Detailed regulations on implementation of procedures for form an association

Detailed regulations on implementation of procedures for form an association in 2024

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Detailed regulations on implementation of procedures for form an association in 2024

Associations, associations, general associations, federations, associations, and clubs are all different names for the association, as stipulated in Decree 45/2010/ND-CP. In this article, Viet My Law and Accounting will guide you on the procedures and procedures for obtaining permission to form an association.

Content:

1. Legislation on the form an association

Associations and associations established by a person are considered to be a common, community-based and highly humanistic activity. In order to facilitate those who share the same common purpose, the State has established legislative regulations so that everyone in the organization can understand and understand the necessary requirements.

1.1. Concept of association

The Association and Association can be interpreted as an organization created on the basis of people’s willingness to help work together in the registered sector, which also contributes to the country’s economic and social development. However, when the associations that are organized by the founder want to go into operation, it will be necessary to ensure the regulations that the State has reached.

1.2. The principle of association

– Voluntary, self-governing.

– Party level, public, democratic, transparent.

– Securing operating expenses.

– Not for personal gain.

– To comply with the Constitution, laws and the charter of the association.

1.3. Scope of operation

– The scope of Hiep Hiep’s activities throughout the country

– To be under the management of the relevant Ministries.

2. Conditions for the form an association

When establishing an association, it is necessary to comply with the Decree established by the State. The association has various names such as associations, general associations, federations, associations, clubs with legal status or other names but must still comply with the law. To be able to obtain permission from the State to establish an association, it is necessary to meet the conditions set out.

Based on Article 5 of Decree 45/2010/ND-CP of the State, very specific provisions in establishing associations include the following:

– The purpose of the association shall not be contrary to law; it shall not overlap in its name or in major areas of activity with the association recognized by the State so that it is legally established in the same territory;

– On a charter;

– Headquartered;

– There are a certain number of Vietnamese citizens and organizations registered to participate in the establishment of the association:

+ At the time of establishment of the association, there must be a national or inter-provincial scope and at least 100 workers, so that they can be organized in qualified, voluntary provinces, as well as registration of participation in the establishment of the association; ;

+ To have a range of activities in the province and to have at least 50 citizens and organizations in full of voluntary conditions and to have applications for participation in the establishment of the association; ;

+ If operating in the district, at least 20 citizens are needed to be able to organize in the district, which is also eligible, voluntarily and registered to establish a association; ;

+ The association operating in the commune requires at least 10 citizens, so that it can be organized in the district with full conditions, voluntarily, and registered to establish the association; ;

+ Viet Nam’s legal economic institutions will be representatives of the associations of economic institutions, with coverage throughout the country and 11 provincial representatives participating. Associations with provincial scope of operation must have at least 5 legal entities in the same province with the same profession or in the same field of qualification, voluntarily, and have applications to participate in the association.

In the case of professional-specific professional associations, the number of citizens as well as organizations voluntarily registering to participate in the establishment of associations determined by the competent State agency shall be stipulated in Article 14 of the Decree.

For each professional profession with specialized characteristics, the number of citizens and voluntary organizations registered to participate in the establishment of the association will be reviewed and approved by the competent authority in specific cases.

3. Procedures for form an association

Step 1: Prepare a Campaign Committee

a) Number of members:

According to the provisions of Article 5 of Decree 45/2010/ND-CP, each association has been divided according to the place of operation in which many members or more are permitted to operate by the State agency.

b) Dossiers for Preparation of the Campaign Committee:

– Application for recognition of the advocacy group for establishment of the association

Application for recognition of the advocacy group for establishment of the association

– List and horizontal excerpts of the expected person in the household formation advocacy group

c) Jurisdiction over dossiers:

Pursuant to legal provisions of Article 14 of Decree 45/2010/ND-CP, as follows:

Nationwide or interprovincial scope: Minister of Home Affairs authorizes the establishment of the Association

Within the province: Chairman of Provincial People’s Committees.

Within the scope of commune activities: Chairman of the district-level People’s Committees may be authorized by the Commission to establish

– Ministries and equivalent agencies of the Ministry of Household Management in the sector and areas where the association has planned to operate and establish the association have national or inter-provincial areas;

– Department of State management in the sector and the main sector in which the association has planned to operate and operate across the country and across provinces; ;

– The provincial People’s Committees of districts and towns and cities have made a decision to recognize the promulgation of advocacy for establishment of associations within the districts and communes

If there is a case in which the Chairman of the District People’s Committee authorized by the Chairman of the Provincial People’s Committee under the local central government is to be established for the association with a social scope, the professional department under the District People’s Committee shall decide to recognize it and an athletic committee with a commune scope.

d) Licensing period: 30 days

Step 2: Form a Association

a) Preparation profile:

– Application for permission to form the association.

