Decree 126/2024/ND-CP on the organization, operation and management of associations

DECREE

Defining the organization, operation and management of associations

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Pursuant to Article 25 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on the Right to Establish Associations dated May 20, 1957;

Pursuant to the Civil Code dated November 24, 2015;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on the State Budget dated June 25, 2015;

Pursuant to the Accounting Law dated November 20, 2015;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008;

Pursuant to the Law on Public Employees dated October 15, 2010;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and Law on Public Employees dated November 25, 2019;

Pursuant to the Anti-Corruption Law dated November 20, 2018;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree on defining the organization, operation and management of associations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the establishment, organization, operation and state management of associations established and operating in Vietnam.

Article 2. Subjects of application

1. This Decree shall apply to Vietnamese organizations and citizens related to the establishment, organization, operation and state management of associations. In case specialized laws have specific provisions on the organization and operation of associations that are different from this Decree, such specialized laws shall apply.

2. This Decree does not apply to:

a) The Vietnam Fatherland Front, the Vietnam General Confederation of Labour, the Vietnam Farmers' Union, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, the Vietnam War Veterans Association;

b) Religious organizations and belief establishments;

c) Organizations of employees at enterprises under the Labor Code.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. An association means a voluntary organization of Vietnamese citizens or institutions with the same sector, business, interest or in the same circle that unite for a common goal and operate regularly and are not-for-profit for the purpose of protecting lawful rights and interests of the association, its members and the community; and supporting one another to operate effectively, contributing to national socio-economic development, national construction and defense. Associations shall be organized and operate under this Decree and relevant legal documents.

2. Not-for-profit purpose means that the association has no goal of seeking profits, profits generating during the association’s operation (if any) shall not be divided to its members but be only used for activities stated in the association's charter that has been approved by a competent state agency;

3. The database on associations is a collection of information for the state management function on associations and operation of associations to store and share information about the associations.

Article 4. Scope of operation

Scope of operation of associations (based on administrative boundary):

1. Associations operating nationwide or within more than one province.

2. Associations operating within a province.

3. Associations operating within a district.

4. Associations operating within a commune (student unions at universities and colleges are determined to be equivalent to associations operating within a commune).

Article 5. Principles of organization and operation of associations

1. Voluntariness, autonomy.

2. Democracy, equality, publicity, transparency.

3. Self-financing.

4. Not for profit.

5. Compliance with the Constitution, observance of the Party’s line and policies and the State’s policies and laws and the association's charter.

Article 6. Names, logos, head offices, seals and accounts of associations

1. Associations may be called differently as society, association, confederation, league, union of associations, general association, club and other names under law regulations (below collectively referred to as associations) and must meet conditions defined in Clause 1 Article 10 of this Decree.

2. An association's head office must be based in Vietnam within the scope of its activities and has a specific and clear address.

3. An association has the legal entity status, seal, account and possibly a logo in accordance with law regulations.

Article 7. State policies on associations

1. Encourage and facilitate associations to participate in service provision activities, participate in consulting, reviewing policies, programs, projects, subjects, projects and other activities in accordance with law regulations.

2. Provide financial support in accordance with law regulations associated with the tasks assigned by the competent authority specified in Article 8 of this Decree.

3. Provide information, disseminate and propagate the State's policies and laws.

Article 8. Authorities competent to assign tasks to associations

1. The Government, the Prime Minister, ministers, heads of ministerial-level agencies and central competent authorities shall assign tasks to associations operating nationwide or within more than one province.

2. Provincial-level People’s Committees, Chairpersons of provincial-level People’s Committees and competent authorities in the provinces shall assign tasks to associations operating within the provinces and districts.

3. District-level People’s Committees, Chairpersons of district-level People’s Committees and competent authorities in the districts shall assign tasks to associations operating within the districts and communes.

4. Commune-level People’s Committees, Chairpersons of commune-level People’s Committees and competent authorities in the communes shall assign tasks to associations operating within the communes.

Article 9. Database on associations

1. The database on associations is connected to the National Public Service Portal and the Public Service Portal of the Ministry of Home Affairs; other national databases, databases of ministries, ministerial-level agencies, government-attached agencies, People's Committees of provinces and centrally run cities and district-level People's Committees to support the settlement of association-related procedures and the management of associations’ activities according to decentralization.

2. Information in the database on associations

a) Information in the database on associations include

Information established when a campaigning board for establishment of an association proposes to establish the association;

A valid digitally signed electronic copy or copy of the dossier of application for establishment, division, separation, merger, consolidation, dissolution, renaming, approval of charter or amendment and supplementation of association charter;

Some information about the personnel of the association’s executive committee or other name (hereinafter referred to as the association’s executive committee), the association’s standing committee or other name (hereinafter referred to as the association’s standing committee); the association's president, vice president; organizational structure, headquarters, telephone number, and tenure of office of the association;

Regular and ad hoc reports;

Information on the association's assets and finances;

Other relevant information (if any);

b) Information in the database on associations is established from the following sources:

Information updated on the National Public Service Portal and the Public Service Portal of the Ministry of Home Affairs;

Information of associations provided in their dossiers of application for establishment, division, separation, merger, consolidation, dissolution, renaming, approval of charter or amendment and supplementation of association charter;

Information updated by the associations to the database;

Information provided by state management agencies in the operation fields of associations;

Information digitized and standardized from decisions on handling of administrative procedures related to associations;

Information shared, converted, and standardized from previously established databases.

3. Principles of building, update, management, exploitation and use of the database on associations:

a) Do not provide information that is a state secret related to the organization and operation of the associations in accordance with the law regulations on state secrets;

b) Decentralize the updating, management, exploitation, use of of the database on associations and connect the establishment of the database on associations with the electronic administrative procedure handling;

c) Information in the database on associations must be stored fully and accurately; exploited and used for the right purposes and effectively in accordance with law regulations;

d) The database on associations must be strictly and securely protected in accordance with law regulations; comply with technical regulations and standards on information technology; ensure compatibility, safety and continuous connection throughout the entire system of databases;

dd) Comply with the law on cyberinformation security and other relevant law regulations.

4. Management, exploitation and provision of information in the database on associations:

a) The Ministry of Home Affairs shall take the prime responsibility for the establishment and operation of the database on associations; promulgate regulations on management, exploitation and operation of the database on associations and provide guidance on carrying out administrative procedures online after the database on associations is established and operated; issue codes and identification accounts to competent state management agencies, provincial-level People's Committees, district-level People's Committees and associations;

b) Competent state management agencies, provincial-level People's Committees, district-level People's Committees and associations shall be responsible for accessing and exploiting the database on associations in accordance with regulations;

c) The Ministry of Home Affairs, competent state management agencies, provincial-level and district-level People's Committees and associations shall be responsible for regularly updating information in the database on associations.

Chapter II

ESTABLISHMENT OF ASSOCIATIONS

Article 10. Conditions for establishing an association

1. Name of the association must ensure the following conditions:

a) The name of an association shall be written in Vietnamese or transliterated into Vietnamese, or in a foreign language if it is unable to be transliterated into Vietnamese; and may be transcribed or translated into ethnic minority or foreign languages ​​in accordance with law regulations;

b) It is consistent with the association's operation guidelines, purposes, operation scope and major operation areas;

c) It must not be identical or confusingly similar to or include the name of another lawfully established association;

d) It must not violate social ethics and national fine customs, practices and cultural traditions.

2. Its major operation areas must not be identical to those of another association that was legally established previously within the same operation scope.

3. It has operation guidelines, purposes and operation areas in compliance with law regulations.

4. It has a charter, except for associations defined in Clause 5 Article 21 of this Decree.

5. Its head office complies with Clause 2, Article 6 of this Decree.

6. A sufficient number of Vietnamese organizations and citizens registering to participate in the establishment of the association is required, except otherwise defined by law or ordinance:

a) For an association operating nationwide or within more than one province, at least 100 institutions and/or citizens in two or more provincial-level administrative units meeting membership criteria and voluntarily filing an application for participation in establishment of the association;

b) For an association operating within a province, at least 50 institutions and/or citizens in two or more district-level administrative units meeting membership criteria and voluntarily filing an application for participation in establishment of the association;

c) For an association operating within a district, at least 20 institutions and/or citizens in two or more commune-level administrative units meeting membership criteria and voluntarily filing an application for participation in establishment of the association;

d) For an association operating within a commune, at least 10 institutions and/or citizens in a commune-level administrative unit meeting membership criteria and voluntarily filing an application for participation in establishment of the association;

dd) For an association of economic organizations operating nationwide or within a province with members being representative of Vietnamese economic organizations with the legal entity status, at least 11 legal entity representatives in different provinces or 5 legal entity representatives in the province operating in the same business or domain, respectively, meeting membership criteria and voluntarily filing an application to participate in the establishment of the association.

7. Have assets to ensure the association’s operation.

Article 11. Campaigning boards for association establishment

1. Vietnamese organizations and citizens wishing to establish an association must establish a campaigning board for association establishment (including the expected head, deputy head and members) in accordance with Clauses 2, 3, 4 and 5 of this Article and request the competent state agency prescribed in Clause 2 Article 12 of this Decree to recognize campaigning board for association establishment.

2. Members of the campaigning board for association establishment are Vietnamese organizations and citizens who are dedicated, responsible, and work in the field in which the association plans to operate or work in the field related to the field in which the association plans to operate. Members of the campaigning board for association establishment must meet the following conditions:

a) For an organization:

Being legally established with charter or document stipulating the functions and tasks of the organization; filing an application to participate in the campaigning board for association establishment;

There is the leadership's resolution or the competent head’s decision on participating in the campaigning board for association establishment and appointing a representative to participate as a member of the campaigning board for association establishment. The person appointed as a representative is a Vietnamese citizen with full civil act capacity, good health and doesn’t have criminal records.

b) For a citizen: filing an application to participate in the campaigning board for association establishment, having full civil act capacity,  assure good health and having no criminal records.

3. Members of the campaigning board for association establishment who are cadres, civil servants, or public employees must obtain the written consent to participate in the campaigning board for association establishment from the competent agency in accordance with regulations on decentralization of cadre management.

4. The head of the campaigning board for association establishment must have good political and moral qualities, experience, prestige, and knowledge in the field in which the association plans to operate, and must reside permanently in Vietnam.

5. The number of the board's members is provided as follows:

a) At least 10 members to ensure the representation of regions, for an association operating nationwide or within more than one province;

b) At least 5 members in two district-level administrative units or more, for an association operating within a province;

c) At least 3 members, for an association operating within a district or a commune.

6. The campaigning board for association establishment shall be recognized by a competent state agency when it meets the conditions specified in Clause 1, Clause 2, Clause 3, Article 10 of this Decree.

 The campaigning board for association establishment consists of the head, deputy head and members.

7. The campaigning board for association establishment shall be responsible for:

a) Mobilize Vietnamese organizations and citizens to register to participate in establishing the association in accordance with Clause 6 Article 10 of this Decree;

b) Within 12 months from the effective date of the decision on recognition of campaigning board for association establishment, the campaigning board for association establishment shall complete 01 dossier of application for association establishment prescribed in Clause 1 Article 13 of this Decree and send it to the competent state agency defined in Clause 2, 3 or 4 Article 15 of this Decree.

8. The campaigning board for association establishment shall dissolve on its own after the organization of a founding congress to elect the association's executive committee.

Article 12. Dossiers, procedures and competence of recognition of campaigning boards for association establishment

1. A dossier of request to recognize a campaigning board for association establishment shall be made in 01 set, including:

a) Application for recognition of the campaigning board (original), stating clearly the name of the association, the necessity of establishing the association, the association's operation guidelines, purposes and major operation areas in which the association plans to operate, the scope of operation, the expected time to prepare for establishment of the association, and the temporary meeting place;

b) Original list of candidates for the campaigning board, including the following contents: full name; date of birth; hometown; educational level; professional level; position, work unit (if any); title in the campaigning board; permanent or temporary address; contact phone number and related documents (original) prescribed in Clause 1 and Clause 2, Article 11 of this Decree;

c) Curriculum vitae (made using the form issued together with this Decree) and judicial record certificate No. 1 (original) of members of the campaigning board for association establishment issued for no more than 06 months counted to the date of dossier submission; if such members are cadres, civil servants, or public employees who are approved in writing by the competent agency to participate in the campaigning board for association establishment in accordance with regulations on decentralization of cadre management, they do not have to submit a judicial record certificate No. 1;

d) Consent of the competent agency according to regulations on decentralization of cadre management for cadres, civil servants and public employees participating in the campaigning board (original).

2. Competence of recognition of campaigning boards:

a) Ministers and heads of ministerial-level agencies performing the state management of the sectors or domains in which the associations plan to operate shall decide on the recognition of campaigning boards for establishment of associations operating nationwide or within more than one province;

b) Chairpersons of provincial-level People’s Committees shall decide on the recognition of campaigning boards for establishment of associations operating within a province;

c) Chairpersons of district-level People’s Committees shall decide on the recognition of campaigning boards for establishment of associations operating within a district or commune.

3. Within 30 working days after receiving a complete and lawful dossier, a competent state agency specified in Clause 2 of this Article shall consult agencies related to the association’s operation, consider the dossier and decide on the recognition of campaigning board for association establishment. In case of refusal, it shall issue a written reply clearly stating the reason.

4. After the deadline specified at Point b Clause 7 Article 11 of this Decree, if the campaigning board for association establishment fails to submit the complete and valid dossier in accordance with regulations to the competent state agency specified in Clause 2, 3 or 4 Article 15 of this Decree, the decision on recognition of campaigning board for association establishment shall automatically cease to be effective.

Article 13. A dossier of application and procedures for association establishment

1. A dossier of application for association establishment shall be made in 01 set, including:

a) Application for establishment of an association, made according to the form issued together with this Decree (original);

b) Draft charter, made according to the form issued together with this Decree;

c) Decision on recognition of campaigning board of association establishment together with the list of members of the campaigning board (original);

d) List and application for participation in establishment of the association of Vietnamese organizations and citizens registering to participate in the establishment of the association (original);

dd) Curriculum vitae, made using the form issued together with this Decree and judicial record certificate No. 1 (original) of the head of the campaigning board for association establishment issued for no more than 06 months counted to the date of dossier submission;

e) Consent of the competent agency according to regulations on decentralization of cadre management for cadres, civil servants or public employees being the head of the campaigning board (original).

g) Documents proving the legal right to use the proposed location of the association's headquarters in accordance with the law regulations (original or certified copy);

h) Declaration (original) of assets used for the association's establishment voluntarily contributed by the campaigning board for association establishment (if any);

i) Commitment to ensure operating expenses during the association's first term if it is allowed to be established (original).

2. Within 60 working days from the date of receipt of a complete and lawful dossier as prescribed in Clause 1 of this Article, the competent state agency prescribed in Clause 2, 3 or 4, Article 15 of this Decree shall coordinate with relevant agencies related to the association's activities to decide to permit the establishment of the association; in case of refusal, it shall reply in writing, clearly stating the reason.

Article 14. Principal contents of an association charter

1. Name of the association.

2. Operation guidelines, purposes and domain and scope of operation of the association.

3. Legal status, headquarters of the association.

4. Organization and operation principles of the association.

5. Rights and obligations of the association.

6. Membership criteria.

7. Rights and obligations of members; procedures for registration of participation in the association; procedures for leaving the association, competence to admit and expel members.

8. Organizational structures, methods of election, relief from duty and relief from office; duties and powers of the association’s congress, executive committee, standing committee, inspection committee; establishment and management of organizations of the association; principles and forms of voting; policies and regimes for people working at the association.

9. Legal representative of the association; duties and powers, methods of election, relief from duty, relief from office, working suspension, permission for returning to work, criteria, conditions, age, health, term of office of the president, vice president and other positions (if any).

10. Division, separation, merger, consolidation, renaming, suspension of operation for a definite time and dissolution of the association.

11. Assets, finance, management and use of assets and finance of the association.

12. Commendation, discipline, handling of violations.

13. Settlement of disputes, reports, petitions, complaints and denunciations related to the organization and operation of the association.

14. Other contents (if any) in conformity with the law regulations.

15. Amendment and supplementation of the charter.

16. Effect.

Article 15. Competence to resolve association-related procedures

1. The Prime Minister shall approve the charters for associations operating nationwide with the Party’s designated representations.

2. The Minister of Home Affairs shall permit the establishment, division, separation, merger, consolidation, dissolution, renaming, approval of charter; suspend operation for a definite of time, and permit the resumption of operation for associations operating nationwide or within more than one province, except for cases in which laws and ordinances provide different regulations on the establishment and approval of association charter of the associations.

3. Chairpersons of provincial-level People's Committees have the competence to recognize the campaigning boards of establishment of associations; permit the establishment, division, separation, merger, consolidation, dissolution, renaming, approval of charter; suspend operation for a definite of time, and permit the resumption of operation for associations operating within the relevant provinces.

4. Chairpersons of district-level People's Committees have the competence to recognize the campaigning boards of establishment of associations; permit the establishment, division, separation, merger, consolidation, dissolution, renaming, approval of charter; suspend operation for a definite of time, and permit the resumption of operation for associations operating within the relevant districts and communes.

Article 16. Time limit for organizing founding congresses

1. Within 60 working days from the date a decision on permission for establishment of an association is issued, the campaigning board for association establishment shall hold a founding congress. If the 60-working-day period expires and the campaigning board for association establishment has not yet prepared to hold the founding congress, within 15 working days from the date of expiry of the 60-working-day period, the campaigning board for association establishment shall proactively send a written request for extension to the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree.

2. The extension period shall not exceed 30 working days from the date the competent state agency issues a written permission for extension.

3. The decision on association establishment permission shall expire in the following cases:

a) The association fails to hold the congress within the prescribed time limit and does not have a written request for extension as prescribed in Clause 1 of this Article;

b) The campaigning board for association establishment fails to hold the founding congress after the extension period prescribed in Clause 2 of this Article, except for force majeure cases.

4. When the decision on association establishment permission expires under Clause 3 of this Article, the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree shall issue a decision on revocation of decision on association establishment permission. An association having the decision on association establishment permission revoked shall not be re-established within 03 years from the date of revocation of such decision.

5. The decision on establishment of the campaigning board for association establishment shall automatically cease to be effective when the decision on association establishment permission is revoked in accordance with regulations.

Article 17. Members

Members of an association include official, associate and honorary members as defined by the association’s charter:

1. Official members

a) Vietnamese citizens and institutions that agree with the association's charter, voluntarily apply to join the association and meet membership criteria under the association's charter may become official members of the association. If the member is a Vietnamese organization, the representative of the organization participating in the association must be a Vietnamese citizen;

b) Members who register to participate in the establishment of the association are naturally official members of the association.

2. Associate members:

Vietnamese organizations or citizens that do not have conditions or do not meet criteria to become official members of the association but agree with the association’s charter and voluntarily apply to join the association may become the association's associate members.

3. Honorary members:

Prestigious Vietnamese organizations and citizens who have made many contributions to the association are invited to become the association's honorary members.

4. Associate and honorary members of an association have the rights and obligations like official ones except for the right to vote and the rights to elect, nominate and stand for election to the association’s executive committee and inspection committee.

5. Criteria and procedures for admitting members, removing members from the association, rights and obligations of official, associate and honorary members are stipulated in the association's charter in accordance with law regulations.

Chapter III

ORGANIZATION OF ASSOCIATIONS

Article 18. Organizational structure of associations

1. Congresses.

2. Executive committee.

3. Standing committee.

4. Inspection committee.

5. The organizations under the association as prescribed in Article 25 of this Decree are decided by the association based on the association's nature, scope and scale of operation, in accordance with law regulations and the association's charter.

Article 19. Congresses

1. The highest leading organ of an association is its congresses. Congresses may be held as plenary congress or congress of delegates.

2. Conditions for organization of a congress:

a) The founding congress is held if more than half of the people registering to participate in the establishment of the association that are stated in the dossier of application for association establishment are present;

b) A term-based congress or ad hoc congress is held if more than half of the official members are present, for a plenary congress; or more than half of the official delegates are present, for a congress of delegates. An ad hoc congress is convened when at least 2/3 of the total number of executive committee members or more than half of the total number of official members request it;

c) In case the number of delegates attending the Congress is not sufficient as prescribed at Point a and Point b of this Clause, the campaigning committee for the establishment of association or the association's executive committee shall stop organizing the congress and lead, direct the association to organize the congress in accordance with this Decree;

d) Official delegates attending the congress may not authorize another individual to take their place, unless the congress accepts the authorization.

3. A congress can be held in person, or via an online application platform or, by both in-person and online methods as decided by the campaigning committee for the establishment of association or the current executive committee. The association shall be responsible for ensuring facilities, means, and human resources to organize its congresses in accordance with its charter, congress regulations, and law regulations.

4. Congress terms:

a) Congress terms are defined in the association’s charter, but must not exceed 5 years from the end of the congress of the previous term.

b) If having not yet organized a congress 30 working days before the end of a term, the association must report on the reasons to the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree for consideration and permission to extend the time to organize the congress. The extension period shall not exceed 12 months;

c) If the association fails to hold a congress within the extension period, the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree shall handle the violation in accordance with at Point c Clause 2 Article 30 of this Decree; except for force majeure cases.

5. Calculation of the time limit for holding term-based congress:

a) The term of the congress of the association shall comply with Point a Clause 4 of this Article. In case the association extends the term of the congress, the time limit for holding the next term's congress shall be counted from the date the association holds the term-based congress;

b) In case the association holds an ad hoc congress for approval of the change in its name, the time limit for holding the next term's congress shall be counted from the date the association holds the ad hoc congress;

c) For an association newly established due to division, separation; merger; or consolidation, the time limit for holding the next term's congress shall be counted from the date the association organizes the founding congress.

6. Principles for voting at the congress:

a) The voting of a congress may be carried out in the form of raising hands or casting secret ballots. The form of voting is decided by the congress or in accordance with the association's charter approved by a competent state agency;

b) The voting for approval of decisions of the congress must ensure that more than half of the convened official delegates attending the congress agree or as prescribed by the association's charter approved by a competent state agency.

7. 45 working days (for term-based congresses, and ad hoc congresses) or 15 working days (for founding congresses) before holding a congress, the association's executive committee or campaigning committee for establishment of association shall send 01 reporting dossier prescribed in Clause 8, Clause 9 or Clause 10 of this Article to the competent state agency prescribed in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree and the state management agency of the sections or fields in which the association operates.

8. A dossier of report on the organization of founding congress:

a) The association’s document to report on the organization of founding congress to the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree (original);

b) Personnel plan (original), stating clearly the criteria, structure, quantity, and expected list of members of executive committee, standing committee, inspection committee, the association’s president and vice presidents and other positions (if any);

c) Consent of the competent agency according to regulations on decentralization of cadre management, for personnel who are cadres, civil servants or public employees expected to participate in the executive committee, standing committee, or hold the positions of president and vice president (original).

In case the expected president of the association is not the head of the campaigning committee of association establishment, a curriculum vitae and judicial record certificate No. 1 (original) issued for no more than 06 months counted to the date of dossier submission is required additionally; if the above-mentioned expected president is a cadre, civil servant, public employee or a retired cadre, civil servant, public employee with written approval from the competent agency according to regulations on decentralization of cadre management, a judicial record certificate No. 1 is not required;

d) Expected time and location of the congress, number of invited delegates, official delegates attending the congress, expected congress program (original).

9. A dossier of report on the organization of a term-based congress (original):

a) The association’s document to report on the organization of term-based congress to the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree; if the activities of the term-based congress includes the content about change in the association's name, a written request for changing the association's name, stating clearly the reason and necessity for the change is required to be attached to;

b) Resolution of the association's executive committee on the organization of term-based congress and change in the association's name (if any);

c) Draft summary report on the work of the term and operation direction of the new term of the association; review report of the executive committee, inspection committee and financial report of the association; report on the number of members, clearly stating the number of official members of the association;

d) Draft (amended, supplemented) charter or draft charter with new name (if any);

dd) Personnel plan, stating clearly the criteria, structure, quantity, and expected list of members of executive committee, standing committee, inspection committee, the association’s president and vice presidents and other positions (if any);

e) Curriculum vitae and judicial record certificate No. 1 (original) issued for no more than 06 months counted to the date of dossier submission of the expected president of the association; if its expected president is a cadre, civil servant, public employee or a retired cadre, civil servant, public employee with written approval from the competent agency according to regulations on decentralization of cadre management, or is currently the association's president, the judicial record certificate No. 1 is not required;

g) Expected time and location of the congress, number of invited delegates, official delegates attending the congress, expected congress program;

h) Consent of the competent agency according to regulations on decentralization of cadre management for the personnel being cadres, civil servants or public employees expected to participate in the executive committee, standing committee or hold the association’s president or vice president;

i) Other contents under the competence of the congress as prescribed in the association's charter and law regulations (if any).

10. A dossier of report on the organization of an ad hoc congress (original):

a) The association’s document to report on the organization of ad hoc congress to the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree. If the activities of the term-based congress includes the content about change in the association's name, a written request for changing the association's name, stating clearly the reason and necessity for the change is required to be attached to;

b) The executive committee’s resolution on the organization of the ad hoc congress, clearly stating the contents of discussion and decisions at the congress;

c) Draft contents of discussion and decisions at the congress;

d) Expected time and location of the congress, number of invited delegates, official delegates attending the congress, expected congress program.

11. After receiving a complete and lawful report as prescribed in Clause 9 and Clause 10 of this Article and the consensus of agencies related in the main industry and field in which the association operates, the competent state agency prescribed in Clause 2, Clause 3, Clause 4 Article 15 of this Decree shall give written opinions on the organization of the congress.

12. The association shall organize the congress after receiving a written permission for organization of the congress from the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree.

Article 20. Major matters and voting principles at a congress

1. Main activities of a founding congress:

a) Announce and hand over the decision on permission for establishment of association;

b) Report on the number of delegates attending the congress and report on the verification of the qualifications of delegates attending the congress;

c) Approve the congress program, congress regulations, and election regulations;

d) Report on the results of the process of campaigning the establishment of the association;

dd) Discuss the charter that has been considered by the competent authority specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree upon permission of establishment of the association and vote on the charter;

e) Approve the congress personnel plan; vote on the number of members of executive committee and inspection committee for the entire term of the association; carry out the nomination and standing for election to the list of members of executive committee and inspection committee;

g) Elect the association’s executive committee and inspection committee;

h) Approve the association's term-based programs of activities;

i) Other issues (if any);

k) Adopt the resolution of congress.

2. Main activities of an term-based congress:

a) Report on the number of delegates attending the congress and report on the verification of the qualifications of delegates attending the congress;

b) Approve the congress program, congress regulations, and election regulations;

c) Discuss and approve the summary report of the term and the direction for the next term of the association; review reports of the executive committee and inspection committee; and financial reports of the association;

d) Discuss the change of the association’s name (if any); approve amendment and supplement to the charter or continuation of using the current charter;

dd) Implement division, separation; merger, consolidation (if any);

e) Approve the congress personnel plan; vote on the number of members of executive committee and inspection committee for the entire term of the association; carry out the nomination and standing for election to the list of executive committee and inspection committee;

g) Elect the executive committee; elect the inspection committee, except for associations to which the Party and State assigned tasks;

h) Other matters as provided in the association's charter (if any);

i) Adopt the resolution of congress.

3. Main activities at an extraordinary congress:

a) Report on the number of delegates attending the congress and report on the verification of the qualifications of delegates attending the congress;

b) Approve the contents of discussion and decisions at the congress;

c) Adopt the resolution of congress.

Article 21. Report on congress results, approve the association's charter

1. Within 30 working days from the end date of the congress, the association's executive committee shall send a dossier (original) to the competent state agency specified in Article 15 of this Decree, including:

a) Document reporting on the results of the congress, including the proposal to approve the association's charter and change in the association's name (if any). In case the congress decides not to amend or supplement the charter, the association shall report to the competent state agency specified in Article 15 of this Decree on the continued implementation of the current charter;

b) Draft charter or draft amended and supplemented charter (if any);

c) Minutes of the congress; minutes on the election of the standing committee, inspection committee and the positions of president and vice president of the association (with attached list);

d) In case the association's president is not the expected personnel reported to the competent state agency, the association shall additionally provide his/her curriculum vitae and judicial record certificate No. 1 issued for not more than 06 months counted to the date of dossier submission. If the president of the association being a cadre, civil servant, public employee or a retired cadre, civil servant, public employee possesses the written consent from a competent agency in accordance with regulations on decentralization of cadre management, he/she is not required to submit judicial record certificate No. 1;

dd) The association's working agenda;

e) The resolution of the congress.

2. Within 60 working days from the date of receipt of a complete and lawful dossier, the competent state agency specified in Article 15 of this Decree shall decide to approve the association's charter, provided that the association completes the draft charter in accordance with law regulations according to the opinions of agencies related to the association's field of operation. In case the content of the charter is contrary to the law regulations, the competent state agency shall refuse to approve it, request and guide the association to complete the association's charter to ensure compliance with the law regulations.

3. In case the association's charter is under the approval competence of the Prime Minister, the association shall submit the report on results of the congress, including the proposal for approval of the association's charter, to the Ministry of Home Affairs for submission to the Prime Minister for approval in accordance with regulations.

4. Effect of the association’s charter:

a) The charter of associations operating nationwide with the Party’s designated representations shall take effect from the date the Prime Minister decides to approve them;

b) The associations’ charters not specified at Point a of this Clause shall take effect from the date the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree decides to approve them.

5. If the congress resolution of an association operating within a province, district or commune with the same name, same major operation areas and being an organizational member of an association operating nationwide unanimously recognizes the charter of an association operating nationwide, the preparation of a separate charter is not required.

6. After the association reports on the complete and lawful results of the congress as prescribed in Clause 1 of this Article, the competent state agency prescribed in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree shall issue a notice on the association’s organization of congress complying with law regulations and the association's charter.

Article 22. Executive committee, standing committee, president and vice presidents of the association

1. Executive committee, standing committee

a) The executive committee elected by the congress is the leadership organ in the interval between two congresses. The standing committee elected by the executive committee is the leading organ in the interval between two meetings of the executive committee;

b) The quantity, structure, criteria, conditions, age, health, term of office, duties, powers, principles for operation of the executive committee and standing committee shall be defined by the association in conformity with the Party’s regulations, the State’s laws and its charter.

2. The association’s president and vice presidents are elected by the executive committee from among the standing committee’s members.

3. The election, relief from duty, relief from office, working suspension and permission for returning to work of the association’s president and vice presidents, members of executive committee, standing committee of the association shall be defined in its charter in conformity with law regulations. Associations to which the Party and State assigned tasks must report the competent authority for collection of opinions before the implementation.

4. The election of new president in accordance with law regulations and the association’s charter, or the assignment of a person to run the association's activities during the time when the association's president has not been elected and the relief from duty or relief from office of its president must be carried out at the same time. If the association's president is suspended from work, the permanent vice president shall operate its activities during such period of suspension; in case the association does not have a permanent vice president, a vice president shall be assigned to manage the association's activities.

5. The association shall detail cases subject to relief from duty, relief from office, working suspension, permission for returning to work of the association’s president and vice presidents, members of executive committee, standing committee of the association.

6. After the relief from duty or relief from office of its president and vice presidents, members of its executive committee and standing committee, the association shall submit a written report to the competent state agency. The written report must clearly state full name, reason for relief from duty or relief from office; attached with the meeting minutes on the relief from duty or relief from office; meeting minutes on election of the association’s president and vice presidents, members of executive committee, standing committee of the association; curriculum vitae and judicial record certificate No. 1 issued for no more than 06 months counted to the date of submission of report by the elected president. If a personnel of the association being a cadre, civil servant, public employee or a retired cadre, civil servant, public employee possesses the written consent from a competent agency in accordance with regulations on decentralization of cadre management, he/she is not required to submit judicial record certificate No. 1.

7. The association’s president is its legal representative nd takes the responsibility before the law for all activities of the association:

a) Criteria:

Observe and implement the Party’s line and policies and the State’s laws;

Have good political and moral qualities;

Have prestige and knowledge in the field in which the association operates;

Hold Vietnamese citizenship;

Have full civil act capacity, have no criminal records.

b) Conditions:

Do not hold the position of president of more than 02 associations;

Not be a cadre or civil servant in agencies or organizations that are directly managing or advising on state management of the association's major operation areas; except for cases in which such is decided by a competent authority according to regulations on decentralization of cadre management;

If the personnel expected to be the president is a cadre, civil servant, public employee or a retired cadre, civil servant, public employee, the written consent from a competent authority in accordance with regulations on decentralization of cadre management is required;

c) In addition to the general criteria and conditions defined at Point a, Point b of this Clause, the association shall detail the criteria, conditions, age, health, term of office of the president in conformity with the law regulations and the association's charter;

d) The responsibilities, duties and powers of the president are defined in the association's charter in accordance with the law regulations.

8. The criteria, conditions, quantity, age, health, term of office, responsibilities, duties and powers of the vice presidents, general secretary, members of the executive committee, standing committee, inspection committee are defined in the association's charter in accordance with the law regulations.

Chapter IV

OPERATION OF ASSOCIATIONS

Article 23. Rights of an association

1. To organize and operate according to approved association charter.

2. To propagate its operation guidelines and purposes. To provide information, disseminate the Party’s line and policies and the State’s policies and laws.

3. To represent its members in internal and external relations related to its rights and obligations.

4. To protect legitimate rights and interests of itself, its members and the community in line with its operation guidelines and purposes.

5. To organize and coordinate activities of its members for its common interests.

6. To provide and foster in knowledge for its members; to provide necessary information for its members under law regulations.

7. To participate in programs, projects, topics, scientific research and technology development tasks, consulting and giving of criticisms related to policies at the request of state agencies; participate in providing public services, organizing vocational training, and imparting vocational skills in accordance with law regulations.

8. An association operating nationwide or within more than one province may locate its branches or representative offices in provinces or centrally run cities other than the locality where its headquarters as prescribed in Clause 1 Article 25 of this Decree is located and may establish representative offices abroad.

9. To establish and strictly manage the association's organizations according to law regulations and the association's charter in conformity with the association's operation guidelines, purposes and operation areas.

10. To give opinions about the formulation of mechanisms and policies directly related to its functions, duties, powers and operation areas; To propose to competent state agencies matters related to its development and operation areas. To provide training and refresher training and other services in accordance with law regulations and issue practicing certificates, certificate of competence, other certificates related to its operation areas when fully meeting conditions under laws.

11. To coordinate with concerned agencies and organizations in performing its tasks.

12. To collect membership fees and operate its business and services for revenues in accordance with laws to cover its operational expenses.

13. To receive, manage and use legal funding and aid from domestic and foreign organizations and individuals in accordance with the law regulations, in line with the operation guidelines and purposes, functions and tasks of the association.

14. To receive the State's financial supports for activities related to the tasks assigned by the Party and the State (if any).

15. An association operating nationwide or within more than one province may join relevant international organizations and sign and implement international agreements under law regulations after competent authorities and related state agencies give the unanimous opinions about such joining, signing and implementation.

16. To carry out recommendation and discipline in accordance with laws and the association's charter.

17. To reconcile disputes, resolve reports, petitions, complaints and denunciations related to the association.

18. Other rights as prescribed by law.

Article 24. Obligations and responsibilities of an association

1. To comply with the competent agencies’ regulations and relevant laws on organization and operation of associations and its charter.

2. It is forbidden to take advantage of the association's activities to harm national security, social order, morality, customs, traditions, national cultural identity, and the legitimate rights and interests of organizations and individuals; to take advantage of beliefs and religions to carry out superstitious and heretical activities; to engage in illegal financial and business activities that disrupt the domestic market.

3. Do not recognize, honor, respect, or confer titles contrary to the law regulations.

4. To submit to the management by the state management agency in charge of the sectors or fields in which the association operates and by relevant agencies during its organization and operation in accordance with Article 43, Article 44, Article 45, Article 46, Article 47, Article 48, Article 49 and Article 50 of this Decree.

5. To gather and develop members; organize and coordinate activities among members for the common interests of the association and properly implement the association's operation guidelines and purposes.

6. To propagate and disseminate the Party's lines and policies, the State's policies and laws related to the association's operation areas, the association's charter, regulations, and train and update the knowledge for its members.

7. To propose amendments and supplements to the charter; strictly manage the activities of the association's organizations in accordance with law regulations and the charter; develop and perfect the association's regulations to serve as a basis for the association to organize and operate in accordance with law regulations and its charter.

8. To comply with regulations on receiving, managing and using foreign aid and other relevant law regulations; effectively manage and use funding and aid sources and be responsible as the owner of the aid account according to the law.

9. Report on the dossier on congress organization as prescribed in Clause 7 Article 19 of this Decree.

10. After relief from duty and relief from office, change in position of president, vice president, general secretary, members of executive committee, standing committee, inspection committee, change in headquarters, amendment, supplement of charter, the association must report on them to competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree and the state management agency in charge of the main areas and fields in which the association operates corresponding to its operation scope.

11. To report on the establishment of organizations under the association to the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree, the state management agency in charge of the main areas and fields in which the association operates corresponding to its operation scope and take the responsibility for leading, directing and directly and comprehensively managing the organization and activities of these organizations in accordance with the law regulations and the association's charter.

12. On an annual basis, the association must report on its organization and operation to the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree, the state management agency in charge of the main areas and fields in which the association operates corresponding to its operation scope, and to the People's Committees of the provinces where the association operating nationwide or within more than one province locates its headquarters, branches, and representative offices before December 31. Annual reports are made using Form No. 16, Appendix II issued together with this Decree.

13. To report on the results of resolving disputes, applications, petitions, reports, complaints and denunciations related to the association to competent state agencies.

14. To submit to competent state agencies' guidance, examination and inspection of its law observance and the association’s charter.

15. To formulate and store at the association's headquarters a list of members and organizations under the association, books and documents on the association's assets and finances, and minutes of meetings of the executive committee, standing committee, and inspection committee of the association.

16. The collected funds as prescribed in Clause 12, Clause 13, Clause 14 Article 23 of this Decree must be used for association activities in accordance with the association's charter and must not be divided among members.

17. The use of funds by the association must comply with the law regulations and its charter, ensuring publicity and transparency; the association must pay taxes, charges and fees, implement accounting, auditing, and statistical regimes in accordance with laws; register for a tax identification number and declare taxes according to the law on taxation. On an annual basis, the association shall report on its financial finalization in accordance with the State’s regulations to the financial agency at the same level, the state management agency in charge of the main areas and fields in which the association operates, and the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree corresponding to its operation scope. Be subject to inspection and examination of the collection, expenditure, management and use of finance and assets by the financial agency at the same level as the competent state agency permitting the establishment of the association or the financial agency of the competent state agency permitting the establishment of the association.

18. To promulgate regulations on the operation of the executive committee, standing committee, and inspection committee of the association; management and use of the association's assets and finances; commendation and discipline; management of members; handling of petitions, reports, disputes, complaints and denunciations related to the association; management and use of the association's seal and other regulations in accordance with the law and its charter.

19. To formulate and promulgate ethic rules to be complied with in its operation.

20. To update the organization and operation of the association into the database on associations and coordinate in the construction and operation of the database on associations.

21. To implement law regulations on anti-corruption, anti-money laundering, and counter-terrorism financing.

22. Other obligations as prescribed by law.

Article 25. Organizations under an organization

1. Branches and representative offices:

a) An association operating nationwide or within more than one province may establish branches or representative offices in provinces and centrally run cities other than the locality where its headquarters is located;

b) When wishing to establish a branch or representative office, the association must submit a dossier to the People's Committee of the province where the branch or representative office is expected to be located. Such a dossier must comprise:

Application for establishment of branch or representative office of the association (original), clearly stating: Name and head office address of the association; purpose, major operation areas, operation scope of the association; necessity of establishment of a branch or representative office; proposed name and address of the branch or representative office; content and operation scope of the branch or representative office and a number of basic information of the person expected to be the head the branch or representative office of the association (including: Full name, place of permanent residence, identity card number or citizen identity card number or people identity card number or passport number);

Documents proving the lawful right to use the proposed location of the association's branch or representative office in accordance with law regulations (original or certified copy or copy with the original presented for comparison is required);

Decision on establishment of the association and the association's charter (original or certified copy or copy with the original presented for comparison is required).

c) Within 30 working days after receiving a complete and lawful dossier, chairpersons of provincial-level People’s Committees shall consider and decide to license the establishment of the association's branch or representative office. In case of refusal, it shall issue a written reply clearly stating the reason;

d) The association shall report to the Ministry of Home Affairs, ministries and ministerial-level agencies in charge of state management of the sectors and fields in which the association operates according to regulations after the Chairperson of provincial-level People’s Committee agrees in writing to allow the establishment of branch or representative office;

dd) Branches and representative offices shall operate in accordance with law regulations and the association's charter. A branch or representative office shall be under the state management of the People's Committee of the province where the association's branch or representative office is located.

2. The office, specialized departments and divisions, and organizations with other names that are established by the association to advise and assist its executive committee and standing committee in performing their duties and powers under law regulations and the association's charter.

3. Inter-chapter organizations, chapters, sub-chapters or other names (hereinafter referred to as chapters) are organizations without legal entity status, own seals and accounts that are established under the association's charter. The chapters’ regular meeting place must be clearly stated in the establishment decision. Upon meetings, they must report to the local authorities in accordance with law on meetings.

4. An organization with legal entity status is established in accordance with law regulations to carry out the tasks of the association, in accordance with the operation guidelines, purposes and operation areas as prescribed in the association's charter:

a) The association shall be responsible for strictly and comprehensively managing these organizations, ensuring the not-for-profit principle in the process of organization and operation;

b) Conditions, procedures and dossiers for establishment shall comply with the specialized laws and other relevant laws. Before submitting the dossier for establishment to the competent agency, the association shall be responsible for collecting opinions from the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree corresponding to its operation scope;

c) Within 30 working days from the date of possessing the operation registration certificate or the operation license issued by the competent state agency, the association shall report on the establishment of the organization with the legal entity status to the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree corresponding to its operation scope for monitoring. Such a dossier must comprise:

Decision on establishment of organization with legal entity status (original);

Operation registration certificate or operation license issued by the competent state agency (original, or certified copy, or copy with the original presented for comparison is required);

Certificate of registration of seal sample (original, or certified copy, or copy with the original presented for comparison is required);

Decision on appointment of legal representative (original).

d) In case an organization with legal entity status operates in violation of the law, not in conformity with the association's operation areas, the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree has the right to request the association to issue a decision to dissolve it and request the competent state agency to revoke its operation registration certificate or operation license, and its seal.

5. The establishment, reorganization, arrangement and termination of operation of organizations specified in Clause 1, Clause 2, Clause 3 and Clause 4 of this Article shall comply with the association's charter and in conformity with law regulations.

6. When an association receives a decision on dissolution from a competent state agency as prescribed in Clause 2, Clause 3, Clause 4 Article 15 of this Decree, the organizations prescribed in Clause 1, Clause 2, Clause 3 and Clause 4 of this Article shall automatically cease operation and be dissolved in accordance with law regulations and the association's charter.

Article 26. Finance and assets of an association

1. Finance of the association:

a) Revenues:

Entrance fee, annual membership fee;

Revenues from association activities in accordance with law regulations;

Financial aid and supports from domestic and foreign organizations and individuals under law regulations;

The state budget shall provide support (if any) for tasks assigned according to law regulations;

Other lawful revenues.

b) Expenses:

Expenses for performing the association's tasks;

Expenses for performing assigned tasks (if any);

Expenses for renting headquarters and purchasing working equipment;

Expenses for implementing regimes and policies for those working at the association according to the association's regulations in accordance with law regulations;

Expenses for recommendation and other expenses according to the association's regulations.

2. The association's assets include headquarters and other legal assets as prescribed by law.

3. The management and use of the association's finances and assets shall comply with the civil law, laws on finance, accounting, auditing, statistics and the association's charter, ensuring the not-for-profit principle. For public assets, to comply with the law regulations on management and use of public assets.

4. The finance and assets of an association upon division, separation; merger; consolidation; suspension of operation for a definite time and dissolution shall be handled in accordance with Article 36 of this Decree and relevant law regulations.

Article 27. Procedure for support by the state budget for assigned tasks

1. For tasks assigned by competent authorities at central and local levels

a) Based on the policy of assigning tasks to the association by the competent authority, the association shall develop a project or implementation plan (which must detail the number and volume of tasks supported by the state budget):

For an association operating nationwide or within more than one province: The association shall consult with state management agencies in charge of its main operation sectors and areas, the Ministry of Finance, and agencies related to assigned tasks at the central level; consult with the Ministry of Planning and Investment on requests for support for development investment expenditure from the central budget to carry out public investment tasks (the time limit for response by the consulted agencies shall not exceed 15 working days);

For an association in the locality: The association shall consult with specialized state management agencies, financial agencies, planning and investment agencies, and relevant agencies at the same level in the locality (the time limit for response by the consulted agencies shall not exceed 15 working days).

b) After receiving opinions from the consulted agencies, the association shall complete the project or implementation plan (attached to opinions from the consulted agencies):

Submit it to the Prime Minister for consideration and promulgation of a decision on assignment of tasks, for associations operating nationwide or within more than one province;

Submit it to Chairpersons of People's Committees at all levels for consideration and promulgation of a decision on assignment of tasks, for associations operating within the province, district, and commune according to decentralization.

c) Based on the decision on assignment of tasks at Point b of this Clause:

The association shall prepare a budget estimate and send it to the financial agency at the same level for support from current expenditures from the state budget according to the law on the state budget.

The association shall prepare an investment plan and send it to the planning and investment agency at the same level, for support of development investment expenditures from the state budget for synthesis and submission to the competent authority according to the law on public investment.

2. For tasks allocated from the funding of the National target program, the financial mechanism of such National target program shall apply.

3. For tasks assigned to the association by central ministries and branches, the funding source is taken from the funding of the agencies assigning the tasks.

4. The management, use and finalization of assigned state budget funds shall comply with the law on state budget, law on public investment and relevant laws.

5. Associations to which the Party and State assigned tasks shall comply with Clause 2 and Clause 3 Article 39 of this Decree.

Article 28. Commendation

1. An association which makes major contributions to socio-economic development may be commended in accordance with law regulations on emulation and commendation.

2. Organizations, individuals, members, and employees of the association with many achievements may be commended by the association according to the association's regulations or proposed to competent state agencies for commendation in accordance with law regulations on emulation and commendation.

Article 29. Discipline and settlement of reports, petitions, disputes, complaints and denunciations related to associations

1. Members, organizations under an association and employees of the association who violate the association’s charter and regulations shall be considered and disciplined by the association according to the association's regulations. In case of material damage, they shall pay compensations and take responsibility in accordance with law regulations.

2. The settlement of applications, reports, petitions, disputes, complaints and denunciations related to the association shall be consulted and settled by the association's inspection committee in accordance with its charter and regulations; in case the association cannot resolve the matter, it shall be transferred to the court for settlement in accordance with the law regulations.

Article 30. Handling of violations

1. An association shall be considered to be applied the suspension of operation for a definite time by the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree when it is found to have violated one of the following regulations:

a) Violate the not-for-profit principle;

b) Complex issues related to security, social order and safety arise during the organization and operation process;

c) Violate law regulations on asset and financial management; on receiving, managing and using financial aid and assistance;

d) The association fails to report on congress results as prescribed in Article 21 of this Decree or fails to fully implement the annual reporting regime on the situation of organization, operation, and financial reports, and has been urged in writing by the competent state agency prescribed in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree but fail to remedy such situation after 30 working days from the date of receipt of the urging document.

dd) The association fails to report as prescribed after 60 working days from the date the association is granted a license to establish a representative office or branch or has a operation registration certificate or an operating license issued by a competent state agency for organizations with legal entity status as prescribed in Clause 4 Article 25 of this Decree or upon relief from duty, relief from office or change in the positions of  the association's president, vice president, general secretary, members of the executive committee, standing committee, inspection committee or change in the association's headquarters, representative office, or branch;

e) After 60 working days counted from the date the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 sends a written request for the association to perform one of the obligations and responsibilities specified in Clause 3, Clause 13, Clause 14, Clause 15, Clause 18, Clause 19, Clause 20, Clause 21 Article 24 of this Decree but the association fails to perform it;

g) After 90 working days from the date of receipt of the document from the competent agency that requests the association to resolve conflicts and disputes related to the association, the association fails to resolve them and fails to report on it to the competent state agency;

h) Report systematically incomplete or incorrect information related to the association's operations (including organizations with legal entity status under the association).

2. An association shall be dissolved under a decision of the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree if it commits one of the following violations:

a) Violate Clause 2 Article 24 of this Decree;

b) Self-organize a congress without the opinion of permission from a competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree;

c) The association fails to organize a congress after the extension period specified at Point c Clause 4 Article 19 of this Decree, except for force majeure cases;

d) Fail to report on its organization, operation and finance as prescribed or fail to publicize financial reports, finalization reports and audit conclusions (if any) for 02 consecutive years;

dd) The association suspended from operation for a definite time does not remedy the violations as prescribed in Clause 6 Article 33 of this Decree after the time limit;

e) After 180 days from the date of request from more than half of the total number of official members to dissolve the association, the association's executive committee does not carry out the procedure for self-dissolution of the association;

g) The association does not have enough members as prescribed in Clause 6, Article 10 of this Decree by the time of reporting on the organization of term-based congress to the competent state agency.

3. Those violating the right to establish associations, taking advantage of the name of the association to conduct illegal activities, 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. If causing material damage, they shall compensate under law.

Chapter V

CHANGE OF NAMES, DIVISION, SEPARATION, MERGER, CONSOLIDATION, SUSPENSION FOR A DEFINITE TIME AND DISSOLUTION OF ASSOCIATIONS

Article 31. Change of an association’s name

1. The change of its name is considered and approved by the association's congress, except for cases of changing the name due to division, separation, merger or consolidation.

2. Such new name of the association must comply with Clause 1 Article 10 of this Decree, not cause confusion and change its main operation areas, or cause confusion with the operation areas of legally established associations.

3. The association must amend its charter according to the new name. Such name change takes effect after the competent state agency specified in Article 15 of this Decree issues a decision permitting the name change and approving the association's charter.

Article 32. Division, separation, merger and consolidation of the association

1. The association's executive committee shall, depending on the association's requirements and operational capacity, request the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree to permit division, separation, merger, or consolidation. The division, separation, merger and consolidation of the association shall comply with this Decree, relevant laws and Clause 1 Article 10 of this Decree.

2. A dossier for division, separation, merger or consolidation of the association includes:

a) Application for division, separation, merger or consolidation of the association (original); stating clearly the reason, necessity and compliance with law regulations;

b) The plan for division, separation, merger or consolidation of the association that has been approved by its executive committee (original), with the contents: plan for handling of assets, finance, labor, and members; delimitation of functions, powers, and areas of operation; responsibilities and obligations to be performed; a list of the executive committee and inspection committee of the new association;

c) Resolution on division, separation, merger or consolidation of the association by its executive committee (original);

d) Draft charter of the association upon division, separation, merger or consolidation (original);

dd) Curriculum vitae and judicial record certificate No. 1 (original) issued for no more than 06 months counted to the date of dossier submission by the proposed president of the new association; for personnel participating in the executive committee of the new association, if they are subject to the management under regulations on decentralization of cadre management, or are cadres, civil servants or public employees, they must obtain the written consent from the competent agency (in such case, the proposed president of the new association does not have to provide judicial record certificate No. 1);

e) Documents proving the lawful right to use the proposed location of headquarters of the new association after division, separation, merger or consolidation of the association (original or certified copy or copy with the original presented for comparison is required);

3. Procedures for division, separation, merger or consolidation of the association:

a) The association carrying out the division, separation, merger or consolidation shall send 01 dossier prescribed in Clause 2 of this Article to the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree and the state management agency in the association’s main operation areas;

b) Within 60 working days from the date of receipt of a complete and legal dossier, the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree shall consider and decide to permit the division, separation, merger or consolidation of the association;

c) Associations that are divided, merged or consolidated (except for association separation) cease to exist after the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree issues a decision on permission of division, merger or consolidation of associations. Rights and obligations of the associations subject to division, merger or consolidation shall be transferred to the new associations. In case of association separation, the separated association and the new association resulting from the separation must jointly take responsibility for the rights and obligations of the association before separation.

4. Division, separation, merger, consolidation and dissolution of associations in cases of  change of administrative boundaries:

a) When there is a change in administrative boundaries due to division, separation, merger, or consolidation, the executive committee of an association operating within the relevant provinces, districts, or communes shall consider and decide on the division, separation, merger, consolidation, and dissolution in conformity with the new administrative units, and submit the dossier to the competent state agencies of the new administrative units as prescribed in Clause 3 and Clause 4, Article 15 of this Decree. The dossier shall comply with Clause 2 of this Article; the names of the associations established after division, separation, merger or consolidation shall be attached to the names of the new administrative units;

b) Within 60 working days from the date of receipt of a complete and legal dossier, the competent state agencies of the new administrative units specified in Clause 3, Clause 4 Article 15 of this Decree shall consider and decide to permit the division, separation, merger, consolidation, dissolution of the association.

5. Organization of congresses and approval of new charters after division, separation, merger or consolidation of the association:

a) Within 60 working days from the date the decision of the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree on permission of the division, separation, merger, consolidation of the association is issued, the new associations must organize a congress to approve the contents specified in Clause 1 Article 20 of this Decree;

b) The association shall report the results of the congress in accordance with Clause 1 Article 21 of this Decree to the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree to request the approval of the association's charter under the competence.

Article 33. Suspension of association's operation for a definite time

1. In case an association is found to have violated one of the following regulations defined in Clause 1 Article 30 of this Decree, it shall be considered to be applied the suspension of operation for at most 180 days by the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree.

2. After conclusion on the association's violation as defined Clause 1 of this Article, the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree shall consider and decide to apply the suspension of operation for a definite time.

3. During the suspension period, the association is only allowed to carry out activities to remedy the consequences of violations that have been concluded by the competent agency.

4.  During the period of operation suspension for a definite time, if the association completes the remediation of violations, the association shall submit a dossier of request for permission to resume its operation to the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree for consideration and decision; Such a dossier (original) includes:

a) The association's application for resumption of operation;

b) Report of the association's executive committee and documents proving that the association has remedied the violations.

5. After receipt of a complete and lawful dossier as prescribed in Clause 4 of this Article, the competent state agency prescribed in Clause 2, Clause 3, Clause 4 Article 15 of this Decree shall permit the resumption of the association; in case of refusal, it shall reply in writing, clearly stating the reason.

6. If the association fails to remedy its violation after the suspension period, the suspension period shall be automatically extended for 30 working days.  After such extended period, if the association fails to remedy the violation, the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree shall consider and decide to extend the suspension period. The extension period shall not exceed 60 working days. If the association fails to remedy the violations within the 60-working-day period, the competent state agency shall decide to dissolve the association.

7. Competent state agencies as prescribed in Clauses 2, 3 and 4, Article 15 of this Decree shall be responsible for reporting on the suspension of operation for a definite time or permission for operation resumption for associations to which the Party and State assigned tasks to competent authorities for opinions before considering and deciding such suspension of operation or permission for operation resumption as defined in this Decree.

Article 34. Associations dissolving on their own

1. An association dissolves when:

a) Its goals are achieved;

b) There are no more assets or conditions to ensure the activities of the association;

c) Upon request of more than half of the total number of official members or according to the resolution of the association's executive committee.

2. A dossier of dissolution includes:

a) Application for dissolution of the association;

b) Minutes with signatures of more than half of the total number of official members or resolution on dissolution of the association of the executive committee;

c) Statement of assets and finance;

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

3. The association shall send the dossier to the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree and notify the time limit for debt payment (if any) to relevant organizations and individuals in accordance with law regulations at its headquarters and representative office (if any) within 30 working days, for associations operating nationwide or within more than one province; or at its headquarters within 15 working days, for associations operating within the province, district, or commune.

4. Competent state agencies specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree shall decide to dissolve the association 15 working 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.

5. The association terminates its operation on the effective date of the dissolution decision issued by a competent state agency. A self-dissolving association is not allowed to re-establish within 5 years from the effective date of the dissolution decision.

Article 35. Associations subject to dissolution

1. An association shall be dissolved under a decision of the competent state agency specified in Clause 2, Clause 3 or Clause 4 Article 15 of this Decree if it commits one of the following violations defined in Clause 2, Article 30 of this Decree.

2. After the conclusion on the association violating one of the cases defined Clause 2 Article 30 of this Decree is issued, the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree shall:

a) Request the association make statement of assets and finance; plan to handle assets and finance and deadlines to pay debts in accordance with law regulations and the association’s charter;

b) Collect opinions from agencies related to the association's operation on dissolution of the association;

c) Announce the preparation for dissolution and the deadline for debt payment, finance and asset liquidation of the association in 03 consecutive issues of central printed or electronic newspapers, for associations operating nationwide or within more than one province, and local printed or electronic newspapers, for associations operating within the province, district or commune.

3. After the association completes debt payment and liquidation of assets and finances stated in the notice, the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree shall decide to dissolve the association.

4. 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.

5. The association terminates its operation on the effective date of the dissolution decision.

6. An association subject to dissolution is not allowed to re-establish within 5 years from the effective date of the dissolution decision, except for special cases considered and decided by competent authorities.

7. Upon dissolution of associations to which the Party and State assigned tasks, the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree shall report on it to the competent authority for opinions before consideration and decision on dissolution of associations as defined in this Article.

Article 36. Handling of assets and finances upon division, separation, merger, consolidation, suspension of operation for a definite time, dissolution of an association and revocation of the association's seal

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

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

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.

2. Handling of assets and finance of associations after merger:

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.

3. Handling of assets and finance of associations upon consolidation:

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.

4. Handling of assets and finance of an association subject to suspension of operation for a definite time:

During the period of operation suspension, the association is only allowed to spend regular expenses on the standing body assisting the association's operation until the competent state agency issues a decision.

5. Handling of assets and finance upon dissolution of the association:

a) Do not divide the association's assets. The sale and liquidation of its assets shall be carried out in accordance with relevant laws;

b) The entire amount of money available to the association and the proceeds from the sale and liquidation of the association's assets shall be paid in the following order:

Expenses for dissolution of the association;

Unpaid salaries, severance allowances, social insurance and health insurance premiums for employees as prescribed by law and other benefits of employees in accordance with the collective labor agreement and signed labor contracts;

Tax arrears and other liabilities.

c) The remaining assets and finances of the association and assets and finances of domestic and foreign organizations and individuals that are sponsored or aided by the agency at which level is authorized to be established shall be deposited into the budget at that level. For assets provided by the state budget or originating from the state budget (if any), the association shall transfer them to the financial agency at the same level corresponding to the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree for handling in accordance with the law on management and use of public assets.

6. When an association splits, merges, consolidates, or dissolves, the association shall inventory and classify assets to determine the handling of assets:

a) The management, use, and handling of its assets being public assets shall be comply with the law on public assets;

b) The management, use, and handling of its assets being formed from the association's own resources shall comply with the civil law, relevant laws, and the association's charter.

7. Revocation of the associations’ seals:

The revocation of seals for associations that change their name, are divided, merged, consolidated, have their operation suspended for a definite time, or are dissolved shall be comply with the law on seal management and use and relevant law regulations.

Chapter VI

A NUMBER OF REGULATIONS APPLICABLE TO ASSOCIATIONS TO WHICH THE PARTY AND STATE ASSIGNED TASKS

Article 37. Associations to which the Party and State assigned tasks

1. Associations to which the Party and State assigned tasks that operate nationwide are determined in the Appendix I issued together with this Decree.

2. Provincial-level People's Committees shall implement the consideration and decision for associations operating within the province, district, commune to which the Party and State assigned tasks after consulting with competent authorities in the provinces on the basis of associations with the payroll assigned, funding provided or supported, operation conditions, and regular tasks assigned by competent authorities, in accordance with the Party's regulations and specific conditions and requirements of the localities.

3. Associations to which the Party and State assigned tasks shall comply with general provisions in this Decree and regulations in Chapter VI.

Article 38. Rights, obligations and responsibilities of an association

1. Rights of an association:

a) To receive the information, the Party’s line and policies and the State’s policies and laws;

b) To give opinions about the formulation of mechanisms and policies directly related to its functions, duties, powers and operation areas;

c) To be assigned to perform a number of professional activities and public services suitable to its operation areas according to regulations;

d) To participate in consultation and criticism of policies, programs, topics and projects at the request of state agencies. To assume the prime responsibility for, or participate in, topics and projects related to the association's operation areas;

dd) To receive financial support from the State to perform assigned tasks;

e) To organize a number of economic activities; receive domestically and internationally legal resources in line with its operation guidelines and purposes, functions and tasks as assigned; cooperate with organizations and individuals; participate in people's foreign affairs activities and a number of cooperation mechanisms as prescribed by law.

2. Obligations and responsibilities of an association:

a) To disseminate, propagate, and mobilize members and people to implement the Party’s line and policies, the State’s policies and laws; policies and decisions related to the association's organization and operation; actively participate in the country's economic, cultural, and social development programs; carry out tasks assigned by the Party and the State, and strengthen social consensus;

b) To organize activities under the association's operation guidelines, purposes, functions and tasks; closely direct and manage the activities of legal entities under the association; manage and use assigned fundings, assets and funds in accordance with the Party’s regulations, the State's laws and the association's charter; comply with instruction, examination, supervision, inspection and audit of competent authorities;

c) To develop, gather, and unite members in patriotic emulation movements and campaigns; represent, protect, report, propose, and coordinate to resolve the legitimate and legal rights and interests of members and all classes of people;

d) Every 6 months, 1 year and upon request, to send reports on the organization and operation situation to competent authorities as prescribed, the Vietnam Fatherland Front Committee at the same level (if the association is a member organization of the Committee), competent state agencies specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree and state management agencies in charge of its main operation sectors and areas;

dd) To collect competent authorities’ opinions on annual programs and plans of activities and term-based congresses and ad hoc congresses as prescribed; invite representatives of competent authorities as prescribed to attend meetings of the Party’s designated representations (for associations with the Party’s designated representations) or to attend meetings of the standing committee (associations without the Party’s designated representations);

e) The change of names, division, separation, merger, consolidation, suspension for a definite time and dissolution of associations defined in Chapter V of this Decree must be approved by a competent authority;

g) The change of headquarters, opening of a representative office, establishment of an organization with legal entity status under the association must comply with law regulations and be notified in writing to the competent authority as prescribed, the competent state agency specified in Clause 2, Clause 3, Clause 4 Article 15 of this Decree and the state management agency in charge of the association's main operation sectors and areas corresponding to its operation scope;

h) To develop annual programs and plans, which must clearly identify the quantity and volume of tasks supported by the state budget and collect opinions about them from competent agencies assigned to monitor and direct the association before June 30.

Article 39. State policies on associations to which the Party and State assigned tasks

1. The central budget shall provide the following support for central associations to which the Party and State assigned tasks, including:

a) Expenses for salaries, allowances and other regimes and policies according to regulations, for persons of working age assigned or mobilized to work at the associations according to the competent agencies’ decision and those recruited within the association's payroll;

b) Remuneration regime for retired people holding the position of president and full-time vice president of the associations;

c) Expenses for regular activities calculated according to the allocation norms for expenditures for management of State, Party and mass organizations as for central state administrative agencies according to the payroll assigned;

d) Expenses for performing tasks assigned by competent authorities in Article 8 of this Decree;

dd) Facilities and means of operation according to the law on land, the law on public property, the law on the state budget and relevant laws;

e) The associations shall prepare an estimate of central budget support according to Points a, b, c and dd of this Clause according to the law on the state budget and send it to the Ministry of Finance.

2. Process of assigning tasks and providing financial support for associations to which the Party and State assigned tasks at central level:

a) For tasks in the annual program and plan of activities of the association with opinions from the competent agency assigned to monitor and direct the association, with the clearly identified tasks supported by the state budget (detailed quantity and volume of tasks), the association shall prepare an estimate and send it to the Ministry of Finance in accordance with the law on the state budget and relevant laws;

b) For tasks assigned by competent authorities to the association but not yet included in the annual program and plan of activities, if competent authorities have assigned detailed quantity and volume of tasks supported by the state budget, the association shall make an estimate and send it to the Ministry of Finance in accordance with the law on the state budget and relevant laws. In case a task assigned by the competent authority does not specify the quantity and volume of tasks supported by the state budget; the association shall develop a project or implementation plan (which defines in detail the quantity and volume of tasks supported by the state budget), and send it to the management agency in charge of the main operation sectors and areas, the Ministry of Finance and relevant agencies related to the assigned task for collection of their opinions (the time limit for response shall not exceed 15 working days). After receiving opinions from agencies, the association will receive and complete its project or implementation plan and submit it to the competent authority assigning tasks for decision.

Based on the opinions of competent authorities, the association shall prepare an estimate and send it to the Ministry of Finance in accordance with the law on the state budget and relevant laws;

c) For tasks under Point a and Point b of this Clause that are supported and use the public investment capital, the association shall implement them in accordance with the law on public investment;

d) For tasks assigned to the association by central ministries and branches, the funding source shall be taken from the funding of the agencies assigning the tasks.

dd) For tasks allocated from the funding of the National target program, the financial mechanism of such National target program shall apply.

3. For associations to which the Party and State assigned tasks at the localities, based on the financial support content in Clause 1 and Clause 2 of this Article, the People's Committees of provinces and centrally run cities shall provide financial support from the local budget in accordance with law regulations.

4. Support for facilities and means of operation for associations to which the Party and State assigned tasks shall be based on the balancing capacity of the state budget (central budget for associations to which the Party and State assigned tasks operating nationwide; local budget for associations to which the Party and State assigned tasks operating within the province, district, and commune) and the ability to mobilize financial resources of the associations.

Article 40. Policies and regimes for people working at associations to which the Party and State assigned tasks

1. People who work regularly at the association include: president, full-time vice president; people working in advisory and assisting units in the assigned payroll; persons working under labor contracts.

2. Recruitment, employment and management regime for regular employees at the association:

a) People of working age assigned or mobilized to work at the association by competent authorities shall comply with competent agencies’ decisions and people recruited within the association's payroll shall comply with law regulations on cadres and civil servants;

b) People working at the association who are retired and people working at the association who are of working age and not cases specified at Point a of this Clause shall sign labor contracts in accordance with law on labor.

3. Regimes related to salary, allowance, health insurance, social insurance, remuneration, recommendation, training, retraining and other policies and regimes:

a) People of working age assigned or mobilized to work at the association under competent agencies’ decisions and people recruited within the association's payroll that are assigned to the association by the competent authority shall enjoy the policies and regimes prescribed for cadres and civil servants and the retirement regime applicable to them shall comply with law regulations;

b) People working at the association who are not those specified at Point a of this Clause and Clause 4 of this Article shall enjoy wages, other regimes and policies decided by the association in conformity with the work requirements and legal financial resources of the association, ensuring reasonable correlation within the association and in accordance with the law on labor.

4. Retired people holding the positions of full-time vice president and president are entitled to remuneration in accordance with law regulations.

5. The funding for paying remuneration to the subjects specified in Clause 4 of this Article shall be taken from the annual state budget support provided to the association.

Article 41. An association's leadership bodies

1. National congress:

a) The national congress is the highest leading organ of the association, held every five years or irregularly when necessary. The current executive committee convenes the congress after the competent authority approves the congress organization plan, documents and personnel to be submitted to the congress. The congress may only be held when more than two-thirds of the delegates are present. An ad hoc congress is held when there is a proposal by more than two-thirds of members of the current executive committee and the consent of the competent authority. The number, structure, criteria, and conditions for delegates attending the congress are decided by the executive committee; the recognition or non-recognition of the delegate status is decided by the congress;

b) Tasks of the congress:

Evaluate the implementation results of the resolutions of the current term, decide on the direction, goals, tasks and solutions for the next term;

Discuss the change of the association’s name (if any); approve amendment and supplement to the charter or continuation of using the current charter;

Approve the personnel plan of congress submitted by the current executive committee;

Elect the new executive committee;

Other issues as prescribed in the association's charter;

Adopt the congress's resolution.

2. Executive committee, standing committee:

a) The executive committee is the leadership organ in the interval between two congresses. The standing committee is the leading organ in the interval between two meetings of the executive committee;

b) Tasks of the executive committee:

Develop a personnel plan of congress, specifically estimating the number, structure, criteria, and conditions of the executive committee, standing committee, standing board, and inspection committee for the new term;

Elect standing committee, president, vice presidents, inspection committee and head of the inspection committee of the association;

Other tasks as defined by the association’s charter in accordance with law regulations.

3. The standing board of the association consisting of full-time vice president and president is the body operating the daily work of the association.

Article 42. President, vice president and human resource process of executive committee, standing committee, inspection committee, president and vice presidents of the association

1. The association's president must satisfy the criteria and conditions as prescribed in Clause 7 Article 22 of this Decree and the competent authority’s regulations on health, age and term of office.

2. The association shall, based on the criteria and conditions for the association’s president, stipulate the criteria and conditions for its vice presidents and ensures the age, health, and term of office according to the competent authority's regulations.

3. The human resource process of executive committee, standing committee, inspection committee, president and vice presidents of the association shall comply with the competent authority's regulations.

4. The number of vice presidents of associations operating nationwide is specified as follows:

a) An association with the Party’s designated representations may elect at most 3 full-time vice presidents;

b) An association without the Party’s designated representations may elect at most 2 full-time vice presidents;

c) According to operation requirements, a number of part-time vice presidents may be arranged with the quantity submitted to the competent authority for consideration and decision.

5. The number of full-time vice presidents at associations to which the Party and State assigned tasks operating within the province and the district shall be at most 2 persons and 1 person, respectively.

Chapter VII

STATE MANAGEMENT OF ASSOCIATIONS

Article 43. Responsibilities of the Ministry of Home Affairs

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

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

3. To submit the Prime Minister for considering and approving the charters of associations operating nationwide with the Party’s designated representations. To exercise its competence as defined in Clause 2 Article 15 of this Decree. To collect written opinions from ministries and branches related to the association's activities upon handling of association-related procedures under the competence of the Minister of Home Affairs.

4. To assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, carrying out the state management of the organization and operation of associations.

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

6. To inspect and examine the observance of the law on associations and examine the implementation of the association's charter according to the functions and tasks of the Ministry of Home Affairs; except for contents under the functions, tasks and state management competence of ministries, ministerial-level agencies and operations of organizations with legal entity status under the associations.

7. To reward or propose competent authorities to reward associations, organizations and individuals with achievements in associations’ activities in the localities in accordance with law regulations.

8. To resolve complaints, denunciations and handle violations related to administrative decisions of the ministry and public service activities of cadres and civil servants in organizations under the ministry in accordance with law regulations on complaints and denunciations.

9. To assist the Government to manage the payroll of associations to which the Party and State assigned tasks at the central level in accordance with law regulations and provisions of competent agencies.

10. To approve aid amounts, inspect and monitor the receipt, management and use of aid by associations whose establishment is decided by the Ministry of Home Affairs, and approve the associations’ charter in accordance with law regulations.

11. To synthesize the organization, operation and management of associations and report on it to the Prime Minister.

12. To build, operate, manage the database on associations; update the database on associations operating nationwide or within more than one province.

13. To perform other responsibilities as prescribed by law regulations.

Article 44. Responsibilities of ministries and ministerial-level agencies

1. To take the responsibility for the state management of associations within the state management scope of the ministries and ministerial-level agencies in accordance with law regulations. To organize to collect opinions from associations to complete state management regulations on sectors and fields.

2. The state management agency of the main sectors or areas in which an association plans to operate shall consult with agencies related to the association's operation before consideration and decision on recognition of campaigning board for association establishment.

3. To give written opinions on matters related to fields under the state management of ministries and ministerial-level agencies to competent state agencies upon handling of association-related procedures defined in Clause 2, Article 15 of this Decree; guide and facilitate associations to organize founding congresses, term-based congresses, and ad hoc congresses.

4. To guide and facilitate associations to participate in activities in sectors and fields under the state management of ministries and branches; guide associations to participate in project programs, research topics, consulting, providing public services, training, granting practice certificates, capacity certificates, and other certificates under the management competence in accordance with law regulations; grant operation registration certificates or operation licenses to organizations with legal entity status (if any) as defined in Clause 4, Article 25 of this Decree and strictly manage these organizations according to law regulations.

5. To collect opinions of competent state management agency specified in Clause 2, Article 15 of this Decree before granting operation registration certificates or operation licenses to organizations with legal entity status under associations as defined in Clause 4, Article 25 of this Decree

6. To reward or propose competent authorities to reward associations, organizations and individuals with achievements in associations’ activities related to the fields of state management by ministries and ministerial-level agencies in accordance with law regulations.

7. To inspect and examine the activities of associations in the fields under their state management, including organizations with legal entity status under associations licensed by ministries and branches; handle, suspend, revoke operation registration certificates or operation licenses for organizations with legal entity status under associations or propose to competent state agencies to handle violations (if any) in accordance with law regulations.

8. To resolve complaints, denunciations and handle violations related to administrative decisions of ministries and ministerial-level agencies and public service activities of cadres and civil servants of units under ministries and ministerial-level agencies that are related to associations in accordance with law regulations on complaints and denunciations.

9. To coordinate with associations and relevant agencies to propose to competent authorities to assign tasks to the associations in conformity with their operation areas and in accordance with the state management function in the associations’ operation areas.

10. To notify the Ministry of Home Affairs in writing when there is a decision on assigning an association to participate in activities in the sectors and fields under the management of the ministry or ministerial-level agency, and when providing financial support to an association of which the permission of establishment and approval of charter are carried out by the Ministry of Home Affairs.

11. Annually, to synthesize and report to the Ministry of Home Affairs on the operation situation of associations under their specialized management in the association's major operation areas.

12. To coordinate in building and operating the database of associations operating nationwide or within more than one province.

13. To perform other tasks as prescribed by law.

Article 45. Responsibilities of the Ministry of Finance

1. To synthesize and submit to competent authorities to arrange current expenditures to support associations operating nationwide or within more than one province in accordance with the Law on State Budget.

2. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and relevant agencies in, inspecting the finances and assets of associations supported by the state budget, for associations operating nationwide or within more than one province.

Article 46. Responsibilities of the Ministry of Public Security

To take the responsibility for preventing and combating violations of the law of associations and carrying out the state management of security and order for the associations’ activities; guiding the procedures for registering seal samples of the associations.

Article 47. Responsibilities of the Ministry of Information and Communications

To take the responsibility for the state management of press for press agencies under the associations established in accordance with the law on press; give written opinions on the appointment, relief from duty, commendation and discipline of leaders of press agencies under the associations in accordance with the regulations of the Party and the State.

Article 48. Responsibilities of the Ministry of Foreign Affairs

To take the responsibility for the state management of foreign affairs activities within the state management scope of the Ministry of Foreign Affairs in accordance with law regulations.

Article 49. Responsibilities of provincial-level People’s Committees

1. To manage, inspect and examine the observance of the law on associations and association charters, organization and operation of associations operating within the relevant provinces, districts and communes in the localities, and propose the handling of violations (if any) for branches and representative offices of the associations operating nationwide or within more than one province that are located in the localities.

2. To propagate, disseminate and guide provincial-level departments, branches, district- and commune-level People's Committees, associations and organizations, and citizens in the localities to comply with the law on associations.

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

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

5. To reward or propose competent authorities to reward associations, organizations and individuals with achievements in associations’ activities in the localities in accordance with law regulations.

6. To regulate, guide, and facilitate the activities of associations at the localities; issue policies and mechanisms for associations to participate in performing a number of public services, granting practice certificates, capacity certificates, and other certificates within the scope of state management functions according to the competence.

7. To consider and allow associations operating within the relevant provinces, districts, and communes to receive aid from domestic and foreign organizations and individuals; inspect and supervise the receipt, management, and use of donations and aid by associations at the localities in accordance with the law.

8. To manage the payroll of associations to which the Party and State assigned tasks that operate within the relevant provinces, districts, and communes in accordance with law regulations and competent agencies’ provisions.

9. To resolve complaints, denunciations and handle violations related to provincial-level People's Committees’ administrative decisions and public service activities of cadres and civil servants of units under provincial-level People's Committees that are related to associations in accordance with law regulations.

10. To synthesize and report, on an annual basis, to the Ministry of Home Affairs on the situation of organization, operation and management of associations operating within the relevant provinces, districts, and communes, including the operation of branches and representative offices of the associations operating nationwide or within more than one province that are located in the localities.

11. To consider and decide to assign tasks to the associations operating within the relevant provinces in conformity with the associations’ operation areas.

12. To manage foreign affairs activities, international conferences and seminars organized in the localities by associations operating within the relevant provinces, districts and communes.

13. To inspect and examine the compliance with the law on accounting; inspect asset and financial activities, resolve complaints and denunciations, and handle violations involved in assets, finance, and accounting for associations operating within the relevant provinces, districts and communes.

14. To update the database on associations according to management decentralization; coordinate in building, operating and managing the database on associations operating within the related provinces, districts and communes.

15. Chairpersons of provincial-level People's Committees shall exercise their competence prescribed in Clause 3 Article 15 of this Decree.

16. To perform other responsibilities as prescribed by law regulations.

Article 50. Responsibilities of district-level People’s Committees

1. To manage, inspect and examine the observance of the law on associations and charters of associations operating within the related districts or communes.

2. To inspect asset and financial activities, resolve complaints and denunciations, and handle violations involved in assets, finance, and accounting for associations operating within the related districts or communes.

3. To reward or propose competent authorities to reward associations, organizations and individuals with achievements in accordance with law regulations.

4. To resolve complaints, denunciations and handle violations related to administrative decisions and public service activities of cadres and civil servants in organizations under district- and commune-level People's Committees in accordance with law regulations.

5. To consider and decide to assign tasks to the associations operating within the related districts or communes in conformity with the associations’ operation areas.

6. To synthesize and report to provincial-level People's Committees on the organization, operation and management of associations operating within the related districts and communes on an annual basis.

7. To update the database on associations according to management decentralization and coordinate in building, operating and managing the database on associations operating within the related districts and communes.

8. Chairpersons of district-level People's Committees shall exercise their competence prescribed in Clause 4 Article 15 of this Decree.

9. To perform other responsibilities as prescribed by law regulations.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 51. Regulations on document presentation format

1. List of document templates applicable to Vietnamese citizens, organizations and associations (Appendix II).

2. List of document templates applicable to state management agencies on associations (Appendix III).

Article 52. Transitional provisions

1. Dossiers on handling of associations-related procedures before the effective date of this Decree shall continue to apply the Government's Decree No. 45/2010/ND-CP dated April 21, 2010, regulating the organization, operation and management of associations and the Government’s Decree No. 33/2012/ND-CP dated April 13, 2012, amending and supplementing a number of articles of Decree No. 45/2010/ND-CP and guiding documents.

2. Associations to which the Party and State assigned tasks that have elected a number of full-time vice presidents exceeding the number prescribed in Clause 4 and Clause 5, Article 42 of this Decree before this Decree takes effect shall continue the operation until the end of their current term. When there is a vacancy in full-time vice presidents, the associations shall not hold an election of additional vice president to ensure compliance with regulations on the number of full-time vice presidents in this Decree.

3. The charters of associations that have been approved by competent state agencies before the effective date of this Decree shall continue to be used until the end of the term. Then, they shall be amended and supplemented to comply with this Decree.

4. Public service providers under associations that are currently receiving support by the state budget for operation expenses shall continue to receive support until the end of 2026. From 2027, these organizations shall operate according to the principle of autonomy and self-assuring their operation expenses.

Article 53. Effect and implementation responsibilities

1. This Decree takes effect from November 26, 2024 and replaces the Government's Decree No. 45/2010/ND-CP dated April 21, 2010, regulating the organization, operation and management of associations and the Government’s Decree No. 33/2012/ND-CP dated April 13, 2012, amending and supplementing a number of articles of Decree No. 45/2010/ND-CP.

2. To repeal Decision No. 68/2010/QD-TTg dated November 01, 2010 of the Prime Minister on particular associations and Decision No. 71/2011/QD-TTg dated December 20, 2011 of the Prime Minister on ensuring and supporting funding from the state budget for particular associations.

3. Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial-level People’s Committees, Chairpersons of district-level People’s Committees, relevant organizations and individuals shall take responsibility for the implementation of this Decree.

* All Appendices are not translated herein.