Has the Decree 113/2024/ND-CP guiding the Law on Cooperatives been issued in Vietnam?

What are matters addressed in Decree 113/2024/ND-CP guiding the Law on Cooperatives? What are regulations on the classification of scale of cooperatives in Vietnam? What rights do cooperatives and cooperatives unions in Vietnam have?

Has the Decree 113/2024/ND-CP guiding the Law on Cooperatives been issued in Vietnam?

On September 12, 2024, the Government of Vietnam issued Decree 113/2024/ND-CP detailing several articles of the Law on Cooperatives:

- Classification of cooperative scales.

- Criteria for selection, subjects, content, levels of support, sources of funding, and implementation of state policies on supporting the development of cooperative groups, cooperatives, and cooperative unions.

- Conditions for cooperatives and cooperative unions to establish enterprises, contribute capital, and purchase shares in enterprises.

- Conditions for cooperatives and cooperative unions to conduct internal lending activities, including loan amounts, lending limits, interest rates, and risk handling from internal lending activities.

- Internal transactions and income from internal transactions.

- Asset handling when a cooperative or cooperative union is dissolved or bankrupt.

Decree 113/2024/ND-CP takes effect in Vietnam from November 1, 2024.

Has  Decree  113/2024/ND-CP  been  issued  to  guide  the  Cooperative  Law?

Has the Decree 113/2024/ND-CP guiding the Law on Cooperatives been issued in Vietnam?​ (Image from the Internet)

What are regulations on the classification of scale of cooperatives in Vietnam?

According to Article 5 of Decree 113/2024/ND-CP, the classification of cooperative scales is regulated as follows:

[1] Classification of cooperatives in the field of agriculture

- Large-scale cooperatives have 300 or more official members with annual revenue of 50 billion VND or more or total capital of 10 billion VND or more.

- Medium-scale cooperatives have 200 or more official members with annual revenue of 10 billion VND or more or total capital of 5 billion VND or more.

- Small-scale cooperatives have 50 or more official members with annual revenue of 2 billion VND or more or total capital of 1 billion VND or more.

- Micro-scale cooperatives include those cooperatives not falling into the above categories.

[2] Classification of cooperatives in the field of industry - construction

- Large-scale cooperatives have 100 or more official members with annual revenue of 80 billion VND or more or total capital of 20 billion VND or more.

- Medium-scale cooperatives have 50 or more official members with annual revenue of 15 billion VND or more or total capital of 10 billion VND or more.

- Small-scale cooperatives have 20 or more official members with annual revenue of 3 billion VND or more or total capital of 2 billion VND or more.

- Micro-scale cooperatives include those cooperatives not falling into the above categories.

[3] Classification of cooperatives in the field of finance, banking, and insurance

- Large-scale cooperatives have 1,000 or more official members with annual revenue of 200 billion VND or more or total capital of 50 billion VND or more.

- Medium-scale cooperatives have 500 or more official members with annual revenue of 100 billion VND or more or total capital of 20 billion VND or more.

- Small-scale cooperatives have 100 or more official members with annual revenue of 50 billion VND or more or total capital of 10 billion VND or more.

- Micro-scale cooperatives include those cooperatives not falling into the above categories.

[4] Classification of cooperatives in the field of commerce - services and other fields

- Large-scale cooperatives have 200 or more official members with annual revenue of 100 billion VND or more or total capital of 20 billion VND or more.

- Medium-scale cooperatives have 100 or more official members with annual revenue of 20 billion VND or more or total capital of 10 billion VND or more

.- Small-scale cooperatives have 20 or more official members with annual revenue of 5 billion VND or more or total capital of 2 billion VND or more.

- Micro-scale cooperatives include those cooperatives not falling into the above categories.

What rights do cooperatives and cooperative unions in Vietnam have?

According to Article 9 of the Law on Cooperatives 2023, the rights of cooperatives and cooperative unions in Vietnam include:

- Effectively organizing the implementation of established objectives and goals.

- Deciding on the organization, management, and operations of cooperatives and cooperative unions; hiring and using labor.

- Engaging in business and production in industries and trades not prohibited by law.

- Requiring members to register their demand for products and services to build and implement plans for supplying, consuming products and services for members.

- Providing products and services externally after fulfilling obligations and ensuring the interests of members according to the Charter or relevant laws.

- Providing services and organizing economic, social, cultural activities aimed at improving the well-being of members, the community, and sustainable development.

- Participating in implementing policies, programs, and projects for economic, cultural, and social development, ensuring political security, social order and safety, and environmental protection in the community.

- Admitting new members, ending membership according to the provisions of Law on Cooperatives.

- Increasing and decreasing charter capital during operation.- Mobilizing capital according to legal regulations.

- Conducting internal lending as regulated by this Law.

- Separately tracking revenue and expenses for internal transactions and external transactions.

- Partnering, associating, and collaborating with organizations and individuals both domestically and internationally to achieve the goals of cooperatives and cooperative unions.

- Contributing capital, buying shares, and establishing enterprises to support the activities of cooperatives and cooperative unions.

- Distributing income, handling losses, and debts of cooperatives and cooperative unions.

- Participating in representative organizations of cooperatives and cooperative unions.

- Complaining, denouncing violations of the legal rights and interests of cooperatives and cooperative unions according to law; resolving internal disputes and handling violating members as specified in the Charter.

- Other rights as prescribed by law and the Charter.

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