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THE MINISTRY OF HOME AFFAIR
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No. 01/2004/TT-BNV
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Ha Noi, January 15th, 2004
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CIRCULAR
GUIDING THE IMPLEMENTATION OF A
NUMBER OF ARTICLES OF THE GOVERNMENTS DECREE No. 88/2003/ND-CP OF JULY 30, 2003
PROVIDING FOR THE ORGANIZATION, OPERATION AND MANAGEMENT OF ASSOCIATIONS
In furtherance of the
Governments Decree No.88/2003/ND-CP of July 30, 2003 providing for the
organization, operation and management of associations (hereinafter called the
Decree for short), the Ministry of Home Affairs hereby guides the
implementation thereof as follows:
I. ON THE SCOPE OF REGULATION
The scope of
regulation covers: associations, unions of associations, confederations,
federations, societies, clubs and associations under other names according to
law provisions (hereinafter referred collectively to as associations), which
have legal person status and operate nationwide or inter-provincially; within
provinces or centrally-run cities (hereinafter referred collectively to as
provinces); within rural districts, urban districts, provincial capitals or
towns (hereinafter referred collectively to as districts); and within communes,
wards and district townships (hereinafter referred collectively to as
communes).
II.
THE NUMBERS OF MEMBERS OF BOARDS CANVASSING FOR ESTABLISHMENT OF ASSOCIATIONS,
DOSSIERS FOR THE SETTING UP, AS WELL AS RECOGNITION AND TASKS OF BOARDS
CANVASSING FOR ESTABLISHMENT OF ASSOCIATIONS
1. To establish
associations, the founding members must set up boards canvassing for the
establishment thereof. The numbers of members of the association establishment-canvassing
boards are prescribed as follows:
a/ For associations
operating nationwide or inter-provincially, such a canvassing board must
comprise at least 10 members;
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c/ For associations
operating within districts or communes, it must have at least 3 members;
d/ For unions of
economic organizations operating nationwide, such a board must be composed of
at least 5 members representing various economic organizations; and for those
operating within provinces, it must comprise at least 3 members representing
various economic organizations in the provinces.
2. A dossier of
application for setting up an association establishment-canvassing board shall
include:
a/ The application for
recognition of the association establishment-canvassing board, clearly stating
the associations name, its guiding principles and purposes, the domains where
the association is expected to operate, the scope of operation, the expected
time for establishment of the association, and the temporary meeting venue;
b/ The list of those
who are expected to join the association establishment-canvassing board and
their curriculum vitae: their full names; dates of birth; residence places;
educational qualifications; and professional qualifications.
3. Recognition of the
association establishment-canvassing boards:
a/ Boards canvassing
for the establishment of associations operating nationwide or
inter-provincially shall be recognized by the ministries or ministerial-level
agencies (hereinafter referred collectively to as ministries) which perform the
State management over the branches or domains where the associations are
expected to operate;
b/ Boards canvassing
for the establishment of associations operating within provinces shall be
recognized by the services or agencies under the provincial Peoples Committees
(hereinafter referred collectively to as provincial/municipal services) which
perform the State management over the branches or domains where the associations
are expected to operate;
c/ Boards canvassing
for the establishment of associations operating within districts or communes
shall be recognized by the district Peoples Committees.
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a/ To mobilize
citizens and/or organizations to register for joining the associations;
b/ To prepare dossiers
for the establishment of the associations according to Article 8 of the Decree.
After completing all
preparations for the establishment of the associations, the association
establishment-canvassing boards shall send dossiers to:
- The Ministry of Home
Affairs, for associations operating nationwide or inter-provincially;
- The
provincial/municipal Home Affairs Services, for associations operating within provinces,
districts or communes.
The association
establishment-canvassing boards shall be automatically dissolved after the
associations executive boards are elected by their congresses.
III.
THE NUMBERS OF PEOPLE REGISTERING FOR PARTICIPATION IN THE ASSOCIATIONS
ESTABLISHMENT
1. For associations
operating nationwide or inter-provincially, there must be at least 100
signatures (applications for participation) of eligible citizens and/or
organizations in various provinces, voluntarily registering for participation
in the associations establishment.
