Chương 5 Nghị định 45/2010/NĐ-CP quy định về tổ chức, hoạt động và quản lý hội: Chia, tách; sáp nhập; hợp nhất; giải thể và đổi tên hội

Chapter V

DIVISION. SEPARATION: MERGER; CONSOLIDATION: DISSOLUTION AND RENAMING OF ASSOCIATIONS

Article 25. Division, separation; merger: consolidation; dissolution and renaming of associations

1. Depending on requirements and capacity of associations, their leadership boards may request competent state agencies specified in Article 14 of this Decree to license the division, separation; merger; consolidation; dissolution or renaming of associations The division, separation; merger: consolidation; dissolution and renaming of associations comply with law.

2. An association dissolves in the following cases:

a/ Dissolution on its own;

b/ Dissolution under the decision of a competent slate agency specified in Article 14 of this Decree.

Article 26. Associations dissolving on their own

An association dissolves when:

a/ Its term of operation ends:

b/ Its dissolution is requested by more than half of its official members;

c/ Its goals are achieved.

Article 27. Responsibilities of the leadership board of an association dissolving on its own

1. To send to competent state agencies specified in Article 14 of this Decree the following documents:

a/ Application for dissolution of the association;

b/ Resolution on the association dissolution;

c/ Statement of assets and finance;

d/ Plan to handle assets and finance and deadlines to pay debts.

2. To notify involved organizations and individuals of its debt payment deadlines (if any) under law in 5 consecutive issues of, a central newspaper, for a national or an inter-provincial association; or of a local newspaper, for a provincial association.

Article 28. Decision on association dissolution

Competent state agencies specified in Article 14 of this Decree shall decide to dissolve an association within 15 days after the deadlines to pay debts and liquidate assets and finance specified in the association's application for dissolution if no complaint is lodged.

The association terminates its operation on the effective date of the dissolution decision issued by a competent state agency.

Article 29. Associations subject to dissolution

An association shall be dissolved under the decision of a competent state agency specified in Article 14 of this Decree when:

1. It fails to operate for 12 consecutive months;

2. Its leadership board fails to observe the congress's resolution on the association's dissolution:

3. Its activities seriously violate law.

Article 30. Responsibilities of competent state agencies upon association dissolution

When an association is dissolved, a competent state agency specified in Article 14 of this Decree shall:

1. Issue a decision to dissolve the association;

2. Publish such decision in 3 consecutive issues of a central newspaper, for a national or an inter-provincial association, or of a local newspaper, for a provincial association. .

Article 31. Handling of assets and finance upon dissolution; consolidation: merger; division and separation

1. Assets of a dissolved association shall be handled as follows:

a/ For assets and finance funded by domestic and overseas organizations; or supported by the State for which the association has fulfilled related obligations and paid debts, the remaining assets and financial balance shall be decided by competent state agencies:

b/ For the association's own assets and financial sources for which the association has fulfilled related obligations and paid debts, the remaining assets and financial balance shall be decided by the association under its charter.

2. Handling of assets and finance of a consolidated association:

a/ After a new association is formed from the consolidation of other associations, former associations cease their existence and the new association may enjoy the lawful rights and interests of. and shall be liable for unpaid debts and service contracts currently performed by, the former associations:

b/ Assets and finance of former associations may not be divided or moved, but shall be all transferred to the new association.

3. Handling of assets and finance of a merged association:

a/ Assets and finance of an association merged into another shall be transferred to the latter:

b/ The merging association may enjoy the lawful rights and interests related to the merged association's existing assets and finance and shall be held liable for unpaid debts related to assets and finance of. and service contracts currently performed by. the merged association.

4. Handling of assets and finance of a divided or separated association:

a/ After an association is divided, it shall terminate its operation and rights and obligations related to assets and finance shall be transferred to the new association under the association division decision;

b/ After an association is separated into different associations, those associations shall perform the rights and obligations related to their assets and finance in line with their operation goals.

Article 32. Right to complain

An association subject to dissolution which disagrees with the dissolution decision may lodge a complaint under law. Pending the settlement of its complaint, it may not operate.