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

THE GOVERNMENT		THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 126/2024/ND-CP		Hanoi, October 8, 2024

 

DECREE

Providing the organization, operation and management of associations^[1]

 

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

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

Pursuant to the May 20, 1957 Law on the Right of Assembly;

Pursuant to the November 24, 2015 Civil Code;

Pursuant to the November 20, 2019 Labor Code;

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

Pursuant to the November 20, 2015 Law on Accounting;

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

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

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

Pursuant to the November 20, 2018 Law Against Corruption;

At the proposal of the Minister of Home Affairs;

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

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

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

Article 2. Subjects of application

1. This Decree applies 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 those of this Decree, the provisions of such specialized laws shall prevail.

2. This Decree does not apply to:

a/ The Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Vietnam Farmers’ Union, the Ho Chi Minh Communist Youth Union, the Vietnam Women’s Union, and the Vietnam Veterans’ Association;

b/ Religious organizations and belief establishments;

c/ Employees’ organizations at enterprises as defined in the Labor Code.

Article 3. Interpretation of terms

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

1. Association means a voluntary organization of Vietnamese organizations and citizens operating in the same field or sector or having the same interests or of the same gender, or having the same purposes of gathering and uniting members; operating on a regular basis for the not-for-profit purpose in order to protect lawful rights and interests of the association and its members and of the community; supporting one another to ensure effective operation, contributing to the cause of socio-economic development and national construction and defense; and being organized and operating under this Decree and other relevant legal documents;

2. Not-for-profit purpose means that an association has no profit-seeking purpose. Any profits generated in the course of the association’s operation will not be distributed to its members but may only be used for the activities stated in the association’s charter approved by a competent state agency;

3. Database on associations means a collection of information serving the function of state management of associations and operation of associations in order to store and share information on associations.

Article 4. Scope of operation

By scope of operation (based on administrative boundaries), associations include:

1. Associations operating nationwide or in inter-provincial localities.

2. Associations operating within provinces.

3. Associations operating within districts.

4. Associations operating within communes (students’ associations at universities and colleges are regarded as equivalent to associations operating within communes).

Article 5. Principles of organization and operation of associations

1. Voluntariness and self-governance.

2. Democracy, equality, publicity and transparency.

3. Self-coverage of operating funds.

4. Not-for-profit purposes.

5. Compliance with the Constitution, the Party’s guidelines, the State’s policies and laws and charter of associations.

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

1. Associations may be referred to as societies, associations, federations, alliances, unions, general associations and clubs, and other names as specified by law (below collectively referred to as associations) and must satisfy the conditions specified in Clause 1, Article 10 of this Decree.

2. The head office of an association shall be located in Vietnam within the scope of operation of the association and must have a specific and clear address.

3. An association has the legal person status, seal and bank account(s) and may have its own logo in accordance with law.

Article 7. The State’s policies on associations

1. To encourage and create conditions for associations to participate in service provision, policy consultancy and criticism, programs, projects, themes, schemes and other activities in accordance with law.

2. To provide part of funds for associations in accordance with law based on associations’ tasks assigned by the competent authorities specified in Article 8 of this Decree.

3. To provide information and disseminate the State’s guidelines, 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-level competent authorities shall assign tasks to associations operating nationwide or in inter-provincial localities.

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

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

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

Article 9. Database on associations

1. The database on associations shall be connected to the National Public Service Portal, the Public Service Portal of the Ministry of Home Affairs, other national databases, and databases of ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and district-level People’s Committees to support the settlement of procedures related to associations and management of the operation of associations as decentralized.

2. Information in the database on associations:

a/ Information in the database on associations includes:

Information established when the campaign boards for the establishment of associations make requests for the establishment of associations;

Copies or electronic copies bearing valid digital signatures of documents in dossiers of request for the establishment, division, splitting, merger, consolidation, dissolution, renaming, approval of the charter, or modification and supplementation of the charter, of associations;

Some information on personnel of executive boards or organizations under other names of associations (below referred to as executive boards of associations), standing bodies or organizations under other names of associations (below referred to as standing bodies of associations); presidents and vice presidents of associations; organizational structures, head offices, phone numbers, and terms of office of associations;

Periodical and unscheduled reports;

Information on assets and finance of associations;

Other relevant information (if any);

b/ Information in the database on associations comes from:

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

Information provided by associations in dossiers of request for the establishment, division, splitting, merger, consolidation, dissolution, renaming, approval of the charter, or modification and supplementation of the charter, of associations;

Information updated by associations to the database;

Information provided by state management agencies in the fields in which associations operate;

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

Information shared, converted and standardized from previously established databases.

3. Principles for establishing, updating, managing, exploiting and using the database on associations:

a/ Not to include information classified as state secrets that are related to the organization and operation of associations in accordance with the law on state secrets in the database;

b/ To decentralize powers for updating, managing, exploiting and using the database on associations, and associate the establishment of the database on associations with the electronic settlement of administrative procedures;

c/ To store information in the database on associations in an adequate and accurate manner; to properly and efficiently exploit and use information in the database on associations in accordance with law;

d/ To strictly and securely protect the database on associations in accordance with law; to ensure conformity with standards and technical regulations on information technology; to ensure the compatibility, safety and uninterruptedness in the entire system of databases;

dd/ To comply with the law on cyberinformation security and other relevant laws.

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

a/ The Ministry of Home Affairs shall assume the prime responsibility for establishing and operating the database on associations; promulgate regulations on management, exploitation and operation of the database on associations and guide the online performance of administrative procedures after the database on associations is established and commences its operation; and grant 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- and district-level People’s Committees, and associations shall access and exploit the database on associations under regulations;

c/ The Ministry of Home Affairs, competent state management agencies, provincial- and district-level People’s Committees, and associations shall regularly update information to the database on associations.

 

Chapter II

ESTABLISHMENT OF ASSOCIATIONS

Article 10. Conditions for establishment of an association

1. The name of an association must satisfy the following conditions:

a/ Being written in Vietnamese or transcribed into Vietnamese; if the name of the association cannot be transcribed into Vietnamese, a foreign-language name may be used; the association’s proper name may be transcribed or translated into ethnic minority languages and foreign languages in accordance with law;

b/ Being conformable with the principles, purposes, scope and main field(s) of operation of the association;

c/ Being neither identical nor confusingly similar to nor covering the name of another association that has been lawfully established before;

d/ Not violating social ethics, fine customs and cultural traditions of the nation.

2. The main field(s) of operation of the association must not be identical to that(those) of another association that has been lawfully established before within the same scope of operation.

3. Having principles, purposes and field(s) of operation compliant with law.

4. Having the charter, except the associations specified in Clause 5, Article 21 of this Decree.

5. Having the head office as specified in Clause 2, Article 6 of this Decree.

6. Having a sufficient number of Vietnamese organizations and citizens that have registered for participating in the establishment of the association, unless otherwise provided by relevant laws and ordinances, specifically as follows:

a/ An association operating nationwide or in inter-provincial localities must have at least 100 organizations and citizens in two or more provincial-level administrative units that are fully qualified, voluntary, and submit applications for participation in the establishment of the association;

b/ An association operating within a province must have at least 50 organizations and citizens in two or more district-level administrative units that are fully qualified, voluntary, and submit applications, for participation in the establishment of the association;

c/ An association operating within a district must have at least 20 organizations and citizens in two or more commune-level administrative units that are fully qualified, voluntary, and submit applications for participation in the establishment of the association;

d/ An association operating within a commune must have at least 10 organizations and citizens at the commune-level administrative unit who are fully qualified, voluntary, and submit applications, for participation in the establishment of the association;

dd/ An association of economic organizations operating nationwide must have members being representatives of Vietnam’s economic organizations with the legal person status, and at least 11 representatives of legal persons in different provinces; an association operating within a province must have at least 5 representatives of legal persons in the province in the same sector/trade or the same field of operation that are fully qualified, voluntary, and submit applications, for participation in the establishment of the association.

7. Having assets to ensure the operation of the association.

Article 11. Campaign board for the establishment of an association

1. Vietnamese organizations and citizens that wish to establish an association shall set up a campaign board for the establishment of an association (with persons expected to act as the head, deputy head(s) and members) under Clauses 2, 3, 4 and 5 of this Article, and request a competent state agency specified in Clause 2, Article 12 of this Decree to recognize the board.

2. Members of the campaign board for the establishment of an association must be Vietnamese organizations and citizens that are enthusiastic and responsible and operate in the fields in which the association is expected to operate or that possess expertise relevant to the fields in which the association is expected to operate. Such a member must satisfy the following conditions:

a/ For a member being an organization:

Being legally established, having its charter or a document defining the functions and tasks of the organization; and submitting an application for participation in the campaign board for the establishment of the association;

Having a resolution adopted by the collective of leaders or a decision issued by the competent head on participation in the campaign board for the establishment of the association and appointment of a representative to act as a member of the board. The appointed representative must be a Vietnamese citizen having full civil act capacity, being physically fit and having no criminal convictions;

b/ For a member being a citizen: submitting an application for participation in the campaign board for the establishment of the association, having the full civil act capacity, being physically fit and having no criminal convictions.

3. Members of the campaign board for the establishment of an association who are cadres, civil servants and public employees must obtain the competent agency’s written permission for participation in the board under regulations on power decentralization for personnel management.

4. The head of the campaign board for the establishment of an association must have good political and moral qualities, experience, prestige and knowledge in the fields in which the association is expected to operate, and permanently live in Vietnam.

5. The number of members of the campaign board for the establishment of an association is specified as follows:

a/ An association operating nationwide or in inter-provincial localities must have at least 10 members as representatives of regions and areas;

b/ An association operating within a province must have at least 5 members in two or more district-level administrative units;

c/ An association operating within a district or commune must have at least 3 members.

6. The campaign board for the establishment of an association shall be recognized by a competent state agency when satisfying the conditions specified in Clauses 1, 2 and 3, Article 10 of this Decree. The campaign board for the establishment of an association shall be composed of the head, the deputy head and members.

7. The campaign board for the establishment of an association shall:

a/ Mobilize Vietnamese organizations and citizens to register for participation in the establishment of the association under Clause 6, Article 10 of this Decree;

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

8. The campaign board for the establishment of an association shall be automatically disbanded after the congress on establishment of the association elects the executive board of the association.

Article 12. Dossier, procedures and competence to recognize the campaign board for the establishment of an association

1. A dossier of request for recognition of the campaign board for the establishment of an association shall be made in 1 set, comprising:

a/ The (original) application for recognition of the campaign board for the establishment of an association, clearly stating the name of the association, the necessity of establishment of the association, principles and purposes of the association, the main fields in which the association is expected to operate, the scope of operation, the projected period of preparation for the establishment of the association, and the place temporarily used as a meeting place;

b/ The (original) list of persons expected to join the campaign board for the establishment of the association with brief personal information of each person, including: full name; date of birth; hometown; academic standards; professional qualifications; job position and employing unit (if any); title in the board; permanent residence or temporary residence address; phone number, and relevant (original) documents as specified in Clauses 1 and 2, Article 11 of this Decree;

c/ Curriculum vitae (made according to the form provided in Appendix II to this Decree) and criminal records certificate No. 1 (original) of the board’s members, issued within 6 months by the date of dossier submission; if a member of the campaign board for the establishment of the association is a cadre, civil servant or public employee who is permitted in writing by the competent agency to join the board under regulations on power decentralization of personnel management, he/she is not required to submit criminal record certificate No. 1;

d/ The (original) document showing the competent agency’s permission under regulations on power decentralization for personnel management, for cadres, civil servants and public employees joining the campaign board for the establishment of the association.

2. Competence to recognize campaign boards for the establishment of associations:

a/ Ministers or heads of ministerial-level agencies in charge of state management of the main sectors or fields in which the associations are expected to operate shall decide on recognition of campaign boards for the establishment of associations operating nationwide or in inter-provincial localities;

b/ Chairpersons of provincial-level People’s Committees shall decide on recognition of campaign boards for the establishment of associations operating within provinces;

c/ Chairpersons of district-level People’s Committees shall decide on recognition of campaign boards for the establishment of associations operating within districts or communes.

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

4. Past the time limit specified at Point b, Clause 7, Article 11 of this Decree, if the campaign board for the establishment of the association fails to complete a dossier under regulations for sending to the competent state agency specified in Clauses 2, 3 or 4, Article 15 of this Decree, the decision on recognition of the campaign board for the establishment of the association shall automatically become invalid.

Article 13. Dossiers and procedures for establishment of associations

1. A dossier for establishment of an association shall be made in 1 set, comprising:

a/ The (original) application for establishment of an association, made according to the form provided in Appendix II to this Decree;

b/ The draft charter, made according to the form provided in Appendix II this Decree;

c/ The (original) decision on recognition of the campaign board for the establishment of the association, enclosed with the list of the board’s members;

d/ The (original) list of Vietnamese organizations and citizens registering for participation in the establishment of the association, together with their applications;

dd/ The (original) curriculum vitae of the head of the campaign board for the establishment of the association, made according to the form provided in Appendix II this Decree, and his/her criminal records certificate No. 1, issued within 6 months by the date of dossier submission;

e/ The (original) document showing the competent agency’s permission under regulations on power decentralization for personnel management, for the cadre, civil servant or public employee acting as the head of the campaign board for the establishment of the association;

g/ The document proving the lawful use right for the place where the association’s head office is expected to be located in accordance with law (the original or a certified copy);

h/ The (original) declaration of assets for the establishment of the association, contributed on a voluntary basis by the campaign board for the establishment of the association (if any);

i/ The (original) commitment to ensure operating funds for the first term of office of the association after it is established.

2. Within 60 working days after receiving a complete and valid dossier specified in Clause 1 of this Article, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall coordinate with agencies related to the operation of the association in deciding to permit the establishment of the association; in case of refusal of the establishment, it shall issue a written reply, clearly stating the reason.

Article 14. Major contents of the charter of an association

1. Name of the association.

2. Principles, purposes, domains and scope of operation of the association.

3. Legal status and head office of the association.

4. Principles of organization and operation of the association.

5. Rights and obligations of the association.

6. Criteria for the association’s members.

7. Rights and obligations of the association’s members; procedures for registering to join the association, procedures for leaving the association, and competence to admit and expel members.

8. Organizational structure, procedures for election, relief from duty and removal from office; tasks and powers of the congress, the executive board, the standing body and the inspection board of the association; establishment and management of organizations attached to the association; principles and forms of voting; and policies and regimes for persons working at the association.

9. Legal representative of the association; tasks, powers, procedures for election, relief from office and removal from duty, work suspension, permission for work resumption, criteria, conditions, age, health, and term of office of the president and vice president(s) of the association and other title holders (if any).

10. Division, splitting, merger, consolidation, renaming, termed suspension of operation and dissolution of the association.

11. Sources of assets and finances and the management and use of assets and finance of the association.

12. Commendation, disciplining, and 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) compliant with law.

15. Modification and supplementation of the charter.

16. Effect.

Article 15. Competence to settle procedures related to associations

1. The Prime Minister shall approve the charter for associations operating nationwide that have Party organizations.

2. The Minister of Home Affairs shall permit the establishment, division, splitting, merger, consolidation, dissolution and renaming, and approve the charter; decide on termed suspension of operation, and permit resumption of operation for associations operating nationwide or in inter-provincial localities, unless otherwise provided by laws and ordinances with respect to the establishment, and approval of the charter, of associations.

3. Chairpersons of provincial-level People’s Committees have the competence to recognize campaign boards for the establishment of associations; permit the establishment, division, splitting, merger, consolidation, dissolution and renaming, and approval of the charter; decide on termed suspension of operation, and permit the resumption of operation, for associations operating within provinces.

4. Chairpersons of district-level People’s Committees have the competence to recognize campaign boards for the establishment of associations; permit the establishment, division, splitting, merger, consolidation, dissolution and renaming, and approval of the charter; decide on termed suspension of operation, and permit the resumption of operation, for associations operating within districts or communes.

Article 16. Timing for the congress for establishment of an association

1. Within 60 working days from the date of issuance of the decision to permit the establishment of an association, the campaign board for the establishment of the association shall organize the congress for the establishment of the association. Past this time limit, if the campaign board for the establishment of the association cannot complete preparations for organizing the congress for the establishment of the association, it shall, within 15 working days from the expiration of such time limit, send a written request to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree for extension.

2. The extension period must not exceed 30 working days from the date the competent state agency issues a document permitting the extension.

3. A decision to permit the establishment of an association shall cease to be effective in the following cases:

a/ The association fails to organize the congress within the law-specified time limit and makes no request for extension as specified in Clause 1 of this Article;

b/ Past the extension period specified in Clause 2 of this Article, the campaign board for the establishment of the association fails to organize the congress for the establishment of the association, except in force majeure events.

4. When the decision to permit the establishment of an association expires under Clause 3 of this Article, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall issue a decision to revoke the decision to permit the establishment of the association. The association having the decision to permit its establishment revoked may not be re-established within 3 years from the date of revocation of such decision.

5. The decision on establishment of the campaign board for the establishment of an association shall automatically become invalid when the decision to permit the establishment of the association is revoked under regulations.

Article 17. Members

Members of an association include official members, associate members and honorary members as stated in the charter of the association, specifically as follows:

1. Official members:

a/ Vietnamese organizations and citizens that agree to the charter of an association, voluntarily register to join the association, and fully satisfy the criteria for members specified in the association’s charter may become official members of the association. For a member being a Vietnamese organization, its representative joining the association must be a Vietnamese citizen;

b/ Members that register to participate in the establishment of the association automatically become official members of the association.

2. Associate members:

Vietnamese organizations and citizens that cannot afford to become or fail to fully satisfy the criteria to become official members of an association, but agree to the association’s charter, and voluntarily register to join the association may become associate members of the association.

3. Honorary members:

Reputable Vietnamese organizations and citizens that have made numerous contributions to an association will be invited by the association to act as honorary members of the association.

4. Associate members and honorary members have the rights and obligations like those of official members of an association, except the right to vote on issues of the association, and may not participate in election, candidacy or nomination to the executive board or inspection board of the association.

5. Criteria and procedures for admitting members and expelling members from an association, and rights and obligations of official members, associate members and honorary members shall be stated in the association’s charter in accordance with law.

Chapter III

ORGANIZATION OF ASSOCIATIONS

Article 18. Organizational structure of an association

1. The congress.

2. The executive board of the association.

3. The standing body of the association.

4. The inspection board of the association.

5. Organizations attached to the association as specified in Article 25 of this Decree, which shall be decided by the association itself based on the nature, scope and scale of organization and operation of the association in accordance with law and the association’s charter.

Article 19. Congress

1. The highest leading body of an association is the congress. The congress may be held in the form of a plenary congress or a congress of delegates.

2. Conditions for holding a congress:

a/ A congress for the establishment of an association shall be held when more than a half of the persons registering for participation in the establishment of the association, based on the dossier of request for the establishment of the association, are present;

b/ A term-based congress or an extraordinary congress shall be held when more than a half of official members, for a plenary congress, or more than a half of official delegates, for a congress of delegates, are present. An extraordinary congress shall be convened when at least two-thirds of the total members of the executive board or more than a half of the total official members so propose;

c/ In case the number of delegates attending a congress is smaller than that specified at Point a or b of this Clause, the campaign board for the establishment of the association or the incumbent executive board of the association shall refrain from holding the congress and lead and direct the association to hold the congress in accordance with this Decree;

d/ Official delegates attending the congress may not authorize other individuals to attend the congress on their behalf, unless the authorization is accepted by the congress.

3. A congress may be held offline or through an online application platform or with the combination of offline and online forms as decided by the campaign board for the establishment of the association or the incumbent executive board of the association. The association shall ensure physical foundations, means and human resources for holding the congress in accordance with its charter, rules of the congress, and the provisions of law.

4. Term of office of a congress:

a/ The term of office of a congress of an association shall be stated in the charter of the association but must not exceed 5 years from the date the congress of the previous term of office ends;

b/ At least 30 working days before the expiration of the term of office of a congress, if the association is unable to hold a congress of the next term of office, it shall report the reason to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree for the latter to consider and permit extension of the time limit for holding the congress. The extension period must not exceed 12 months;

c/ Upon the expiration of the extension period, if the association still fails to hold a congress, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall handle violations under Point c, Clause 2, Article 30 of this Decree, except in force majeure events.

5. Method of calculating the time limit for holding a term-based congress:

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

b/ In case the association holds an extraordinary congress to approve the renaming of the association, the time limit for holding a congress of the next term of office shall be counted from the date the association holds the extraordinary congress;

c/ For an association established as a result of division/splitting, merger or consolidation of association(s), the time for holding a congress of the next term of office shall be counted from the date the association holds the congress for the establishment of the association.

6. Principles of voting at a congress:

a/ The congress may vote by show of hands or by secret ballot. The voting form shall be decided by the congress or must comply with the association’s charter approved by the competent state agency;

b/ A decision of the congress shall be approved when it is voted for by more than a half of the convened official delegates or the voting must comply with the association’s charter approved by the competent state agency.

7. At least 45 working days (for a term-based congress or an extraordinary congress) or 15 working days (for a congress to establish an association) before holding a congress, the executive board of the association or the campaign board for the establishment of the association shall send 1 set of report dossier specified in Clause 8, 9 or 10 of this Article to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree and the state management agency in charge of the main sector or domain in which the association operates.

8. A dossier of report on holding a congress for the establishment of an association must comprise:

a/ The association’s (original) report on holding of a congress for the establishment of the association, addressed to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree;

b/ The (original) personnel scheme, clearly stating criteria, structure, number and tentative list of members of the executive board, standing body, inspection board, president, vice president and other title holders (if any);

c/ The competent agency’s (original) document showing its approval under regulations on power decentralization for personnel management, for cadres, civil servants and public employees expected to join the executive board and standing body or hold the titles of president and vice president of the association.

In case the expected president of the association is not the head of the campaign board for the establishment of the association, it is required to additionally submit his/her curriculum vitae and criminal records certificate No. 1 (the original), issued within 6 months by the date of dossier submission; if the expected president of the association is a cadre, civil servant or public employee or is a cadre, civil servant or public employee who has retired and whose title is approved in writing by the competent agency under regulations on power decentralization for personnel management, he/she is not required to submit criminal records certificate No. 1;

d/ Tentative time and place of the congress, number of invited delegates and official delegates attending the congress, and tentative agenda of the congress (original).

9. A (original) dossier of report on holding a term-based congress must comprise:

a/ The association’s report on holding of the term-based congress, addressed to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree; if the term-based congress deals with the content on renaming of the association, it is required to submit the request for renaming of the association, clearly stating the reason for and the need of the renaming;

b/ The resolution, issued by the executive board of the association, on holding of the term-based congress and renaming of the association (if any);

c/ A draft report on summarization of operation of the current term of office and orientations for operation of the new term of office of the association; review reports of the executive board and inspection board and financial statements of the association; and a report on the number of members, clearly stating the number of official members of the association;

d/ The draft charter (modified and supplemented) or the draft charter under the new name of the association (if any);

dd/ The personnel scheme, clearly stating criteria, structure, number and tentative list of members of the executive board, standing body and inspection board, president and vice president of the association and other title holders (if any);

e/ Curriculum vitae and criminal records certificate No. 1, issued within 6 months by the date of dossier submission, of the person expected to act as the president of the association; if the expected president of the association is a cadre, civil servant or public employee or is a cadre, civil servant or public employee who has retired and whose title is approved in writing by the competent agency under regulations on power decentralization for personnel management or currently acts as the president of the association of the current term of office of the association, he/she is not required to submit criminal records certificate No. 1;

g/ Tentative time and place of the congress, number of invited delegates and official delegates attending the congress, and tentative agenda of the congress;

h/ The competent agency’s document showing its approval under regulations on power decentralization for personnel management, for cadres, civil servants and public employees expected to join the executive board and standing body or hold the titles of president and vice president of the association;

i/ Other contents falling under the competence of the congress as stated in the association’s charter and specified by law (if any).

10. A (original) dossier of report on holding of an extraordinary congress must comprise:

a/ The association’s report on holding of the extraordinary congress, addressed to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree. If the extraordinary congress deals with the content on renaming of the association, it is required to submit the request for renaming of the association, clearly stating the reason for and the need of the renaming;

b/ The resolution, issued by the executive board of the association, on the holding of the extraordinary congress, clearly stating the contents discussed and decided at the congress;

c/ A draft of contents to be discussed and decided at the congress;

d/ Tentative time and place of the congress, number of invited delegates and official delegates attending the congress, and tentative agenda of the congress.

11. After receiving a complete and valid report dossier specified in Clause 9 or 10 of this Article and the consensus of agencies related to the main sectors and domains in which the association operates, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall give its written opinions on the holding of the congress.

12. An association shall hold a congress after obtaining the written permission of a competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree.

Article 20. Major contents of, and principles of voting at, congresses

1. Major contents of a congress for the establishment of an association:

a/ Announcing and handing over the decision permitting the establishment of the association;

b/ Presenting the report on the number of delegates attending the congress and the report on verification of the eligibility status of delegates attending the congress;

c/ Approving the agenda and rules of the congress, and election rules;

d/ Presenting the report on the process of campaigning for the establishment of the association;

dd/ Discussing the charter already considered by the competent authority specified in Clause 2, 3 or Clause 4, Article 15 of this Decree when permitting the establishment of the association, and voting on the charter;

e/ Approving the personnel scheme of the congress; voting on the number of members of the executive board and inspection board for the entire term of office of the association; nominating persons, and acting as candidates for election, to the list of members of the executive board and inspection board of the association;

g/ Electing the executive board and inspection board of the association;

h/ Approving the program on operation of the term of office of the association;

i/ Other issues (if any);

k/ Adopting the resolution of the congress.

2. Major contents at a term-based congress:

a/ Presenting the report on the number of delegates attending the congress and the report on verification of the eligibility status of delegates attending the congress;

b/ Approving the agenda and rules of the congress, and election rules;

c/ Discussing and approving the report on summarization of results of operation of the current term of office and orientations for operation for the next term of office of the association; discussing review reports of the executive board and inspection board, and financial statements of the association;

d/ Discussing the renaming of the association (if any); approving the modification and supplementation of the charter or deciding on the use of the current charter of the association;

dd/ Discussing issues related to division/splitting or merger/consolidation (if any);

e/ Approving the personnel scheme of the congress; voting on the number of members of the executive board and inspection board for the entire term of office of the association; nominating persons, and acting as candidates for election, to the list of members of the executive board and inspection board of the association;

g/ Electing the executive board and inspection board of the association, except associations assigned tasks by the Party or the State;

h/ Other issues as stated in the association’s charter (if any);

i/ Adopting the resolution of the congress.

3. Major contents at an extraordinary congress:

a/ Presenting the report on the number of delegates attending the congress and the report on verification of the eligibility status of delegates attending the congress;

b/ Approving the contents to be discussed and decided at the congress;

c/ Adopting the resolution of the congress.

Article 21. Reporting on results of a congress, approval of the charter of an association

1. Within 30 working days after a congress is concluded, the executive board of the association shall send 1 set of dossier (with original documents as its components) to the competent state agency specified in Article 15 of this Decree, which must comprise:

a/ A report on results of the congress, including a request for approval of the association’s charter and renaming of the association (if any). In case the congress decides not to modify and 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/ The draft charter or draft modified and supplemented charter (if any);

c/ Minutes of the congress; minutes on election of the standing body, inspection board and president and vice president of the association (enclosed with the list thereof);

d/ In case the president of the association is not the expected person already reported to the competent state agency, the association shall supplement his/her curriculum vitae and criminal records certificate No. 1, issued within 6 months by the date of dossier submission. In case the president of the association is a cadre, civil servant or public employee or is a cadre, civil servant or public employee who has retired and whose title is approved in writing by a competent agency under regulations on power decentralization for personnel management, he/she is not required to submit criminal records certificate No. 1;

dd/ The association’s operation program;

e/ Resolution of the congress.

2. Within 60 working days after receiving a complete and valid dossier, the competent state agency specified in Article 15 of this Decree shall decide to approve the association’s charter on the condition that the association completes the draft charter in accordance with law after obtaining the opinions of agencies related to the fields in which the association operates. In case the contents of the association’s charter are contrary to law, the competent state agency may refuse to approve the charter and request and guide the association to finalize the charter in accordance with law.

3. In case the association’s charter is subject to the Prime Minister’s approval, the association shall report on results of the congress, stating the request for approval of the association’s charter, and send it to the Ministry of Home Affairs for submission to the Prime Minister for approval under regulations.

4. Effect of the charter of associations:

a/ The charter of an association operating nationwide that has the Party organization takes effect on the date it is approved under the Prime Minister’s decision;

b/ The charter of an association other than that specified at Point a of this Clause takes effect on the date it is approved under decision of the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree.

5. If the resolution of the congress of an association operating within a province, district or commune that has the same name and main field of operation with, and is an institutional member of, another association operating nationwide, states the recognition of the charter of the association operating nationwide, it is not necessary to formulate a separate charter of the association operating within a province, district or commune.

6. After the association fully and lawfully reports on results of the congress as specified in Clause 1 of this Article, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall issue a notice stating that the association’s congress is held in accordance with law and the association’s charter.

Article 22. Executive board, standing body, president and vice president(s) of an association

1. Executive board and standing body of an association:

a/ The executive board elected by the congress is the leading body acting between 2 congresses. The standing body elected by the executive board is the leading body between 2 sessions of the executive board;

b/ The number, structure, criteria, conditions, age, health, term of office, tasks, powers and operation principles of the executive board and standing body of an association shall be provided by the association in accordance with the Party’s regulations, the State’s law and the association’s charter.

2. The president and vice president(s) of an association shall be elected by the executive board from among the members of the standing body.

3. The election, relief from duty, removal from office, work suspension and permission for work resumption for the president, vice president(s) and members of the executive board and standing body of the association shall be stated in the association’s charter in accordance with law. For associations assigned tasks by the Party or the State, such contents shall be reported to competent authorities for opinion before implementation.

