Chương 2 Nghị định 45/2010/NĐ-CP quy định về tổ chức, hoạt động và quản lý hội: Điều kiện, thủ tục thành lập hội

Chapter II

CONDITIONS AND PROCEDURES FOR ESTABLISHING ASSOCIATIONS

Article 5. Conditions for establishing an association

1. The association operates for purposes not contrary to law. Its name and main activity are not identical with those of associations which have been lawfully established earlier in the same locality.

2. It has a charter.

3. It has a head office.

4. The number of Vietnamese citizens and institutions applying to join and establish the association is provided as follows:

a/ For a national or an inter-provincial association, at least 100 citizens and/or institutions in different provinces meeting membership criteria and filing an application lo voluntarily join and establish the association;

b/ For a provincial association, at least 50 citizens and/or institutions in the province meeting membership criteria and filing an application to voluntarily join and establish the association;

c/ For a district association, at least 20 citizens and/or institutions in the district meeting membership criteria and filing an application to voluntarily join and establish the association;

d/ For a communal association, at least 10 citizens and/or institutions in the commune meeting membership criteria and filing an application to voluntarily join and establish the association;

e/ For a national or provincial association with members being representative of Vietnamese economic organizations with the legal entity status, at least 11 legal entity representatives in different provinces or 5 legal entity representatives operating in the same business or domain, respectively, meeting membership criteria and filing an application to voluntarily join and establish the association.

For a professional association of particular specialty, the minimum number of citizens and institutions voluntarily joining and establishing the association shall be considered and decided on a case-by-case basis by competent state agencies specified in Article 14 of this Decree.

Article 6. Boards to campaign for the establishment of associations

1. To establish an association, its founders shall set up a board lo campaign for such establishment. This board shall be recognized by the state management agency in charge of the sector or domain in which the association will operate.

2. The head of this board must be a Vietnamese citizen, permanently reside in Vietnam, have the full civil act capacity and good health, and be known for the domain in which the association will operate.

3. The number of the board's members is provided as follows:

a/ At least 10. for a national or an inter-provincial association:

b/ At least 5, for a provincial association;

c/ At least 3. for a district or communal association;

d/ At least 5. which represent economic organizations, for a national association of economic organizations; at least 3. which represent economic organizations in the province, for a provincial association.

4. A dossier of request to recognize a campaigning board shall be made in 2 sets. Such a dossier comprises:

a/ An application for recognition of a campaigning board, clearly stating the association's name, guidelines, goals, domain of operation, scope of operation, tentative time for its establishment and temporary venue of meeting;

b/ A list and resumes of expected board members, indicating their full names, dales of birth, places of residence; educational levels; and professional qualifications.

5. Recognition of campaigning boards

a/ Ministries and ministerial-level agencies performing the stale management of the sectors or domains in which associations will operate shall recognize boards lo campaign for the establishment of national or inter-provincial associations;

b/ Provincial-level departments performing the state management of the sectors and domains in which associations will operate shall recognize boards to campaign for the establishment of provincial associations:

c/ People's Committees of districts, towns and provincial cities (below referred to as district-level People's Committees) shall recognize boards to campaign for the establishment of district or communal associations.

When the chairperson of a district-level People's Committee is authorized by the chairperson of a provincial-level People's Committee to establish: divide, separate; merge; consolidate: dissolve: rename and approve charters of. communal associations: specialized divisions of that district-level People's Committee shall recognize boards to campaign for the establishment of communal associations:

d/ Within 30 days after receiving a complete and lawful dossier, a competent state agency specified at Points a. b and c. Clause 5 of this Article shall consider the dossier and recognize a campaigning board. In case of refusal, it shall issue a written reply clearly stating the reason.

6. Tasks of a recognized campaigning board:

a/ To mobilize citizens and institutions to join the association:

b/ To complete the dossier of application to establish the association under Article 7 of this Decree. After completing preparations for the association establishment, to make 2 sets of the dossier and submit them to the Ministry of Home Affairs, for a national or an inter-provincial association: to a provincial-level Home Affairs Department, for a provincial, district of communal association: or a district-level Home Affairs Division (when the chairperson of a provincial-level People's Committee authorizes the chairperson of a district-level People's Committee to establish communal associations)

A campaigning board will automatically dissolve when the association congress elects the association's leadership board.

Article 7. A dossier of application for association establishment

1. An application to establish the association.

2. Draft association charter.

3. Plan of operation.

4. List of members of the campaigning board recognized by a competent state agency.

5. Judicial record of the campaigning board's head.

6. Written certification of the association's planned head office.

7. Statement of assets voluntarily contributed by members (if any).

Article 8. Principal contents of an association charter

1. Name of the association.

2. Guidelines, goals and domain and scope of operation of the association.

3. Tasks and powers of the association.

4. Organization and operation principles of the association.

5. Formalities to admit to and leave the association, competence to admit and exclude members.

6. Membership criteria.

7. Rights and obligations of members.

8. Structure, organization, formalities to elect and relieve from duty; tasks and powers of the leadership board, the inspection board and other leadership posts of (he association; voting principles and forms.

9. Assets, finance and modes of managing assets and finance of the association.

10. Dissolution conditions and payment and settlement of assets and finance.

11. Commendation, disciplining; complaints and settlement of internal complaints.

12. Formalities to amend and supplement the association charter.

13. Effect.

Article 9. Responsibilities of state agencies competent to license association establishment upon receipt of application dossiers

Competent state agencies specified in Article 14 of this Decree shall issue a receipt when receiving dossiers of application for association establishment. Within 60 days after receiving a complete and lawful dossier, a competent state agency shall consider and license the establishment of an association. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 10. Time limit for organizing congresses to establish associations

Within 90 days from the effective date of the decision to license the establishment of an association, the campaigning board shall hold a congress to establish the association.

Past this time limit, if the congress is not held, within 15 days after the deadline set in Clause 1 of this Article, the campaigning board shall send a written request to extend the time to hold such congress to the state agency which has licensed the association establishment. The extended time must not exceed 30 days. Past this time limit, if the congress is not held, the decision to license the association establishment ceases to be effective.

Article 11. Main activities of a congress to establish an association

1. Announcing the decision to license the association establishment.

2. Discussing and passing the association charter.

3. Electing the leadership and inspection boards.

4. Passing the association's working agenda.

5. Adopting the congress's resolution.

Article 12. Reporting on congress results

Within 30 days after a congress, the leadership board of an association shall send congress documents to the state agency licensing the association establishment, including:

1. The association charter and minutes to pass the charter;

2. Minutes of election of the association's leadership and inspection boards (enclosed with lists of members) and resume of the association head;

3. The association's working agenda;

4. The congress resolution.

Article 13. Approval and effect of association charters

1. Competent state agencies specified in Article 14 of this Decree shall approve association charters already passed by congresses. When an association charter contravenes law. a competent state agency may refuse to approve it and request its modifications.

2. An association charter takes effect on the date a competent state agency approves it.

Article 14. State agencies competent to license the establishment: division, separation; merger: consolidation, renaming and approve charters, of associations

1. The Minister of Home Affairs shall license the establishment; division, separation; merger; consolidation; dissolution, renaming, and approve charters, of national or inter-provincial associations unless otherwise provided by laws or ordinances.

2. Chairpersons of provincial-level People's Committees shall license the establishment; division, separation; merger; consolidation; dissolution, renaming, and approve charters, of provincial associations. Based on local realities, chairpersons of provincial-level People's Committees may authorize chairpersons of district-level People's Committees to license the establishment; division, separation; merger; consolidation; dissolution, renaming, and approve charters, of communal associations.