Chương IX Luật hợp tác xã 2023: Tổ hợp tác

Chapter IX

ARTELS

Article 107. Establishment and operation of artels

1. Artels shall be established, organized and operate under cooperation contracts made in accordance with regulations of the Civil Code.

2. Artels that receive capital contributions and enter into cooperation contracts of indefinite term or a term of at least 12 months or that apply for enjoyment of benefits from State policies shall be required to follow registration procedures with business registration authorities. Other artels are encouraged to follow such registration procedures.

3. An artel shall have the following rights:

a) Have a proper name;

b) Engage in business lines which are not prohibited by laws; engage in conditional business lines as prescribed by laws;

c) Enter into business cooperation with other organizations and individuals to expand their business as prescribed by laws;

d) Open and use checking accounts at payment service providers in accordance with regulations of relevant laws;

dd) Establish and conduct civil transactions;

e) Enjoy benefits from State policies, if eligible;

g) Have other rights as prescribed by laws and the signed cooperation contract.

4. An artel shall have the following obligations:

a) Ensure rights, lawful and legitimate interests of its members, employees, and relevant organizations and individuals;

b) Fully and punctually perform obligations towards it members, and relevant organizations and individuals;

c) Discharge other obligations as prescribed by laws and the signed cooperation contract.

5. The Government shall elaborate Clauses 1, 2, 3 and 4 of this Article.

6. The Minister of Planning and Investment of Vietnam shall promulgate forms of documents used in registering artels.

Article 108. Conversion of artels into cooperatives

1. An artel may be converted into a cooperative if:

a) It has a valid artel registration certificate;

b) It has been operating for a consecutive period of at least 12 months from the issuance date of the artel registration certificate; and

c) The conversion is agreed by all of its members.

2. The establishment of the cooperative which is converted from an artel shall comply with regulations on establishment of cooperatives in this Law.

3. The cooperative converted from an artel shall obviously inherit all rights and obligations of the artel from the issuance date of the cooperative registration certificate.

Article 109. Assistance policies for artels converted into cooperatives

1. Business registration authorities shall provide free of charge counseling and instructions on documentation and procedures for conversion of artels into cooperatives.

2. Counseling and instructions on taxes and accounting-related administrative procedures shall be provided free of charge for a maximum duration of 03 years from the issuance date of the initial cooperative registration certificate in accordance with the Government's regulations.

3. The initial cooperative registration certificate shall be issued free of charge; the initial application for license to engage in conditional business lines shall be processed free of charge; the cooperative shall be exempted from the license tax for 03 years from the issuance date of its initial cooperative registration certificate.

4. Cooperatives converted from artels shall be eligible for CIT exemption and reduction in accordance with regulations of the Law on corporate income tax.

5. Cooperatives converted from artels shall be eligible for land levy exemption and reduction in accordance with regulations of the Law on land.