Is it permissible to open a branch for a cooperative in Vietnam?
Is it permissible to open a branch for a cooperative in Vietnam? What contents must be included in the notification of establishment of a branch for a cooperative in Vietnam?
Hello Lawnet. I am a member of an agricultural cooperative. My cooperative is planning to set up a branch in another province. Is that permissible to do so? Is it necessary to send notification to the state? What contents must be included in the notification?
Is it permissible to open a branch for a cooperative in Vietnam?
Pursuant to Article 27 of the Law on Cooperative in 2012 stipulating as follows:
1. Cooperatives or unions of cooperatives may establish branches, representative offices and places of business in the country and abroad.
The order and procedures for establishment comply with regulations of the Government.
2. A representative office shall act as a representative by authorization to serve the operation of its cooperative or union of cooperatives.
3. A branch is an attached unit of the cooperative or union of cooperatives and is responsible for performing all or part of the functions and tasks of the cooperative or union of cooperatives. The business lines of a branch must be in line with those of the cooperative or union of cooperatives.
4. Branches, representative offices and places of business must bear the names of its cooperative or union of cooperatives, together with corresponding supplements to identify the branches, representative offices or places of business.
As regulations above, your cooperative are permissible to open branches, representative offices and places of business in the country and abroad.
What contents must be included in the notification of establishment of a branch for a cooperative in Vietnam?
Pursuant to Clause 2, Article 16 of the Decree 193/2013/NĐ-CP stipulating contents included in the notification of establishment of their branches, representatives or business locations that cooperatives or unions of cooperatives must send cooperative registration agencies as follows:
a) Name of the requesting cooperative or association of cooperatives, address of its main office, registration certificate number, date of issue of registration certificate;
b) Name of each branch, representative office or business location intended to be established; that name must contain the words “chi nhánh” (means “branch") with respect to registration for establishment of a branch, the words “văn phòng dại diện” (means “representative office”) with respect to registration for establishment of a representative office, or the words “dịa diểm kinh doanh” (means “business location”) with respect to registration for establishment of a business location;
dd) Family name, last name, permanent residence address, nationality, number of ID card, passport or other legal authenticated documents of the legal representative of the requesting cooperative or association of cooperative;
d) Address of the branch, representative office or business location to be established;
dd) Scope of business of the branch or business location to be established; scope of operations of the representative office to be established;
e) Full name, permanent residence address, nationality, number of ID card, passport or other legally authenticated documents of the representative of the branch, representative office or business location to be established.
Above are contents that must be included in the notification of establishment of cooperatives' branches.
Best regards!