4. When relieving from duty or removing from office the president of an association, it is required to concurrently elect another president as replacement in accordance with law and the association’s charter or assign a person to administer the association’s activities pending the election of the president of the association. If the president of the association is suspended from work, the permanent vice president shall administer the association’s activities during the suspension period. In case the association has no permanent vice president, a vice president shall be assigned to administer the association’s activities.

5. An association shall specify cases of relief from duty, removal from office, work suspension and permission for work resumption for the president and vice presidents of the association, and members of the executive board and standing body of the association.

6. After relieving from duty or removing from office the president or vice president of an association or members of the executive board or standing body of an association, the association shall send a report thereon to the competent state agency. The report must clearly state the full name, and reason for relief from duty or removal from office, of the concerned person, enclosed with the minutes of the meeting on the relief from duty or removal from office; minutes of the meeting to elect the president or vice president of the association or members of the executive board or standing body of the association; curriculum vitae and criminal records certificate No. 1 of the person elected as the president of the association, issued within 6 months by the date of submission of the report. If the association’s president is a cadre, civil servant or public employee or is a cadre, civil servant or public employee who has retired and whose title is agreed in writing by the competent agency under regulations on power decentralization for personnel management, he/she is not required to submit criminal records certificate No. 1.

7. The president of an association shall act as the legal representative of the association and be responsible before law for all activities of the association:

a/ Criteria:

Abiding by and implementing the Party’s guidelines and the State’s laws;

Having good political and moral qualities;

Having prestige and knowledge of the field in which the association operates;

Having the Vietnamese citizenship;

Having full civil act capacity and no criminal convictions.

b/ Conditions:

Not holding the title of president of more than 2 associations;

Not being a cadre or civil servant in the agency or organization that directly manages, or provides consultancy on the state management of, the main field of operation of the association, unless such is decided by the competent authority under regulations on power decentralization for personnel management;

Being agreed in writing by the competent authority under regulations on power decentralization for personnel management, in case the expected president is a cadre, civil servant or public employee or is a cadre, civil servant or public employee who has retired;

c/ In addition to the general criteria and conditions specified at Points a and b of this Clause, the association shall specify the criteria, conditions, age, health and term of office of the association’s president in accordance with law and the association’s charter;

d/ Responsibilities, tasks and powers of the president of the association shall be stated in the association’s charter in accordance with law.

8. The criteria, conditions, number, age, health, term of office, responsibilities, tasks and powers of vice president(s) and secretary-general of an association and of members of the executive board, standing body and inspection board shall be stated in the association’s charter in accordance with law.

 

Chapter IV

OPERATION OF ASSOCIATIONS

Article 23. Rights of an association

1. To be organized and operate under its approved charter.

2. To disseminate the guiding principles and purposes of its activities; to be provided with information and the Party’s guidelines 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 the lawful rights and interests of the association, its members and the community in line with its guiding principles and purposes.

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

6. To disseminate and train in knowledge for its members; to provide necessary information to its members in accordance with law.

7. To participate in programs, projects, themes, scientific research and technology development tasks, and policy counseling and criticism activities at the request of state agencies; to provide public services, organize vocational training and occupational handing-down in accordance with law.

8. An association operating nationwide or in inter-provincial localities may establish its branches or representative offices in provinces and centrally run cities other than the locality where the association’s head office is located under Clause 1, Article 25 of this Decree and may establish its overseas representative offices.

9. To establish and strictly manage its attached organizations in accordance with law and its charter in line with its guiding principles and purposes and operation fields.

10. To contribute opinions in the formulation of mechanisms and policies directly concerning its functions, tasks, powers and operation fields; to propose to competent state agencies matters related to its development and operation fields; to provide training and further training and other services in accordance with law and grant practice certificates, competency certificates and other certificates related to its operation fields when the law-specified conditions are fully satisfied.

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

12. To collect membership fees and generate revenues from its business operation and services in accordance with law to cover its operational expenses.

13. To receive, manage and use lawful donations and aid from domestic and foreign organizations and individuals in accordance with law in line with its guiding principles and purposes, functions and tasks.

14. To be provided with the State’s funding support for activities related to the tasks assigned by the Party and the State (if any).

15. Associations operating nationwide or in inter-provincial localities may join related international organizations and sign and implement international agreements in accordance with law after obtaining the consensus of competent authorities and other related state management agencies on the admission to related international organizations and the signing and implementation of international agreements.

16. To commend and apply disciplinary measures in accordance with law and its charter.

17. To conciliate disputes, resolve feedback and recommendations, and settle complaints and denunciations related to the association.

18. Other rights as provided by law.

Article 24. Obligations and responsibilities of an association

1. To comply with competent agencies’ regulations, laws concerning its organization and operation, and its charter.

2. To refrain from taking advantage of its activities to harm national security, social order, ethics and national fine customs, practices, traditions and cultural identity, and lawful rights and interests of organizations and individuals; to refrain from taking advantage of religions or beliefs for superstitious activities or illegal financial or business activities to disrupt the domestic market.

3. To refrain from recognizing, honoring, ordaining or conferring titles in contravention of law.

4. To submit to the management by the state management agency in charge of the sector or domain in which the association operates and by related agencies during the association’s organization and operation under Articles 43 thru 50 of this Decree.

5. To gather and develop members; to organize and coordinate activities among members for the association’s common interests and ensure the compliance with the association’s guiding principles and purposes.

6. To disseminate the Party’s guidelines and the State’s policies and laws concerning its operation fields, its charter and regulations, and provide knowledge updates for its members.

7. To propose modifications and supplementations to its charter; to strictly manage its affiliates’ activities in accordance with law and its charter; to formulate and finalize its regulations and rules to serve as a foundation for its organization and operation in accordance with law and its charter.

8. To comply with regulations on receipt, management and use of foreign aid and other relevant laws; to efficiently manage and use donations and aid and take responsibility as the aid provider in accordance with law.

9. To report on the dossier of organization of its congress under Clause 7, Article 19 of this Decree.

10. After relieving from duty, removing from office, or changing its president, vice presidents, secretary-general, members of its executive board, standing body or inspection board, or its head office, or revising its charter, to report thereon to the competent state agencies specified in Clause 2, 3 or 4, Article 15 of this Decree and the state management agency in charge of the major sector or domain in which the association operates.

11. To report on the establishment of its affiliates to the competent state agencies specified in Clause 2, 3 or 4, Article 15 of this Decree, the state management agency in charge of the major sector or domain in which the association operates, and bear responsibility for comprehensive leadership, direction and management of such affiliates’ organization and operation in accordance with law and its charter.

12. To make annual reports on its organization and operation to the competent state agencies specified in Clause 2, 3, or 4, Article 15 of this Decree, the state management agency in charge of the main sector or domain in which the association operates and the provincial-level People’s Committee of the locality where its head office, branch or representative office is located before December 31, for associations operating nationwide or in inter-provincial localities. Such annual reports shall be made according to Form No. 16 provided in Appendix II to this Decree.

13. To report on results of the settlement of disputes, feedback, recommendations, complaints and denunciations related to the association to competent state agencies.

14. To submit to competent state agencies’ guidance, examination and inspection of law and charter observance.

15. To make and keep at its head office lists of its members, affiliates, books and documents on its assets and finances, and minutes of meetings of its executive board, standing body and inspection board.

16. To use revenues specified in Clauses 12, 13, and 14, Article 23 of this Decree for its activities under its charter and refrain from dividing them to its members.

17. To use its funds in accordance with law and its charter in a public and transparent manner; to pay taxes, fees and charges, and implement accounting, auditing and statistical regimes in accordance with law; to register a tax identification number and declare tax in accordance with the tax laws; to make annual financial statements under the State’s regulations and send them to same-level finance agencies, the state management agency in charge of the main sector or domain in which the association operates and competent state agencies specified in Clause 2, 3 or 4, Article 15 of this Decree; to submit to the inspection and examination of its revenues, expenditures, management and use of finances and assets by same-level finance agencies by state agencies competent to permit the establishment of associations or finance agencies of state agencies competent to permit the establishment of associations.

18. To issue rules on operation of its executive board, standing body and inspection board; management and use of its assets and finances; commendation and disciplines; management of its members; settlement of recommendations, feedback, disputes, complaints and denunciations related to the association; and management and use of its seal as well as other regulations in compliance with law and its charter.

19. To formulate and promulgate the code of ethics to be observed in its operation.

20. To update information on its organization and operation to the database on associations and coordinate with others in establishing and operating such database.

21. To comply with the anti-corruption, anti-money laundering and counter-terrorism financing laws.

22. To perform other obligations as specified by law.

Article 25. An association’s affiliates

1. Branches and representative offices:

a/ An association operating nationwide or in inter-provincial localities may establish its branches or representative offices in provinces or centrally run cities other than the locality where its head office is located;

b/ If wishing to establish a branch or representative office, the association shall send a dossier to the provincial-level People’s Committee of the locality where the branch or representative office is planned to be located. The dossier must comprise:

An (original) application for establishment of the branch or representative office, clearly stating the name and address of the association’s head office; the association’s main purpose, operation field and scope of operation; the necessity of establishment of the branch or representative office; the projected name and address of the branch or representative office; the contents and scope of operation of the branch or representative office, and essential information on the projected head of the branch or representative office (including his/her full name, place of permanent residence, identity card number, citizen identity card number, people’s identity card number or passport number);

Documents proving the lawful right to use the place where the branch or representative office is planned to be located as specified by law (the original or a certified copy or copy enclosed with the original for collation).

The association’s establishment decision and charter (the original or a certified copy or a copy enclosed with the original for collation).

c/ Within 30 working days after receiving a complete and valid dossier, the chairperson of the provincial-level People’s Committee shall consider and decide to permit the association to establish its branch or representative office; in case of refusal, he/she shall issue a written reply, clearly stating the reason;

d/ After obtaining a written approval from the chairperson of the provincial-level People’s Committee for the establishment of its branch or representative office, the association shall report thereon to the Ministry of Home Affairs and related ministries or the ministerial-level agency in charge of state management of the sector or domain in which the association operates;

dd/ The association’s branches and representative offices shall operate in accordance with law and its charter and submit to the state management by the provincial-level People’s Committees of the places where its branches or representative offices are located.

