Chương 3 Luật hợp tác xã 1996: Xã Viên

Chapter III

THE COOPERATIVE MEMBER

Article 22.- Conditions to become a cooperative member

1. Every Vietnamese citizen aged from eighteen years upward who has the capacity for civil acts, who contributes capital and labor, who approves the Statute of the cooperative and voluntarily joining the cooperative, can become member of the cooperative.

2. A person can be member of many cooperatives of different branches and trades if the Statute of the cooperative does not otherwise stipulate.

3. A family household can become member of the cooperative. The conditions to become member of cooperative, the procedures of admission and cooperative membership of the household shall be stipulated by the Government.

Article 23.- Rights of a cooperative member

A cooperative member has the following rights:

1. To enjoy the priority to work for the cooperative and enjoy remuneration in accordance with provisions of its Statute;

2. To enjoy the profit divided according to the amount of capital and labor he/she has contributed and the extent he/she uses the services of the cooperative;

3. To be provided with necessary economic and technical information by the cooperative; and with training, skill fostering and upgrading organized by the cooperative;

4. To benefit from the common social welfare of the cooperative, the fulfilment of economic commitments by the cooperative and participate in social insurance in accordance with provisions of law;

5. To be rewarded if he/she has made meritorious contributions to the building and development of the cooperative;

6. To participate in the Congress or to elect delegates to the Congress, participate in the meetings of the cooperative members to discuss and vote on the work of the cooperative;

7. To stand for, or be elected as member of the Managing Board, Chairman, member of the Control Board or other elected positions of the cooperative.

8. To make proposals or suggestions to the Managing Board, the Manager, the Control Board of the cooperative and request for reply; request the Managing Board, the Manager and the Control Board to convene an extraordinary Congress of cooperative members in accordance with Clause 4, Article 26 of this Law;

9. To transfer his/her contributed capital and rights and obligations to other persons in accordance with provisions of the Statute of the cooperative;

10. To ask for leaving the cooperative as provided for by the Statute of the cooperative;

11. To get back the contributed capital and other interests when leaving the cooperative. In the event that the cooperative member dies, the capital he/she has contributed and his/her other interests and obligations shall be settled in accordance with the law on inheritance;

Article 24.- Obligations of a cooperative member

A cooperative member has the following obligations:

1. To comply with the Statute, regulations of the cooperative and the resolutions of the Congress of the cooperative members;

2. To contribute capital in accordance with provisions of the Statute of the cooperative; the contributed capital may be greater than the minimum level of capital contribution, but must not, under no circumstances, exceed 30% (thirty percent) of the total statutory capital of the cooperative.

3. To cooperate with one another, to further his/her study so as to raise the educational and skill level and contribute to the promotion of the cooperative's development;

4. To fulfill the economic commitment with the cooperative; pay social insurance in accordance with provisions of law;

5. To bear, within the scope of his/her contributed capital, the common responsibility for the debts, risks, damage and losses of the cooperative;

6. To compensate for the losses caused by himself/herself to the cooperative in accordance with provisions of the Statute of the cooperative.

Article 25.- Termination of cooperative membership

1. The cooperative membership shall be terminated in the following cases:

a) The cooperative member dies;

b) The cooperative member loses the capacity for civil acts;

c) The cooperative member is allowed to leave the cooperative in accordance with provisions of the Statute of the cooperative;

d) The cooperative member's contributed capital as well as his/her rights and obligations have been fully transferred to other people in accordance with provisions of Clause 9, Article 23 of this Law;

e) The cooperative member is expelled from the cooperative by the Congress of cooperative members;

f) Other cases as stipulated by the Statute of the cooperative;

2. The settlement of the interests and obligations regarding the cooperative members in cases stipulated in Clause 1 of this Article shall be defined by the Statute of the cooperative.

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