What are the procedures for registering revisions to the cooperative registration certificate under a court decision in Vietnam?
- What are the procedures for registering revisions to the cooperative registration certificate under a court decision in Vietnam?
- What are the requirements to be granted a cooperative registration certificate in Vietnam?
- What are the registration of revisions to cooperative registration certificate in Vietnam?
What are the procedures for registering revisions to the cooperative registration certificate under a court decision in Vietnam?
Clause 2, Article 47 of the Law on Cooperatives 2023 regulates the procedures for registering revisions to the cooperative registration certificate under a court decision or arbitration award:
- An application for registration of revisions to the cooperative registration certificate shall be submitted to the business registration authority within 10 days from the effective date of the court’s decision or judgment or arbitration award;
- Within 03 working days from the receipt of the application, the business registration authority shall consider the validity of the application and issue the cooperative registration certificate in accordance with the effective court’s decision or judgment or arbitration award.
+ In case of invalid application, the business registration authority shall request the applicant in writing to make necessary modifications.
+ If an application is refused, a written notice indicating reasons for refusal shall be given.
What are the procedures for registering revisions to the cooperative registration certificate under a court decision in Vietnam?
What are the requirements to be granted a cooperative registration certificate in Vietnam?
Article 44 of the Law on Cooperatives 2023 stipulates the Cooperative Registration Certificate as follows:
Cooperative registration certificate
1. A cooperative registration certificate may be issued if:
a) The registered business lines are not banned;
b) The submitted application is valid;
c) Name of the cooperative or cooperative union is conformable with the provisions of this Law;
d) The application fees have been fully paid in accordance with regulations of law on fees and charges.
2. Cooperatives and cooperative unions may apply for re-issuance or replacement of their cooperative registration certificates in accordance with the Government’s regulations and pay application fees in accordance with regulations of law.
Thus, according to the above regulations, a cooperative registration certificate may be issued if:
- The registered business lines are not banned;
- The submitted application is valid;
- Name of the cooperative or cooperative union is conformable with the provisions of Law on Cooperatives 2023;
- The application fees have been fully paid in accordance with regulations of law on fees and charges.
What are the registration of revisions to cooperative registration certificate in Vietnam?
Article 47 of the Law on Cooperatives 2023 stipulates the registration of revisions to cooperative registration certificate as follows:
Registration of revisions to cooperative registration certificate
1. A cooperative or cooperative union shall be required to follow procedures for registration of revisions to its cooperative registration certificate if there is any change in the information specified in Clauses 1, 2 and 5 Article 45 of this Law or a decrease or increase of at least 5% or at least VND 01 billion in its charter capital or when the cooperative or cooperative union undergoes reorganization. Procedures for registration of revisions:
a) Within 10 days from the occurrence of a revision to its cooperative registration certificate, the cooperative or cooperative union shall submit an application for registration of revisions to the business registration authority;
b) Within 03 working days from the receipt of the application, the business registration authority shall consider the validity of the application and issue the cooperative registration certificate. In case of invalid application, the business registration authority shall request the applicant in writing to make necessary modifications. If an application is refused, a written notice indicating reasons for refusal shall be given.
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Thus, according to the above regulations, a cooperative or cooperative union shall be required to follow procedures for registration of revisions to its cooperative registration certificate if:
- A cooperative or cooperative union shall be required to follow procedures for registration of revisions to its cooperative registration certificate if there is any change in the information specified in Clauses 1, 2 and 5 Article 45 of Law on Cooperatives 2023.
+ Accordingly, the information specified in Clauses 1, 2 and 5 Article 45 of Law on Cooperatives 2023 includes the following information:
++ Name of the cooperative or cooperative union.
++ Head office’s address.
++ Full name, contact address, nationality, personal identification number or number of legal document of the legal representative of the cooperative or cooperative union.
- A decrease or increase of at least 5% or at least VND 01 billion in its charter capital or when the cooperative or cooperative union undergoes reorganization.
The procedures for registration of revisions:
- Within 10 days from the occurrence of a revision to its cooperative registration certificate, the cooperative or cooperative union shall submit an application for registration of revisions to the business registration authority;
- Within 03 working days from the receipt of the application, the business registration authority shall consider the validity of the application and issue the cooperative registration certificate. In case of invalid application, the business registration authority shall request the applicant in writing to make necessary modifications. If an application is refused, a written notice indicating reasons for refusal shall be given.
The Law on Cooperatives 2023 will take effect from July 1, 2024. Particularly, Clause 3 and Clause 4, Article 115 of the Law on Cooperatives 2023 will take effect from September 1, 2023.
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