Grounds for determining the falsification in the registration dossier of artels, cooperatives, unions of cooperatives in Vietnam

Grounds for determining the falsification in the registration dossier of artels, cooperatives, cooperative unions in Vietnam (Image from the Internet)

1. Grounds for determining the falsification in the registration dossier of artels, cooperatives, cooperative unions in Vietnam

According to Article 23 of Decree 92/2024/ND-CP stipulating the determination of falsification in the registration dossier of artels, cooperatives, cooperative unions:

In cases where there are grounds to determine that the content declared in the registration dossier of artels, cooperatives, cooperative unions is fraudulent, individuals and relevant organizations must send a document to the district business registration authority requesting the revocation of the Certificate of Registration of the cooperation group, the Certificate of Registration of the cooperative, the Certificate of Registration of the branch activities, or representative office for cases where the content declared in the registration dossier for the establishment of the cooperation group, cooperative, union of cooperatives, branch, or representative office is fraudulent, or request the revocation of the Certificate of Registration based on falsification declared in the dossier for changes in registration.

The requester for revocation is responsible for providing the district business registration authority with one of the documents prescribed in Clause 2, Article 23 of Decree 92/2024/ND-CP. Within 03 working days from the date of receiving the request document as prescribed in this Clause, the district business registration authority shall handle the issue in accordance with Clause 3, Article 23, Clause 2, Article 24, Clause 1, Article 53, Clause 2, Article 55, and Clause 2, Article 64 of Decree 92/2024/ND-CP.

Documents determining the falsification in the registration dossier of the cooperation group, cooperative, union of cooperatives include:

- A copy of the document from the competent state authority answering that the document it issued has been forged.- A copy of the police document regarding the falsification declared in the registration dossier of the cooperation group, cooperative, union of cooperatives.

In cases where it is necessary to determine the falsification in the registration dossier of the cooperation group, cooperative, union of cooperatives, the district business registration authority shall send a written request along with the registration dossier to the competent authority prescribed in Clause 2, Article 23 of Decree 92/2024/ND-CP. These authorities are responsible for providing a written response on the results of the determination within 30 days from the date of receiving the request document.

2. Handling cases of registration dossier changes with false, fraudulent, untruthful, and inaccurate declarations in Vietnam

According to Article 24 of Decree 92/2024/ND-CP prescribing the handling of cases of non-conformable dossiers, processes, procedures, or declarations:

In cases where the district business registration authority handles the registration of artels, cooperatives, cooperative unions which are non-conformable in terms of dossiers, processes, and procedures as per the Cooperatives Law and Decree 92/2024/ND-CP, the district business registration authority shall inform the cooperation group, cooperative, union of cooperatives, while re-processing in compliance with the Cooperatives Law and Decree 92/2024/ND-CP.

The handling of cases where the content declared in the registration dossier for changes is fraudulent is as follows:

In cases where the content declared in the registration dossier for changes is fraudulent, the district business registration authority shall issue a notice on the violation of the cooperation group, cooperative, union of cooperatives, branch, or representative office and decide to revoke the Certificate of Registration based on falsification declared in the dossier for changes within 03 working days from the date of receiving the required documents as prescribed in Clause 2, Article 23 Decree 92/2024/ND-CP. The district business registration authority shall post the violation notice on the National Business Registration Portal.

The district business registration authority shall inform the tax administration and competent state authorities about the violation of the cooperation group, cooperative, union of cooperatives, branch, representative office to coordinate management and handle according to the law, while re-issuing the Certificate of Registration based on the most recent compliant dossier before the fraudulent changes were declared.

The cooperation group, cooperative, union of cooperatives may resubmit the dossier for consideration of re-issuance of the Certificate of Registration. They may combine legitimate changes from the subsequent complaints into one consolidated registration change.

Handling of cases where the content declared in the registration dossier is untruthful or inaccurate is as follows:

- In cases where the content declared in the registration dossier for the establishment is untruthful or inaccurate, the district business registration authority shall inform the tax administration and competent state authorities to coordinate management and handle according to the law, while notifying that the Certificate of Registration issued based on untruthful or inaccurate content declarations is invalid. The district business registration authority shall post the invalid Certificate of Registration notice on the National Business Registration Portal.

- The district business registration authority shall require the cooperation group, cooperative, union of cooperatives to resubmit the dossier for the establishment within 30 days from the date of notice for consideration of re-issuance of the Certificate of Registration. They may combine legitimate changes from successive complaints into one consolidated registration change. In cases where the cooperation group, cooperative, union of cooperatives does not resubmit the dossier, the district business registration authority shall require them to report as prescribed in Clause 6, Article 7 of Decree 92/2024/ND-CP;

- In cases where the content declared for registration change is untruthful or inaccurate, the district business registration authority shall inform the tax administration and competent state authorities to coordinate management and handle according to the law, while notifying that the Certificate of Registration issued based on untruthful or inaccurate content declarations is invalid and re-issuing the Certificate of Registration based on the last compliant dossier prior to the fraudulent changes. The district business registration authority shall post the invalid Certificate of Registration notice on the National Business Registration Portal.

- The cooperation group, cooperative, union of cooperatives may resubmit the dossier for consideration of re-issuance of the Certificate of Registration. They may combine legitimate changes from subsequent complaints into one consolidated registration change.

More details can be found in Decree 92/2024/ND-CP effective from July 18, 2024.

Tran Huyen Trang

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