2. Offices, specialized divisions and departments and organizations under other names shall be established by the association to advise and assist its executive board and standing body in performing their tasks and exercising their powers in accordance with law and the association’s charter.

3. Inter-chapters, chapters, divisions, groups or other names (below collectively referred to as chapters) are organizations with no legal person status, seals or accounts established under the association’s charter. The chapter’s regular meeting venue must be clearly specified in its establishment decision; when the chapter organizes its meetings, it shall report thereon to local authorities in accordance with the assembly law.

4. Affiliates with the legal person status may be established in accordance with law to perform the association’s tasks in line with its guiding principles and purposes, fields of operation as defined in its charter:

a/ The association shall be responsible for managing such affiliates in a strict and comprehensive manner, adhering to the principle of not-for-profit purpose in its organization and operation;

b/ Conditions, procedures and dossiers for establishment of affiliates must comply with specialized laws and other relevant laws. Before submitting a dossier for establishment of an affiliate to a competent agency, the association shall consult related competent state agencies specified in Clause 2, 3 or 4, Article 15 of this Decree corresponding to the scope of its operation;

c/ Within 30 working days after being granted an operation registration certificate or operation license by a competent state agency, the association shall report on the establishment of the affiliate with the legal person status to the competent state agencies specified in Clause 2, 3 or 4, Article 15 of this Decree, corresponding to the scope of its operation for monitoring. A dossier must comprise:

The (original) decision on establishment of an affiliate;

The operation registration certificate or operation license granted by the competent state agency (the original or a certified copy or a copy enclosed with the original for collation);

The seal specimen registration certificate (the original or a certified copy or a copy enclosed with the original for collation);

The (original) decision on appointment of the at-law representative.

d/ If an affiliate with the legal person status violates laws or operates in contravention with the scope of the association’s operation, the competent state agencies specified in Clause 2, 3, or 4, Article 15 of this Decree may request the association to issue a decision on dissolution of the affiliate and request the competent state agency to revoke the operation registration certificate or operation license and revoke the affiliate’s seal.

5. The establishment, reorganization, arrangement and termination of operation of affiliates specified in Clauses 1, 2, 3 and 4 of this Article under the association’s charter must comply with law.

6. After obtaining dissolution decisions of the competent state agencies specified in Clause 2, 3 or 4, Article 15 of this Decree, the affiliates specified in Clauses 1, 2, 3 and 4 of this Article shall terminate their operation and be dissolved in accordance with law and the association’s charter.

Article 26. Finances and assets of an association

1. Finances of an association:

a/ The association’s revenues:

Its admission fee and annual membership fees;

Revenues from its activities in accordance with law;

Donations, aid and funds from domestic and foreign organizations and individuals in accordance with law;

State budget support (if any) for the assigned tasks as specified by law;

Other lawful revenues.

b/ The association’s expenditures:

Expenses for performing its tasks;

Expenses for performing the assigned tasks (if any);

Expenses for office rental and procurement of working facilities;

Expenses for implementing policies and regimes for personnel working in the association as stated in its regulations in accordance with law;

Expenses for commendation and other expenses specified in its regulations.

2. Assets of an association include its head office and other lawful assets as specified by law.

3. The management and use of an association’s finances and assets must comply with the civil, finance, accounting, audit and statistics laws and the association’s charter, adhering to the principle of not-for-profit purpose. The management and use of public assets must comply with the law on management and use of public assets.

4. Upon the division, splitting, merger, consolidation or operation suspension, finances and assets of an association shall be handled under Article 36 of this Decree and relevant laws.

Article 27. Process of provision of state budget funds as support for assigned tasks

1. For tasks assigned by central or local competent authorities:

a/ Based on competent authorities’ policy of assigning tasks to an association, the association shall formulate an implementation scheme or plan (clearly stating in detail the quantity and volume of tasks to be covered by the state budget);

An association operating nationwide or in inter-provincial localities shall consult the state management agency in charge of the sector or domain in which it operates, the Ministry of Finance and other central agencies related to the assigned tasks, as well as the Ministry of Planning and Investment about the request for central budget funds as support for development investment for performing public investment tasks (the time limit for responses from consulted agencies must not exceed 15 working days).

For a locality-based association, the association shall consult specialized state management agencies, finance, and planning and investment agencies, and other related local agencies at the same level (the time limit for responses from consulted agencies must not exceed 15 working days).

b/ After receiving opinions from consulted agencies, the association shall finalize the implementation scheme or plan (enclosed with opinions of consulted agencies) and submit it:

To the Prime Minister for consideration and issuance of a decision on assignment of tasks to the association operating nationwide or in inter-provincial localities;

To chairpersons of People’s Committees at all levels for consideration and issuance of decisions on assignment of tasks to the association operating within a province, district or commune as decentralized;

c/ Based on a task assignment decision specified at Point b of this Clause:

The association shall formulate funding estimates and send them to the same-level finance agency for funding support from the state budget’s recurrent expenditures in accordance with the law on the state budget.

The association shall formulate an investment plan and send it to the same-level planning and investment agency for funding support for development investment from the state budget for summarization and submission to a competent authority in accordance with the law on public investment.

2. For tasks with funding support allocated from national target programs, the process of funding support provision must comply with such programs’ financial mechanisms.

3. For tasks assigned to associations by ministries or central agencies, funding support  come from funding sources of assigning agencies.

4. The management, use and finalization of state budget funds allocated to associations must comply with the laws on the state budget and public investment and relevant laws.

5. For associations assigned tasks by the Party or the State, the process of funding support provision must comply with Clauses 2 and 3, Article 39 of this Decree.

Article 28. Commendation

1. Associations that make great contributions to socio-economic development shall be commended in accordance with the law on emulation and commendation.

2. Organizations, individuals, members or persons working at associations who record achievements shall be commended by their associations under the associations’ regulations or shall be proposed by the associations to competent state agencies for commendation in accordance with the law on emulation and commendation.

Article 29. Disciplining and settlement of feedback, recommendations, disputes, complaints and denunciations related to associations

1. Members, affiliates and persons working at an association who violate the association’s charter, rules and regulations will be considered for being disciplined in accordance with the association’s regulations. In case a member, an affiliate or a person working at an association causes material damage, he/she/it shall pay compensation and bear responsibility for such damage in accordance with law.

2. The settlement of feedback, recommendations, disputes, complaints and denunciations related to an association shall be advised by the association’s inspection board according to the association’s charter and rules. If the association fails to do so, such feedback, recommendations, disputes, complaints and denunciations shall be transferred to the court for settlement in accordance with law.

Article 30. Handling of violations

1. An association shall be considered for operation suspension by the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree when:

a/ The association is detected to breach the principle of operation for not-for-profit purpose;

b/ A complicated issue related to security and social order and safety arises in the course of organization and operation of the association;

c/ The association violates regulations on management of assets and finances, receipt, management and use of donations and aid;

d/ The association fails to report on congress results under Article 21 of this Decree, implement the regime of reporting on organization and operation, annual financial statements as urged in writing by the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree within 30 working days after the receipt of a reminder;

dd/ The association fails to report as required within 60 working days after the association is licensed to establish a representative office or branch, or granted an operation registration certificate or operation license by the competent state agency specified in Clause 4, Article 25 of this Decree or when being relieved from duty or removed from office or having the title of president, vice president, secretary-general, or member of the executive board, standing body or inspection board changed, or having the association’s head office, representative office or branch relocated;

e/ The association fails to respond within 60 working days to a written request of the competent state agency specified in Clause 2, 3 or 4 of Article 15 for the association’s fulfillment of one of the obligations or responsibilities specified in Clauses 3, 13, 14, 15, 18, 19, 20 and 21, Article 24 of this Decree;

g/ The association fails to implement regulations on settlement of, or reporting to competent state agencies on, a conflict or dispute related to the association within 90 working days after receiving a written request from the competent agency;

h/ The association fails to implement regulations on reporting on the association’s activities (including affiliates with the legal person status).

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

a/ It violates Clause 2, Article 24 of this Decree;

b/ It organizes its congress without permission of the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree;

c/ It fails to organize its congress after the extension period specified at Point c, Clause 4, Article 19 of this Decree expires, unless there is a force majeure reason;

d/ It fails to report on its organization, operation and finances as required or fails to disclose financial statements, account-finalization statements and audit conclusions (if any) for 2 consecutive years;

dd/ It fails to remedy the violations specified in Clause 6, Article 33 of this Decree when the operation suspension period expires;

e/ Its executive board fails to complete the dissolution procedures within 180 days after more than half of its official members request its dissolution;

g/ It does not have the required number of members as specified in Clause 6, Article 10 of this Decree by the time of reporting on the organization of the term-based congress to the competent state agency.

3. Persons who infringe upon the right of assembly or take advantage of associations’ names to carry out illegal activities or their positions or powers to permit establishment of associations in contravention with this Decree shall, depending on the nature and severity of their violations, be disciplined, sanctioned for administrative violations or examined for penal liability in accordance with law; in case of causing material damage, they shall pay compensations in accordance with law.

Chapter V

RENAMING, DIVISION, SPLITTING, MERGER, CONSOLIDATION, OPERATION SUSPENSION AND DISSOLUTION OF ASSOCIATIONS

Article 31. Renaming of associations

1. The renaming of an association shall be considered and approved by the congress, except the case of giving a new name to the association established as a result of division, splitting, merger or consolidation.

2. New names of associations must comply with Clause 1, Article 10 of this Decree, and must neither be confusing nor change the associations’ main fields of operation nor be confusingly similar to the fields of operation of other lawfully established associations.

3. Associations shall modify their charter according to their new names. The new names of associations will take effect after the competent state agencies specified in Article 15 of this Decree issue decisions permitting the renaming of associations and approving the associations’ charters.

Article 32. Division, splitting, merger and consolidation of associations

1. Depending on requirements and capacity of an association, its executive board may request a competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree to permit the division, splitting, merger or consolidation of the association. The division, splitting, merger or consolidation of associations must comply with this Decree, relevant regulations, and Clause 1, Article 10 of this Decree.

