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