When establishing an association, the founder must meet the conditions for establishing an association according to the provisions of Decree 45/2010/ND-CP issued on April 21, 2010. The following article will help readers understand more about the laws set forth by the State when establishing an association.

1. Principles for establishing an association

Based on the regulations set forth by the State, when an association is organized, its activities must be carried out according to the following principles:

– Self-management; voluntary;

– Equality, democracy, transparency, publicity;

– Ensuring the association’s operating costs;

– Not operating for profit purposes;

– Complying with the Constitution, legal regulations and association charter.

2. Conditions for establishing an association

According to the legal provisions of Decree 45/2010/ND-CP issued on April 21, 2010, the State has set out the conditions for the establishment of association. These conditions include the following:

– The purpose of the association must not be contrary to the provisions of law, the name and main field of activity of the association must not overlap with previous associations in the same territory.

– The Association must have a charter

– The Association has a headquarters

– When registering to participate in the establishment of the Association, there must be the following number of Vietnamese citizens and organizations:

+ Within the whole country or inter-provincial scope, there must be at least one hundred citizens and organizations in many provinces, fully qualified and must voluntarily submit an application to participate in the establishment of the Association

+ Within the scope of the province’s activities, there must be at least fifty people, fully qualified and must voluntarily submit an application to participate in the establishment of the Association

+ Within the scope of the district’s activities, there must be at least twenty people, operating within this scope, fully qualified and must voluntarily submit an application to participate in the establishment of the Association

+ Within the scope of the commune’s activities, there must be at least ten citizens, fully qualified and must voluntarily submit an application to participate in the establishment of the Association

+ Representatives of economic organizations with legal status of Vietnamese legal entities are Associations of economic organizations, must have a scope of operation within Nationwide, there must be at least ten legal representatives in the provinces and cities. When operating in a province, there must be at least five legal representatives in the same profession or in the same field of operation who fully meet all conditions and are voluntary. When registering to join the association, there must be an application to join the association.

3. Scope of operation of the association

According to the provisions of current law, the State has strict regulations on the scope of operation of an association when it is established in our country as follows:

– Scope of operation nationwide or inter-provincial

– Scope of operation in a province or city but directly under the Central Government (generally called province)

– Scope of operation in a district, county, town, city directly under the province (called district)

– Scope of operation in a commune, ward or town (called commune)

4. Procedures for establishing an association

Our country’s law has set out very strict regulations for an association to be established. Moreover, if you want an association to operate, you must prepare complete documents and follow each step prescribed by law.

4.1. Documents for establishing an association

– Application for establishment of the association;

– Draft charter;

– Decision to recognize the Association’s Organizing Committee;

– Judicial records of the head of the Association’s Organizing Committee;

– List of initial members registered to join the association;

– Legal documents on the house and land where the association’s headquarters is located.

+ In case of renting a house or land owned by a private individual, the house rental contract must be submitted and must be certified by a civil servant or a competent State agency

+ In case of state ownership, there must be opinions from the competent State agency for use as well as the State management agency for rented or borrowed houses and land. However, within the prescribed time limit (from the date of submission of all documents)

– Declaration of assets voluntarily contributed by the founders (if any).

4.2. Procedures for establishing an association

When establishing an association, it is necessary to comply with the following steps:

Step 1: The association establishment committee with the scope of activities (determined by law) must send the application for establishing the association to the People’s Committee (Department of Home Affairs)

Step 2: When receiving the application for consideration and if any additional documents are needed, the State official must request additional documents to ensure that the application is complete and legal.

Step 3: When receiving a complete application, the Department of Home Affairs must study, appraise and carry out the process of collecting opinions from relevant agencies, synthesizing opinions, and requesting additional documents (if any).

Step 4: Within the prescribed time, the People’s Committee must consider and decide to allow the establishment of the association. If in case of disagreement, the application must be re-submitted and the reasons for non-acceptance must be clearly stated.

5. Frequently Asked Questions

5.1. How many days does it take to resolve?

– There is a decision to recognize the Association’s Organizing Committee within 30 days from the date the competent authority receives complete and legal documents.

– There is a decision to allow the establishment of the Association within 60 days from the date the competent authority receives complete and legal documents.

5.2. Which state agency has the authority to approve the association’s establishment dossier?

Establishment; division, separation; merger; dissolution; consolidation; renaming; approval of charter (scope of operation nationwide or inter-provincial) unless otherwise prescribed: Minister of Home Affairs.

Scope of operation within the province: Provincial People’s Committee. Based on the actual terrain in the localities, the Chairman of the Provincial People’s Committee authorizes the Chairman of the District People’s Committee to carry out the approval within the scope of operation of the commune

5.3. What powers does the Association have?

– To organize and operate in accordance with the Association’s Charter previously approved by the competent authority.

– To propagate the Association’s operational purposes to its members.

– To represent members in internal and external relations if they are related to the functions and tasks of the Association.

– To protect the legitimate rights and interests of the Association and its members in accordance with the Association’s charter and objectives.

– To organize and coordinate activities among members for the common interests of the Association; this is to help resolve disputes within the Association.

– To disseminate and train knowledge for members; to provide necessary information to members in accordance with the provisions of law.

– To participate in programs, projects, topics, to provide consultation, criticism, and to conduct social appraisals as requested by state agencies; Providing public services on issues related to the Association’s field of operation, organizing vocational training and vocational transmission.

– Establishing a legal entity under the Association in accordance with the provisions of law.

– Participating in giving opinions on legal documents related to the Association’s activities in accordance with the provisions of law. Making recommendations to competent authorities when facing issues related to the development of the Association as well as the Association’s field of operation. Being organized for training, fostering, organizing other service activities in accordance with the provisions of law and being granted a practice certificate when meeting the conditions prescribed by law.

– Cooperating with agencies and organizations to fulfill the Association’s tasks.

– Membership fees and revenues from business and service activities are raised for the Association on the basis of the association.

– Receiving legal funding sources from many domestic and foreign organizations and individuals based on the regulations set forth by the State. Associations are all supported by the State with funds for activities related to the tasks assigned by the State.

– When the Association joins the relevant international organizations as well as signs and implements international agreements according to the regulations set forth by the State, it also reports to the competent management agency of the industry and field in which the Association operates, the agency that decides to allow the establishment of the Association in joining the international organization.

5.4. What are the functions of the Association?

– Propaganda, mobilization, gathering members to participate in activities related to the industry and field in which the Association is operating

– Represent the Association to help protect the legitimate rights and interests of members in activities related to the industry and field of operation of the Association in accordance with the provisions of law and the Association’s Charter.

– Consulting and commenting on contents related to the Association’s field of operation; as well as establishing an association to act as a bridge between the Association’s members and relevant agencies to resolve issues related to the Association’s activities.

– Support members in stabilizing, expanding, developing research, consulting, investing, training, and professional development activities

– Promote research, science – technology, consulting, investing in the transfer of science and technology and services; consulting, organizing, and cooperating in organizing conferences and seminars on industries and fields related to the Association.

5.5. How many names does the Association have? What are those names?

The Association has many different names, but these names must comply with legal regulations.

The Association has the following main names: association, general association, federation of associations, federation, association, club with legal status or other names but must comply with legal regulations.

Above is all the detailed information about the conditions for establishing an association. If readers still have questions about the documents, procedures or need support, you can contact VIET MY LAW AND ACCOUNTING for support.