2. A dossier for division, splitting, merger or consolidation of an association must comprise:

a/ An application (original) for division, splitting, merger or consolidation of the association, clearly stating the reason and necessity for the division, splitting, merger or consolidation, and ensuring compliance with law;

b/ A scheme (original) on division, splitting, merger or consolidation of the association, adopted by the association’s executive board, specifying a plan on settlement of issues related to assets, finances, labor and members of the association; functions, powers and fields of operation, responsibilities and obligations, and list of members of the executive board and inspection board of the new association;

c/ A resolution (original), issued by the association’s executive board, on the division, splitting, merger or consolidation of the association;

d/ A draft charter (original) of the association upon division, splitting, merger or consolidation of the association;

dd/ A curriculum vitae and criminal records certificate No.1 (originals), made within 6 months by the date of dossier submission, of the person expected to be the president of the new association; for those participating in the executive board of the new association, if being subject to management under regulations on power decentralization for personnel management or being cadres, civil servants or public employees, the written consent of competent authorities is required (in this case, the person expected to be the president of the new association is not required to submit criminal records certificate No. 1);

e/ A document proving the lawful right to use the place where it is expected to locate the head office of the new association established as a result of the division, splitting, merger or consolidation (the original or a certified copy or a copy together with the original for collation).

3. Procedures for division, splitting, merger or consolidation of associations:

a/ An association undergoing division, splitting, merger or consolidation shall send 1 set of dossier specified in Clause 2 of this Article to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree, and the state management agency in charge of the main field in which the association operates;

b/ Within 60 working days after receiving a complete and valid dossier, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall consider and decide to permit the division, splitting, merger or consolidation of the association;

c/ The divided, merged or consolidated associations (except the case of splitting of associations) will terminate their existence after the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree issues a decision to permit the division, merger or consolidation. The rights and obligations of the divided, merged or consolidated associations shall be transferred to the new associations. In case of splitting of an association, the split association and the association established as a result of the splitting shall jointly take responsibility for the rights and obligations of the association prior to the splitting.

4. Division, splitting, merger, consolidation or dissolution of associations upon adjustment of administrative boundaries:

a/ For an association operating within a province, district or commune, upon adjustment of administrative boundaries as a result of the division, splitting, merger or consolidation, the association’s executive board shall consider and decide on the division, splitting, merger, consolidation or dissolution in conformity with new administrative units, and send a dossier to the competent state agencies of the new administrative units as specified in Clause 3 or 4, Article 15 of this Decree. The dossier must comply with Clause 2 of this Article; names of the associations established as a result of the division, splitting, merger or consolidation shall be associated with the names of the new administrative units;

b/ Within 60 working days after receiving a complete and valid dossier, the competent state agencies of the new administrative units specified in Clause 3 or 4, Article 15 of this Decree shall consider and decide to permit the division, splitting, merger, consolidation or dissolution of the associations.

5. Holding of congresses and approval of the charter of new associations established as a result of division, splitting, merger or consolidation of associations:

a/ Within 60 working days after the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree issues a decision permitting the division, splitting, merger or consolidation of associations, the new associations shall organize congresses to approve the contents specified in Clause 1, Article 20 of this Decree;

b/ Associations shall report on the results of the congress as specified in Clause 1, Article 21 of this Decree to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree to request approval of the charter of the associations according to their competence.

Article 33.  Suspension of operation of associations

1. An association shall be considered by the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree for suspension of operation for no more than 180 days when such agency detects that the association falls into one of the cases specified in Clause 1, Article 30 of this Decree.

2. After concluding that the association violates Clause 1 of this Article, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall consider and decide to suspend the operation of the association.

3. During the suspension period, the association may only carry out activities to remedy consequences of the violations as concluded by the competent agency.

4. During the suspension period, if the association has managed to remedy the violations, it shall prepare a dossier of request for operation resumption and send it to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree for consideration and decision. The dossier (original) must comprise:

a/ The association’s written request for resumption of operation;

b/ The report of the association’s executive board and documents proving that the association has remedied the violations.

5. After receiving a complete and valid dossier as specified in Clause 4 of this Article, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall permit the association to resume its operation; in case of refusal, it shall issue a written reply, clearly stating the reason.

6. Past the suspension period, if the association cannot remedy the violations, the suspension period shall be automatically extended by 30 working days. Past the extended period, if the association still cannot remedy the violations, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall consider and decide to extend such period once more. The extended period must not exceed 60 working days. Past the 60-day period, if the association fails to remedy the violations, the competent state agency shall decide to dissolve the association.

7. For the suspension of and permission for resumption of operation of associations assigned tasked by the Party or the State, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall report such to the competent authority for the latter to give opinions before considering and deciding to suspend the operation of the association or permit resumption of operation of the association according to this Decree.

Article 34. Self-dissolution of associations

1. An association will dissolve by itself when:

a/ Its goals have been achieved;

b/ It no longer has assets or conditions to ensure its activities;

c/ The self-dissolution is requested by more than half of the association’s official members or under the resolution of the association’s executive board.

2. The association shall make 1 set of dossier for dissolution, which must comprise:

a/ An application for dissolution of the association;

b/ A minutes bearing the signatures of more than half of the association’s official members, or the resolution on the dissolution of the association, adopted by the association’s executive board;

c/ A statement of assets and finances;

d/ A plan to handle assets and finances and deadlines for debt payment.

3. The association shall send the dossier to the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree and notify the deadline for debt payment (if any) to related organizations and individuals in accordance with law at the association’s head office and its representative offices (if any) within 30 working days, for associations operating nationwide or in inter-provincial localities; or at the association’s head office within 15 working days, for associations operating within provinces, districts or communes.

4. The competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall decide to dissolve the association after 15 working days from the deadline for debt payment and liquidation of assets and finances as stated in the notice of the association applying for the dissolution if no complaint is filed.

5. The association shall terminate its operation from the effective date of the competent state agency’s decision on dissolution of the association. The self-dissolved association may not be reestablished within 5 years from the effective date of the decision on dissolution of the association.

Article 35. Associations subject to dissolution

1. An association shall be dissolved under the decision of a competent state agency specified in Clauses 2, 3 or 4, Article 15 of this Decree when falling into one of the cases specified in Clause 2, Article 30 of this Decree.

2. After concluding that the association falls into one of the cases specified in Clause 2, Article 30 of this Decree, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree shall:

a/ Request the association to conduct an inventory of assets and finances; make a plan to handle assets and finances and deadlines to pay debts in accordance with law and the association’s charter;

b/ Consult agencies related to the association’s operation on the association’s dissolution;

c/ Post a notice that the association is about to be dissolved and deadline for debt payment, and liquidation of assets and finances of the association in 3 consecutive issues of a central printed newspaper or electronic newspaper, for associations operating nationwide or in inter-provincial localities, or on a local printed or electronic newspaper, for associations operating within provinces, districts or communes.

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

4. In case the association is dissolved but disagrees with the dissolution decision, it may lodge a complaint in accordance with law. Pending the settlement of the complaint, the association is not allowed to operate.

5. The association shall terminate its operation from the effective date of the decision on its dissolution.

6. The dissolved association may not be reestablished within 5 years from the effective date of the decision on its dissolution, except special cases as considered and decided by competent authorities.

7. When wishing to dissolve associations assigned tasks by the Party or the State, the competent state agency specified in Clause 2, 3 and 4, Article 15 of this Decree shall report such to competent authorities for opinion before considering and deciding to dissolve the associations in accordance with this Article.

Article 36. Handling of assets and finances upon division, splitting, merger, consolidation, operation suspension or dissolution, and revocation of seals of associations

1. Handling of assets and finances of an association upon division or splitting:

a/ After being divided, the association shall terminate its operation, and rights and obligations related to assets and finances shall be transferred to the new association under the association division decision;

b/ After being split, the associations established as a result of the splitting shall exercise the rights and perform the obligations related to their assets and finances in line with their operation objectives.

2. Handling of assets and finances of an association upon merger:

a/ For an association merged into another association, its assets and finances shall be transferred to the merging association;

b/ The merging association is entitled to the lawful rights and interests related to the merged association’s existing assets and finances and shall be held liable for unpaid debts related to assets and finances of, and service contracts currently performed by, the merged association.

3. Handling of assets and finances of an association upon consolidation:

a/ After associations are consolidated into a new association, the consolidated associations terminate their existence and the new association is entitled to the lawful rights and interests of, and shall be liable for unpaid debts and service contracts currently performed by, the consolidated associations;

b/ Assets and finances of the consolidated associations may neither be divided nor moved, but shall be wholly transferred to the new association.

4. Handling of assets and finances of an association upon operation suspension:

During the suspension period, the association may only pay for recurrent expenditures for the operation of the standing division assisting the association until obtaining the competent state agency’s decision.

5. Handling of assets and finances of an association upon dissolution:

a/ Assets of the association may not be divided. The sale or liquidation of assets of the association must comply with relevant laws;

b/ All existing amounts of the association and proceeds from the sale or liquidation of the association’s assets shall be paid in the following order:

Payment for dissolution of the association;

Payment of unpaid amounts of wages, severance allowance, and social insurance and health insurance premiums for employees as prescribed by law and other benefits of employees under signed collective labor agreements and labor contracts;

Payment of tax arrears and other payable amounts.

c/ The remaining assets and finances of the association, and assets and finances given as donations or aid by domestic and foreign organizations and individuals shall be remitted to the budget of the authority permitting the establishment of the association. For assets as allocations or originating from the state budget (if any), the association shall transfer them to the finance agency at the same level with the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree for handling in accordance with the law on management and use of public assets.

6. When undergoing division, splitting, merger, consolidation or dissolution, the association shall carry out inventory and classification of assets to determine the handling of assets, specifically as follows:

a/ For assets being public assets, their management, use and handling must comply with the law on management and use of public assets;

b/ For assets formed from the association’s own resources, their management, use and handling must comply with the civil law, relevant laws and the association’s charter.

7. Revocation of seals of associations:

The revocation of seals of associations undergoing renaming, division, merger, consolidation, operation suspension or dissolution must comply with the law on management and use of seals, and relevant laws.

 

Chapter VI

PROVISIONS APPLICABLE TO ASSOCIATIONS ASSIGNED TASKS BY THE PARTY OR THE STATE

Article 37. Associations assigned tasks by the Party or the State

1. Associations assigned tasks by the Party or the State and operating nationwide are provided in Appendix I to this Decree.

2. Associations assigned tasks by the Party or the State and operating in provinces, districts or communes shall be considered and decided by provincial-level People’s Committees after consulting provincial-level competent authorities provided that the associations have been assigned payroll, received allocations or support in terms of funds and conditions for operation, and are assigned tasks on a regular basis in line with the Party’s regulations and specific conditions and requirements of localities.

3. Associations assigned tasks by the Party or the State shall comply with general provisions of this Decree and specific provisions of this Chapter VI.

Article 38. Rights, obligations and responsibilities of associations

1. Rights of associations:

a/ To be provided with information and disseminated with the Party’s guidelines and the State’s policies and laws;

b/ To give opinions in the formulation of mechanisms and policies directly related to their functions, tasks, powers and fields of operation;

c/ To be assigned to carry out a number of professional activities and public services suitable to their fields of operation under regulations;

d/ To participate in providing consultancy and criticism on policies, programs, themes and projects at the request of state agencies; to take charge of or participate in themes and schemes related to their fields of operation;

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

e/ To organize a number of economic activities; to receive lawful resources at home and abroad in line with their principles, operation purposes, and assigned functions and tasks; to cooperate with organizations and individuals; to participate in people-to-people diplomacy and a number of cooperation mechanisms in accordance with law.

2. Obligations and responsibilities of associations:

a/ To disseminate, organize public communication about, and mobilize members and people of all walks of life to implement, the Party’s guidelines, the State’s policies and laws, and policies and decisions related to their organization and operation; to actively participate in the country’s economic, cultural and social development programs; to perform tasks assigned by the Party and the State, and enhance social consensus;

b/ To operate in line with their principles, purposes, functions and tasks; to closely direct and manage activities of subordinate legal persons; to manage and use allocated expenditures and assets, and funds in accordance with the Party’s regulations, the State’s laws and their charter; to abide by the guidance, examination, supervision, inspection and audit of functional agencies;

c/ To develop, gather and unite members in patriotic emulation movements and campaigns; to represent, protect, report, recommend, and coordinate in settling issues related to lawful and legitimate rights and interests of, members, and people of all walks of life;

d/ Every 6 months and 1 year or upon request, to send reports on their organization and operation to competent authorities under regulations, the Vietnam Fatherland Front Committees at the same level (if the associations are member organizations of the Committees), the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree, and state management agencies in charge of the main sectors and fields in which the associations operate;

dd/ To consult competent authorities under regulations about annual programs and plans of operation and term-based congresses and extraordinary congresses; to invite representatives of competent authorities under regulations to attend meetings of the Party organizations (for associations having Party organizations) or attend meetings of the standing body (for associations without Party organizations);

e/ The renaming, division, splitting, merger, consolidation, operation suspension or dissolution of associations as specified in Chapter V of this Decree shall be approved by competent authorities;

g/ The relocation of head offices, opening of representative offices, or establishment of associations’ organizations with the legal person status must comply with law and shall be notified in writing to competent authorities under regulations, the competent state agency specified in Clause 2, 3 or 4, Article 15 of this Decree and the state management agencies in charge of the main sectors and fields in which the associations operate corresponding to the scope of operation of associations;

h/ To formulate annual programs and plans, specifying the quantity and volume of tasks eligible for support from the state budget, and consult competent authorities assigned to monitor and direct the operation of associations before June 30.

Article 39. The State’s policies on associations assigned tasks by the Party or the State

1. The central budget shall provide central-level associations assigned tasks by the Party or the State with financial support, covering:

a/ Salaries, allowances and other regimes and policies under regulations for persons of working age who are assigned or transferred to work at associations under competent agencies’ decisions and persons who are recruited within the payrolls of associations;

b/ Remuneration for people holding the titles of full-time presidents and vice presidents of associations who have retired;

c/ Expenses for regular activities, calculated according to the norms for allocation of expenditures for state management work, and for operation of Party and mass organizations like for central-level state administrative agencies within the assigned payrolls;

d/ Funds for performing tasks assigned by competent authorities specified in Article 8 of this Decree;

dd/ Support in terms of physical foundations and means of operation in accordance with the laws on land, public assets, and the state budget, and relevant laws;

e/ Associations shall make estimates of central budget funds as support under Points a, b, c and dd of this Clause in accordance with the law on the state budget and send them to the Ministry of Finance.

2. Process of assigning tasks and providing financial support for central-level associations assigned tasks by the Party or the State:

a/ For tasks included in annual work programs and plans of an association for which the association’s managing competent agency has given opinions as assigned, clearly stating tasks eligible for financial support from the state budget (specific quantity and volume of tasks), the association shall make estimates and send them to the Ministry of Finance in accordance with the law on the state budget and relevant laws;

b/ For tasks assigned by a competent authority to an association but not yet included in annual work programs and plans, if the competent authority has assigned the specific quantity and volume of tasks eligible for support from the state budget, the association shall make estimates and send them to the Ministry of Finance in accordance with the law on the state budget and relevant laws. In case tasks assigned by the competent authority do not state the specific quantity and volume of tasks eligible for support from the state budget, the association shall formulate a scheme or plan on implementation (stating the specific quantity and volume of tasks eligible for support from the state budget), and send it to the management agency in charge of the main sector or domain in which the association operates, the Ministry of Finance and agencies related to the assigned tasks for collection of the latter’s opinions (the time limit for giving opinions must not exceed 15 working days). After receiving opinions from these agencies, the association shall complete such scheme or plan and submit it to the agency competent to assign tasks for decision.

Based on the opinions of the competent authority, the association shall make estimates and send them to the Ministry of Finance in accordance with the law on the state budget and relevant laws;

c/ For the tasks specified at Points a and b of this Clause that are eligible for support from or use of public investment capital, the law on public investment shall apply;

d/ For tasks assigned to the association by ministries and central sectors, the task-assigning agency shall cover funds used for support.

dd/ For tasks eligible to use funds of a national target program, the financial mechanism of such national target program shall apply.

3. For local-level associations assigned tasks by the Party or the State, based on the financial support items specified in Clauses 1 and 2 of this Article, provincial-level People’s Committees shall provide support from local budgets in accordance with law.

4. Support in terms of physical foundations and means of operation for associations assigned tasks by the Party or the State shall be based on the fund-balancing capacity of the state budget (the central budget, for associations operating nationwide that are assigned tasks by the Party or the State; or local budgets, for associations operating within provinces, districts or communes that are assigned tasks by the Party or the State) and associations’ ability to mobilize financial resources.

Article 40. Policies and regimes for persons working at associations assigned tasks by the Party or the State

1. Persons who work regularly at an association include full-time president and vice presidents; persons working in advisory and assisting units within the assigned payroll; and persons working under contracts.

2. Recruitment, employment and management of persons working regularly at an association:

a/ Persons of working age who are assigned or transferred to work at the association under competent agencies’ decisions and persons who are recruited within the association’s payroll shall comply with the law on cadres and civil servants;

b/ People working at the association who have retired and people of working age who work at the association but do not fall into the case specified at Point a of this Clause shall sign labor contracts in accordance with the labor law.

3. Salaries, allowances, health insurance, social insurance, remuneration, commendation, training, further training and other policies and regimes:

a/ Persons of working age who are assigned or transferred to work at the association under competent agencies’ decisions and persons who are recruited within the association’s assigned payroll are entitled to policies and regimes toward cadres and civil servants and shall comply with the retirement regime under regulations;

b/ People working at the association who do not fall into the cases specified at Point a of this Clause and in Clause 4 of this Article are entitled to wages and other regimes and policies decided by the association in conformity with the work requirements and lawful financial sources of the association, ensuring reasonableness within the association and compliance with the labor law.

4. People as full-time presidents and vice presidents of associations who have retired are entitled to remuneration under regulations.

5. Funds for paying remuneration to the subjects specified in Clause 4 of this Article shall be allocated from the state budget as annual support for associations.

Article 41. Leadership bodies of an association

1. National congress:

a/ The national congress is the highest leadership body of an association, that is held every 5 years or extraordinarily when necessary. The current executive board shall convene the congress after a competent authority approves the plan on holding of the congress, documents and personnel to be submitted to the congress. The congress may be held only when more than two-thirds of the convened delegates are present. An extraordinary congress may be held when more than two-thirds of members of the current executive board so propose and such proposal is approved by a competent authority. The number, structure, criteria, and conditions for delegates attending the congress shall be decided by the executive board convening the congress; the recognition or non-recognition of the eligibility of delegates shall be decided by the congress;

b/ Tasks of the congress:

To evaluate the implementation results of the resolutions of the current term of office, and decide on the orientations, goals, tasks and solutions for the next term of office;

To discuss the renaming of the association (if any); to approve the modification and supplementation or the maintenance of the current charter;

To approve the personnel plan for the congress submitted by the current executive board;

To elect the executive board of the new term of office;

To deal with other matters as provided in the association’s charter;

To adopt the congress’s resolution.

2. The association’s executive board and standing body:

a/ The executive board is the leadership body in the interval between 2 congresses. The standing body is the leadership body in the interval between 2 sessions of the executive board;

b/ Tasks of the association’s executive board:

To formulate a personnel plan for the congress, estimating the number, structure, criteria, and conditions of the executive board, standing body, standing board and inspection board for the new term of office;

To elect the standing body, president, vice presidents, inspection board and head of the inspection board;

To perform other tasks as provided in the association’s charter in accordance with law.

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

Article 42. President, vice presidents, and personnel preparation for executive board, standing body, inspection board, president and vice presidents of an association

1. The president of an association must satisfy the criteria and conditions specified in Clause 7, Article 22 of this Decree and comply with 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, specify the criteria and conditions for its vice presidents, ensuring compliance with the competent authority’s regulations on age, health, and term of office.

