Thông tư 09/2024/TT-BKHĐT về biểu mẫu thực hiện thủ tục đăng ký tổ hợp tác, hợp tác xã, liên hiệp hợp tác xã và quy định về nội dung thông tin, việc cập nhật, khai thác và quản lý Hệ thống thông tin quốc gia về hợp tác xã do Bộ trưởng Bộ Kế hoạch và Đầu tư ban hành

CIRCULAR

PROMULGATING DOCUMENT FORMS USED IN REGISTRATION OF ARTELS, COOPERATIVES AND COOPERATIVE UNIONS, AND REGULATIONS ON INFORMATION, UPDATING, USE AND MANAGEMENT OF NATIONAL COOPERATIVE INFORMATION SYSTEM

Pursuant to the Law on Cooperatives dated June 20, 2023;

Pursuant to the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020 prescribing management, connection and share of digital data of regulatory authorities;

Pursuant to the Government’s Decree No. 89/2022/ND-CP dated October 28, 2022 defining functions, tasks, powers and organizational structure of the Ministry of Planning and Investment of Vietnam;

At the request of the Director of the Agency for Business Registration;

The Minister of Planning and Investment of Vietnam promulgates a Circular promulgating document forms used in registration of artels, cooperatives and cooperative unions, and regulations on information, updating, use and management of National cooperative information system.

Chapter I

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Article 1. Scope and regulated entities

1. Scope:

This Circular introduces the document forms used in registration of artels, cooperatives and cooperative unions nationwide; regulations on information, updating, use and management of National cooperative information system.

2. Regulated entities:

a) Artels following registration procedures as prescribed in the Law on Cooperatives, cooperatives and cooperative unions;

b) Members of artels, cooperatives and cooperative unions;

c) Regulatory authorities, organizations and individuals involved in the establishment, management, reorganization, dissolution, bankruptcy and relevant activities of artels, cooperatives and cooperative unions.

Article 2. Definitions

1. National cooperative portal means a portal that integrates information about artels, cooperatives and cooperative unions nationwide, and other relevant information to serve the state monitoring, administration and management of artels, cooperatives and cooperative unions.

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3. Cooperative database management body means a competent authority that is assigned to manage cooperative databases of ministries, regulatory authorities and business registration authorities at all levels.

4. User account means the information, including the user’s name and password, created by the National cooperative information system and used by a regulatory authority, unit, organization or individual to sign in the cooperative database.

Article 3. System of document forms used in registration of artels, cooperatives and cooperative unions, and information on artels, cooperatives and cooperative unions

1. List of document forms generally used for cooperatives and cooperative unions, and instructions for filling out such forms are provided in Appendix I enclosed herewith.

2. Document forms used by artels, cooperatives, cooperative unions, and relevant organizations and individuals when following procedures for registration of artels, cooperatives or cooperative unions include:

a) Document forms used when following procedures for registration of cooperatives or cooperative unions include forms from Form II-1 to Form II-12 in Appendix II enclosed herewith;

b) Document forms used when following procedures for registration of artels include forms from Form III-1 to Form III-7 in Appendix III enclosed herewith.

3. Document forms used by district-level business registration authorities when processing procedures for registration of artels, cooperatives or cooperative unions include:

a) Document forms used by district-level business registration authorities when processing procedures for registration of cooperatives or cooperative unions include forms from Form IV-1 to Form IV-11 in Appendix IV enclosed herewith;

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c) Document forms generally used by district-level business registration authorities when processing procedures for registration of artels, cooperatives or cooperative unions include forms from Form VI-1 to Form VI-5 in Appendix VI enclosed herewith;

4. Information on artels, cooperatives or cooperative unions and information on management of artels, cooperatives or cooperative unions are provided in forms from Form VII-1 to Form VII-4 in Appendix VII enclosed herewith.

5. List of letters and symbols used in naming artels, cooperatives, cooperative unions, branches, representative offices and business locations of cooperatives or cooperative unions is provided in Appendix VIII enclosed herewith.

Chapter II

INFORMATION, UPDATING, USE AND MANAGEMENT OF NATIONAL COOPERATIVE INFORMATION SYSTEM

Article 4. Implementation rules

1. The National cooperative information system must be established, used and managed in a consistent, synchronous and scientific manner that adequately, accurately and promptly reflects information on artels, cooperatives and cooperative unions, and ensures the best use of resources and shortening of time periods for collection, correction, updating and use of information.

2. Information in the cooperative database must be retained and kept confidential, and meet information security and safety requirements as prescribed by law; the establishment, management, use and access to the cooperative database must comply with relevant laws.

Article 5. Required information

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2. For cooperatives: information fields in Form VII-2 in Appendix VII enclosed herewith shall be updated to serve the standardization of input information, and management of information/data included in the cooperative database.

3. For cooperative unions: information fields in Form VII-3 in Appendix VII enclosed herewith shall be updated to serve the standardization of input information, and management of information/data included in the cooperative database.

4. For business registration authorities at all levels: information fields in Form VII-4 in Appendix VII enclosed herewith shall be updated to serve the standardization of input information, and management of information/data included in the cooperative database.

Article 6. Updating of information by artels, cooperatives and cooperative unions

1. By December 15 each year, artels, cooperatives and cooperative unions shall provide updated information using Form VII-1, Form VII-2 and Form VII-3 in Appendix VII respectively.

2. Information arising from December 15 of the previous year to December 14 of the updating year will be updated.

Article 7. Updating of information by business registration authorities at all levels

1. By December 18 each year, district-level business registration authorities shall provide provincial business registration authorities with updated information using Form VII-4 in Appendix VII.

2. By December 21 each year, provincial business registration authorities shall provide the Ministry of Planning and Investment of Vietnam with updated information using Form VII-4 in Appendix VII.

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Article 8. Use of information on National cooperative information system

1. The Ministry of Planning and Investment of Vietnam shall use the information obtained from the cooperative database for consolidating and analyzing issues concerning the state management of cooperatives, serving the direction and administration by the Government and the Prime Minister; make connection and data sharing between the cooperative database and other information systems, and access information in accordance with regulations of law.

2. Ministries, central-government authorities and provincial governments shall be allowed to access and use general consolidated and analyzed data, and their data on cooperatives included in the cooperative database; the default sharing of data is intended to serve their performance of direction and administration tasks within the ambit of their assigned functions and tasks.

3. Artels, cooperatives and cooperative unions shall be allowed to use data of the system; access, use and utilize shared data on the National cooperative information system, and must comply with regulations of law on access to and use of data.

Article 9. Management of National cooperative information system

1. The Ministry of Planning and Investment of Vietnam creates and issues user accounts to provincial business registration authorities and cooperative database management bodies of relevant Ministries and central-government authorities that perform state management of artels, cooperatives and cooperative unions. The cooperative database is stored on the National cooperative information system according to hierarchical management regulations and backed up on specialized storage devices to prevent potential risks.

2. Provincial business registration authorities create and issue user accounts to district-level business registration authorities.

3. District-level business registration authorities create and issue user accounts to artels, cooperatives and cooperative unions.

4. Cooperative database management bodies shall create user accounts, grant, restrict, expand, block or remove access permissions of such user accounts, and assign tasks in writing to officials and public employees who are assigned to manage the cooperative database.

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6. If an official or public employee who is taking charge of managing the cooperative database is transferred to another workplace, within 05 working days, the responsible cooperative database management body shall block the user account issued to that official or public employee and assign his/her tasks to another one.

7. If an artel, cooperative or cooperative union is dissolved, the responsible cooperative database management body shall remove the access permissions of the user account issued to that artel, cooperative or cooperative union.

8. Heads of cooperative database management bodies shall assign tasks in writing to their officials and public employees who take charge of managing the cooperative database.

Article 10. Connection and information sharing

1. The Ministry of Planning and Investment of Vietnam sets up and announces information sharing services rendered by the National cooperative information system.

2. Connection and sharing of information between the National cooperative information system and other information systems and databases must strictly comply with regulations on management, connection and sharing of digital data of regulatory authorities.

Chapter III

IMPLEMENTATION

Article 11. Responsibilities of officials and employees assigned to manage cooperative database of ministries, central-government authorities and provincial governments

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2. Provide cooperative data in an accurate and timely manner at the request of competent authorities.

3. Do research and detect unclear issues or conflicts in the cooperative database and other issues that arise during their performance of management tasks, and report such issues to competent database management bodies for consideration and resolution.

4. Expedite the adequate completion of information fields in the cooperative database under the management of their authorities.

5. Attend training courses to improve their professional and operational skills to serve their management of the cooperative database.

6. Ensure confidentiality and safety of information in the cooperative database of Ministries, central-government authorities and provincial governments; do not reveal or provide information on user accounts issued to their authorities and their user accounts, if not agreed in writing by competent authorities; assume responsibility before the law and competent authorities for any violations against regulations on security and safety of information.

7. Incur penalties, as prescribed by law, for any violations against provisions of this Circular, depending on the nature and severity of each violation.

Article 12. Responsibilities of authorities and units issued with user accounts

1. Manage their user accounts; grant, restrict, expand or remove access permissions to the cooperative database according to regulations on hierarchical management.

2. Organize the management of the cooperative database in accordance with provisions of this Circular and regulations adopted by competent authorities; comply with direction, inspection and operational instructions for managing the cooperative database of superior authorities.

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Article 13. Responsibilities of Ministries, central-government authorities and provincial governments

1. The Ministry of Planning and Investment of Vietnam shall:

a) play the leading role in organizing and ensuring resources for establishing, managing, operating, maintaining, supervising and upgrading technical infrastructure and software, and adopting measures for ensuring safety and security of the National cooperative information system.

b) manage administrator account, and delegate authority to update, connect, share and use data in the National cooperative information system to serve the performance of state management tasks within the ambit of its functions and powers.

c) play the leading role and instruct relevant organizations and individuals to update, use and manage the National cooperative information system, and consolidate information nationwide.

d) direct, instruct and carry out periodical or unscheduled inspection of updating, use and management of the cooperative database by Ministries, central-government authorities and provincial governments; organize training in updating, use and management of the National cooperative information system.

dd) cooperate with relevant organizations and individuals in dealing with issues that arise during the updating, use and management of the National cooperative information system.

2. Ministries, central-government authorities and relevant authorities shall:

a) direct and instruct relevant organizations and individuals to provide data serving the updating, use and management of the cooperative database in respect of their responsible sectors or areas.

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c) inspect the implementation of provisions of this Circular on updating, use and management of the cooperative database in respect of their responsible sectors or areas.

d) ensure resources and infrastructure facilities which must facilitate stable and thorough connection and data sharing, and meet technical and information safety standards and requirements laid down in laws to serve the connection and data sharing with the National cooperative information system.

dd) The State Bank of Vietnam shall collect and consolidate information on people’s credit funds and cooperative banks in accordance with regulations of law on credit institutions; make connection and sharing of information on the National cooperative information system.

e) Relevant Ministries, central-government authorities and authorities shall make connection and sharing of specialized information on artels, cooperatives and cooperative unions (if any) on the National cooperative information system.

3. Provincial governments shall:

a) direct and instruct relevant organizations and individuals to provide data serving the updating, use and management of the cooperative database in their provinces.

b) provide information on contact points in charge of the cooperative database; cooperate with the Ministry of Planning and Investment of Vietnam in updating, using and managing the National cooperative information system within the ambit of their assigned functions and tasks.

c) inspect the implementation of provisions of this Circular on updating, use and management of the cooperative database in their provinces.

d) ensure resources and infrastructure facilities which must facilitate stable and thorough connection and data sharing, and meet technical and information safety standards and requirements laid down in laws to serve the connection and data sharing with the National cooperative information system.

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e) make consolidated reports on operations of cooperative development assistance funds that operate under the business model of a cooperative in their provinces and input information into the National cooperative information system (if any).

Chapter IV

IMPLEMENTATION

Article 14. Effect

1. This Circular comes into force from July 01, 2024.

2. This Circular supersedes the Circular No. 03/2014/TT-BKHDT dated May 26, 2014 of the Minister of Planning and Investment of Vietnam and the Circular No. 07/2019/TT-BKHDT dated April 08, 2019 of the Minister of Planning and Investment of Vietnam.

3. Article 5 and Section V of the Appendix enclosed with the Circular No. 09/2019/TT-BKHDT dated July 29, 2019 of the Minister of Planning and Investment of Vietnam are abrogated.

Article 15. Responsibility for implementation

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of people’s committees at all levels, and regulated entities of this Circular are responsible for the implementation of this Circular.

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MINISTER




Nguyen Chi Dung