Chapter V
FAMILY HOUSEHOLDS AND COOPERATIVE GROUPS
Section 1. FAMILY HOUSEHOLDS
Article 106.- Family households
Family households in which members have common property and jointly contribute their efforts and labor to their common economic activities in agricultural, forestry or fishery produc-tion or in a number of other production and/or business domains defined by law shall be subjects when participating in civil relations in such domains.
Article 107.- Representatives of family households
1. The head of a family household shall be the representative of the household in civil transactions for the common interests of the household. The father, mother or another adult member may be the head of the household.
The head of a family household may authorize another adult member to represent the household in civil relations.
2. Civil transactions established and performed in the common interest of a family household by the representative of the household shall give rise to the rights and obligations of the entire family households.
Article 108.- Common property of family households
The common property of a family household shall comprise land use rights, the forest and/or planted forest use rights of the family household, the property contributed or jointly created by household members or presented as a common gift, or jointly inherited and other property which the members agree to be the common property of the household.
Article 109.- Possession, use, disposal of the common property of family households
1. Family household members shall possess and use the common property of their households by mode of agreement.
2. The disposal of property being means of production, common property of great value of family households must be agreed upon by members aged full fifteen years or older; for other common property, the disposal thereof must be agreed upon by the majority of members aged full fifteen years or older.
Article 110.- Civil liability of family households
1. Family households must bear civil liability for the exercise of civil rights and the performance of civil obligations, which are established and performed in the name of the family households by their respective representatives.
2. Family households shall bear civil liability with their common property; if the common property is insufficient to fulfill their respective common obligations, their members must bear joint liability with their own property.
Section 2. COOPERATIVE GROUPS
Article 111.- Cooperative groups
1. Cooperative groups, which are formed on the basis of cooperation contracts certified by commune/ward/township People's Committees and which are entered into by three or more individuals who jointly contribute property and labor in order to perform certain tasks and to jointly enjoy benefits and jointly bear liabilities, shall be subjects in civil relations.
Cooperative groups, which meet all the conditions to become legal persons in accordance with the provisions of law, shall register their activities in the capacity of legal persons at competent state agencies.
2. A cooperation contract shall have the following principal contents:
a/ The purpose and term of the cooperation contract;
b/ The full names and places of residence of the head and other members of the group;
c/ The levels of property contribution, if any; the mode of distributing the yields and profits among the group members;
d/ The rights, obligations and responsibilities of the head and the members of the group;
e/ The conditions for accepting new group members or leaving the cooperative group;
f/ The conditions for terminating the cooperative group;
g/ Other agreements.
Article 112.- Members of cooperative groups
Cooperative group members shall be individuals who are full eighteen years or older and have full civil act capacity.
Cooperative groups shall have the right to enter into labor contracts with persons who are not their members to perform certain tasks.
Article 113.- Representatives of cooperative groups
1. The representatives of cooperative groups in civil transactions shall be their heads appointed by the group members.
The heads of cooperative groups may authorize group members to perform certain tasks necessary for the groups.
2. Civil transactions established and performed by the representatives of cooperative groups for the purpose of the groups' operations under decisions of a majority of the group members shall give rise to the rights and obligations of the entire cooperative groups.
Article 114.- Property of cooperative groups
1. The property contributed or jointly created by group members and the property donated to the whole groups shall be the common property of such cooperative groups.
2. The group members shall manage and use the property of the cooperative groups in accordance with the agreed mode.
3. The disposal of property being the means of production of the cooperative groups must be consented by all the group members; for other common property, the consent of a majority of the group members is required.
Article 115.- Obligations of group members
Group members shall have the following obligations:
1. To implement cooperation on the principles of equality, mutual benefit, mutual assistance and assurance of the common interests of the cooperative group;
2. To compensate for damage caused to their cooperative group as a result of their own fault.
Article 116.- Rights of group members
Group members shall have the following rights:
1. To enjoy yields and profits gained from the operations of their cooperative group as agreed upon;
2. To participate in deciding on matters relevant to the operations of their cooperative group and in inspecting the operations of the cooperative group.
Article 117.- Civil liability of cooperative groups
1. Cooperative groups must bear civil liability for the performance of civil rights and obligations established and performed by their representatives in the name of the cooperative groups.
2. Cooperative groups shall bear civil liability with their common property; if the common property is insufficient to perform their common obligations, their group members must jointly bear civil liability with their own property proportional to their respective contributions.
Article 118.- Acceptance of new group members
Cooperative groups may accept new group members, if so consented by a majority of the group members, unless otherwise agreed upon.
Article 119.- Leaving cooperative groups
1. Group members shall have the right to leave their cooperative groups under the agreed conditions.
2. Group members leaving their cooperative groups shall have the right to request the return of the property which they have contributed to the cooperative groups and to be distributed their share of the property in the common property and must discharge their obligations towards the cooperative groups as agreed upon; if the distribution of property in kind affects the continuation of the groups' operation, the property shall be valued in money for distribution.
Article 120.- Termination of cooperative groups
1. A cooperative group shall terminate in the following cases:
a/ Upon the expiry of the term stated in the cooperation contract;
b/ The purpose of the cooperation has been achieved;
c/ The group members agree to terminate the cooperative group.
In case of termination, cooperative groups must report thereon to the commune/ward/township People's Committees which authenticated the cooperation contracts.
2. Cooperative groups shall terminate under decisions of competent state agencies in cases specified by law.
3. Upon their termination, cooperative groups must settle their debts; if the common property is insufficient to repay the debts, the group members' own property must be used for the settlement in accordance with the provisions of Article 117 of this Code.
In cases where all debts have been repaid and the group is still left with common property, such property shall be divided to the group members in proportion to each person's contribution, unless otherwise agreed upon.
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Bộ luật Dân sự 2005 (Bản Word)
