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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 88/2003/ND-CP
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Hanoi, July 30, 2003
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DECREE
PROVIDING FOR THE ORGANIZATION,
OPERATION AND MANAGEMENT OF ASSOCIATIONS
THE GOVERNMENT
Pursuant to Order
No.102/SL/L004 of May 20, 1957 promulgating the Law on the Right to Set up
Associations;
Pursuant to the October 28, 1995 Civil Code;
Pursuant to the December 25, 2001 Law on Organization of the Government;
At the proposal of the Minister of the Interior,
DECREES:
Chapter
I
GENERAL
PROVISIONS
Article
1.- Regulation scope
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2. This Decree shall
not apply to the following organizations:
a) Vietnam Fatherland
Front, Vietnam Labor Confederation, the Ho Chi Minh Communist Youth Union,
Vietnam Peasants' Associations, Vietnam War Veterans' Association, Vietnam
Women's Union;
b) Religious
organizations.
Article
2.- Associations
1. Associations
prescribed in this Decree are understood as voluntary organizations of
citizens, organizations of Vietnamese of the same professions, the same
hobbies, the same genders for the common purposes of gathering and uniting
members, regular activities, non- self-seeking, aiming to protect members'
legitimate rights and interests, to support one another for efficient
activities, contribute to the country's socio-economic development, which are
organized and operate according to this Decree and other relevant legal
documents.
2. Associations bear
different names such as union of associations, confederation, federation,
society, clubs with legal person status and different appellations according to
law provisions (hereinafter referred collectively to as associations).
3. Associations shall
include the following organizations classified according to the (territorial)
scope of operation:
a) Associations
operating nationwide or inter-provincially;
b) Associations
operating within provinces or centrally-run cities (hereinafter referred
collectively to as provinces);
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d) Associations
operating within communes, wards, district townships (hereinafter referred
collectively to as communes).
Article
3.- Setting up associations and
principles for organization and operation thereof
1. The establishment
of associations must be permitted by the competent State bodies defined in
Article 15 of this Decree.
2. Associations shall
be organized and operate according to their respective charters which are
approved by competent State bodies and do not contravene laws, they are
organized and operate according to the principles of voluntarism,
self-management, self-financing and self-responsibility before law.
Article
4.- State bodies' responsibility towards
associations
1. State bodies shall,
within the scope of their functions and tasks, have the responsibility to
create favorable conditions for associations to operate according to their
respective charters and with efficiency.
2. Associations which
are recognized as socio-political organizations or socio-political and
professional organizations or which have their operations associated with the State's
tasks, shall be rendered support from the State budget according to the Prime
Minister's regulations.
Article
5.- Legal person status, seals, names
and logos of associations
1. Associations have
their own legal person status, seals and accounts.
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Chapter
II
CONDITIONS
AND PROCEDURES FOR ESTABLISHMENT OF ASSOCIATIONS
Article
6.- Conditions for establishment of
associations
1. Having operation purposes
not contrary to law; having names and main operation domains not identical to
those of the associations which have been previously set up lawfully in the
same geographical areas.
2. Having charters.
3. Having head-offices.
4. Having adequate
number of members registered for participation.
The Minister of the
Interior shall prescribe the number of members registered for joining
associations.
Article
7.- Boards canvassing for establishment
of associations
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The Minister of the
Interior shall prescribe the number of members of such a board.
2. After being
recognized, the association establishment-canvassing boards shall perform the
following tasks:
a) Mobilizing citizens
and/or organizations to join the associations, finalizing the dossiers of
application for permits to establish the associations;
b) The boards' heads
shall send dossiers of application for the establishment permits to the
competent State agencies defined in Article 15 of this Decree.
Article
8.- Dossiers of application for
establishment of associations
1. The application for
a permit to establish an association.
2. The draft charter.
3. The projected
operation plan.
4. The list of members
of the association establishment-canvassing board recognized by a competent
State body.
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6. Documents
certifying the head-office and assets of the association.
Article
9.- Principal contents of the charter of
an association
1. The association's
name.
2. The guiding
principles, purposes, domains and scope of operation of the association.
3. The association's
tasks and powers.
4. The organization
and operation principles.
5. The procedures to
join, leave the association.
6. Members' criteria.
7. Members' rights and
obligations.
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9. Assets, finance and
mode of management of assets and finance of the association.
10. Conditions for
dissolution and liquidation of assets, finance.
11. Commendation,
handling of violations.
12. Procedures for
amending, supplementing the charter.
13. Implementation
effect.
Article
10.- Responsibilities of the State
agencies competent to permit the establishment of associations upon the receipt
of dossiers of application therefor
The competent State
agencies defined in Article 15 of this Decree, when receiving the dossiers of
application for establishment of associations, must issue the receipts thereof.
If the application dossiers are complete and valid, the competent State
agencies shall, within 60 days as from the date of receiving the complete and
valid dossiers, have to reply the association establishment- canvassing boards;
in case of refusal, there must be the written replies clearly stating the
reasons therefor.
Article
11.- The time for holding congresses to
establish associations
1. Within 90 days as
from the date the decision permitting the establishment of an association takes
effect, the association establishment- canvassing board must organize a
congress.
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Article
12.- Principal contents in the agenda of
the association-founding congress
1. Announcing the
decision permitting the establishment of the association.
2. Discussing and
voting on the Charter.
3. Electing the
leadership and the control board as provided for by the association's Charter.
4. Adopting the
association's activity program.
5. Adopting the
congress' resolution.
Article
13.- Report on the congress results
Within 30 days after
the congress, the association's leadership shall send the congress documents to
the State agency which has issued the decision permitting the establishment of
the association, including:
1. The Charter and the
record on the adoption of association's Charter;
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3. The association's
activity program;
4. The congress's
resolution.
Article
14.- Approving associations' Charters
and the effect thereof
1. The competent State
agencies defined in Article 15 of this Decree shall decide to approve the
associations' Charters when they are adopted by the congresses. In cases where
the provisions of Charters are contrary to laws, the competent State agencies
shall refuse to approve and request the associations to amend them.
2. The associations'
Charters shall take effect as from the dates the competent State agencies
decide to approve them.
Article
15.- State agencies competent to permit
the establishment, division, separation, merger, consolidation and dissolution
of associations and to approve the Charters thereof
1. The Minister of the
Interior shall permit the establishment, division, separation, merger,
consolidation and dissolution and approve the Charters of associations
operating nationwide or inter-provincially.
2. The
provincial-level People's Committee presidents shall permit the establishment,
division, separation, merger, consolidation and dissolution and approve the
Charters of associations operating within their respective provinces.
Chapter
III
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Article
16.- Membership conditions
Vietnamese citizens and
organizations fully satisfying the members' criteria prescribed by the
associations' Charters and voluntarily applying to join such associations can
all become members thereof.
The competence and
procedures to admit members shall be prescribed in the associations' Charters.
Article
17.- Rights and obligations of members
The rights and
obligations of members shall be prescribed in the associations' Charters.
Article
18.- Associated members and honorary
members
1. Joint-venture
enterprises and enterprises with 100% foreign investment capital (hereinafter
referred to as enterprises with foreign elements) operating in Vietnam,
contributing to the development of unions and agreeing to their Charters, shall
be considered by unions of economic organizations for their recognition as
associated members.
Associated members may
participate in activities and attend congresses of unions. They shall not
participate in the election of or stand for the leadership of the unions, nor
vote on affairs of the unions.
The procedures to
admit associated members shall be prescribed by the unions' Charters.
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Chapter
V
ORGANIZATION,
OPERATION, RIGHTS AND OBLIGATIONS OF ASSOCIATIONS
Article
19.- Term congress and extraordinary
congress
1. The supreme leading
body of an association is the plenary congress or the congress of deputies.