3. The personnel preparation for the executive board, standing body, inspection board, president and vice presidents of the association must comply with the competent authority’s regulations.

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

a/ An association with the Party organization may elect at most 3 full-time vice presidents;

b/ An association without the Party organization may elect at most 2 full-time vice presidents;

c/ To meet the operation requirements, part-time vice presidents may be arranged with the number of them decided by a competent authority after considering the association’s proposal.

5. The number of full-time vice presidents at associations assigned tasks by the Party or the State must be at most 2, for associations operating within provinces, or at most 1, for associations operating within districts.

 

Chapter VII

STATE MANAGEMENT OF ASSOCIATIONS

Article 43. Responsibilities of the Ministry of Home Affairs

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

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

3. To propose the Prime Minister to consider and approve the charter of associations, for associations operating nationwide with Party organizations; to exercise the competence specified in Clause 2, Article 15 of this Decree; to collect written opinions of ministries and sectors related to the operation of associations upon settlement of association-related procedures falling within the competence of the Minister of Home Affairs.

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

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

6. Within the ambit of its functions and tasks, to inspect and examine the observance of the law on associations and examine the implementation of the charter of associations, except contents falling within the functions, tasks and state management competence of ministries and ministerial-level agencies and operation of associations’ organizations having the legal person status.

7. To commend or propose competent authorities to commend associations, organizations and individuals that have recorded achievements in associations’ operation in accordance with law.

8. To settle complaints and denunciations, and handle violations related to the Ministry’s administrative decisions and official duties of cadres and civil servants of organizations under the Ministry in accordance with the law on complaints and denunciations.

9. To assist the Government in managing the payroll of central-level associations assigned tasks by the Party or the State in accordance with law and competent agencies’ regulations.

10. To approve aid amounts; to inspect and monitor the receipt, management and use of aid by associations the establishment of which is permitted and the charter of which is approved by the Ministry of Home Affairs in accordance with law.

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

12. To establish, operate and manage the database on associations; to update the database on associations operating nationwide or in inter-provincial localities.

13. To perform other tasks as provided by law.

Article 44. Responsibilities of ministries and ministerial-level agencies

1. To perform the state management of associations in the fields under the state management of ministries and ministerial-level agencies in accordance with law; to collect opinions of associations to improve regulations on state management of sectors and fields.

2. The state management agency in charge of the main sector or domain in which an association is expected to operate shall consult agencies related to the association’s operation before considering and deciding to recognize the campaign board for the establishment of the association.

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 settlement of association-related procedures defined in Clause 2, Article 15 of this Decree; to guide, and create favorable conditions for, associations in holding congresses for the establishment of associations, term-based congresses, and extraordinary congresses.

4. To guide, and create favorable conditions for, associations to participate in activities in sectors and fields under the state management of ministries and sectors; to guide associations to participate in programs, projects and research themes, and provide counseling, public services and training, issue practice certificates, capacity certificates, and other certificates under their management competence in accordance with law; to issue operation registration certificates or operation licenses to organizations with the legal person status (if any) specified in Clause 4, Article 25 of this Decree, and strictly manage these organizations in accordance with law.

5. To collect opinions of the competent state management agencies specified in Clause 2, Article 15 of this Decree before issuing operation registration certificates or operation licenses to associations’ organizations with the legal person status specified in Clause 4, Article 25 of this Decree.

6. To commend or propose competent authorities to commend associations, organizations and individuals that have recorded achievements in associations’ activities related to the fields under the state management of ministries and ministerial-level agencies in accordance with law.

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

8. To settle complaints and denunciations, and handle violations related to administrative decisions of ministries and ministerial-level agencies and official duties of cadres and civil servants of units under ministries and ministerial-level agencies related to associations in accordance with the law on complaints and denunciations.

9. To coordinate with associations and related agencies in proposing competent authorities to assign tasks to associations in conformity with their operation fields and the function of state management in the fields of associations’ operation.

10. To notify in writing the Ministry of Home Affairs of decisions on assignment of associations to participate in activities in the sectors and fields under the management of ministries or ministerial-level agencies, and of the provision of financial support to associations the establishment of which is permitted and the charter of which is approved by the Ministry of Home Affairs.

11. To annually review and report to the Ministry of Home Affairs on the operation of associations under their specialized management of associations’ main fields of operation.

12. To coordinate in establishing and operating the database on associations operating nationwide or in inter-provincial localities.

13. To perform other tasks as provided by law.

Article 45. Responsibilities of the Ministry of Finance

1. To review, and propose competent authorities to arrange, funds for current expenditures as support for associations operating nationwide or in inter-provincial localities in accordance with the Law on the State Budget.

2. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and related agencies in, inspecting finances and assets as support from the state budget for associations operating nationwide or in inter-provincial localities.

Article 46. Responsibilities of the Ministry of Public Security

To prevent and combat violations of associations and perform the state management of security and order for associations’ operation; to guide the procedures for registering seal specimens of associations.

Article 47. Responsibilities of the Ministry of Information and Communications

To perform the state management of press for associations’ newspapers and magazines established in accordance with the law on press; to give written opinions on the appointment, relief from duty, commendation and disciplining of leaders of press agencies under associations in accordance with the regulations of the Party and the State.

Article 48. Responsibilities of the Ministry of Foreign Affairs

To perform the state management of foreign affairs activities under the state management of the Ministry of Foreign Affairs in accordance with law.

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

1. To manage, inspect and examine the observance of the law on associations and associations’ charters, and organization and operation of associations operating within provinces, districts or communes in their localities, and propose the handling of violations (if any) committed by branches and representative offices of locality-based associations operating nationwide or in inter-provincial localities.

2. To disseminate, and guide provincial-level departments, sectors, district- and commune-level People’s Committees, associations, organizations and citizens in localities in implementing, the law on associations.

3. To direct provincial-level departments and sectors, and district- and commune-level People’s Committees in managing associations.

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

5. To commend or propose competent authorities to commend associations, organizations and individuals that have recorded achievements in operation of associations in their localities in accordance with law.

6. To provide, guide, and facilitate the operation of associations in their localities; to promulgate policies and mechanisms for associations to participate in providing a number of public services, and issuing practice certificates, capacity certificates and other certificates within the scope of state management functions according to their competence.

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

8. To manage the payroll of associations operating within provinces, districts or communes that are assigned tasks by the Party or the State in accordance with law and competent agencies’ regulations.

9. To settle complaints and denunciations, and handle violations related to provincial-level People’s Committees’ administrative decisions and official duties of cadres and civil servants of units under provincial-level People’s Committees that are related to associations in accordance with law.

10. To annually review and report to the Ministry of Home Affairs on the organization, operation and management of associations operating within provinces, districts or communes, including the operation of locality-based branches and representative offices of associations operating nationwide or in inter-provincial localities.

11. To consider and decide to assign tasks to associations operating within provinces or districts in conformity with the associations’ fields of operation.

12. To manage external activities and international conferences and seminars organized in their localities by associations operating within provinces, districts or communes.

13. To inspect and examine the observance of the law on accounting; to inspect financial activities and assets; to settle complaints and denunciations, and handle violations related to assets, finances, and accounting for associations operating within provinces, districts or communes.

14. To update the database on associations according to regulations on management decentralization; to coordinate with others in establishing, operating and managing the database on associations operating within provinces, districts or communes.

15. Chairpersons of provincial-level People’s Committees shall exercise the competence specified in Clause 3, Article 15 of this Decree.

16. To perform other tasks as provided by law.

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

1. To manage, inspect and examine associations operating within districts or communes in the observance of the law on associations and associations’ charter.

2. To inspect financial activities and assets; to settle complaints and denunciations, and handle violations related to assets, finances, and accounting for associations operating within districts or communes.

3. To commend or propose competent authorities to commend associations, organizations and individuals that have recorded achievements in accordance with law.

4. To settle complaints and denunciations, and handle violations related to administrative decisions and official duties of cadres and civil servants of organizations under district- and commune-level People’s Committees in accordance with law.

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

6. To annually review and report to provincial-level People’s Committees on the organization, operation and management of associations operating within districts or communes.

7. To update the database on associations according to regulations on management decentralization; to coordinate with others in establishing, operating and managing the database on associations operating within districts or communes.

8. Chairpersons of district-level People’s Committees shall exercise the competence specified in Clause 4, Article 15 of this Decree.

9. To perform other tasks as provided by law.

 

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 51. Forms of documents

1. List of forms of documents used for associations and Vietnamese organizations and citizens (Appendix II).

2. List of forms of documents used for state management agencies in charge of associations (Appendix III).

Article 52. Transitional provisions

1. Dossiers for settlement of association-related procedures that are submitted before the effective date of this Decree may continue to be processed under the Government’s Decree No. 45/2010/ND-CP of April 21, 2010, providing the organization, operation and management of associations, and the Government’s Decree No. 33/2012/ND-CP of April 13, 2012, amending and supplementing a number of articles of Decree No. 45/2010/ND-CP, and guiding documents.

2. An association assigned tasks by the Party or the State that has elected the number of full-time vice presidents before the effective date of this Decree in excess of the number specified in Clause 4 or 5, Article 42 of this Decree may continue their operation until the end of its current term of office. No additional election shall be conducted for the vacant full-time vice president(s) to ensure compliance with the number of full-time vice presidents specified in this Decree.

3. The charter of associations that has been approved by the competent state agency before the effective date of this Decree remains valid until the end of the current term of office of the associations. Then, such charter shall be modified and supplemented in accordance with this Decree.

4. Non-business units under associations that currently receive financial support from the state budget for their operation may continue to receive the support until the end of 2026. From 2027 onward, these units shall operate on the principles of autonomy and self-coverage of their operation expenses.

Article 53. Effect and implementation responsibility

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

2. To annul the Prime Minister’s Decision No. 68/2010/QD-TTg of November 1, 2010, providing particular associations, and the Prime Minister’s Decision No. 71/2011/QD-TTg of December 20, 2011, on assurance and support of funds 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, related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
NGUYEN HOA BINH

* The Appendices to this Decree are not translated.