From November 26, 2024, what are the regulations on conditions for establishing an Association in Vietnam?

From November 26, 2024, what are the regulations on conditions for establishing an Association in Vietnam?

Based on Article 10 of Decree 126/2024/ND-CP which specifies the conditions for establishing an association in Vietnam:

Article 10. Conditions for establishing an association

1.  The name of the association must meet the following conditions:

a) Written in Vietnamese or phonetic transcription according to Vietnamese; if it cannot be phonetically transcribed to Vietnamese, a foreign language can be used. The specific name of the association can be transcribed or translated into minority languages or foreign languages in accordance with the law;

b) Appropriate to the principles, purposes, scope, and main field of activity of the association;

c) Not duplicate the full name or cause confusion, overlap with the names of other legally established associations;

d) Not violate social ethics, customs, and national cultural traditions.

[...]

Thus, the conditions for establishing an association in Vietnam are regulated as follows:

[1] The name of the association must meet the following conditions:

- Written in Vietnamese or phonetic transcription according to Vietnamese; if it cannot be phonetically transcribed to Vietnamese, a foreign language can be used. The specific name of the association can be transcribed or translated into minority languages or foreign languages in accordance with the law

- Appropriate to the principles, purposes, scope, and main field of activity of the association

- Not duplicate the full name or cause confusion, overlap with the names of other legally established associations

- Not violate social ethics, customs, and national cultural traditions

[2] The main field of activity does not overlap with the main field of activity of an association that has been legally established previously within the same scope of activity.

[3] Have principles, purposes, and a field of activity in accordance with legal provisions.

[4] Have a charter, except in cases where the congress resolution of the association operating within a province, district, or commune has the same name, main field of activity, and is a member organization of an association operating nationwide, unanimously recognizing the charter of the nationwide operating association, then there is no need to develop a separate charter.

[5] Have the association's headquarters located in Vietnam within the scope of the association’s activities and have a specific and clear address.

[6] Have a sufficient number of organizations and Vietnamese citizens registering to participate in establishing the association, except where the law or ordinance prescribes otherwise:

- Associations operating nationwide or inter-provincially must have at least 100 organizations or citizens from two or more provincial-level administrative units, with sufficient conditions, voluntarily having a registration form to participate in the establishment of the association

- Associations operating within a province must have at least 50 organizations or citizens from two or more district-level administrative units, with sufficient conditions, voluntarily having a registration form to participate in the establishment of the association;

- Associations operating within a district must have at least 20 organizations or citizens from two or more commune-level administrative units, with sufficient conditions, voluntarily having a registration form to participate in the establishment of the association;

- Associations operating within a commune must have at least 10 organizations or citizens at the commune-level administrative unit, with sufficient conditions, voluntarily having a registration form to participate in the establishment of the association;

- Associations of economic organizations operating nationwide must have members representing economic organizations with legal person status in Vietnam, with at least 11 legal representative members across several provinces; associations operating within a province must have at least 05 legal representatives in the province, in the same industry or field of activity, with sufficient conditions, voluntarily having a registration form to participate in the establishment of the association.

[7] Have assets to ensure the association's activities.

From November 26, 2024, what are the regulations on conditions for establishing an Association in Vietnam? (Image from the Internet)

What are the main contents of the association's charter in Vietnam?

Based on Article 14 of Decree 126/2024/ND-CP which stipulates the main contents of the association's charter as follows:

- The name of the association.

- Principles, purposes, fields, and scope of operation of the association.

- Legal status, main headquarters of the association.

- Principles of organization and activity of the association.

- Rights and obligations of the association.

- Membership criteria.

- Rights and obligations of members; procedures for registration to join the association, procedures for leaving the association, authority for admitting, expelling members.

- Organizational structure, election, removal, dismissal terms; duties, powers of the congress, executive board, standing committee, inspection committee of the association; formation, management of subordinate organizations of the association; principles, voting forms; policies towards people working at the association.

- Representative according to the law of the association; duties, powers, election, removal, dismissal, temporary suspension of work, permission to return to work, standards, conditions, age, health, term of office of the president, vice president of the association, and other positions (if any).

- Division, separation, merger, consolidation, renaming, temporary suspension of operations, and dissolution of the association.

- Source of assets, finance, and management, use of assets, finances of the association.

- Rewards, discipline, handling of violations.

- Resolution of disputes, complaints, petitions, accusations related to the organization and operation of the association.

- Other contents (if any) compliant with legal provisions.

- Amendments, supplements to the charter.

- Enforcement effectiveness.

In what circumstances does the Prime Minister of Vietnam have the authority to approve the association's charter?

Based on Article 15 of Decree 126/2024/ND-CP, which specifies the jurisdiction for resolving association procedures:

Article 15. Jurisdiction for resolving association procedures

1. The Prime Minister of Vietnam approves the charter for associations operating nationwide with a party committee.

2. The Minister of the Ministry of Home Affairs allows the establishment, division, separation, merger, consolidation, dissolution, renaming, approves the charter; temporarily suspends, allows resumption of operations for associations operating nationwide or inter-provincially, except where the law or ordinance prescribes otherwise on establishment or approval of association charters.

[...]

Thus, the Prime Minister of Vietnam has the authority to approve the charter for associations operating nationwide with a party committee.