How many types of management organizations of cooperatives and unions of cooperatives in Vietnam are there? How to organize the General Meeting of Members?
- How many types of management organizations of cooperatives and unions of cooperatives in Vietnam are there?
- How to organize the general meeting of members of the management organization of cooperatives and unions of cooperatives in Vietnam?
- What are the requirements on the number of delegates attending the congress of cooperatives and unions of cooperatives in Vietnam?
How many types of management organizations of cooperatives and unions of cooperatives in Vietnam are there?
Pursuant to Article 56 of the Law on Cooperatives 2023 stipulates:
Administrative organization
1. The administrative organization of cooperatives and unions of cooperatives includes two types:
a) Full governance organization including the General Meeting of Members, Board of Directors, Director (General Director), Supervisory Board. The Chairman of the Board of Directors may concurrently be the Director (General Director);
b) The summary governance organization includes the general meeting of members, the director, and the controller.
2. Small, medium and large scale cooperatives and unions of cooperatives with 10 or more members must be organized under a fully managed organization.
3. Micro-scale cooperatives and unions of cooperatives with less than 10 members may be organized under a fully administrative organization or a shortened administrative organization.
4. In case the cooperative or union of cooperatives being organized under a reduced management organization develops into a small, medium, large scale cooperative or a union of cooperatives with 10 or more members, the The nearest member association must decide on the transition to a fully-administered organization.
Thus, the administrative organization of cooperatives and unions of cooperatives includes two types:
- Full governance organization including the General Meeting of Members, Board of Directors, Director (General Director), Supervisory Board. The Chairman of the Board of Directors may concurrently be the Director (General Director);
- The summary management organization includes the general meeting of members, the director, and the controller.
How many types of management organizations of cooperatives and unions of cooperatives in Vietnam are there? How to organize the General Meeting of Members? (Internet picture)
How to organize the general meeting of members of the management organization of cooperatives and unions of cooperatives in Vietnam?
Pursuant to Article 57 of the Law on Cooperatives 2023 stipulates:
Member General Meeting
1. The general meeting of members is the highest decision-making body of cooperatives and unions of cooperatives. The general meeting of members meets once a year and may hold extraordinary meetings. In case of organization under a shortened administrative organization, the General Meeting of Members shall meet periodically according to the provisions of the Charter but at least once every 3 months and may hold an extraordinary meeting.
2. The general meeting of members shall be held in the form of a general meeting or a congress of delegates. The Plenary Meeting consists of members who officially attend and vote at the General Meeting of Members. The General Meeting of Representatives includes delegates representing the members who officially attend and vote at the General Meeting of Members. Cooperatives and unions of cooperatives with a total of 50 official members or more may hold a congress of delegates.
The General Meeting of Members may invite capital-contributing associate members or non-contributing associate members to attend.
3. The General Meeting of Members may be held in the form of a face-to-face meeting, an online meeting or a combination of face-to-face meeting and online meeting.
4. A meeting of the General Meeting of Members must be recorded in minutes, and may be audio or video recorded to provide to members upon request. The minutes of the meeting must be signed by the chairperson and secretary. In case the chairperson or secretary refuses to sign, the meeting minutes will take effect if more than 50% of the attending members agree to sign; minutes clearly stating the refusal of the chairperson and secretary to sign. The person signing the meeting minutes is jointly responsible for the accuracy and truthfulness of the meeting minutes
Thus, the general meeting of members is held in the form of a general meeting or a general meeting of delegates.
- The General Meeting includes members who officially attend and vote at the General Meeting of Members.
- The General Meeting of Representatives includes delegates representing the members who officially attend and vote at the General Meeting of Members.
- Cooperatives and unions of cooperatives with a total of 50 official members or more may hold congresses of delegates.
What are the requirements on the number of delegates attending the congress of cooperatives and unions of cooperatives in Vietnam?
Article 58 of the Law on Cooperatives 2023 provides:
Delegates attending the congress of delegates
1. Delegate standards and order and procedures for electing delegates to attend the congress of delegates are prescribed by the Charter.
2. The number of delegates to attend the congress of delegates is prescribed by the Charter but must ensure the following requirements:
a) Not less than 50% of the total number of official members, for cooperatives and unions of cooperativesss with a total of over 50 to 100 official members;
b) Not less than 30% of the total number of official members, for cooperatives and unions of cooperativesss with total official members from over 100 to 300 members;
c) Not less than 20% of total official members, for cooperatives and unions of cooperatives with total official members from over 300 to 1,000 members;
d) Not less than 200 delegates, for cooperatives and unions of cooperatives with total official members over 1,000 members.
3. Delegates attending the congress must be able to express their opinions and aspirations and have the responsibility to inform all members of the meeting results to all members they represent.
Thus, the number of delegates attending the congress of delegates is prescribed by the Charter but must ensure the following requirements:
- Not less than 50% of total official members for cooperatives and unions of cooperatives with total official members from over 50 to 100 members;
- Not less than 30% of total official members for cooperatives and unions of cooperatives with total official members from over 100 to 300 members;
- Not less than 20% of total official members, for cooperatives and unions of cooperatives with total official members from over 300 to 1,000 members;
- Not less than 200 delegates for cooperatives and unions of cooperatives with total official members over 1,000 members.
The Law on Cooperatives 2023 will take effect from July 1, 2024. Particularly, Clauses 3 and 4, Article 115 of the Law on Cooperatives 2023 will take effect from September 1, 2023
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