Cases in which district-level business registration agencies refuse to grant cooperative registration in Vietnam from July 18, 2024

Cases in which district-level business registration agencies refuse to grant cooperative registration in Vietnam from July 18, 2024 (Image from the internet)

1. What is cooperative registration?

According to Clause 2, Article 3 of Decree 92/2024/ND-CP, cooperative registration is the registration of business registration contents and taxpayer registration of the cooperative, registration of branch operations, representative office, business location of the cooperative, registration of changes in cooperative registration contents, registration of changes in the branch operation registration contents, representative office, business location of the cooperative, other registration obligations, notifications, and related operations stipulated in Cooperative Law 2023 and Decree 92/2024/ND-CP.

2. Cases in which district-level business registration agencies refuse to grant cooperative registration in Vietnam from July 18, 2024

According to Article 33 of Decree 92/2024/ND-CP, district-level business registration agencies in Vietnam will refuse to grant group collaboration registration, cooperative registration, or union cooperative registration in the following cases:

- The cooperative has received a notice from the district business registration agency about violations, subject to revocation of the Cooperative Registration Certificate, or has already been issued a decision to revoke the Cooperative Registration Certificate;

- The cooperative is in the process of dissolution according to the dissolution resolution of the General Meeting of Members; the collaborative group is in the process of ceasing operations;

- The cooperative is in the legal status of "Not operating at the registered address."

Additionally, district-level business registration agencies will continue to process the registration procedures for group collaborations, cooperatives, and union cooperatives in the above cases when:

- The cooperative has taken remedial measures for the violations as required in the notice about the cooperative's violations subject to revocation of the Cooperative Registration Certificate and has been accepted by the district business registration agency or had the Cooperative Registration Certificate restored after a revocation decision;

- The cooperative must register for changes in the cooperative registration contents to serve the dissolution of the cooperative as per regulations. In this case, the registration dossier must include an explanation letter from the cooperative about the reasons for the change registration and be accepted by the district business registration agency;

- The cooperative is no longer in the legal status of "Not operating at the registered address."

Note: In cases where the Court; Enforcement Agency; Investigation Agency, Head, Deputy Head of Investigation Agency, Investigator as stipulated in the Criminal Procedure Code require in writing that the cooperative not perform one or several cooperative registration procedures, the district-level business registration agency will refuse to grant cooperative registration when the cooperative performs such procedures until there is written consent from the above-mentioned organizations or individuals allowing the continuation of the registration procedures.

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE