Chương 1 Nghị định 193/2013/NĐ-CP: Những quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates on the implementation of Article 6, clause 10 of Article 9, clause 4 of Article 13, clause 13 of Article 21, Article 22, clause 5 of Article 23, clause 1 of Article 27, clause 3 of Article 45, clause 4 of Article 49, Article 54, Article 59, Article 61 and Article 62 in the Law on Cooperatives No. 23/2012/QH13 dated November 20, 2012.

Article 2. Subjects of application

Subjects of application of this Decree shall be subject to Article 2 in the Law on Cooperatives.

Article 3. Requirements for Vietnamese legal person’s eligibility for becoming members of cooperatives

1. Vietnamese legal persons defined by the Civil Code wish to cooperate with other members and have demands for products or services supplied by cooperatives.

2. Vietnamese legal persons submit applications for voluntary accession to cooperatives and accept cooperatives’ statutes before being admitted to these cooperatives. Signatories of such applications must be the legitimate representatives of these legal persons.

3. Representatives of legal persons at cooperatives are the legal representatives (legitimate representatives or authorized representatives) of these legal persons.

4. Vietnamese legal persons make capital contribution in accordance with clause 1 of Article 17 in the Law on Cooperatives and cooperatives’ statutes.

5. Vietnamese legal persons meet other requirements prescribed by cooperatives’ statutes.

Article 4. Requirements for foreign individual’s eligibility for becoming members of cooperatives

Notwithstanding the requirements of clause 1 of Article 13 in the Law on Cooperatives, if individuals who are foreigners wish to participate in cooperatives in Vietnam, they must meet the following requirements:

1. They are legally residing in Vietnam, aged 18 or over, have full civil capacity in accordance with Vietnamese laws.

2. If they wish to participate in employment-generating cooperatives, they must fully meet Vietnamese laws on foreign workers.

3. With respect to cooperatives operating in business sectors or industries subject to limits on capital ownership rates imposed upon foreigners, in order to be eligible to participate in cooperatives, they must comply with regulations enshrined in laws related to these sectors or industries.

4. Foreign individuals must meet other requirements prescribed by cooperatives’ statutes.

Article 5. Supply of products or services to non-member customers

1. Cooperatives and associations of cooperatives shall be entitled to supply and consume products, services and employments for members, member cooperatives and non-member customers provided that they have to commit to fulfilling obligations to members and member cooperatives.

2. The rate of products, services and employments supplied and consumed under commitments made by cooperatives or associations of cooperatives to their members, or by member cooperatives to non-member customers, shall be clearly specified in statutes of cooperatives, but not exceed the following prescribed maximum limits:

a) 32% of total value of agricultural, forestry, agricultural and salt products or services supplied by cooperatives and associations of cooperatives;

b) 50% of total value of non-agricultural products or services supplied by cooperatives and associations of cooperatives;

c) As regards cooperatives that generate employments, wages and salaries paid to non-member employees working under indefinite-term employment contracts shall not exceed 30% of total payroll of all of their employees working under indefinite-term employment contracts.

3. As for the credit sector, the State Bank of Vietnam shall be authorized to preside over and cooperate with the Ministry of Planning and Investment, other relevant ministries and sectoral administrations in studying and proposing the rate of products or services supplied and consumed under commitments of cooperatives or associations of cooperatives to members, or commitments of member cooperatives to non-member customers, and submit it to the Government to seek its approval decision.

4. As for cooperatives and associations of cooperatives established after the entry into force of the Law on Cooperatives, the rate of products, services or employments supplied and consumed under commitments of cooperatives or associations of cooperatives to members, or commitments of member cooperatives to non-member customers, must conform to regulations enshrined in clause 2 and clause 3 of this Article.

5. As for cooperatives and associations of cooperatives established before the entry into force of the Law on Cooperatives,

a) In case where cooperatives or associates of cooperatives have already complied with the rate of products, services or employments supplied and consumed under commitments of cooperatives or associations of cooperatives to members or member cooperatives and non-member customers as prescribed in clause 2 and clause 3 of this Article, they shall be allowed to continue their business as per the Law on Cooperatives;

b) In case where cooperatives or associations of cooperatives have not yet complied with the rate of products, services or employments supplied and consumed under commitments of cooperatives or associations of cooperatives to members or member cooperatives and non-member customers as prescribed in clause 2 and clause 3 of this Article, they shall have to reorganize their business in order to attain the rate specified in clause 2 and clause 3 of this Article within duration of 36 months from July 1, 2013, or may choose to establish enterprises to trade products, services or employments.