2. The office term of
the congress shall be prescribed in the Charter but shall not exceed 5 years.
3. An extraordinary
congress shall be convened when at least 2/3 (two thirds) of the total number
of the executive members or at least 1/2 (half) of the total number of the
full-fledged members so request.
Article
20.- Major contents to be decided at the
congress
1. Orientations for
activities of the association
2. The election of the
leadership, the control board of the association.
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4. Joining in Unions
of associations of the same operation domains.
5. Division,
separation, merger, consolidation, dissolution of the association.
6. The association's
finance.
Article
21.- Principles for voting at the
congress
1. The congress can
vote by hand show or by secret ballots. The forms of voting shall be decided by
the congress.
2. The voting to adopt
decisions of the congress must be approved by more than 1/2 (half) of the
present full-fledged members.
Article
22.- Rights of associations
1. To propagate their
purposes.
2. To represent their members
in internal and external relations related to the functions and tasks of
associations.
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4. To organize,
coordinate activities among members for the common interests of the
associations; to reconcile disputes within the associations.
5. To disseminate and
train in knowledge to members; to supply necessary information to members
according to law provisions.
6. To provide
consultancy and criticism on matters within the scope of operation of the
associations at requests of organizations and/or individuals.
7. To contribute
opinions on legal documents relating to the contents of operations of the
associations under the provisions of law. To propose to competent State agencies
matters related to the development of the associations and domains where the
associations have operated in.
8. To coordinate with
the concerned agencies and/or organizations in performing the tasks of the
associations.
9. To raise funds for
the associations on the basis of their membership fees and sources of revenue
from business and/or service activities under the provisions of law in order to
ensure their operation funding.
10. To receive lawful
financial supports of domestic and foreign organizations and/or individuals
under the provisions of law.
11. Associations with
national or inter-provincial scope of operation may join to be members of
international and regional associations as provided for in the Government's
Decree No.20/2002/ND-CP of February 20, 2002 on the conclusion and
implementation of international agreements by provinces or centrally-run
cities, socio-political organizations, social organizations and
socio-professional organizations of the Socialist Republic of Vietnam.
Article
23.- Obligations of associations
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2. An association
operating in a certain domain must submit to the State management by the agency
which performs the State management over such domain, field.
3. Thirty days before
holding a term congress, the leadership of an association must send its report
to the competent State management agency defined in Article 15 of this Decree
and the ministry which manages the branch or domain where it operates.
4. The setting up of
associations' representative offices in other localities must be permitted by
the provincial-level People's Committees of the localities where the
representative offices are to be located and be reported in writing to the
competent State agencies defined in Article 15 of this Article.
5. When changing their
presidents, vice-presidents, secretaries general, head-offices or amending,
supplementing their Charters, the associations must report thereon to the
competent State agencies defined in Article 15 of this Decree.
6. The setting up of
legal persons under associations must comply with law provisions and be
reported to the competent State agencies defined in Article 15 of this Decree.
7. Annually,
associations must report on their organization and operation situation to
competent State agencies and the agencies performing the State management over
the branches, domains where the associations operate no later than December 1
of that year.
8. They must submit to
the guidance, examination and inspection by competent State bodies in the
observance of law.
9. The lists of
members, chapters and attached units of associations, the vouchers on their
finance, the minutes of meetings of their leaderships shall be made into
dossiers and archived at their head-offices.
10. Revenues collected
under the provisions in Clauses 9 and 10 of Article 22 of this Decree must be
reserved for the associations' activities according to the provisions of their
Charters, and must not be divided to their members.
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Chapter
V
DIVISION,
SEPARATION; MERGER, CONSOLIDATION AND DISSOLUTION OF ASSOCIATIONS
Article
24.- Division, separation, merger,
consolidation, dissolution
1. Depending on
operation requirements and capabilities of associations, their leaderships
shall propose the competent State agencies defined in Article 15 of this Decree
to permit the division, separation, merger, consolidation or dissolution of the
associations. The division, separation, merger, consolidation and dissolution
of associations must comply with the provisions of law.
