operation, if it operates within a province, and meet eligibility requirements and voluntarily submit application for admission to the association.
7. There are adequate assets for ensuring operation of the association.
Article 11. Founding committee
1. Any Vietnamese organization or citizen that wishes to establish an association shall establish a founding committee in charge of establishing the association (which will be composed of a head, deputy head(s) and other members) as prescribed in clauses 2, 3, 4 and 5 of this Article, and apply to a competent authority as prescribed in clause 2 Article 12 of this Decree to recognize the founding committee.
2. Members of the founding committee are Vietnamese organizations and citizens that are dedicated and responsible, and operate in the same area as the association or in the area relevant to the association's area of operation. Eligibility requirements to be satisfied by members of the founding committee:
a) For an organization:
It must be lawfully established and have charter or document prescribing its functions and tasks; have submitted an application for participation in the founding committee;
There is a resolution issued by its management or a decision issued by its competent head approving the participation in the founding committee and appointing its representative to participate in the founding committee. The organization’s representative who is appointed to participate in the founding committee must be a Vietnamese citizen, have full capacity for civil acts, be fit and have no criminal record;
b) For an individual: he/she must have submitted an application for participation in the founding committee, have full capacity for civil acts, be fit and have no criminal record.
3. If a member of the founding committee is an official or public employee, a written consent to his/her participation in the founding committee from a competent authority under regulations of law on decentralized management of officials shall be required.
4. The head of the founding committee must be a person who has good moral characters and political credentials, and is experienced, reputable and expert in the association's area of operation, and permanently resides in Vietnam.
5. Required number of members of the founding committee:
a) The founding committee of an association operating nationwide or in more than a province must have at least 10 members that are representative of different regions;
b) The founding committee of an association operating within a province must have at least 05 members in at least two district-level administrative divisions;
c) The founding committee of an association operating within a district must have at least 03 members.
6. The founding committee shall be recognized by a competent authority when it meets the requirements laid down in clauses 1, 2, 3 Article 10 of this Decree. A founding committee is composed of a head, deputy head(s) and members.
7. The founding committee shall discharge the following responsibilities:
a) Mobilize Vietnamese organizations and citizens to apply for admission to the association as prescribed in clause 6 Article 10 of this Decree;
b) Within 12 months from the day on which the decision to recognize the founding committee comes into force, the founding committee shall prepare a complete application for establishment of the association as prescribed in clause 1 Article 13 of this Decree and send it to a competent authority as prescribed in clauses 2, 3, 4 Article 15 of this Decree.
8. The founding committee automatically dissolves after the association's congress has completed election of members of its executive committee.
Article 12. Application, procedures and authority competent to recognize founding committee
1. An application for recognition of an association’s founding committee shall include:
a) The original of the application form for recognition of founding committee which must clearly indicate the association’s name, necessity of the association’s establishment, guidelines, objectives and planned main area of operation, scope of operation, planned date of commencement of operation, and temporary venue of meetings;
b) The original list of persons to be members of the founding committee which indicates full name, date of birth, native land, level of education, professional level, position and workplace (if any), position to be undertaken in the founding committee, permanent or temporary address, telephone number and includes relevant documents (original) of each person as prescribed in clauses 1, 2 Article 11 of this Decree;
c) CVs (using the form enclosed with this Decree) and criminal records No. 1 (original), issued no more than 06 months prior to the date of application submission, of members of the founding committee; in the case of a member of the founding committee who is an official or public employee and is given a written consent to participate in the founding committee by a competent authority under regulations of law on decentralized management of officials, the criminal record No. 1 is not required;
d) The original consent given to the official or public employee participating in the founding committee by a competent authority under regulations of law on decentralized management of officials.
2. Authority competent to recognize the founding committee:
a) The Minister or head of ministerial agency in charge of performing state management of the industry or area which will be the main area of operation of the association shall consider issuing a decision to recognize the founding committee of an association operating nationwide or in more than a province;
b) The Chairperson of the Provincial People’s Committee shall consider issuing a decision to recognize the founding committee of an association operating within a province;
c) The Chairperson of the District-level People’s Committee shall consider issuing a decision to recognize the founding committee of an association operating within a district or commune;
3. Within 30 working days from its receipt of an adequate and valid application, the competent authority prescribed in clause 2 of this Article shall get opinions from agencies relevant to operation of the association, examine the received application and issue a decision to recognize the founding committee. If an application is refused, a written response indicating reasons for such refusal shall be given.
4. Upon the end of the time limit prescribed in point b clause 7 Article 11 of this Decree, if the founding committee fails to complete and submit an adequate and valid application to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree, the issued decision to recognize the founding committee will automatically cease to have effect.
Article 13. Application and procedures for establishment of association
1. An application for establishment of an association shall include:
a) The original of the application form for establishment of association which is made using the form enclosed herewith;
b) The draft charter which is made using the form enclosed herewith;
c) The original of the decision to recognize the founding committee which is accompanied with the list of members of the founding committee;
d) The originals of the list of Vietnamese organizations and citizens applying for admission to the association and their application forms;
dd) CV (using the form enclosed herewith) and criminal record No. 1 (original), issued no more than 06 months prior to the date of application submission, of the head of the founding committee;
e) The original consent given to the official or public employee who acts as the head of the founding committee by a competent authority under regulations of law on decentralized management of officials;
g) The original or certified true copy of the documentary evidence of the lawful right to use the premises where the association will be headquartered as prescribed by law;
h) The original list of assets voluntarily contributed to establishment of the association by the founding committee (if any);
i) The original of the written commitment on operating funding for the first term of the association if it is established.
2. Within 60 working days from its receipt of an adequate and valid application as prescribed in Clause 1 of this Article, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall cooperate with the agencies relevant to operation of the association in making a decision to grant permission for establishment of the association. If an application is refused, a written response indicating reasons for such refusal shall be given.
Article 14. Primary contents of an association’s charter
An association's charter shall, inter alia, include
the following:
1. The association’s name.
2. The association’s guidelines, objectives, area and scope of operation.
3. The association’s legal status and headquarters.
4. Principles of organization and operation of the association.
5. The association’s rights and obligations.
6. Standards of the association’s members.
7. Rights and obligations of the association’s members; procedures for joining and leaving the association, authority to admit or expel members of the association.
8. Organizational structure, procedures for election, dismissal and removal; tasks and powers of the congress, executive committee, standing committee, and inspection committee; establishment and management of the association’s affiliated units; voting rules and method; policies and benefits for persons working for the association.
9. The association's legal representative; tasks, powers, procedures for election, dismissal, removal, temporary suspension, permission to return to work, eligibility, age and health requirements and standards, and term of office of the president, deputy president(s) and other title holders (if any).
10. Split-off, split-up, acquisition, consolidation, renaming, suspension for fixed period and dissolution of the association.
11. Sources of assets, finance of the association and management and use thereof.
12. Commendation, reward, disciplines and actions against violations.
13. Resolution of disputes, complaints and denunciations against organization and operation of the association.
14. Any other contents as prescribed by law.
15. Revisions to the association’s charter.
16. The charter’s validity.
Article 15. Authority to handle association-related procedures
1. The Prime Minister shall consider approving the charter of an association operating nationwide and having CPV designated representation.
2. The Minister of Home Affairs of Vietnam shall consider permitting establishment, split-off, split-up, acquisition, consolidation, dissolution, renaming and approval of the charter; issuing decisions on suspension for fixed period and permission for operation resumption of an association operating nationwide or in more than a province, unless the establishment of the association and approval of its charter are otherwise prescribed in other laws and ordinances.
3. Chairperson of a Provincial People’s Committee is competent to recognize the founding committee; permitting establishment, split-off, split-up, acquisition, consolidation, dissolution, renaming and approval of the charter; issuing decisions on suspension for fixed period and permission for operation resumption of an association operating within a province.
4. Chairperson of a District-level People’s Committee is competent to recognize the founding committee; permitting establishment, split-off, split-up, acquisition, consolidation, dissolution, renaming and approval of the charter; issuing decisions on suspension for fixed period and permission for operation resumption of an association operating within a district or commune.
Article 16. Time limit for holding establishment congress
1. Within 60 working days from the day on which a decision to grant permission for establishment of the association is issued, the founding committee shall hold the establishment congress. When the 60-day time limit expires, if the founding committee is unable to make preparations for holding the establishment congress, within 15 days from the end of the 60-day time limit, the founding committee shall send a written request for extension of the time limit for holding the establishment congress to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree.
2. The time limit for holding the establishment congress shall be extended for a maximum period of 30 working days from the day on which a written approval of extension is given by a competent authority.
3. The issued decision to grant permission for establishment of the association shall cease to have effect in the following cases:
a) The association neither holds the congress within the prescribed time limit nor submits a written request for extension of the time limit for holding the congress as prescribed in clause 1 of this Article;
b) Over the extension period granted as prescribed in clause 2 of this Article, the founding committee fails to hold the establishment congress, except force majeure events.
4. When the decision to grant permission for establishment of the association ceases to have effect as prescribed in clause 3 of this Article, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall issue a decision to revoke the decision to grant permission for establishment of the association. The association that has the decision to grant permission for establishment of the association revoked shall not be allowed to follow establishment procedures within 03 years from the day on which the decision to grant permission for establishment of the association is revoked.
5. Decision on establishment of the founding committee will automatically cease to have effect upon revocation of the decision to grant permission for establishment of the association.
Members of an association include official members, associate members and honorary members as prescribed in its charter.
