Applications and procedures for registering the change of name of the cooperatives and cooperative unions in Vietnam

Applications and procedures for registering the change of name of the cooperatives and cooperative unions in Vietnam (Image from the Internet)

Application for registration of the change of name of the cooperatives and cooperative unions in Vietnam

According to Article 38 of Decree 92/2024/ND-CP, the application for registration of the change of name of the cooperatives and cooperative unions in Vietnam includes the following documents:

- Application form for registration of the change of the cooperative's, union of cooperatives' registration details;

- A copy or original minutes of the Member General Meeting regarding the change of the cooperative's, union of cooperatives' name;

- A copy or original resolution of the Member General Meeting regarding the change of the cooperative's, union of cooperatives' name.

Procedures for registering the change of name of the cooperatives and cooperative unions in Vietnam

The procedures for registering the change of name of the cooperatives and cooperative unions in Vietnam are carried out in accordance with Article 47 of the Cooperative Law 2023 as follows:

(1) The cooperatives and cooperative unions must register the change of the Cooperative Registration Certificate when changing any of the information specified in clauses 1, 2, and 5 of Article 45 of the Cooperative Law 2023 or when changing the charter capital by 5% or more or from 01 billion VND or more, or when reorganizing the cooperatives and cooperative unions. The change is carried out as follows:

- Within 10 days from the date of the change of information on the Cooperative Registration Certificate, the cooperatives and cooperative unions must submit an application for change to the business registration authority;

- Within 03 working days from the date of receipt of the application, the business registration authority is responsible for examining the validity of the application and issuing the Cooperative Registration Certificate; in case the application is not valid, the business registration authority must notify in writing the content that needs modification or supplementation; in case of refusal, a written notice must be given stating the reason.

(2) The registration of the change of the Cooperative Registration Certificate according to the court's or arbitration's decision is carried out as follows:

- Within 10 days from the date the court's judgment, decision or arbitration's award takes legal effect, the applicant must submit an application for change to the business registration authority;

- Within 03 working days from the date of receipt of the application, the business registration authority is responsible for examining and issuing the Cooperative Registration Certificate according to the content of the court's judgment, decision or arbitration's award that takes legal effect; if the application is not valid, the business registration authority must notify in writing the content that needs modification or supplementation; in case of refusal, a written notice must be given stating the reason.

Regulations on the name of the cooperatives and cooperative unions in Vietnam

- The cooperatives and cooperative unions must not register the same or confusingly similar name as that of another registered cooperatives and cooperative unions in the national database on cooperative registration, except for cooperatives, union of cooperatives that have already been dissolved or have a court decision declaring bankruptcy that takes legal effect.

- The district-level business registration authority has the right to approve or reject the proposed name of the cooperatives and cooperative unions in accordance with the law, and its decision is final. If the cooperatives and cooperative unions disagrees with the decision, it can file a lawsuit in accordance with the administrative procedure law.

- Encourage and facilitate cooperatives, union of cooperatives with the same or confusingly similar names to negotiate with each other to register a name change.

- The name of the cooperatives and cooperative unions must be written or affixed at its headquarters, branches, representative offices, business locations; must be printed or written on transaction documents, documents, and publications issued by the cooperatives and cooperative unions.

- In case of having a foreign name, the foreign name of the cooperatives and cooperative unions must be printed or written in a smaller font size than its Vietnamese name.

Tran Trong Tin

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