2. Associations shall
dissolve in the following cases:
a) They dissolve by
themselves;
b) They are dissolved
under decisions of the competent State agencies defined in Article 15 of this
Decree.
Article
25.- Associations dissolve by themselves
Associations shall
dissolve by themselves in the following cases:
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2. At the request of
more than 1/2 of the total number of their full-fledged members;
3. Their objectives
have been already attained.
Article
26.- Responsibilities of the leaderships
of associations when the latter dissolve by themselves
1. To send to the
competent State agencies defined in Article 15 of this Decree the following
documents:
a) The application for
dissolution of the association;
b) The resolution on
the dissolution of the association;
c) The property,
finance statement;
d) The projected mode
of handling the property and finance and the time limit for repayment of debts.
2. To notify the debt
repayment (if any) time limits to the concerned organizations and individuals
according to law provisions on central newspapers, for associations with
national or inter-provincial scope of operation, or local newspapers, for
associations with provincial scope of operation, for five consecutive issues.
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The competent State
agencies defined in Article 15 of this Decree shall decide to dissolve
associations 15 days after the expiry of the time limits for debt repayment and
property and finance liquidation, inscribed in the associations' notices when
applying for the dissolution without written complaints.
Associations shall
terminate their operation as from the dates the decisions of the State agencies
competent to dissolve the associations take effect.
Article
28.- Associations being dissolved
Associations shall be
dissolved under decisions of the competent State agencies defined in Article 15
of this Decree in the following cases:
1. They fail to
operate for 12 months in a row;
2. When the congresses
adopt resolutions on dissolution but their leaderships decline to obey;
3. Their operations
seriously violate laws.
Article
29.- Responsibilities of the competent
State agencies when associations are dissolved
When associations are
dissolved, the competent State agencies defined in Article 15 of this Decree
must:
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b) Announce the
decisions on dissolution of the associations on the mass media.
Article
30.- Settling property, finance when
associations are dissolved, consolidated, merged, divided or separated
1. When associations
dissolve by themselves, are dissolved, their properties shall be settled as
follows:
a) Properties, finance
donated by domestic and/or foreign organizations; properties, finance given by
the State as its support, after the associations have fulfilled their property
obligations and repay all debts, shall be decided by competent State agencies;
b) The properties and
finance acquired by the associations themselves, after they have fulfilled
their property obligations and repaid all debts, shall be decided by the
associations according to their Charters before their dissolution.
2. Settling properties
and finance of associations when they are consolidated:
a) When being
consolidated into new associations, the old ones shall terminate their
existence and the new associations shall enjoy all legitimate rights and
interests of the old associations and take responsibility for all unpaid debt
amounts as well as the service contracts being performed by the old
associations;
b) The properties and
finance of the consolidated associations must not be divided, changed hand but
must be fully transferred to the new associations.
3. Settling properties
and finance of associations when they are merged:
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b) The merging
associations shall enjoy the legitimate rights and interests over the available
properties and finance of the merged associations, and take responsibility for
unpaid property and finance debts as well as uncompleted service contracts.
4. Settling property
and finance of associations when they are divided, separated:
a) After the division
of an association, the divided association shall terminate its operation and
its property and finance rights and interests shall be transferred to the new
association under the decision on division of the association;
b) After being
separated, associations shall perform their respective property and finance
rights and obligations in accordance with the purposes of their operations.
Article
31.- Right to complain
Where the dissolved associations
disagree with the dissolution decisions, they may lodge their complaints
according to law provisions. Pending the settlement of their complaints, the
associations must not operate.
Chapter
VI
STATE
MANAGEMENT OVER ASSOCIATIONS
Article
32.- State management over associations
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2. To guide the
ministries, branches, localities, associations and citizens in observing the
legislation on associations.
3. To permit the establishment,
division, separation, merger, consolidation, dissolution of associations, and
to approve their Charters as provided for in Article 15 of this Decree.
4. To provide
professional guidance for State officials and/or employees performing the work
of managing associations.
5. To propagate and
disseminate legislation on associations.
6. To inspect and
examine the observance of legislation on associations; to examine the
implementation of Charters by associations.
7. To manage the
signing of international cooperation documents on associations under the
provisions of law.
8. To settle
complaints and denunciations, handle the violations of legislation on
associations.
9. To sum up reports
on organization, operation and management of associations.
The Ministry of the
Interior shall assist the Government in exercising the uniform State management
over associations throughout the country.
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1. To join competent
State agencies defined in Article 15 of this Decree in permitting in writing
the establishment, division, separation, merger, consolidation and dissolution
of associations and in approving their Charters; to recognize the association
establishment- canvassing boards.
2. To guide and create
conditions for associations to participate in activities within the branches or
domains under their respective management according to law provisions; to
gather opinions of associations in order to finalize the provisions on the
State management over the branches or domains.
3. To examine the
implementation of the regulations on State management over the branches,
domains by associations, to handle or propose competent State bodies to handle
violations according to law.
Article
34.- The provincial-level People's
Committees' tasks of State management over the associations' operations within
their respective provinces
1. To exercise their
competence under the provisions in Clause 2, Article 15 of this Decree and
perform the State management over organization and operation of associations.
2. To inspect and
examine the observance of legislation on associations.
3. To settle
complaints and denunciations and handle violations of legislation on
associations.
4. To consider the
support for associations operating in their respective localities.
5. To consider and
permit associations operating in their respective localities to receive
financial assistance from domestic and foreign organizations and individuals
according to law provisions.
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7. To annually send
sum-up reports on the organization, operation and management of associations in
the localities to the Ministry of the Interior.
Chapter
VII
COMMENDATION
AND HANDLING OF VIOLATIONS
Article
35.- Commendation
1. Those associations
which operate and make many contributions to socio-economic development shall
be commended and/or rewarded according the regulations of the State.
2. Those association
members who record achievements shall be commended and/or rewarded according to
the regulations of their associations and of the State.
Article
36.- Handling of violations
1. Those who violate
the rights to establish associations, abuse associations' name to conduct
activities in contravention of laws shall, depending on the nature and
seriousness of their violations, be disciplined, administratively sanctioned or
examined for penal liability according to law provisions; if causing material
damage, have to compensate therefor according to law provisions.
2. Those who abuse
their positions and powers and permit the establishment of associations in
contravention of the provisions of this Decree shall, depending on the nature
and seriousness of their violations, be disciplined, administratively
sanctioned or examined for penal liability according to law provisions; if
causing material damage, have to compensate therefor according to law
provisions.
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Chapter
VIII
IMPLEMENTATION
PROVISIONS
Article
37.- Implementation effect
1. This Decree takes
implementation effect 15 days after its publication in the Official Gazette.
2. This Decree shall
replace Decree No.258/TTg of June 14, 1957 of the Prime Minister detailing the
implementation of Law No.102/SL/L004 of May 20, 1957 on the Right to Set up
Associations.
3. Associations which
were permitted by the former Minister of the Interior and the provincial
Administrative Committees for establishment under Order No.102/SL/ L004 of May
20, 1957 and were permitted by the Council of Ministers Chairman (now the Prime
Minister) or the Minister-Head of the Government Commission for Organization
and Personnel (now the Minister of the Interior), the provincial/municipal
People's Committee presidents for establishment under Directive No.01/CT of
January 5, 1989 on management, organization and operation of mass associations
shall not have to apply for re-establishment.
4. Unions of economic
organizations, which were set up under Decision No.38/HDBT of April 10, 1989 of
the Council of Ministers (now the Government) on economic alignment in
production, circulation, services, shall not have to apply for re-establishment.
Article
38.- Implementation organization
The Minister of the
Interior shall guide the implementation of this Decree
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai