Chương 3 Luật hợp tác xã 2003: Xã viên

Chapter III

COOPERATIVE MEMBERS

Article 17.- Conditions for becoming cooperative members

1. Every Vietnamese citizen, who is aged full 18 years or older, has full civil act capacity, contributes capital or labor, agrees to the cooperative charter, and volunteers to join the cooperative, can become a member of the cooperative.

Officials and public servants may participate in cooperatives in the capacity as cooperative members according to the provisions of the cooperatives' charters but must not directly manage or administer the cooperatives.

2. Households and legal persons may become cooperative members according to the provisions of the cooperatives' charters. When participating in cooperatives, households and legal persons must appoint their representatives fully meeting the conditions set for participating individuals.

3. An individual, household or legal person may become a member of many cooperatives if such is not prohibited by the cooperative charter.

Article 18.- Rights of cooperative members

Cooperative members shall have the following rights:

1. To be given priority to work for their cooperatives and enjoy remuneration according to the provisions of their cooperatives' charters;

2. To enjoy profits distributed according to their contributed capital or labor, and the extent of using the cooperatives' services;

3. To be provided with necessary econo-technical information by the cooperatives; to be provided with training, fostering and improvement of their professional qualifications by the cooperatives;

4. To benefit from their cooperatives' welfare and the fulfillment of economic commitments by the cooperatives;

5. To be commended and/or rewarded when they make numerous contributions to the cooperative building and development;

6. To attend the congress of cooperative members or elect delegates to attend the congress of cooperative members, attend conferences of cooperative members to discuss and vote on the cooperatives' affairs;

7. To stand for or be elected as members of the Managing Board, the cooperative manager, members of the Control Board or other elected titles of the cooperatives;

8. To make proposals to the Managing Board, the cooperative manager and the Control Board, and request the reply; to request the Managing Board, the cooperative manager or the Control Board to convene an extraordinary congress of cooperative members according to the provisions of Clause 4, Article 21 of this Law;

9. To transfer their contributed capital as well as interests and obligations to other persons according to the provisions of the cooperative charter;

10. To apply for leaving their cooperatives in accordance with the provisions of the cooperatives' charters;

11. To have their contributed capital returned and enjoy other interests according to the provisions of the cooperatives' charters and relevant law provisions in the following cases where:

a/ They leave the cooperative;

b/ The cooperative members being individuals die, are reported missing, lose their civil act capacity or have their civil act capacity restricted;

c/ The cooperative members being households have no representatives fully meeting the conditions as prescribed in the cooperatives' charter;

d/ The cooperative members being legal persons dissolve or go bankrupt, or have no representatives fully meeting the conditions as prescribed in the cooperatives' charters.

For cases prescribed at Points b, c and d, Clause 11 of this Article, the cooperative members' contributed capital and other interests shall be returned to those persons who fully meet the conditions for inheritance or the guardians of such cooperative members according to law provisions.

Article 19.- Obligations of cooperative members

Cooperative members shall have the following obligations:

1. To abide by their cooperatives' charters and internal regulations as well as resolutions of the cooperative members' congresses;

2. To make capital contribution according to the provisions of their cooperatives' charters; the contributed capital shall not exceed thirty percent of their cooperatives' charter capital;

3. To unite and cooperate with one another, to study to raise their professional qualifications, thus contributing to boosting the development of cooperatives;

4. To fulfill economic commitments with their cooperatives;

5. Within the limits of their contributed capital, to bear joint responsibility for debts, risks, damage or losses of their cooperatives;

6. To pay compensation for damage they have caused to the cooperatives according to the provisions of their cooperatives' charters.

Article 20.- Termination of cooperative membership

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

a/ Cooperative members being individuals die, are reported missing, lose their civil act capacity or have their civil act capacity restricted; cooperative members being households have no representatives fully meeting the conditions as prescribed in the cooperative charter; or cooperative members being legal persons dissolve or go bankrupt or have no representatives fully meeting the conditions as prescribed in their cooperatives' charters;

b/ Cooperative members are permitted to leave their cooperatives under the provisions of their cooperatives' charters;

c/ Cooperative members have transferred their whole contributed capital as well as interests and obligations to other persons under the provisions of their cooperatives' charters;

d/ Cooperative members are expelled by the congress of cooperative members;

dd/ Other cases prescribed by the cooperatives' charters.

2. The settlement of the cooperative members' interests and obligations in cases prescribed in Clause 1 of this Article shall be prescribed by the cooperatives' charters.

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