1. Official members:
a) Any Vietnamese organization or citizen that votes for the association’s charter, voluntarily applies for admission to the association, and meets the qualification requirements for membership laid down in the association’s charter may become an official member of the association. If a member is a Vietnamese organization, it shall appoint a representative who is a Vietnamese citizen to join the association.
b) A member that applies for establishment of the association shall be implicitly considered an official member of the association.
2. Associate members:
Any Vietnamese organization or citizen that fails to meet the qualification requirements for an official member of the association, votes for the association’s charter, AND voluntarily applies for admission to the association may become an associate member of the association.
3. Honorary members:
Any Vietnamese organization or citizen that is reputable and makes significant contribution to the association may be invited to become an honorary member of the association.
4. Associate members and honorary members shall have the same rights and obligations as official members, except rights to vote on matters of the association and rights to elect or act as candidates or nominate candidates to the executive committee and inspection committee of the association.
5. Qualification for membership, admission procedures, termination of membership, rights and obligations of official members, associate members and honorary members are provided in the association’s charter in conformity with regulations of law.
Article 18. Organizational structure
An association is composed of:
1. Congress.
2. Executive committee.
3. Standing committee.
4. Inspection committee.
5. The association’s affiliated units as prescribed in Article 25 of this Decree which are established according to decisions issued by the association on the basis of its nature, area and scope of operation and in conformity with regulations of law and the association’s charter.
1. The congress is the supreme governing body of an association. The congress shall be held in the form of a plenary meeting or delegate meeting.
2. Conditions for holding the congress:
a) The establishment congress shall be held when more than half (1/2) of the members applying for establishment of the association, as defined in the application for establishment of the association, are present;
b) A term’s congress or extraordinary congress shall be held when more than half (1/2) of the official members (in case of plenary meeting) or more than half (1/2) of the official delegates (in case of delegate meeting) are present. An extraordinary congress shall be convened when it is requested by at least two thirds (2/3) of total members of the executive committee or more than half (1/2) of total official members of the association;
c) If the number of participants in the congress as prescribed in points a, b of this clause is not sufficient, the founding committee or the incumbent executive committee shall suspend the convening of the congress and play the leading role or direct the association to convene the congress according to provisions of this Decree;
d) Official delegates participating in the congress shall not be allowed to authorize other persons to participate in the congress on their behalf, unless approved by the congress.
3. The congress may be on-site meeting, online meeting or hybrid meeting as decided by the founding committee or the incumbent executive committee. The association shall provide material facilities, means and personnel to hold the congress in accordance with its charter, the congress’s regulations and rules, and regulations of law.
4. Term of office of the congress:
a) The term of office of an association’s congress is prescribed in its charter but shall not exceed 05 years from the end of the previous-term’s congress;
b) At least 30 working days before the end of a term of office, if the association fails to hold the congress, it shall send a written request for extension of the time limit for holding the congress, in which explanations for such failure must be specified, to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree. Each extension period shall not exceed 12 months;
c) When the extension period expires, if the association still fails to hold the congress, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall consider taking actions against the violation as prescribed in point c clause 2 Article 30 of this Decree, except force majeure events.
5. Determination of the time limit for holding term’s congress:
a) The term of office of an association's congress shall comply with provisions of Point a Clause 4 of this Article. If the term of the congress is extended, the time limit for holding the next term’s congress shall be counted from the day on which the term’s congress is held;
b) If an extraordinary congress is held to ratify the renaming of the association, the next term’s congress may be counted from the day on which the extraordinary congress is held;
c) An association that is established from split-off, split-up, acquisition or consolidation of association(s), the time limit for holding the next term’s congress shall be counted from the day on which the establishment congress is held.
6. Voting rules at the congress:
a) The congress can vote by a show of hands or secret ballot. The voting method shall be decided by the congress or prescribed in the association's charter which has been approved by the competent authority;
b) A decision is considered to be ratified by the congress when it is voted for by more than half (1/2) of the official delegates participating in the congress or another ratio prescribed in the association's charter which has been approved by the competent authority.
7. At least 45 working days (in case of term’s congress or extraordinary congress) or 15 working days (in case of establishment congress) before the congress is held, the association’s executive committee or the founding committee shall send a reporting dossier as prescribed in clause 8, 9 or 10 of this Article to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree and the regulatory authority in charge of performing state management of the industry or area which is the main area of operation of the association.
8. Reporting dossier on establishment congress:
a) The association’s report submitted to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree on the holding of the establishment congress (original);
b) The original personnel scheme which clearly indicates qualification standards, structure, quantity and list of members of the executive committee, standing committee, and inspection committee, president, deputy president(s) and other title holders (if any);
c) The original consent given by a competent authority under regulations of law on decentralized management of officials to the official or public employee who acts as a member of the executive committee or standing committee, or president or deputy president of the association.
If the person to be elected as the association's president is not the head of the founding committee, his/her CV and criminal record No. 1 (original), issued no more than 06 months prior to the date of application submission shall be required. In case the person to be elected as the association's president is an on-duty or retired official or public employee who is given a written consent to act as the association's president by a competent authority under regulations of law on decentralized management of officials, the criminal record No. 1 shall not be required;
d) The statement of the planned time and venue of the congress, number of delegates invited to the congress, number of official delegates participating in the congress, and the congress agenda (original).
9. Reporting dossier on term’s congress (original):
a) The association’s report submitted to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree on the holding of the term’s congress. If the term’s congress is held to consider renaming of the association, the application for renaming of the association which clearly indicates the reasons and necessity of such renaming must be submitted;
b) The resolution of the association's executive committee on holding of the term’s congress and renaming of the association (if any);
c) The draft final report on performance of tasks during the term and operating plan of the next term; report on review of performance of tasks by the executive committee and inspection committee, and financial statements of the association; report on number of the association’s members in which the number of official members must be clearly stated;
d) The draft charter (if revised) or the draft charter under the new name of the association (if any);
dd) The personnel scheme which clearly indicates qualification standards, structure, quantity and list of members of the executive committee, standing committee, and inspection committee, president, deputy president(s) and other title holders (if any);
e) CV and criminal record No. 1, issued no more than 06 months prior to the date of application submission of the person to be elected as the association's president. In case the person to be elected as the association's president is an on-duty or retired official or public employee who is given a written consent to act as the association's president by a competent authority under regulations of law on decentralized management of officials or is the association's president of the current term, the criminal record No. 1 shall not be required;
g) The statement of planned time and venue of the congress, number of delegates invited to the congress, number of official delegates participating in the congress, and the congress agenda;
h) The consent given by a competent authority under regulations of law on decentralized management of officials to the official or public employee who acts as a member of the executive committee or standing committee, or president or deputy president of the association;
i) Other contents falling within the jurisdiction of the congress as prescribed in the association’s charter and regulations of law (if any).
10. Reporting dossier on extraordinary congress (original):
a) The association’s report submitted to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree on the holding of the extraordinary congress. If the extraordinary congress also considers the renaming of the association, the application for renaming of the association which clearly indicates the reasons and necessity of such renaming must be submitted;
b) The resolution of the association's executive committee on holding of the extraordinary congress in which the contents to be discussed and decided at the congress must be specified;
c) The drafts of the contents to be discussed and decided at the congress;
d) The statement of the planned time and venue of the congress, number of delegates invited to the congress, number of official delegates participating in the congress, and the congress agenda.
11. Upon its receipt of adequate and valid reporting dossier as prescribed in clauses 9, 10 of this Article and written contents from the agencies relevant to the industry or area which is the main area of operation of the association, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall give its written opinions about the holding of the congress.
12. The association shall hold the congress after obtaining written permission for holding of the congress from the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree.
Article 20. Primary contents and rules of voting at congress
1. Primary contents of the establishment congress:
a) Announce and award decision to grant permission for establishment of the association;
b) Report the number of delegates participating in the congress and verification of eligibility of these delegates;
c) Ratify the congress agenda, the congress’s regulations and rules, election rules.
d) Present the report on mobilization for establishment of the association;
dd) Discuss the charter which has been considered by the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree upon grant of permission for establishment of the association, and vote on the charter;
e) Ratify the personnel scheme; vote on the number of members of the association’s executive committee and inspection committee for the entire term; nominate or act as candidates for the association’s executive committee and inspection committee;
g) Elect members of the association’s executive committee and inspection committee;
h) Ratify the association’s operating program during the term;
i) Other issues (if any);
k) Ratify the congress resolution.
2. Primary contents of the term’s congress:
a) Report the number of delegates participating in the congress and verification of eligibility of these delegates;
b) Ratify the congress agenda, the congress’s regulations and rules, election rules.
c) Discuss and ratify the final report on performance of tasks during the term and operating plan of the next term; report on review of performance of tasks by the executive committee and inspection committee; and financial statements of the association;
d) Discuss the association's renaming (if any); ratify revisions to the charter or continuation of the current charter;
dd) Split-off, split-up, acquisition or consolidation (if any);
e) Ratify the personnel scheme; vote on the number of members of the association’s executive committee and inspection committee for the entire term; nominate or act as candidates for the association’s executive committee and inspection committee;
g) Elect members of the executive committee; elect members of the inspection committee, except associations performing specific tasks assigned by the CPV or the State;
h) Other issues as prescribed in the association’s charter (if any);
i) Ratify the congress resolution.
3. Primary contents of an extraordinary congress:
a) Report the number of delegates participating in the congress and verification of eligibility of these delegates;
b) Ratify the contents to be discussed and decided at the congress;
c) Ratify the congress resolution.
Article 21. Reporting on congress outcomes, approving association’s charter
1. Within 30 working days from the end of the congress, the association's executive committee shall submit a set of reporting documents (original) to the competent authority prescribed in Article 15 of this Decree, including:
a) The report on the congress outcomes which indicates the request for approval of the association’s charter and renaming (if any). If no revision is made to the charter, a report on continuation of the current charter shall be submitted to the competent authority prescribed in Article 15 of this Decree;
b) The draft charter or the draft of the revised charter (if any);
c) The congress minutes; record of election of members of the standing committee and inspection committee, president and deputy president(s) of the association (accompanied with the personnel list);
d) CV and criminal record No. 1, which is issued no more than 06 months prior to the date of application submission, of the association’s president who is not the one reported to the competent authority. In case the association's president is an on-duty or retired official or public employee who is given a written consent to act as the association's president by a competent authority under regulations of law on decentralized management of officials, the criminal record No. 1 shall not be required;
dd) The association’s operating program;
e) The congress resolution.
2. Within 60 working days from its receipt of adequate and valid documents, the competent authority prescribed in Article 15 of this Decree shall consider approving the association’s charter, provided that the association's draft charter has been completed in conformity with regulations of law according to opinions given by the agencies relevant to the area of operation of the association. If the association's charter has any contents contrary to regulations of law, the competent authority shall refuse to give approval and request, instruct the association to modify its charter in conformity with regulations of law.
3. In case the association's charter is subject to approval of the Prime Minister, the association shall prepare a set of reporting documents, including its request for approval of the charter, and send it to the Ministry of Home Affairs of Vietnam for submission to the Prime Minister for approval as prescribed.
4. Validity of the association's charter:
a) The charter of an association operating nationwide and having CPV designated representation shall become effective from the day on which it is approved by the Prime Minister;
b) The charter of an association other than the one prescribed in point a of this clause shall become effective from the day on which it is approved by the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree.
5. If an association operating within a province, district or commune that has the same name and area of operation as and is a member of an association operating nationwide recognizes the charter of the latter under its congress resolution, it shall not be required to formulate its own charter.
6. After the association has submitted adequate and valid reporting documents as prescribed in clause 1 of this Article, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall issue a notice that the association's congress has been held in accordance with regulations of law and the association’s charter.
1. Executive committee and standing committee:
a) The association’s executive committee is elected by the congress and acts as the governing body between 02 congresses. The standing committee is elected by the executive committee and acts as the governing body between 02 meetings of the executive committee;
b) Number of members, organizational structure, eligibility, age and health requirements and standards, term, tasks, powers, and operating rules of the executive committee and the standing committee shall be decided by the association in conformity with the CPV's guidelines, regulations of the State law and the association’s charter.
2. The association’s president and deputy president(s) are elected by the executive committee among the members of the standing committee.
3. Election, dismissal and removal, temporary suspension, and grant of permission to return to work to the president, deputy president(s) and members of the executive committee and the standing committee are prescribed in the association’s charter in conformity with regulations of law. An association performing specific tasks assigned by the CPV or the State shall be required to get opinions about these contents from a competent authority.
4. When an association's president is dismissed or removed from office, the association must concurrently elect a new president in accordance with regulations of law and its charter or assign a qualified person in charge of managing its operation until the association's new president is elected. If the association’s president is suspended from work, its standing deputy president shall take charge of managing the association’s operation. In case the standing deputy president is not available, a deputy president shall be assigned to manage the association’s operation.
5. The association shall stipulate specific cases in which its president, deputy president(s) and members of the executive committee and the standing committee are dismissed, removed from office, suspended from work and permitted to return to work.
6. Upon dismissal or removal from office of its president or deputy president or a member of its executive committee or standing committee, the association shall submit a report on such dismissal or removal to the competent authority. Such report shall clearly indicate the full name of the president, deputy president or member dismissed or removed from office, and reasons for dismissal or removal, and be accompanied with the minutes of the meeting on the dismissal or removal, the minutes of the meeting on election of the new president, deputy president or member of the executive committee or standing committee, CV and criminal record No. 1, issued no more than 06 months prior to the date of reporting, of the person elected as the new president of the association. In case the person elected as the association's new president is an on-duty or retired official or public employee who is given a written consent to act as the association's president by a competent authority under regulations of law on decentralized management of officials, the criminal record No. 1 shall not be required.
7. The president of an association is its legal representative and assumes legal responsibility for all activities of the association.
a) Standards of the association’s president:
He/she has strictly complied with and implemented the CPV’s guidelines and policies and the State laws;
He/she has good moral characters and political credentials;
He/she is reputable and expert in the association's area of operation;
He/she holds the Vietnamese citizenship;
He/she has full capacity for civil acts and has no criminal record.
b) Requirements to be satisfied by the association’s president:
He/she shall not act as the president of more than 02 associations;
He/she must not be an official of the authority or organization directly taking charge of performing state management or providing advice on state management of the main area of the association, unless decided by a competent authority under regulations of law on decentralized management of officials;
In case the person to be elected as the association's president is an on-duty or retired official or public employee, he/she must be given a written consent to act as the association's president by a competent authority under regulations of law on decentralized management of officials;
c) In addition to the standards and requirements laid down in points a, b of this clause, the association shall adopt specific regulations on eligibility, age and health requirements and standards, and term of office of the association’s president in conformity with regulations of law and its charter;
d) Responsibilities, tasks and powers of the association's president are prescribed in the association's charter in conformity with regulations of law.
8. Eligibility, age and health requirements and standards, quantity, term of office, responsibilities, tasks and powers of deputy presidents, general secretary, and members of executive committee, standing committee and inspection committee of an association are prescribed in its charter in conformity with regulations of law.
Article 23. Association's rights
An association shall have the following rights:
1. Be organized and operate according to its approved charter.
2. Disseminate its guidelines and objectives. Be provided with information on, and access the CPV's guidelines and policies, and the State policies and laws.
3. Represent its members in internal and external relations regarding the association’s rights and obligations.
4. Protect legitimate rights and benefits of the association, its members and community in conformity with its guidelines and objectives.
5. Organize and cooperate with its members in performing activities for the common benefits of the association.
6. Disseminate and provide training for improving knowledge of its members; provide necessary information for its members in accordance with regulations of law.
7. Participate in science and technology programs, projects, and schemes, provide consultancy and make comments on policies at the request of regulatory authorities; provide public services and organize vocational training courses in accordance with regulations of law.
8. An association operating nationwide or in more than a province shall be allowed to establish branches or representative offices in provinces or central-affiliated cities other than the one where it is headquartered as prescribed in clause 1 Article 25 of this Decree and to set up its representative offices in foreign countries.
9. Establish and properly manage its affiliated units in accordance with regulations of law and its charter, and in line with its guidelines, objectives and areas of operation.
10. Give opinions on formulation of mechanisms and policies directly related to its functions, tasks, powers and area of operation; submit proposals to competent authorities for the matters concerning its development and area of operation; provide training, refresher training courses and other services in accordance with regulations of law, and issue practicing certificates, certificates of competency, and other certificates in connection with its area of operation when satisfying relevant conditions set out in law.
11. Cooperate with relevant authorities and organizations in performing its tasks.
12. Collect membership fees and revenues from business operations and service provision as prescribed by law for covering its operating expenses.
13. Receive, manage and use lawful sponsorships and aids granted by domestic and foreign organizations and individuals in accordance with regulations of law and in association with its guidelines, objectives, functions and tasks.
14. Have funding allocated by the State for performing tasks assigned by CPV or the State (if any).
15. An association operating nationwide or in more than a province shall be allowed to admit to corresponding international organizations, and sign and implement international agreements in accordance with regulations of law after obtaining the consent from competent authorities and other regulatory authorities in charge of managing such admission to international organizations, conclusion and implementation of international agreements.
16. Commend, reward and take disciplinary actions in accordance with regulations of law and its charter.
17. Mediate in disputes, consider and resolve feedbacks, complaints and denunciations regarding the association.
18. Exercise other rights as prescribed by law.
Article 24. Association’s obligations and responsibilities
An association shall discharge the following
obligations and responsibilities:
1. Comply with regulations adopted by competent authorities and relevant laws
on organization and operation of associations, and its charter.
2. Do not take advantage of the association's activities to infringe upon the national security, social order, fine traditions and customs, moral, traditional and cultural values, legitimate rights and benefits of other organizations and individuals; do not take advantage of religious beliefs to carry out superstitious activities or unlawful financial and business activities that disturb the domestic market.
3. Do not recognize, appreciate, honor or confer titles in contravention of regulations of law.
4. Bear the state management of the regulatory authority in charge of managing the industry or area which is the association’s main area of operation and relevant authorities during its organization and operation as prescribed in Articles 43 through 50 of this Decree.
5. Gather and develop its members; organize and cooperate with its members in performing activities for the common benefits of the association and comply with its guidelines and objectives.
6. Disseminate the CPV’s guidelines and policies, and the State laws and policies regarding the area of operation of the association, the association's charter, regulations and rules, and provide training for improving its members' knowledge.
7. Propose revisions to charters; properly manage operation of its affiliated units in accordance with regulations of law and its charter; formulate and issue completed regulations and rules which shall be then used as the basis for the association carrying out organization and operation in conformity with regulations of law and its charter.
8. Comply with regulations on receipt, management and use of foreign aids and other relevant regulations of laws; effectively manage and use sponsorships and aids, and assume responsibility of the owner of aids as prescribed by laws.
9. Submit reporting dossier on organization of the congress as prescribed in Clause 7 Article 19 of this Decree.
10. Upon dismissal, removal or replacement of its president, deputy president, general secretary, or member of its executive committee, standing committee or inspection committee, relocation of its headquarters, or revision of its charter, submit a report thereon to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree and the regulatory authority in charge of performing state management of the industry or area which is the association’s area of operation.
11. Submit reports on establishment of its affiliated units to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree and the regulatory authority in charge of performing state management of the industry or area which is the association’s area of operation, and take charge of leading, directing, and directly and comprehensively managing operation of these units in accordance with regulations of law and its charter.
12. Submit annual report on its organization and operation to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree, the regulatory authority in charge of performing state management of the industry or area which is the association’s area of operation, and the People’s Committee of province or city where the association operating nationwide or in more than a province is headquartered, or its branch or representative office is located. Such report is made using Form No. 16 in Appendix II enclosed herewith and submitted by December 31.
13. Submit reports on resolution of disputes, petitions, claims, complaints and denunciations involving the association to regulatory authorities.
14. Comply with regulatory authorities’ instructions and inspections of compliance with regulations of law and the association's charter.
15. Prepare and keep at its headquarters the list of its members, the list of its affiliated units, records and documents on its assets and finance, minutes of meetings of its executive committee, standing committee and inspection committee.
16. Use funding from the sources prescribed in clauses 12, 13, and 14 Article 23 of this Decree for covering its operating expenses as prescribed in its charter; do not distribute such funding amounts to its members.
17. Use funding in accordance with regulations of law and its charter in an open and transparent manner; pay taxes, fees, charges and comply with accounting, audit and statistical reporting policies as prescribed by laws; follow procedures for registration of tax identification number and tax declaration according to regulations of law on taxation. Submit annual financial statements, prepared according to the State regulations, to the same-level finance authority, the regulatory authority in charge of performing state management of the industry or area which is the association’s area of operation, and the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree corresponding to its scope of operation. Bear the inspection and examination of its revenues and expenditures as well as management and use of its finances and assets by the finance authority of the same level as or affiliated to the competent authority that granted permission for establishment of the association.
18. Promulgate regulations on operation of its executive committee, standing committee and inspection committee; management and use of its finances and assets; commendation, reward and discipline; management of members; resolution of petitions, claims, disputes, complaints and denunciations involving the association; management and use of its seal, and other regulations in line with regulations of law and its charter.
19. Formulate and promulgate code of ethics tailored to its operation.
20. Update the association database with information on its organization and operation, and cooperate in building and operation of the association database.
21. Implement regulations of law on anti-corruption, anti-money laundering and counter-terrorism financing.
22. Fulfill other obligations as prescribed by law.
Article 25. Association's affiliated units
1. Branches and representative offices:
a) An association operating nationwide or in more than a province shall be allowed to establish branches or representative offices in provinces or central-affiliated cities other than that where it is headquartered;
b) The association that wishes to establish a branch or representative office shall submit an application to the People's Committee of province or city where its branch or representative office will be situated. Such an application includes:
The original application form for establishment of the association’s branch or representative office which clearly indicates the name and address of the association; its objectives, main area of operation, scope of operation; necessity of establishment of its branch or representative office; planned name and address of the branch or representative office; contents and scope of operation of the branch or representative office and basic information about the person to be elected as the head of the branch or representative office (including full name, permanent residence, and number of identity card, citizen identity card, ID card or passport);
Documentary evidence of the lawful right to use the premises where the branch or representative office will be situated as prescribed by law (original, certified true copy or copy presented together with its original for verification purpose);
Decision to grant permission for establishment of the association and the association's charter (originals, certified true copies or copies presented together with their originals for verification purpose).
c) Within 30 working days from its receipt of an adequate and valid application, the Chairperson of the provincial People’s Committee shall consider issuing a decision to grant permission for establishment of the branch or representative office. In case an application is refused, a written response indicating reasons for such refusal shall be given to the applicant;
d) After obtaining a written permission for its establishment of branch or representative office from the Chairperson of the provincial People’s Committee, the association shall submit reports thereon to the Ministry of Home Affairs of Vietnam and the Ministry or ministerial agency in charge of performing state management of the industry or area in which it engages;
dd) The association’s branch or representative office shall operate according to regulations of law and its charter; bear state management of the People’s Committee of province or city where the association's branch or representative office is situated.
2. The association may establish offices, specialized departments/boards and others to assist its executive committee and standing committee in performing their tasks and powers in accordance with regulations of law and its charter.
3. Inter-sub-associations, sub-associations, subordinate teams or groups of associations or others (hereinafter referred to as “sub-associations”) are organizations that do not have the status of juridical person, and their own seals and accounts, and are established in accordance with the association’s charter. The location for regular activities of a sub-association must be specified in its establishment decision. When organizing its activities, the sub-association shall submit a report on such activities to the local government in accordance with regulations of law on meetings.
4. An association may establish other organizations that have the status of juridical person in accordance with regulations of law to perform its tasks according to the guidelines, objectives and area of operation specified in its charter. To be specific:
a) The association shall assume responsibility for proper and comprehensive management of these organizations and ensure that they are organized and operate on a not-for-profit basis;
b) Eligibility requirements, procedures and application for establishment of these organizations shall comply with specialized laws and other relevant laws. Before submitting an establishment application to a competent authority, the association shall get opinions from the competent authorities prescribed in clauses 2, 3, 4 Article 15 of this Decree in corresponding to its area of operation;
c) Within 30 working days from the day on which a certificate of operation registration or operating license is issued by a competent authority, the association shall submit a report on its establishment of an organization having status of juridical person to the competent authorities prescribed in clauses 2, 3, 4 Article 15 of this Decree in corresponding to its area of operation for monitoring. Such report includes:
Decision to establish an organization having status of juridical person (original);
Certificate of operation registration or operating license issued by a competent authority (original or certified true copy or copy presented together with its original for verification purpose);
Certificate of registration of sample seal (original or certified true copy or copy presented together with its original for verification purpose);
Decision to appoint the legal representative (original).
d) In case the organization having status of juridical person is found to operate in contravention of regulations of law or in a manner which is inappropriate to the association's area of operation, the competent authorities prescribed in clauses 2, 3, 4 Article 15 of this Decree is entitled to request the association to make a dissolution decision and request the regulatory authority to revoke the issued certificate of operation registration or operating license and the seal of this organization.
5. Establishment, restructuring or re-arrangement, and shutdown or dissolution of the organizations prescribed in clauses 1 through 4 of this Article shall comply with the association’s charter and regulations of law.
6. When the association is issued with a dissolution decision by a competent authorities prescribed in clauses 2, 3, 4 Article 15 of this Decree, the organizations mentioned in clauses 1 through 4 of this Article shall obviously be shut down or also follow dissolution procedures as prescribed by law and the association’s charter.
Article 26. Association’s finances and assets
1. Association's finances:
a) Association’s sources of revenues:
Admission fees and annual membership fees paid by its members;
Revenues earned from its activities as prescribed by laws;
Sponsorships, aids and donations given by domestic and foreign organizations and individuals as prescribed by law;
Funding derived from state budget (if any) for performing assigned tasks as prescribed by law;
Other lawfully earned revenues.
b) Association’s expenses:
Expenses on performing the association’s tasks;
Expenses on performing assigned tasks (if any);
Premises rents and costs of purchase of working equipment and means;
Expenses on implementing policies and benefits for persons working for the association in accordance with regulations of law;
Rewards and other expenses as prescribed in the association’s regulations.
2. An association’s assets include its headquarters and other lawful assets as prescribed by law.
3. Management and use of an association’s finances and assets shall comply with regulations of the civil code, laws on finance, accounting, auditing, statistics and the association’s charter, and ensure not-for-profit basis. Public property shall be managed and use in accordance with regulations of law on management and use of public property.
4. Upon its split-up, split-off, acquisition, consolidation, operational suspension or dissolution, the association’s finances and assets shall be settled according to provinces of Article 36 of this Decree and relevant laws.
Article 27. State budget-derived funding for performing assigned tasks
1. For tasks assigned by central- and local-government authorities
a) Based on the competent authority’s policies for assignment of tasks to the association, the association shall develop a scheme or plan for performing assigned tasks (which must clearly indicate the quantity or volume of tasks covered by funding derived from state budget):
An association operating nationwide or in more than a province shall get opinions from the regulatory authority in charge of managing the industry or area which is the association’s main area of operation, the Ministry of Finance of Vietnam, central-government authorities relevant to the assigned task, and the Ministry of Planning and Investment of Vietnam (if the association requests for allocation of central government budget-derived funding for development investment expenditures for performing public investment tasks). The requested authorities shall be required to give their opinions within a maximum duration of 15 working days;
An association operating within a local area shall get opinions from the specialized authority, finance authority, planning and investment authority, and other relevant authorities of the same level. The requested authorities shall be required to give their opinions within a maximum duration of 15 working days.
b) After obtaining opinions from relevant authorities, the association shall complete its scheme or plan for performing assigned tasks (which shall be accompanied with received opinions):
and submit it to the Prime Minister for considering and issuing a decision to assign tasks (for an association operating nationwide or in more than a province); or
submit it to the Chairperson of the People’s Committee of the relevant level for considering and issuing a decision to assign tasks (for an association operating within a province, district or commune).
c) Based on the decision to assign tasks as prescribed in point b of this clause:
The association shall prepare and submit the cost estimate to the finance authority of the same level (if costs for performing assigned tasks are to be covered with state budget-derived funding for recurrent expenditures as prescribed by the law on state budget).
The association shall prepare and submit the investment plan to the planning and investment authority of the same level (if costs for performing assigned tasks are to be covered with state budget-derived funding for development investment expenditures) for submission to competent authorities as prescribed by the law on public investment.
2. For tasks funded under a national target program, the financial mechanisms of such national target program shall apply.
3. For tasks assigned by a Ministry or central-government authority, costs of performing assigned tasks shall be covered by funding of that Ministry or authority.
4. Management, use and final statement of state budget-derived funding for performing assigned tasks shall comply with provisions of the law on state budget, the law on public investment and relevant laws.
5. For tasks assigned by CPV or the State, provisions of clause 2 and 3 Article 39 of this Decree shall apply.
1. An association that makes significant contribution to the socio-economic development shall be commended and rewarded in accordance with regulations of law on emulation and commendation.
2. Associations shall consider commending and rewarding organizations, individuals, members and persons working for them with outstanding achievements according to their internal regulations and rules or request competent authorities to do so in accordance with regulations of law on emulation and commendation.
1. Any member, affiliated unit or person working for the association who violates the association's charter, regulations and rules shall incur disciplinary penalties imposed by the association. In case of causing material damage, compensation must be paid in accordance with the law.
2. All petitions, disputes, complaints and denunciations regarding the association shall be resolved by or with the counseling of its inspection committee in accordance with its charter, regulations and rules; failure to reach an amicable agreement shall result in the case referred to a competent Court for hearing in accordance with regulations of law.
Article 30. Handling of violations
1. An association shall have its operation suspended for a fixed period by a competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree if it is found to commit any of the following violations:
a) It operates in breach of the not-for-profit rule;
b) During its organization and operation, it involves complicated issues concerning security, social order and safety;
c) It violates regulations of law on management of assets and finances; receipt, management and use of sponsorships and aids;
d) It fails to submit report on congress outcomes as prescribed in Article 21 of this Decree or fails to submit sufficient reports on its organization and operation or annual financial statements and to remedy its violation within 30 working days after receiving a written reprimand from a competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree;
dd) It fails to submit reports within 60 working days from the day on which it is issued with permission for establishment of representative office or branch, or a competent authority grants a certificate of operation registration or operating license to its organization having status of juridical person as prescribed in clause 4 Article 25 of this Decree, or after its dismissal, removal from office, or replacement of its president, deputy president, general secretary, or a member of its executive committee, standing committee or inspection committee, or relocation of its headquarters, representative office or branch;
e) It fails to perform any of the obligations and responsibilities prescribed in clauses 3, 13, 14, 15, 18, 19, 20, and 21 Article 24 of this Decree within 60 working days from the day on which it receives a request to do so from a competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree;
g) It fails to resolve the conflict or dispute concerning its operation and submit a report thereon to the competent authority within 90 working days from the day on which it is requested in writing by the competent authority to do so;
h) It submits reports containing inadequate or false systematic information on its operation (including information on its affiliated organizations having status of juridical person).
2. An association shall be dissolved according to a decision of the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree if it commits any of the following violations:
a) It violates provisions of clause 2 Article 24 of this Decree;
b) It deliberately holds a congress without obtaining written permission for holding of the congress from the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree;
c) It fails to hold the congress within the time limit prescribed in point c clause 4 Article 19 of this Decree, except force majeure events;
d) It fails to submit report on its organization, operation and finances as prescribed or fails to publicly disclose its financial statements, finalization reports and auditor’s reports (if any) in 02 consecutive years;
dd) It fails to remedy the violation as prescribed in Clause 6 Article 33 of this Decree upon termination of the suspension period;
e) Its executive committee fails to follow procedures for dissolution of the association within 180 days from the day on which such dissolution is requested by more than half (1/2) of total official members;
g) It fails to have adequate number of members as prescribed in clause 6 Article 10 of this Decree by the time of submitting a report to the competent authority on holding of the term's congress.
3. Any person who infringes upon the rights to establish associations, misuses of the association's name to perform illegal activities, abuses his/her positions and power to grant permission for establishment of an association against provisions of this Decree shall, depending on nature and severity of the violation, incur disciplinary penalties, administrative penalties or criminal prosecution in accordance with law; in case of causing material damage, compensation must be paid in accordance with the law.
1. Renaming of an association shall be subject to consideration and ratification of its congress, unless the association is renamed as a result of its split-up, split-off, acquisition or consolidation.
2. The new name of the association must meet the requirements laid down in clause 1 Article 10 of this Decree, not be confusing and cause changes in or make its main area of operation confusing with that of another association which has been duly established.
3. The association must make revisions to its charter under its new name. The new name of the association shall be used after the competent authority prescribed in Article 15 of this Decree issues a decision on approval of its renaming and revised charter.
Article 32. Split-up, split-off, acquisition and consolidation of associations
1. Depending on operating demands and capacity of an association, its executive committee shall request the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree to grant approval of its split-up, split-off, acquisition or consolidation. The association’s split-up, split-off, acquisition or consolidation shall comply with provisions of this Decree, relevant laws and meet the requirements laid down in clause 1 Article 10 of this Decree.
2. An application for approval of split-up, split-off, acquisition or consolidation of an association includes:
a) The original application form which must clearly indicate the reasons, necessity and compliance of the split-up, split-off, acquisition or consolidation with regulations of law;
b) The original scheme on split-up, split-off, acquisition or consolidation of the association which has been approved by its executive committee and must include the plans for handling of its assets, finances, employees and members; division or assignment of functions, powers and areas of operation; responsibilities and obligations to be discharged; lists of members of the executive committee and inspection committee of the new association;
c) The original resolution ratifying the association’s split-up, split-off, acquisition or consolidation given by its executive committee;
d) The original of the draft charter of the association upon its split-up, split-off, acquisition or consolidation;
dd) The originals of CVs and Criminal records No. 1, issued no more than 06 months prior to the date of application submission, of the persons to be elected as the president and members of the executive committee of the new association; If a person to be a member of the executive committee of the new association is subject to management of a competent authority under regulations of law on decentralized management of officials or is an official or public employee, a written consent to participate in the executive committee of the new association given by a competent authority is required (in this case, the criminal record No. 1 of the person to be elected as the president of the new association is not required);
e) The documentary evidence of the lawful right to use the premises where the new association which is established upon the split-up, split-off, acquisition or consolidation will be headquartered (original or certified true copy or copy presented together with its original for verification purpose).
3. Procedures for split-up, split-off, acquisition or consolidation of association:
a) The association that wishes to carry out split-up, split-off, acquisition or consolidation shall submit an application as prescribed in clause 2 of this Article to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree and the regulatory authority in charge of managing the area which is the association’s main area of operation;
b) Within 60 working days from its receipt of an adequate and valid application, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall consider issuing a decision to grant approval of the association’s split-up, split-off, acquisition or consolidation;
c) The parent association, acquired association(s) or consolidating associations (except the case of split-off) shall cease to exist after a decision to grant approval of the split-up, acquisition or consolidation is issued by the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree. All rights and obligations of the parent association, acquired association(s) or consolidating associations shall be transferred to the new association(s). In case of split-off, the parent association and the new associations shall assume the joint responsibility for rights and obligations of the association before the split-off.
4. Split-up, split-off, acquisition, consolidation or dissolution of an association upon changes in an administrative division:
a) In case an association operating within a province, district or commune involves in a change in the administrative division due to split-up, split-off, acquisition or consolidation, its executive committee shall consider making decision on the split-up, split-off, acquisition, consolidation or dissolution in a manner that is appropriate to the new administrative division and submit an application to the competent authority of the new administrative division as prescribed in clauses 3 and 4 Article 15 of this Decree. The application is prepared according to clause 2 of this Article; names of the associations established from the split-up, split-off, acquisition or consolidation must be associated with the name of the new administrative division;
b) Within 60 working days from its receipt of an adequate and valid application, the competent authority of the new administrative division as prescribed in clauses 3, 4 Article 15 of this Decree shall consider issuing a decision to grant approval of the split-up, split-off, acquisition, consolidation or dissolution of the association.
5. Organizing the congress and approving the new charter of the association due to split-up, split-off, acquisition or consolidation:
a) Within 60 working days from the day on which the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree issues a decision to grant approval of the split-up, split-off, acquisition or consolidation, new associations must organize their congresses to ratify the contents prescribed in clause 1 Article 20 of this Decree;
b) They shall submit reports on their congresses as prescribed in clause 1 Article 21 of this Decree to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree for use as the basis for approval of their charters within its competence.
Article 33. Suspension of operation for fixed periods
1. An association shall have its operation suspended by the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree for a maximum period of 180 days if it is found to commit any of the violations specified in clause 1 Article 30 of this Decree.
2. After the conclusion on the association’s violation as prescribed in clause 1 of this Article is drawn up, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall consider issuing a decision to suspend the association’s operation for a fixed period.
3. During the suspension period, the violating association shall only be allowed to implement measures for remedying the violation according to the conclusion given by the competent authority.
4. If the association has successfully remedied its violation during the suspension period, it may make and send an application for resumption of operation to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree for consideration and decision. Such an application includes the originals of the following documents:
a) An application form for resumption of operation;
b) The report on implementation of remedial measures against the violation made by the association’s executive committee and supporting documents.
5. Upon its receipt of an adequate and valid application as prescribed in Clause 4 of this Article, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall permit the association to resume its operation. If an application is refused, a written response indicating reasons for such refusal shall be given.
6. Upon the end of the suspension period, if the violating association fails to remedy its violation, this suspension period shall be automatically prolonged for another 30 working days. Upon the end of the prolonged suspension period, if the violating association still fails to remedy its violation, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall consider issuing a decision to extend the suspension period. The maximum extension period is 60 working days. Upon the end of the 60-day extension period, if the violating association still fails to remedy its violation, the competent authority shall issue a decision to dissolve the association.
7. Before issuing a decision to suspend operation for fixed-period or to permit resumption of operation of an association that performs tasks assigned by CPV or the State, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall be required to obtain opinions on such suspension or resumption of operation from competent authorities.
Article 34. Voluntary dissolution
1. An association is voluntarily dissolved in the following cases:
a) Its objectives have been achieved;
b) It has no assets and conditions for operation;
c) The dissolution is requested by more than half (1/2) of its total official members or under a resolution of its executive committee.
2. The association shall prepare an application for dissolution which includes:
a) An application form for voluntary dissolution;
b) The record bearing signatures of more than half (1/2) of its total official members or the resolution of its executive committee ratifying the dissolution;
c) The list of assets and finances;
d) The plan for handling assets and finances and time limit for debt payment.
3. The association to be dissolved shall submit the application to the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree, and post up notice of the time limit for debt payment (if any) to relevant organizations and individuals as prescribed by law at its headquarters and its representative office(s) (if any) for a period of 30 working days (for an association operating nationwide or in more than a province) or at its headquarters for a period of 15 working days (for an association operating within a province, district or commune).
4. After 15 working days from the end of the time limit for debt payment and handling of assets and finances stated in the notice posted up by the association when applying for dissolution, if no complaint is received, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall issue a dissolution decision.
5. The association shall terminate its operation from the day on which the dissolution decision issued by the competent authority becomes effective. The re-establishment of an association that has been voluntarily dissolved within 05 years from the effective date of the dissolution decision shall not be allowed.
Article 35. Compulsory dissolution
1. An association shall be compulsorily dissolved according to a decision of the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree if it commits any of the violations specified in clause 2 Article 30 of this Decree.
2. After a conclusion that the association commits any of the violations specified in clause 2 Article 30 of this Decree is drawn up, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall:
a) request the association to inventory its assets and finances; develop the plan for handling of assets and finances and time limit for debt payment as prescribed by law and the association's charter;
b) get opinions about the association’s dissolution from the authorities relevant to the association's operation; and
c) publish the preparation for dissolution and time limit for debt payment, and handling of assets and finances of the association in at least 03 issues of a central printed newspaper or electronic newspaper (for an association operating nationwide or in more than a province) or of a local printed newspaper or electronic newspaper (for an association operating within a province, district or commune).
3. After the association has completed payment of debts and handling of assets and finances as stated in its notice, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall issue a dissolution decision.
4. c) If the subject association disagrees with the dissolution decision, it may lodge a complaint according to regulations of law. The association may not operate pending the settlement of its complaint.
5. The association shall terminate its operation from the day on which the dissolution decision becomes effective.
6. The re-establishment of an association that has been compulsorily dissolved within 05 years from the effective date of the dissolution decision shall not be allowed, unless otherwise considered and decided by competent authorities.
7. Before issuing a decision to dissolve an association that performs tasks assigned by CPV or the State as prescribed in this Article, the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree shall be required to obtain opinions on such dissolution from competent authorities.
1. Handling of assets and finances of an association upon its split-up or split-off:
a) Upon completion of split-up procedures, the parent association shall cease to operate and all rights and obligations regarding its assets and finances shall be transferred to the new associations under the split-up decision;
b) Upon completion of split-off procedures, each of the associations involving the split-off shall perform rights and obligations regarding its assets and finances in conformity with its objectives.
2. Handling of assets and finances of an association upon its acquisition:
a) When an association is acquired by another association, all of its assets and finances shall be transferred to the acquiring association;
b) The acquiring association shall be entitled to all lawful rights and benefits regarding existing assets and finances, assume responsibility for assets and finances-related unpaid debts and ongoing service contracts of the acquired association.
3. Handling of assets and finances of an association upon its consolidation:
a) Upon completion of consolidation procedures, the consolidating associations shall cease to exist, and the new association shall be entitled to lawful rights and benefits, and assume responsibility for unpaid debts and ongoing service contracts of the consolidating associations;
b) Assets and finances of the consolidating associations shall not be distributed or sold but shall entirely be transferred to the new association.
4. Handling of assets and finances of an association whose operation is suspended for a fixed period:
During its operation suspension period, the suspended association shall only pay recurrent expenses incurred by its standing division pending a decision issued by a competent authority.
5. Handling of assets and finances of an association upon its dissolution:
a) Assets of the association to be dissolved shall not be distributed. The selling and liquidation of its assets shall comply with relevant laws;
b) The existing cash of the association and the proceeds from sale and liquidation of its assets shall entirely be used for making payments in the following order of priority:
Dissolution expenses;
Salaries, severance pays, social insurance and health insurance contributions and other benefits of its employees according to the collective bargaining agreement and signed employment contracts;
Tax debts and other amounts payable.
c) The remaining finances and assets self-earned by the association and those acquired from sponsorships and aids granted by domestic and foreign individuals and organizations shall be transferred to the budget of the competent authority that has permitted its establishment. Assets derived from or acquired with funding from state budget (if any) shall be transferred to the finance authority of the same level as the competent authority prescribed in clauses 2, 3, 4 Article 15 of this Decree for further handling in accordance with regulations of law on management and use of public property.
6. When following split-up, split-off, acquisition, consolidation or dissolution procedures, the subject association shall make an inventory and carry out classification of its assets for being further disposed of. To be specific:
a) Management, use and disposal of the association’s assets which are public property shall comply with regulations of law on public property;
b) Management, use and disposal of the association’s assets which are acquired from its own funding sources shall comply with regulations of the Civil Code, relevant laws and its charter.
7. Revocation of an association’s seal:
The seal of an association that is renamed or undergoing split-up, split-off, acquisition or consolidation or subject to fixed-term suspension or dissolution shall be revoked in accordance with regulations of law on management and use of seals and relevant laws.
SOME PROVISIONS ON ASSOCIATIONS PERFORMING TASKS ASSIGNED BY COMMUNIST PARTY OR STATE OF VIETNAM
Article 37. Associations performing specific tasks assigned by CPV or State
1. Associations performing specific tasks assigned by the CPV or the State and operating nationwide are determined in Appendix I enclosed herewith.
2. An association performing tasks assigned by CPV or the State and operating within a province, district or commune shall be considered and decided by the provincial People’s Committee after obtaining opinions from provincial-level competent authorities on the basis that it has been provided with personnel, and entirely or partially allocated funding and other conditions serving its operation and fulfillment of regular tasks assigned by competent authorities in conformity with CPV’s regulations and specific task-related requirements imposed by local governments.
3. Associations performing specific tasks assigned by the CPV or the State shall comply with general provisions of this Decree and specific provisions in this Chapter VI.
Article 38. Association’s rights, obligations and responsibilities
1. Association’s rights:
a) Be provided with information on, and access the CPV's guidelines and policies, and the State policies and laws;
b) Give opinions on formulation of mechanisms and policies directly related to its functions, tasks, powers and area of operation;
c) Be assigned to perform some specialized activities and/or public services which are suitable to its area of operation as prescribed;
d) Provide consultancy and make comments on policies, programs, projects, and schemes at the request of regulatory authorities. Play the leading role or engage in the implementation of projects and schemes relevant to its area of operation;
dd) Have funding allocated by the State for performing assigned tasks;
e) Be allowed to organize some economic activities; receive domestic and foreign resources in association with its guidelines, objectives, functions and assigned tasks; enter into cooperation with other organizations and individuals; participate in people-to-people diplomacy and some cooperation mechanisms as prescribed by law.
2. Association's obligations and responsibilities:
a) Disseminate and mobilize its members and people of all classes to comply with the CPV’s guidelines and policies, and the State laws and policies; policies and decisions regarding organization and operation of associations; actively participate in national economic, cultural and social development programs; fulfill tasks assigned by CPV or the State, and promote social consensus;
b) Be organized and operate according to its guidelines, objectives, functions and tasks; direct and properly manage operation of its affiliated units that are juridical persons; manage and use allocated funding and assets, and funds in accordance with the CPV’s regulations, the State law and its charter; comply with guidelines, inspection, supervision and audit of competent authorities;
c) Develop, gather and unify its members in patriotic emulation movements and campaigns; represent, protect, proposition, propose and cooperate in settling lawful and legitimate rights and benefits for its members and people of all classes;
d) On biannual, annual and ad hoc basis, submit reports on its organization and operation to regulatory authorities as prescribed, Vietnam Fatherland Front Committee of the same level (if the association is a member of this committee), the competent authority prescribed in clauses 2, 3 and 4 Article 15 of this Decree, and the regulatory authority in charge of managing the industry or area which is the association’s main area of operation;
dd) Obtain opinions from competent authorities, as prescribed, about its annual operating programs/plans and term’s congress, and extraordinary congress; invite representatives of competent authorities, as prescribed, to the meetings of the CPV designated representation (for an association having the CPV designated representation), or meetings of its standing committee (for an association that does not have the CPV designated representation);
e) Renaming, split-up, split-off, acquisition, consolidation, fixed-term suspension of operation and dissolution of the association as prescribed in Chapter V of this Decree requires the approval from a competent authority;
g) Upon relocation of its headquarters or establishment of representative office or affiliated unit having status of juridical person, the association must comply with regulations of law and send written notification thereof to competent authorities as prescribed, the competent authority prescribed in clauses 2, 3 and 4 Article 15 of this Decree and the regulatory authority in charge of managing the industry or area which is the association’s main area of operation;
h) Formulate annual program or plan which must clearly indicate the volume and quantity of tasks funded by state budget, and obtain opinions about the program or plan from the competent authority in charge of governing the association before June 30 each year.
