What are the requirements for the number of delegates participating in the delegate meeting of cooperatives and unions of cooperatives in Vietnam?
- What are the requirements for the number of delegates participating in the delegate meeting of cooperatives and unions of cooperatives in Vietnam?
- How many management models of cooperatives and cooperative unions are there in Vietnam?
- What is the minimum number of members of the Board of Directors of cooperatives and unions of cooperatives in Vietnam?
What are the requirements for the number of delegates participating in the delegate meeting of cooperatives and unions of cooperatives in Vietnam?
In Article 58 of the Law on Cooperative 2023, there are provisions as follows:
Delegates participating in delegate meeting
1. Eligibility requirements and procedures for election of delegates to participate in the delegate meeting are provided in the cooperative or cooperative union’s charter.
2. The number of delegates participating in the delegate meeting shall comply with the cooperative or cooperative union’s charter, provided that:
a) It shall not be fewer than 50% of total official members of the cooperative or cooperative union that has a total of more than 50 to 100 official members;
b) It shall not be fewer than 30% of total official members of the cooperative or cooperative union that has a total of more than 100 to 300 official members;
c) It shall not be fewer than 20% of total official members of the cooperative or cooperative union that has a total of more than 300 to 1.000 official members;
d) It shall not be fewer than 200 delegates of the cooperative or cooperative union that has a total of more than 1.000 official members.
3. Delegates participating in the delegate meeting must express opinions and aspirations of and communicate the congress’s results to members that they represented.
Thus, the number of delegates participating in the delegate meeting shall comply with the cooperative or cooperative union’s charter, provided that:
- It shall not be fewer than 50% of total official members of the cooperative or cooperative union that has a total of more than 50 to 100 official members;
- It shall not be fewer than 30% of total official members of the cooperative or cooperative union that has a total of more than 100 to 300 official members;
- It shall not be fewer than 20% of total official members of the cooperative or cooperative union that has a total of more than 300 to 1.000 official members;
- It shall not be fewer than 200 delegates of the cooperative or cooperative union that has a total of more than 1.000 official members.
What are the requirements for the number of delegates participating in the delegate meeting of cooperatives and unions of cooperatives in Vietnam?
How many management models of cooperatives and cooperative unions are there in Vietnam?
Pursuant to Article 56 of the Law on Cooperative 2023, it is stipulated as follows:
Management model
1. Cooperatives and cooperative unions shall be managed adopting two management models as follows:
a) The fully-organized management model consists of the GMM, Board of Directors, Director (General Director), and Board of Controllers. The Chairperson of the Board of Directors may concurrently hold the position of Director (General Director);
b) The simplified management model consists of the GMM, Director and Controller.
2. A small, medium or large cooperative or cooperative union that has 10 members or more must adopt the fully-organized management model.
3. A micro cooperative or cooperative union that has less than 10 members may adopt either fully-organized management model or simplified management model.
4. In case a cooperative or cooperative union that is adopting the simplified management model is developed into a small, medium or large cooperative or cooperative union that has 10 members or more, the adoption of the fully-organized management model must be decided in the nearest GMM.
Thus, cooperatives and cooperative unions shall be managed adopting two management models as follows:
- The fully-organized management model consists of the GMM, Board of Directors, Director (General Director), and Board of Controllers. The Chairperson of the Board of Directors may concurrently hold the position of Director (General Director);
- The simplified management model consists of the GMM, Director and Controller.
What is the minimum number of members of the Board of Directors of cooperatives and unions of cooperatives in Vietnam?
According to the provisions of Article 65 of the Law on Cooperative 2023, regulations on the Board of Directors:
Board of Directors
1. The Board of Directors is the managerial body of the cooperative or cooperative union, and is composed of a Chairperson and other members who are elected by the establishment meeting or GMM from among official members of the cooperative or cooperative union. The number of members of the Board of Directors shall be prescribed by the cooperative or cooperative union’s charter but shall neither be fewer than 03 members nor exceed 15 members. Total members of the Board of Directors that are foreign-invested organizations and individuals who are foreign investors must be accounted for less than 35% of its total members.
2. The term of office of the Board of Directors is prescribed by the cooperative or cooperative union’s charter but shall not exceed 05 years. A member of the Board of Directors shall be the same term of office as the Board of Directors. A member of the Board of Directors may be re-elected without term limit. Members of the Board of Directors shall be elected and dismissed by secret ballot.
3. The Board of Directors of a cooperative shall meet on a periodical basis as prescribed in its charter but at least every 03 months. The Board of Directors of a cooperative union shall meet on a periodical basis as prescribed in its charter but at least every 06 months.
4. An extraordinary meeting of the Board of Directors may be held at the request of:
a) Its Chairperson;
b) Director (General Director);
c) The head of the Board of Controllers; or
d) At least one third of total members of the Board of Directors.
5. Procedures for conducting a meeting of the Board of Directors:
a) A meeting of the Board of Directors shall be conducted when it is participated in by at least two thirds of its total members. Decisions of the Board of Directors shall be ratified under the majority rule. Each member shall have one vote of equal effect. In case of equality of votes, the option that is voted for by the Chairperson of the Board of Directors or the person authorized by the Chairperson to chair the meeting shall prevail;
b) In case a periodical meeting of the Board of Directors cannot be conducted due to inadequate number of participants, the Chairperson of the Board of Directors shall convene the second meeting within 15 days from the planned date of the first meeting. In this case, the second meeting shall be conducted when it is participated in by more than 50% of total members of the Board of Directors;
...
Thus, the number of members of the Board of Directors is prescribed by the Charter but the minimum is 03 people, the maximum is 15 people.
- The total number of members of the Board of Directors who are economic organizations with foreign investment capital and individuals who are foreign investors accounts for less than 35% of the total number of members of the Board of Directors.
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