Chương 7 Nghị định 45/2010/NĐ-CP quy định về tổ chức, hoạt động và quản lý hội: Quản lý nhà nước đối với hội

Chapter VII

STATE MANAGEMENT OF ASSOCIATIONS

Article 36. State management of associations

1. To elaborate and submit for promulgation or promulgate legal documents on associations.

2. To guide ministries, branches, localities, associations and citizens in implementing the law on associations.

3. To license the establishment; division, separation: merger; consolidation: dissolution; and renaming and approve charters, of associations under Article 14 of this Decree.

4. To provide professional guidance for cadres and civil servants engaged in the management of associations.

5. To propagate and disseminate the law on associations.

6. To inspect and examine the observance of the law on associations; to examine associations in observing their charters.

7. To manage the conclusion of international cooperation agreements related to associations under law.

8. To settle complaints and denunciations, to handle violations of the law on associations.

9. To review and report on the organization, operation and management of associations.

The Ministry of Home Affairs shall assist the Government in performing the unified state management of associations nationwide.

Article 37. State management by ministries and ministerial-level agencies of national associations operating in the domains under their management

1. To give written opinions to competent state agencies specified in Article 14 of this Decree on the licensing of establishment: division, separation: merger; consolidation: dissolution: and renaming and approval of charters of associations; to recognize campaigning boards according to their competence.

2. To promulgate mechanisms and policies for associations to participate in programs, projects, studies and social counseling, critical comments and examination, provide public services, and provide training and issue certificates of professional practice in the sectors and domains under their management under law; to guide and facilitate associations in holding term-based congresses: to collect opinions of associations to improve regulations on state management of sectors and domains.

3. The Ministry of Finance shall specifically guide stale budget supports for associations engaged in activities related to the State's tasks; and the management and use of assets and finance of associations; and manage the receipt and use of funds donated by foreign organizations and individuals to associations.

4. To inspect, examine, settle complaints and denunciations and handle violations of the law on associations related to the sectors and domains under their management or propose competent state agencies to handle such violations under law; to propose the dissolution of associations.

Article 38. State management of provincial associations by provincial-level People's Committees

1. To exercise the powers specified in Clause 2, Article 14 of this Decree and perform the state management of the organization and operation of associations.

2. To inspect and examine the observance of the law on associations.

3. To settle complaints and denunciations and handle violations of the law on associations.

4. To consider and provide supports for associations operating within their localities.

5. To consider and license associations operating within their localities to receive domestic and overseas donations under law.

6. To direct provincial-level departments, divisions and branches, and district- and commune-level People's Committees in managing associations.

7. To annually review and report to the Ministry of Home Affairs on the organization, operation and management of associations in their localities.

Article 39. Commendation

1. An association which makes major contributions to socio-economic development may be commended under slate regulations.

2. An association member who makes many achievements may be commended under the association charter and state regulations.

Article 40. Handling of violations

1. Those violating the right to establish associations or abusing the name of associations to operate unlawfully shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability. When causing material damage, they shall compensate under law.

2. Those abusing their positions and powers to license the establishment of associations in contravention of this Decree shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability under law. When causing material damage, they shall compensate under law.

3. Leadership boards or representatives of associations that deliberately prolong the term of a congress against association charters or fail to fulfill their obligations under associations' regulations shall, depending on the nature and severity of their violations, be handled under law.