Article 39. State policies applicable to associations performing tasks assigned by CPV or State
1. Funding derived from central government budget shall be allocated to an association performing tasks assigned by CPV or the State at central level to:
a) pay salaries, allowances and other benefits, as prescribed, to persons who meet legal working age requirements and are assigned or designated to work at the association under decisions of competent authorities, and those recruited according to its approved payroll;
b) pay remunerations to the retired person who holds the position of president or full-time deputy president of the association;
c) cover recurrent expenses determined according to the limits on expenditures on performing state management tasks and tasks assigned by CPV or mass organizations imposed on central-level administrative units, and the association’s approved payroll;
d) cover costs of performing tasks assigned by the competent authority prescribed in Article 8 of this Decree;
dd) cover costs of equipping material facilities and working means as prescribed by laws on land, public property and state budget, and relevant laws;
e) The association shall make estimate of costs covered by central government budget-derived funding as prescribed in points a, b, c and dd of this clause in accordance with regulations of law on state budget, and send it to the Ministry of Finance of Vietnam.
2. Procedures for assignment of tasks and allocation of funding to an association performing tasks assigned by CPV or the State at central level:
a) For tasks included in the association’s annual operating program or plan which has been given opinions by the regulatory authority in charge of governing the association, and clearly indicates the tasks funded by state budget (including detailed volume or quantity of tasks), the association shall make and submit the cost estimate to the Ministry of Finance of Vietnam in accordance with regulations of law on state budget and relevant laws;
b) For tasks which are assigned by a competent authority but are not included in the association’s annual operating program or plan, the association shall make and submit the cost estimate to the Ministry of Finance of Vietnam in accordance with regulations of law on state budget and relevant laws if the competent authority has defined specific volume or quantity of tasks funded by state budget. If the specific volume or quantity of tasks funded by state budget is not yet defined by the competent authority, the association shall formulate a scheme or plan for task fulfillment (which clearly indicates the specific volume or quantity of tasks funded by state budget), and send it to the regulatory authority in charge of managing the industry or area which is the association’s main area of operation, the Ministry of Finance and agencies relevant to the assigned tasks (required opinions must be given within 15 working days). After obtaining opinions from relevant authorities, the association shall consider revising and submitting the task fulfillment scheme or plan to the competent authority assigning the tasks for its consideration and decision.
Based on opinions given by the competent authority, the association shall make and submit the cost estimate to the Ministry of Finance of Vietnam in accordance with regulations of law on state budget and relevant laws;
c) If the tasks prescribed in points a, b of this clause are funded by public investment funding, the association shall comply with in accordance with regulations of law on public investment;
d) For tasks assigned by a Ministry or central-government authority, costs of performing assigned tasks shall be covered by funding of that Ministry or authority;
dd) For tasks funded under a national target program, the financial mechanisms of such national target program shall apply.
3. With respect to an association performing tasks assigned by CPV or the State at local level, based on provisions on funding allocation of clauses 1, 2 of this Article, the relevant Provincial People's Committee shall consider allocating funding derived from local-government budget for performing tasks in accordance with regulations of law.
4. Assistance in acquiring material facilities and working means of associations performing tasks assigned by CPV or the State shall be given on the basis of the state budget’s balancing capacity (central government budget, for an association performing tasks assigned by CPV or the State and operating nationwide; or local government budget, for an association performing tasks assigned by CPV or the State and operating within a province, district or commune) and the association’s capacity for mobilizing financial resources.
1. Persons regularly working for an association include the president, full-time deputy president(s); persons working at counseling or assisting divisions under the approved payroll; persons working under employment contracts.
2. Recruitment, use and management of persons regularly working for an association:
a) Persons who meet legal working age requirements shall be assigned or designated to work at the association under decisions of competent authorities, or recruited by the association according to its approved payroll in accordance with regulations of law on officials;
b) Persons working for the association who are retired persons and those who meet legal working age requirements but are not subject to the provisions of point a of this clause shall be required to enter into employment contracts in accordance with regulations of law on labour.
3. Salaries, allowances, health insurance and social insurance contributions, remunerations, rewards, training, and other policies and benefits:
a) Persons who meet legal working age requirements and assigned or designated to work at the association under decisions of competent authorities, and those recruited by the association according to its approved payroll shall be entitled to the same policies and benefits as officials and comply with retirement policies laid down in laws;
b) Persons working for the association other than those prescribed in point a of this clause and clause 4 of this Article shall receive wages and other policies/benefits according to the association’s decision which is made taking into account working requirements and the association's lawful financial sources, and on reasonable grounds, ensuring comparability with those of others working for the same association and compliance with regulations of law on labour.
4. A retired person who holds the position of the association’s president or full-time deputy president shall receive remunerations in accordance with regulations of law.
5. Remunerations to the persons mentioned in clause 4 of this Article are paid using the funding annually allocated from the state budget to the association.
Article 41. Association’s governing bodies
1. Nationwide congress:
a) The nationwide congress is the supreme governing body of an association, and shall be held every 05 years or on ad hoc basis, where necessary. The incumbent executive committee shall convene the congress after the competent authority has given approval of the scheme on holding of the congress, instruments and list of personnel to be presented to the congress. The congress shall be held when it is attended by more than two thirds (2/3) of total invited delegates. An extraordinary congress shall be held when it is requested by more than two thirds (2/3) of total members of the association’s incumbent executive committee and approved by the competent authority. Number, structure, eligibility requirements and standards of delegates attending the congress shall be decided by the executive committee that convenes the congress; recognition of a delegate’s eligibility is subject to the congress's decision;
b) The congress shall fulfill the following tasks:
Evaluate the implementation of resolutions during the previous term, and make decisions on orientations, objectives, tasks and solutions of the next term;
Discuss the association's renaming (if any); ratify revisions to the charter or continuation of the current charter;
Ratify the scheme on the congress’s personnel submitted by the incumbent executive committee;
Elect members of the new term’s executive committee;
Consider other issues as prescribed in the association’s charter;
Ratify the congress resolution.
2. Executive committee and standing committee of the association:
a) The association’s executive committee is the governing body between 02 congresses. The standing committee is the governing body between 02 meetings of the executive committee;
b) The association’s executive committee shall fulfill the following tasks:
Formulate the scheme on the congress’s personnel which clearly indicates the number, structure, eligibility requirements and standards of members of the executive committee, standing committee and inspection committee of the new term;
Elect members of the standing committee, president, deputy president(s), head and members of the inspection committee;
Perform other tasks as prescribed in the association's charter in conformity with regulations of law.
3. An association’s standing committee is comprised of the president and full-time deputy president(s) and takes charge of managing daily activities of the association.
1. An association’s president must meet the eligibility requirements and standards laid down in clause 7 Article 22 of this Decree and health, age and term holding requirements imposed by competent authorities.
2. Based on the eligibility requirements and standards to be satisfied by its president, the association shall impose specific eligibility requirements and standards to be satisfied by deputy presidents who must also meet other health, age and term holding requirements imposed by competent authorities.
3. Procedures for election of members of executive committee, standing committee, and inspection committee, and president and deputy president(s) of the association shall comply with regulations adopted by competent authorities.
4. Number of deputy presidents of an association operating nationwide is prescribed as follows:
a) No more than 03 full-time deputy presidents, for an association having CPV designated representation;
b) No more than 02 full-time deputy presidents, for an association that does not have CPV designated representation;
c) The number of part-time deputy presidents who may be elected to meet the association’s operating requirements shall be considered and decided by the competent authority.
5. The maximum number of full-time deputy presidents of an association performing tasks assigned by CPV or the State is 02 persons, if it operates within a province, or 01 person, if it operates within a district.
STATE MANAGEMENT OF ASSOCIATIONS
Article 43. Responsibilities of Ministry of Home Affairs
1. Formulate and propose the promulgation of legislative documents on associations or promulgate them under its authority.
2. Disseminate regulations of law on associations to ministries, central and local authorities, associations, and other organizations and citizens, and instruct them to implement such regulations.
3. Submit charters of associations operating nationwide and having CPV designated representation to the Prime Minister for consideration and approval. Exercise its powers as defined in Clause 2 Article 15 of this Decree. obtain written opinions from ministries and central authorities related to operation of associations when settling association-related procedures under authority of the Minister of Home Affairs.
4. Take charge and cooperate with ministries and ministerial agencies in performing state management of organization and operation of associations.
5. Provide professional training and guidelines to officials and public employees performing state management of associations.
6. Examine and inspect the compliance with the law on associations and inspect the implementation of the association's charter according to its functions and tasks, except for contents under state management functions, tasks and authority of ministries and ministerial agencies, and operation of organizations having status of juridical persons affiliated to associations.
7. Commend and reward or suggest competent authorities to commend and reward associations, organizations and individuals with achievements in operation of associations according to regulations of law.
8. Handle complaints and denunciations and impose penalties for violations related to administrative decisions of the Ministry and official activities of officials and public employees at organizations affiliated to the Ministry in accordance with the law on complaints and denunciations.
9. Assist the Government in managing payrolls of associations performing tasks assigned by CPV or the State at central level in accordance with regulations of law and those adopted by competent authorities.
10. Approve aids, inspect and supervise the receipt, management and use of aids by associations that are established with permission given by and whose charter is approved by the Ministry of Home Affairs in accordance with the law.
11. Make and submit consolidated reports on organization, operation and management of associations to the Prime Minister.
12. Build, operate and manage the association database; update the association database with information on operations operating nationwide or in more than a province.
13. Perform other tasks as prescribed by law.
Article 44. Responsibilities of ministries and ministerial agencies
1. Take responsibility for state management of associations in areas under state management of ministries and ministerial agencies as prescribed by law. Collect opinions of associations to complete regulations on state management of industries and areas.
2. The regulatory authority in charge of managing the industry or area which will be the association’s main area of operation shall get opinions from agencies relevant to the association’s operation before issuing a decision to recognize the founding committee in charge of the association establishment.
3. Give written opinions on contents related to areas under state management of ministries and ministerial agencies to competent authorities upon settling association-related procedures as prescribed in clause 2 Article 15 of this Decree; instruct and enable associations to hold establishment congresses, term’s congresses and extraordinary congresses.
4. Instruct and enable associations to participate in activities in industries and areas under the state management of ministries and central authorities; instruct associations to participate in research programs, projects and schemes, provide consultancy and public services, organize vocational training courses and issue practicing certificates, certificates of competency and other certificates under their authority as prescribed by laws; grant certificates of registration of operation or operation licenses to juridical persons affiliated to associations (if any) as prescribed in clause 4 Article 25 of this Decree, and properly manage these organizations as per law.
5. Obtain opinions from the competent authorities prescribed in clause 2 Article 15 of this Decree before granting certificates of registration of operation or operation licenses to juridical persons affiliated to associations as prescribed in clause 4 Article 25 of this Decree.
6. Commend and reward or suggest competent authorities to commend and reward associations, organizations and individuals with achievements in operation of associations related to the areas under state management of ministries and ministerial agencies as prescribed by law.
7. Examine and inspect operation of associations in the areas under their state management, including juridical persons affiliated to associations licensed for operation by ministries and central authorities; handle, suspend and revoke certificates of registration of operation or operation licenses of juridical persons affiliated to associations or recommend competent authorities to impose penalties for violations (if any) as per law.
8. Handle complaints and denunciations, and impose penalties for violations related to administrative decisions of ministries and ministerial agencies and official activities of officials and public employees of units affiliated to ministries and ministerial agencies in relation to the associations in accordance with the law on complaints and denunciations.
9. Cooperate with associations and relevant agencies in proposing assignment of tasks by competent authorities to associations in conformity with their areas of operation and under their state management functions of areas of operation of such associations.
10. Notify in writing to the Ministry of Home Affairs of their decisions to assign associations to participate in activities in the industries and areas under their management, and provide funding support to for associations that are established with permission given by and whose charter is approved by the Ministry of Home Affairs.
11. Make and submit annual consolidated reports to the Ministry of Home Affairs on operation of associations under line management of their main areas of operation.
12. Cooperate in building and operating the association database in respect of the operations operating nationwide or in more than a province.
13. Perform other tasks as prescribed by law.
Article 45. Responsibilities of Ministry of Finance of Vietnam
1. Make and submit consolidated cost estimate to competent authorities for allocating state budget-derived funding for recurrent expenditures to associations operating nationwide or in more than a province in accordance with provisions of the Law on state budget.
2. Take charge and cooperate with the Ministry of Home Affairs and relevant agencies in inspecting finances and assets derived or acquired with funding from state budget of associations operating nationwide or in more than a province.
Article 46. Responsibilities of Ministry of Public Security of Vietnam
Assume responsibility to prevent and combat violations against law committed by associations, and perform state management of public order and security in respect of activities performed by associations; instruct associations to follow procedures for registration of their sample seals.
Article 47. Responsibilities of Ministry of Information and Communications of Vietnam
Assume responsibility to perform state management of press activities in respect of press agencies and magazines which are affiliated to associations and established in accordance with regulations of law on press; give written opinions about appointment, dismissal, commendation and imposition of disciplinary penalties on heads of press agencies affiliated to associations according to regulations adopted by CPV and the State of Vietnam.
Article 48. Responsibilities of Ministry of Foreign Affairs of Vietnam
Assume responsibility to perform state management of activities of associations under its state management as prescribed by law.
Article 49. Responsibilities of provincial People’s Committees
1. Manage, inspect and examine the observance of law on associations and association’s charters, organization and operation of associations operating in their provinces, districts and communes, and recommend imposition of penalties for violations (if any) committed by branches and representative offices of associations operating nationwide or in more than a province located within their provinces.
2. Disseminate regulations of law on associations to provincial-level departments, local authorities, People's Committees of districts and communes, associations, organizations and citizens in their provinces, and instruct them to implement such regulations.
3. Direct provincial-level departments, local authorities, People’s Committees of districts and communes to manage associations.
4. Provide professional training and guidelines to officials and public employees performing state management of associations in their provinces.
5. Commend and reward or suggest competent authorities to commend and reward associations, organizations and individuals with achievements in operation of associations in their provinces according to regulations of law.
6. Specify, provide guidance on and facilitate operation of associations in their provinces; promulgate mechanisms and policies for associations' provision of public services, and issuance of practicing certificates, certificates of competency, and other certificates within the ambit of their assigned state management functions.
7. Consider and permit associations operating within a province, district or commune to receive aids from domestic and foreign organizations and individuals; inspect and supervise receipt, management and use of sponsorships and aids by associations in their provinces in accordance with regulations of law.
8. Manage payrolls of associations that perform tasks assigned by CPV or the State and operate within a province, district or commune in accordance with regulations of law and those adopted by competent authorities.
9. Handle complaints and denunciations, and impose penalties for violations related to administrative decisions of provincial People’s Committees and official activities of officials and public employees of units affiliated to provincial People’s Committees in relation to the associations in accordance with the law.
10. Make and submit annual consolidated reports to the Ministry of Home Affairs on organization, operation and management of associations operating within a province, district or commune, including operation of branches and representative offices of associations operating nationwide or in more than a province located within their provinces.
11. Consider deciding to assign tasks to associations operating within a province, district or commune in conformity with their areas of operation.
12. Manage external affairs, and international conventions and seminars organized by associations operating within a province, district or commune in their provinces.
13. Inspect and examine the compliance with regulations of law on accounting; inspect finance and asset-related activities, settle complaints and denunciations, and impose penalties for violations against regulations on assets, finance and accounting committed by associations operating within a province, district or commune.
14. Update the association database under decentralized management authority; cooperate in building, operating and managing the association database in respect of associations operating within a province, district or commune.
15. Chairpersons of provincial People’s Committees shall exercise its powers specified in clause 3 Article 15 of this Decree.
16. Perform other tasks as prescribed by law.
Article 50. Responsibilities of district-level People’s Committees
1. Manage, inspect and examine the observance of regulations of law on associations and association’s charters operating within a district or commune.
2. Inspect finance and asset-related activities, settle complaints and denunciations, and impose penalties for violations against regulations on assets, finance and accounting committed by associations operating within a district or commune.
3. Commend and reward or suggest competent authorities to commend and reward associations, organizations and individuals with achievements according to regulations of law.
4. Handle complaints and denunciations and impose penalties for violations related to administrative decisions and official activities of officials and public employees at organizations affiliated to People’s Committees of districts and communes in accordance with the law.
5. Consider deciding to assign tasks to associations operating within a district or commune in conformity with their areas of operation.
6. Make and submit annual consolidated reports to provincial People’s Committees on organization, operation and management of funds operating within a district or commune.
7. Update the association database under decentralized management authority and cooperate in building, operating and managing the association database in respect of associations operating within a district or commune.
8. Chairpersons of district-level People’s Committees shall exercise its powers specified in clause 4 Article 15 of this Decree.
9. Perform other tasks as prescribed by law.
Article 51. Presentation of document forms
1. List of document forms applicable to relevant associations, and Vietnamese organizations and individuals (Appendix II).
2. List of document forms applicable to regulatory authorities in charge of managing associations (Appendix III).
1. Applications for handling of association-related procedures submitted before the effective date of this Decree shall be processed according to provisions of the Government’s Decree No. 45/2010/ND-CP dated April 21, 2010 prescribing organization, operation and management of associations, and the Government’s Decree No. 33/2012/ND-CP dated April 13, 2012 providing amendments to the Decree No. 45/2010/ND-CP and legislative documents providing guidelines for implementation thereof.
2. An association that performs tasks assigned by CPV or the State and has the number of full-time deputy presidents elected before the effective date of this Decree exceeding that prescribed in clauses 4, 5 Article 42 of this Decree shall continue operating until expiry of its existing term, and, if a full-time deputy president falls vacant, shall not elect substitute full-time deputy president in order to ensure compliance with provisions on maximum number of full-time deputy presidents of this Decree.
3. An association’s charter which has been approved by a competent authority before the effective date of this Decree shall still remain valid until the expiry of the association's term. After that, it shall be revised in conformity with provisions of this Decree.
4. An association’s affiliated administrative units whose operating expenses are covered with state budget-derived funding shall still be eligible for such state budget-derived funding until 2026 inclusively. From 2027 onwards, they shall operate following autonomy rule (i.e. they shall cover their operating expenses using their own funding).
Article 53. Effect and responsibility for implementation
1. This Decree comes into force from November 26, 2024 and supersedes the Government’s Decree No. 45/2010/ND-CP dated April 21, 2010 prescribing organization, operation and management of associations, and the Government’s Decree No. 33/2012/ND-CP dated April 13, 2012 providing amendments to the Decree No. 45/2010/ND-CP .
2. The Decision No. 68/2010/QD-TTg dated November 01, 2010 of the Prime Minister prescribing associations with specific characteristics and the Decision No. 71/2011/QD-TTg dated December 20, 2011 of the Prime Minister prescribing allocation of state budget-derived funding to associations with specific characteristics.
3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of Provincial People’s Committees, Chairpersons of district-level People’s Committees, and relevant organizations and individuals are responsible for the implementation of this Decree.
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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
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