2. For associations
operating within provinces, there must be at least 50 signatures (applications
for participation) of eligible citizens and/or organizations in the provinces,
voluntarily registering for participation in the associations establishment.
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4. For associations
operating within communes, there must be at least 10 signatures (applications
for participation) of eligible citizens and/or organizations in the communes,
voluntarily registering for participation in the associations establishment.
5. For unions of
economic organizations having members being representatives of Vietnamese
economic organizations with the legal person status and operating nationwide, there
must be at least 11 eligible legal person representatives in various provinces,
while for those operating within provinces, there must be at least 5 eligible
legal person representatives in the provinces, which are engaged in the same
production and business lines or the same operation domains meeting the
prescribed conditions and voluntarily registering for participation in the
unions establishment.
For professional
associations with professional peculiarities, the numbers of citizens and/or
organizations voluntarily registering for participation in their establishment
shall be considered and decided on a case-by-case basis by the competent State
agencies defined in Article 15 of the Decree.
IV.
APPROVAL OF ASSOCIATIONS CHARTERS
1. Within 30 days after
the congresses, the associations leaderships shall send the reports prescribed
in Article 13 of the Decree and the written requests for the approval of the
associations charters to the competent State agencies defined in Article 15 of
the Decree, namely:
a/ The Ministry of
Home Affairs, for associations operating nationwide or inter-provincially;
b/ The provincial
Peoples Committees (via the provincial/municipal Home Affairs Services), for
associations operating within provinces, districts or communes.
2. Within 60 days
after receiving the reports prescribed in Article 13 of the Decree and the
written requests for the approval of the associations charters, the competent
State agencies defined in Article 15 of the Decree shall base themselves on law
provisions, the contents of the associations draft charters and opinions of
competent State management agencies to decide on the approval of the charters.
In cases where the
associations charters contain contents contrary to law provisions, the
competent State agencies defined in Article 15 of the Decree shall guide the
associations leaderships to finalize the associations charters in strict
accordance with the current regulations.
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1. The organization of
associations shall be prescribed in the associations charters.
2. The personnel
working at associations standing bodies shall be decided by the associations
themselves. Wages and other regimes and policies for personnel working at the
associations standing bodies shall comply with the associations regulations and
be covered by the associations funding. For cadres enjoying salaries from the
State budget, their wages and other regimes and policies shall comply with the
States regulations.
3. Funding for the
operation of associations shall comply with the principle of self-financing. In
cases where the associations have their activities associated with the States
tasks, they shall be rendered with support from the State budget. The provision
of support from the State budget to the associations shall comply with the
Prime Ministers Decision No. 21/2003/QD-TTg of January 29, 2003 on the State
budget support rendered to political-social-professional organizations, social
organizations and social-professional organizations for activities associated
with the States tasks.
VI.
ADMISSION OF ASSOCIATED MEMBERS AND HONORARY MEMBERS
1. Unions of economic
organizations may admit associated members being joint-venture enterprises and
enterprises with 100% foreign capital, operating in Vietnam
(hereinafter referred to as enterprises with foreign elements).
2. Associations
(except for unions of economic organizations) shall only be allowed to admit
associated members and honorary members being Vietnamese citizens and
organizations. The rights and obligations of associated members and honorary
members shall be prescribed in the associations charters.
VII.
ON THE SETTING UP OF REPRESENTATIVE OFFICES AND CHANGE OF HEAD-OFFICES AND KEY
LEADING OFFICIALS OF ASSOCIATIONS
1. On the setting up
of representative offices
Associations operating
nationwide, when setting up their representative offices in other localities,
shall have to apply for permission of the Peoples Committees of the provinces
where the representative offices are to be located. The applications for
permission must clearly state:
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b/ The number of the
associations members in the localities and major operations;
c/ The office locations
(addresses, telephone numbers, fax numbers)
After obtaining the
provincial Peoples Committees consent, permitting the setting up of
representative offices, the associations must report thereon in writing to the
Ministry of Home Affairs and the ministries performing the State management
over the branches and domains where the associations operate.
2. When relocating
their head-offices, changing presidents, vice-presidents, secretaries general
or equivalent posts, the associations leaderships must report thereon in
writing to competent State agencies:
a/ For associations
operating nationwide or inter-provincially, the associations leaderships shall
send their reports to the Ministry of Home Affairs and the ministries
performing the State management over the branches and domains where the
associations operate;
b/ For associations
operating within provinces, the associations leaderships shall send their
reports to the provincial/municipal Home Affairs Services and the services
under provincial Peoples Committees, which perform the State management over
the branches and domains where the associations operate;
c/ For associations
operating within districts or communes, the associations leaderships shall send
their report to the provincial/municipal Home Affairs Services and the district
Peoples Committees.
Reports on the
relocation of head-offices must clearly state the new locations of the
head-offices (addresses, telephone numbers, fax numbers).
The associations
reports on the change of their presidents, vice-presidents, secretaries general
or equivalent posts shall be enclosed with resolutions on the election of
people to the above-stated posts and the curricula vitae of new leaders.
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Apart from the rights prescribed
in Article 22 of the Decree, unions of economic organizations shall also have
the following rights and responsibilities:
1. To act as the
standing bodies linking and urging the cooperation among member enterprises for
common interests;
2. To assist member
enterprises in technology transfer, managerial experiences and trade promotion;
3. To protect the
legitimate interests of members in commercial disputes and conciliate disputes
among them.
IX.
DIVISION, SEPARATION; MERGER; CONSOLIDATION; DISSOLUTION AND RENAMING OF
ASSOCIATIONS
1. The division,
separation; merger; consolidation; dissolution and renaming of associations
shall comply with the provisions of the Civil Code.
2. Under the
provisions of Clause 1, Article 28 of the Decree, if the associations fail to
conduct such activities as holding meetings of their executive boards or
standing boards according to their charters, organizing other activities, for
12 consecutive months, the competent State agencies defined in Article 15 of
the Decree shall decide to dissolve such associations.
3. The division,
separation, merger or consolidation of associations must be put up for
discussion in their executive boards for submission to the congresses for
decision. After the congresses resolutions on the division, separation; merger;
and consolidation of associations are adopted, the associations executive
boards shall request the competent State agencies defined in Article 15 of the
Decree to make decisions thereon. The establishment of new associations after
the resolutions on the division, separation, merger or consolidation are
adopted by the associations congresses shall comply with Article 8 of the
Decree.
4. The renaming of
associations must be put up for discussion in their executive boards for
submission to congresses. After the congresses resolutions on the renaming of
associations are adopted, the associations leaderships shall send reports and
resolutions on the renaming of the associations and the draft charters to the
competent State agencies defined in Article 15 of the Decree for consideration
and decision.
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1. For representatives
and leaderships of associations, who intentionally prolong the duration for
holding term congresses prescribed in the associations charters.
Within 12 months after
the expiry of a congress term, if an association fails to hold its congress,
the competent State agencies defined in Article 15 of the Decree shall send
documents requesting the association to hold its congress. Within 6 months
after receiving the written request for the organization of the congress, if
the associations representatives or leadership still fail to hold the congress,
the competent State agencies defined in Article 15 of the Decree shall decide
on the handling thereof by the following methods:
a/ Suspending the
administration of the associations by the associations representatives and
appoint a member of their leaderships to temporarily administer their
operations until new executive boards are elected;
b/ Holding the executive
boards meetings requesting the setting up of preparatory boards for the
organization of the congress. If the associations still fail to hold the
executive boards meetings, they shall be dissolved according to Clause 1,
Article 28 of the Decree.
2. In case of setting
up legal person organizations under associations ultra vires.
The associations
representatives must bear responsibility before law for the setting up of legal
person organizations under the associations ultra vires and the competent State
agencies defined in Article 15 of the Decree shall request the associations to
issue decisions to dissolve such organizations and request the competent State
agencies to revoke their seals.
3. The organization of
the associations term congresses must be reported to:
a/ The Ministry of
Home Affairs and the ministries performing the State management over the
branches and domains where the associations operate, for associations operating
nationwide or inter-provincially;
b/ The provincial/municipal
Home Affairs Services and the services under the provincial Peoples Committees,
which perform the State management over the branches and domains where the
associations operate, for associations operating within provinces;
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If the organization of
congresses is not reported, according to regulations, the competent State
agencies defined in Article 15 of the Decree shall request the associations to
stop the organization of the congresses or shall not approve the charters
adopted by such congresses.
4. The discipline of
associations representatives and leaderships shall be decided by the
associations according to their charters and law provisions, then reported to
the Ministry of Home Affairs and the ministries managing the branches and
domains where the associations operate, for associations operating nationwide
or inter-provincially; to the provincial/municipal Home Affairs Services and
the services under the provincial Peoples Committees, which perform the State
management over the domains where the associations operate, for associations
operating within provinces; and the provincial/municipal Home Affairs Services
or to the district Peoples Committees, for associations operating within
districts or communes.
XI.
RESPONSIBILITIES OF THE STATE MANAGEMENT AGENCIES TOWARDS ASSOCIATIONS
1. The Ministry of
Home Affairs shall assist the Government in unifying the State management over
associations, coordinate with the ministries and provincial Peoples Committees
in performing the State management over associations according to Article 32 of
the Decree, and have the responsibilities:
a/ To coordinate with
the concerned agencies in managing the signing and implementation of
international agreements by associations according to the Governments Decree
No. 20/2002/ND-CP of February 20, 2002 on the signing and implementation of
international agreements by provinces, centrally-run cities, socio-political
organizations, social organizations and socio-professional organizations;
b/ To gather written
opinions of the ministries performing the State management over the branches
and domains where the associations operate when permitting the establishment;
division, separation, merger, consolidation, renaming, dissolution of
associations, and approving their charters, for associations operating
nationwide or inter-provincially.
2. The ministries and
ministerial-level agencies defined in Article 33 of the Decree shall have the
responsibilities:
a/ To create
conditions for associations to be established in strict accordance with laws;
b/ To create
conditions for associations to participate in activities within the domains
under their respectively management, according to their conditions and
capabilities;
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d/ To guide the
provincial/municipal services, departments and branches to manage associations activities
in the branches and domains under their respective management.
3. The provincial
Peoples Committees shall have the responsibilities:
a/ To create
conditions for associations to operate with efficiency and encourage
associations activities which are associated with the performance of
socio-economic development tasks of the localities.
b/ To create
conditions for associations to participate in the socialization of medical,
cultural, educational, scientific and technological, and physical training and
sports activities in the localities, consider and create conditions for
associations to participate in some public services which they have conditions
and capability to perform.
c/ For
newly-established or difficulty-hit associations, the Peoples Committees of
various levels shall create conditions and help them to stabilize their
operations.
4. The
provincial/municipal Home Affairs Services shall have the responsibilities:
a/ To advise and
assist the provincial Peoples Committees in monitoring and managing
associations in their respective localities; settle problems arising in the
organization and operation of associations; and coordinate with the concerned
branches in creating conditions for associations to operate with efficiency;
b/ To gather written opinions
of the provincial/municipal services performing the State management over the
branches and domains where associations operate, for associations operating
within provinces, or the district Peoples Committees, for associations
operating within districts or communes, which shall serve as basis for
expertising and submitting to the provincial Peoples Committees for decision
the establishment, division, separation, merger; consolidation, renaming or
dissolution of associations and approval of their charters.
- To sum up and report
on the organization, operation and management of associations in their
provinces to the Ministry of Home Affairs.
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This Circular takes
effect 15 days after its publication in the Official Gazette.
The ministries, the
ministerial-level agencies, the agencies attached to the Government, the
provincial-level Peoples Committees and associations shall have to implement
this Circular. Any problems arising in the course of implementation should be
reported to the Ministry of Home Affairs for study, amendment and
supplementation.
MINISTER OF HOME AFFAIRS
Do Quang Trung