THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 2-CP
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Hanoi, January 02,1997
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DECREE
ON
THE TASKS, POWERS AND RESPONSIBI-LITIES OF THE MINISTRIES, THE
MINISTERIAL-LEVEL AGENCIES, THE AGENCIES ATTACHED TO THE GOVERNMENT AND THE
PEOPLE�S
COMMITTEES OF VARIOUS LEVELS FOR STATE MANAGEMENT OVER COOPERATIVES
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30,
1992;
Pursuant to the Law on Cooperatives of March 20, 1996;
At the proposal of the Minister-Chairman
of the Government Commission on Organization and Personnel,
DECREES:
Article 1.- The Ministers, the ministerial-level agencies
and the agencies attached to the Government exercising State management over
the cooperatives shall, within the ambit of their functions and competence,
have the following tasks and powers:
1. To study and elaborate the
strategic objectives, the general plan, concrete plans and orientations for the
development of cooperatives throughout the country in the branches and fields
under their management, direct the lower-level administrative bodies and
provide guidance and assistance for the implementation by various cooperative
organizations.
2. Basing themselves on the Law
on Cooperatives and other provisions of law, to elaborate the model Statute and
draft the supplements and amendments to the model Statute in their own branches
and submit them to the Government for promulgation; to guide and inspect the
application of the Law on Cooperatives, the model Statute and other provisions of
law related to the cooperatives.
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4. To draft and submit to the
Government for approval or approve by themselves according to their competence
the national programs and projects as well as the programs and projects funded
by foreign countries or international organizations for the development of the
cooperative economy; to direct and inspect the implementation of such programs
and projects.
5. To plan and organize the
training and fostering the managerial and professional skills of managing
cadres of cooperatives in their respective branches and the promotion of
professional skills for the laborers in the cooperatives in accordance with
their assigned tasks and powers or join efforts with the agencies and organizations
which are tasked to train and foster cadres and laborers in the cooperatives.
6. To examine and inspect the
cooperatives in the branches or fields under their management in accordance
with the provisions of law.
7. To coordinate with the
Vietnam Fatherland Front and its member organizations, the Union of Vietnamese
Cooperatives and the provincial Peasants’
Associations in organizing the implementation of the cooperative legislation
and mobilizing people to participate in the building and development of
cooperatives.
Article 2.- The People’s Committees of
provinces and cities directly under the Central Government (hereafter referred
to as the provincial People�s
Committees) performing the function of State management over the cooperatives
set up and operating on the provincial territory shall have the following tasks
and powers:
1. To study, elaborate the strategic
objectives, the general plan and concrete plans on the development of the
cooperative economy of various economic branches on the provincial territory,
guide and inspect their implementation.
2. To guide, inspect and examine
the implementation of the Law on Cooperatives, the model Statute and other
legal documents related to the cooperatives.
3. To direct and inspect the
implementation of programs and projects funded by the State budget or foreign
countries and international organizations for the development of the
cooperative economy.
4. To consider and approve
Statutes, amended Statutes, grant or withdraw business licenses of the Unions
of Cooperatives with head offices located on the provincial territory.
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6. To grant or withdraw permits
for cooperatives in other provinces where branches, representative offices or
attached units are located on the provincial territory.
7. To provide financial
assistance and other material conditions for the training and fostering of
cadres for running the provincial Union of Cooperatives.
8. To coordinate with the
provincial Fatherland Front and its member organizations as well as with the
provincial Union of Cooperatives and Peasants’ Association in organizing the enforcement of the
cooperative legislation and implementation of programs and projects on the
development of cooperatives.
9. To settle complaints and
denunciations and handle violations of the cooperative legislation according to
their competence; to protect the legitimate rights and interests of the
cooperatives, cooperative members and laborers in the cooperatives.
10. To propose the amendment or
supplement to policies on the development of cooperatives.
Article 3.- The People’s Committees of districts, towns and cities under
the provinces (hereafter referred to as the district People’s Committees) performing the State management over
the cooperatives set up and operating on the district territory shall have the
following tasks and powers:
1. To guide and inspect the
observance of the Law on Cooperatives, the model Statute and other legal
documents related to cooperatives.
2. To campaign and create
conditions for the formation and development of the cooperatives in their
localities.
3. To consider and approve
Statutes and amended Statutes, grant or withdraw business licenses of
cooperatives with head offices located on the district territory; to approve
the merger or split of cooperatives.
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5. To carry out State
inspection, settle complaints, denunciations and acts of violation of the
cooperative legislation according to their competence; to protect the
legitimate rights and interests of the cooperatives, cooperative members and
laborers in the cooperatives in accordance with the assigned competence.
Article 4.- The People’s Committees of communes, wards and townships
(hereafter referred to as the communal People’s
Committee) performing State management over the cooperatives established and
operating on the communal territory shall have the following tasks and powers;
1. To organize the dissemination
and popularization, provide guidance and create favorable conditions for the
establishment of cooperatives in accordance with the Law on Cooperatives, the
model Statute and other related legal documents.
2. To consider establishment
plans, orientations and operating plans of cooperatives and on the basis of
conditions provided for by law, reply in writing to the cooperative founders on
the approval or disapproval (stating clearly the reasons) and report the reply
to the district People’s Committee.
3. To ratify the head offices of
cooperatives in the locality.
Article 5.- The People�s Committee of all
levels shall report to the People’s
Council of the same level for decision the policy and measures for building and
developing the cooperative in the locality, to campaign for and mobilize people
to join the cooperative and supervise the implementation of the legislation on
cooperatives.
Article 6.- The Ministries, the
ministerial-level agencies, the agencies attached to the Government and the
People’s Committee of different
levels shall appoint qualified cadres to assist their leaders in performing the
function of State management over the cooperatives.
Article 7.- This Decree takes
effect from the date of its promulgation. The earlier stipulations which are
contrary to this Decree are now annulled.
Article 8.- The Ministers, the
Heads of the ministerial-level agencies, the Heads of the agencies attached to
the Government, the Presidents of the People’s
Committees of the provinces and cities directly under the Central Government
and the President of the Vietnam Union of Cooperatives shall have to implement
this Decree.
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ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai