Circular 03: Detailing the Dossier for Establishing a Legal Entity under the Association

Article 4 of Circular 03/2013/TT-BNV stipulates that when there is a need and sufficient conditions to establish a legal entity under the association operating in fields appropriate to the association's charter that the law has specifically prescribed regarding conditions, procedures, sequences, dossiers, and competent authorities for issuing certificates of operation registration or business licenses, the association shall decide to establish a legal entity and report to the competent state agency prescribed in Article 14 of Decree 45/2010/ND-CP. The dossier includes:

Illustration (source: internet)

- Certificate of operation registration or business license issued by a competent state agency (authenticated copy);- Certificate of registered seal specimen (authenticated copy).

If the association establishes a legal entity under the association that is not conformable to the law, it shall be responsible before the law; the competent state agency prescribed in Article 14 of Decree 45/2010/ND-CP has the right to request the association to dissolve the legal entity and propose the competent state agency to revoke the seal.

Annually, the association must report the organizational situation and activities of the legal entities under the association to the competent state agency prescribed in Article 14 of Decree 45/2010/ND-CP.

The association is established inter-branch associations, branch associations, sub-branch associations, and association groups (collectively referred to as grassroots organizations under the association) according to the charter of the association approved by the competent state agency specified in Article 14 of Decree 45/2010/ND-CP. Grassroots organizations established by the association do not have legal entity status, their own seals, or their own accounts.

More details can be found in Circular 03/2013/TT-BNV, effective from June 1, 2013.

Thu Ba

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