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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
33/2012/ND-CP
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Hanoi, April 13, 2012
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DECREE
AMENDING,
SUPPLEMENTING SOME ARTICLES OF THE DECREE NO. 45/2010/ND-CP, DATED APRIL 21,
2010, OF THE GOVERNMENT, ON THE ORGANIZATION, OPERATION AND MANAGEMENT OF
ASSOCIATIONS
Pursuant to the Order No.
102/SL/L004 of May 20, 1957, promulgating the Law providing on the right to
establish associations;
Pursuant to the Law on
Organization of the Government, of December 25, 2001;
Pursuant to the Civil Code,
of June 14, 2005;
At the proposal of the
Minister of Home Affairs;
The Government promulgates
Decree amending and supplementing some articles of the Decree No. 45/2012/ND-CP
of April 21, 2010, of Government on the organization, operation and management
of associations (hereinafter abbreviated
as the Decree No. 45/2010/ND-CP),
Article 1. Amending
and supplementing some articles of the Decree No. 45/2010/ND-CP
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"b/ Completing the dossier
of application for the association establishment as prescribed in Article 7 of
the Decree No. 45/2010/ND-CP. After completing preparations for the association
establishment, Board to campaign for the establishment of associations shall
submit a set of dossier to the Ministry of Home Affairs, for associations
operating nationwide or in inter provinces; to a provincial-level Departments
of Home Affairs , for associations operating within a province, district or
commune; or to district-level Home Affairs Divisions (when the chairperson of
provincial-level People's Committee has authorized the chairperson of
district-level People's Committee to license the establishment of associations
operating within a commune).
Board to campaign for the
establishment of association shall automatically dissolve upon the association
congress elects the association's leadership board."
2. Article 9 is amended and
supplemented as follows:
"The competent state
agencies specified in Article 14 of the Decree No. 45/2010/ND-CP shall issue a
receipt upon receiving dossier of application for association establishment.
Within thirty working days since receiving a complete and lawful dossier, the
competent state agency shall consider and license the establishment of an
association. In case of refusal, it shall issue a written reply and clearly
stating the reason."
3. Article 13 is amended and
supplemented as follows:
"1. The competent state agencies
specified in Article 14 of the Decree No. 45/2010/ND-CP shall decide for
approval of association charters which have already passed by congresses.
2. Within 30 working days from
the day of congress conclusion, the association's leadership board must send a
set of dossier reporting result of congress as prescribed in Article 12 of the
Decree No. 45/2010/ND-CP, and a written request for approval of the association
charter to a competent state agency specified in Article 14 of the Decree No.
45/2010/ND-CP.
3. Within 30 working days, from
the day of receiving a complete and lawful dossier as prescribed in Clause 2 of
this Article, the competent state agency specified in Article 14 of the Decree
No. 45/2010/ ND-CP decides on approval of the charter.
If the charter has content which
is inconformity with law, a competent state agency specified in Article 14 of
the Decree No. 45/2010/ ND-CP may refuse for approval and request, guide the
association's leadership board to amend such charter in conformity with provisions
of law.
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4. Supplementing Article 25a
below Article 25 as follows:
“Article 25a. Procedures and
dossiers for division, separation, consolidation, merger of associations
1. The division, separation,
consolidation, or merger of associations complies with the Civil Code, the
Decree No. 45/2010/ND-CP, relevant laws and congress's resolution thereof.
2. Procedures for division,
separation, consolidation, merger of associations:
a/ An association implementing
the division, separation, separation, consolidation, merger shall send directly
or by post a set of dossier as prescribed in Clause 3 of this Article to the
competent state agency specified in Article 14 of the Decree No. 45/2010/ND-CP
and state management agencies in charge of its operation fields;
b/ Within 30 working days after
receiving a complete and valid dossier, the competent state agency specified in
Article 14 of the Decree No. 45/ 2012/ND-CP shall consider and permit the
division, separation, consolidation, merger of the association;
c/ The associations implementing
division, consolidation, merger (except case of separation) shall terminate
their existence and operation after the competent state agencies specified in
Article 14 of the Decree No. 45/2012/ND-CP issue decisions to permit the
division, consolidation, merger of such associations. The rights and
obligations of the associations implementing division, consolidation, or merger
shall be transferred to the new associations. In case of separation of an
association, the separated association and the association newly established
from such separation must take joint responsibility for the rights and
obligations of the pre-separation association.
3. A dossier of association
division, separation, consolidation or merger comprises:
a/ An application for division,
separation, consolidation, merger of association (the original);
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c) Resolution of
association's congress on division, separation, consolidation, merger of
association (the original);
d) Draft of charter
of associations new established by division, separation, consolidation, merger
of association;
dd) List of members
in provisional leadership board of associations new established by division,
separation, consolidation, merger of association; The provisional leadership
board is elected by Congress; quantity of members is decided by Congress, the
provisional leadership board shall automatically dissolve upon Congress elects
leadership board of association;
e) Curriculum vitae
and legal record of head of provisional leadership board (the original);
g) Confirmation
document on scheduled place of head office of association new established by
division, separation, consolidation, merger of association
(the original);
4. Withdrawal of seal
Withdrawal of seal
with respect to associations that implement division, consolidation, merger and
terminate their existence and operation after having decisions of competent
state agencies specified in Article 14 of the Decree No. 45/2010/ND-CP shall
comply with provisions of law on management, use of seal and other relevant
laws.
5. Organizing
congress and approving charter of associations new established by division,
separation, consolidation, merger of association;
a) Within 30 working
days, since having decision of competent state agencies specified in Article 14
of the Decree No. 45/2010/ND-CP permitting division, separation, consolidation,
merger of association, new established associations must organize a congress to
pass contents specified in Article 11 of Decree No. 45/2010/ND-CP.
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5. Article
27 is amended and supplemented as follows:
“Article 27. Responsibilities
of the leadership board of an association dissolving on its own
1. Making the dossier
of dissolution on its own, comprising:
a) Application for
dissolution of the association (the original);
b) Resolution on the
association dissolution (the original);
c) Statement of
assets and finance (the original);
d) Scheduled method
to handle assets, finance, employees and deadlines to pay debts (the original).
2. Informing involved
organizations and individuals of its debt payment deadlines (if any) as
prescribed by law in 5 consecutive issues of a central newspaper, for
associations operating nationwide or in inter provinces; or of a local
newspaper, for associations operating within a province.
3. Solving assets, finance as prescribed in clause 1, Article 31 of the Decree No.
45/2010/ND-CP and provisions of relevant law.
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Article 2.
Annulling provisions
1. Annulling
provision in clause 3, Article 7 of the Decree No. 45/2010/ND-CP
2. Annulling
provision in Article 4 and Article 11 of the Circular No. 11/2010/TT-BNV of
November 26, 2010, detailing implementation of the Government's Decree No.
45/2010/ND-CP.
Article 3. Effect
This Decree takes
effect from June 01, 2012.
Article 4.
Implementation responsibilities
1. The Minister of
Home Affairs shall assume the prime responsibility for, and coordinate with
other relevant Minister to guide implementation of this Decree.
2. Ministers, heads
of ministerial-level agencies and government-attached agencies, chairpersons of
provincial-level People's Committees, and relevant organizations, individuals
shall implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung