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MINISTRY OF HOME AFFAIRS OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 1/2022/TT-BNV
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Hanoi, January 16, 2022
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 03/2013/TT-BNV
DATED APRIL 16, 2013 OF THE MINISTER OF HOME AFFAIRS OF VIETNAM ON
IMPLEMENTATION OF THE DECREE NO. 45/2010/ND-CP DATED APRIL 21, 2010 OF THE
GOVERNMENT ON THE ORGANIZATION, OPERATION AND MANAGEMENT OF ASSOCIATION AND
DECREE NO. 33/2012/ND-CP DATED APRIL 13, 2012 OF THE GOVERNMENT ON AMENDMENTS
TO A NUMBER OF ARTICLES OF DECREE NO. 45/2010/ND-CP
Pursuant to Decree No.
34/2017/ND-CP dated April 03, 2017 of Government on functions, tasks, powers,
and organizational structure of the Ministry of Home Affairs of Vietnam;
Pursuant to the
Government’s Decree No. 45/2010/ND-CP dated April 21, 2010 on the organization,
operation and management of associations; Government’s Decree No. 33/2012/ND-CP
dated April 13, 2012 on amendments to some Articles of the Decree No.
45/2010/ND-CP;
At request of Director
of Department of Non-Governmental Organization,
The Minister of Home
Affairs issues a Circular on amendments to some Articles of Circular No.
03/2013/TT-BNV dated April 16, 2013 of the Minister of Home Affairs of Vietnam
on implementation of the Decree No. 45/2010/ND-CP dated April 21, 2010 of the
Government on the organization, operation and management of association and
Decree No. 33/2012/ND-CP dated April 13, 2012 of the Government on amendments
to a number of Articles of Decree No. 45/2010/ND-CP
Article 1. Amendments
to some Articles of Circular No. 03/2013/TT-BNV dated April 16, 2013 of the
Minister of Home Affairs of Vietnam on implementation of the Decree No.
45/2010/ND-CP dated April 21, 2010 of the Government on the organization,
operation and management of association and Decree No. 33/2012/ND-CP dated
April 13, 2012 of the Government on amendments to a number of Articles of
Decree No. 45/2010/ND-CP
1. Clause 6 Article 2 shall be amended as follows:
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2. Clause 7 Article 2 shall be added as follows:
“7. Method of calculation
of the time limit for the congresses
a) Term-based congresses:
The congress terms shall
comply with regulations of Clause 3, Article 20 Decree No. 45/2010/ND-CP.
If the association prolongs the term of the congress, the time limit for
organization of the next congress shall be calculated from the date on which
the association organizes the new term-based congress.
b) Extraordinary
congresses:
If the association
organizes the extraordinary congress for the purpose of approval for change of
name, the time limit for organization the next congress shall be calculated
from the date on which the association organizes the extraordinary congress;
If the association
organizes the extraordinary congress for the purpose of approval for division,
separation, merger or consolidation, the time limit for organization of the
next term-based congress of the new association that has been established by
division, separation, merger or consolidation shall be calculated from the date
on which the association organizes the congress to establish new association.
3. Article 3 shall be amended as follows:
“Article 3.
Associations seriously violate the law
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2. The association
seriously violates the law as prescribed in Clause 3, Article 29 of Decree No.
45/2010/ND-CP if the competent state agency specified in Article 14 of Decree
No. 45/2010/ND-CP or the state management agency regarding operation of the
association confirms that the same violations of association have been repeated
three times or more against the association's obligations specified in Article
24 of Decree No. 45/2010/ND-CP”.
4. Clause 2 Article 8 shall be amended as follows:
“2. The person who is
expected to be the head of the association shall have his/her resume and
criminal record. If the person is an official or public employee or an official
or public employee who has retired under the written consent of the competent
authority in accordance with regulations on decentralization of management of
official, his/her shall not have criminal record.
Article 2.
Transitional provision
The dossiers on reports
on organization of the term-based congresses or extraordinary meetings that
have been reported to competent state authorities specified in Article 14 of
Decree No. 45/2010/ND-CP before the effective date of this Circular shall
continue to comply with regulations of Circular No. 03/2013/TT-BNV dated April
16, 2013 of the Minister of Home Affairs of Vietnam detailing the
implementation of the Decree No. 45/2010/ND-CP dated April 21, 2010 of the
Government on the organization, operation and management of association and
Decree No. 33/2012/ND-CP dated April 13, 2012 of the Government on amendments
to a number of articles of Decree No. 45/2010/ND-CP
Article 3.
Responsibility of implementation
1. This Circular comes
into force as of March 03, 2022.
2. The Ministers, heads
of the ministerial-level agencies, heads of the governmental agencies, the
Presidents of the People's Committees of provinces shall be responsible for the
implementation of this Circular./.
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MINISTER
Pham Thi Thanh Tra