Associations are a common concept today, with many organizations being established under various names, each holding different meanings. So, what does the law say about associations and their establishment? Please refer to the article below to learn more about the latest 2024 regulations on Documents for Association Establishment.

1. Requirements for Association Establishment

An association is a voluntary organization of Vietnamese citizens who share common professions, interests, gender, or goals. These associations are formed to provide mutual support on related issues. For instance, a hometown association consists of people born in the same region who help each other in a school or a foreign country. But what are the requirements and documents for association establishment?

According to Article 5 of Decree 45/2010 by the Government, the conditions for establishing an association are:

• The association must have lawful objectives and must not duplicate the name or primary activities of any previously established association in the same territory.
• The association must have a charter.
• The association must have a headquarters.
• The association must have a sufficient number of Vietnamese citizens or organizations registered to establish the association:
  • For nationwide or interprovincial activities, at least 100 citizens or organizations from various provinces must voluntarily join and submit an establishment application.
  • For provincial activities, at least 50 citizens or organizations from the province must join voluntarily and submit an establishment application.
  • For county-level activities, at least 20 citizens or organizations must join voluntarily.
  • For activities within a commune, at least 10 citizens or organizations from the commune are required.
  • For economic organizations’ associations, with legal status in Vietnam, there must be at least 11 representatives from various provinces for nationwide activities.
  • For provincial-level economic organizations, at least five representatives are needed from the province, working in the same industry or sector.

For professional associations with specialized fields, the number of citizens and organizations required to establish the association is determined by the relevant authorities, according to Article 14 of Decree 45/2010.

Thus, the conditions for membership and scope of activity vary, with larger scopes requiring more members. Additionally, all participants must voluntarily register to join. Therefore, when encouraging members to join, a written application must be submitted; without it, they are not considered members.

For example, the Vietnam Student Association is one of the largest and oldest associations, active in universities across the country. It was established to support and help Vietnamese students, meeting the conditions required and aligning with the development goals of its target groups nationwide.

2. Important Documents Required for Association Establishment

Documents for Association Establishment are regulated under Article 7 of Decree 45/2010 of the Government (amended by Decree 33/2012), including the following:

1. Application for association establishment approval.
2. Draft association charter.
3. List of members in the association establishment committee, recognized by the competent state authority.
4. Criminal record of the head of the establishment committee.
5. Document confirming the proposed location for the headquarters.
6. Inventory of assets contributed voluntarily by the founders.

Thus, when establishing an association, it is necessary to complete the relevant documents for state authorities to store and manage the association’s activities. These documents should be fully prepared before submission to the appropriate state agency. Depending on the scope of the association’s activities, the documents must be submitted to different authorities, with each area of operation managed by a specific department.

3. What is the Process for Establishing an Association?

To establish an association, the following steps must be followed:

Step 1: Establishing the Organizing Committee

The organizing committee needs to meet specific membership requirements based on the scope of the association’s activities:

• For national or inter-provincial associations, the committee must have at least 10 members.
• For provincial associations, at least 5 members.
• For district or commune-level associations, at least 3 members.
• For economic organizations, national associations must have at least 5 members in the organizing committee, and provincial associations must have at least 3 members representing economic organizations.

The required Documents for Association Establishment include: a request for the recognition of the organizing committee and a list of the proposed members.

The application should be submitted to the relevant administrative authorities:

• For nationwide or inter-provincial activities, submit to the Ministry or a related department.
• For provincial activities, submit to the provincial Department.
• For district-level activities, submit to the district or commune authority.

The approval process for the organizing committee takes up to 30 days. After approval, the committee can begin recruiting members for the association within the registered scope. Once enough members are recruited, the process of forming the association can continue.

Step 2: Establishing the Association

To formally establish the association, the following Documents for Association Establishment are required:

• Application for association establishment approval.
• Draft association charter.
• Proposed activity plan for the association.
• List of recognized members of the organizing committee (approved during Step 1).
• Criminal record of the head of the organizing committee.
• Confirmation of the proposed location for the association’s headquarters.
• Inventory of assets contributed by the founders.

Once all documents are prepared, the application must be submitted to the appropriate administrative authority:

• For national or inter-provincial associations, submit to the Ministry of Home Affairs.
• For provincial associations, submit to the provincial People’s Committee. Depending on local conditions, the provincial People’s Committee may delegate authority to district-level authorities for smaller associations.

The approval process typically takes around 60 days.

Step 3: Hold the General Assembly

Within 90 days of receiving approval for the association’s establishment, the organizing committee must hold a general assembly. During this period, the members should plan the assembly’s date, agenda, and the election of key leadership positions.

This assembly is mandatory and serves as a platform for members to approve the association’s operational guidelines. Additionally, it sets the foundation for regular annual assemblies to review and report on the association’s activities.

Step 4: Report the Results of the General Assembly

Within 30 days of the general assembly, the association’s leadership must send a report to the relevant authorities. This report should include:

• The approved association charter and minutes from the assembly.
• Election results for the leadership and supervisory boards (with accompanying member details).
• The association’s activity program.
• Resolutions passed during the assembly.

In conclusion, associations must follow a clear and legally-regulated process to be established and maintain compliance with state regulations. Proper documentation ensures that the association’s activities align with its objectives, promoting growth and supporting its members.

For more information on the Documents for Association Establishment, contact Viet My Accounting and Legal Services.

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