– Draft charter.

– Expected direction of operation.

– List of people in the advocacy group for establishment of the association is recognized by the competent state agency.

– Judicial background of the head.

– Written confirmation of the proposed location of the association’s headquarters.

– The declaration of assets is voluntarily contributed by their founders (if any).

b) Administrative procedures implementing unit:

– The Minister of the Interior shall grant permission to establish a association with a national or inter-provincial scope (unless otherwise specified).

– The Chairman of the Provincial People’s Committees shall be allowed to establish a association within the scope of their activities in the province.

c) Licensing period: 60 days

Step 3: Conduct the Congress

Within ninety days from the date on which the decision to permit the establishment of the association takes effect, the advocacy group for establishment of the association must organize the general meeting.

Step 4: Report the results of the Congress

The leadership of the association sent the documents of the general meeting to the State agency decided to permit the establishment of the association within thirty days from the date of the general meeting, including these documents:

– Charter and minutes of approval of the charter of the association; ;

– Minutes of the election of the leadership committee, the inspection committee (with a list attached) and the record of the head of the association;

– Programme of activities of the association; ;

– Resolution of the general meeting.

* Note: Since it is an organization designed for all Vietnamese people to participate voluntarily, the founder of the organization must be a Vietnamese citizen, have permanent residence in Vietnam, and have full capacity for civil acts in accordance with law and in the field of the association.

4. Common question

4.1. How are the individual members of the association regulated?

This is a voluntary organization of citizens and Vietnamese organizations in the same profession, of the same interests, of the same gender, that all participants share the same purpose, operate regularly, not for other purposes than protecting the rights and legitimate interests of associations and members. in the community; always supporting together in activities to be productive, contributing to the country’s socio-economic development.

The association has different names: associations, general associations, federations, associations, associations, and clubs with legal status and other names as stipulated by law (commonly known as associations).

When naming the association in Vietnamese, the symbolic name does not overlap with or confuse the name of another association previously established; and does not violate social morality, fine customs or cultural traditions.

The Association has legal status, headquarters, seals, and accounts and may have separate symbols. If the Association wants to operate in Vietnam, it must be based in Vietnam.

4.2. Are associations established required to have their own signs?

Answer: Yes. These associations are established and divided into a variety of diverse and larger categories than other types of organizations. The established associations have different names to help distinguish as well as be associated with their own mark-ups, which are considered criteria for bringing together members to form an organization.

4.3. What characteristics does the association usually have?

– The Association has legal status; ;

– The association has many other names as stipulated by law; ;

– When the association operates on Vietnamese territory, the name of the association is written in Vietnamese, translated into ethnic minority and foreign languages. Note that the name and symbol of the association are not allowed to coincide with previous associations.

– There must be a headquarters located in Vietnam with separate seals, accounts and symbols.

4.4. What authority does the state agency have when reviewing the dossiers of establishment of associations?

When the Association submits the application to the State agency, there must be a receipt. Within the time limit specified in the law (60 days) when all applications have been received. The competent authority shall approve the decision on permission to establish the association; in case of non-agreement, it shall be in writing and clearly state the reasons therefor for the sender of such dossier.

4.5. What departments does the organization consist of?

As stipulated in Article 19 of Decree 45/2010/ND-CP, the structure of the association consists of the following components:

“Article 19. Organizational structure of the association

The organization structure of the association consists of:

1. General meeting;

2. Board of management;

3. Inspection boards;

4. Other organizations stipulated by the charter of the association.”

Above are the legal regulations on the form an association of the VIET MY LAW AND ACCOUNTING that we have provided to you. We are always ready to support you with the best services. If you have any questions, please contact the Viet My Legal Consulting Center at 0981.345.339. We are always ready to answer your questions.

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Author

Nguyen Thanh Phuc

Mr. Nguyen Thanh Phuc has more than 15 years of experience in business administration, consulting, legal support, tax and strategic consulting. Mr. Nguyen Thanh Phuc is a leading expert in the field of Law and Accounting in Vietnam, founder of the Viet My Law and Accounting brand, which has successfully franchised more than 30 branches nationwide. Viet My is the only Vietnamese brand reputable enough to franchise and succeed in the fields of Law and Accounting.

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