How is the Association Penalized if it Does Not Hold the Term General Meeting on Time?

23:24, 09/07/2024

This is a notable content stipulated in Circular 03/2013/TT-BNV of the Ministry of Home Affairs detailing the implementation of Decree 45/2010/ND-CP dated April 21, 2010 of the Government of Vietnam on the organization, operation, and management of associations and Decree 33/2012/ND-CP dated April 13, 2012 of the Government of Vietnam amending and supplementing some articles of Decree 45/2010/ND-CP.

According to the provisions of Article 3 of Circular 03/2013/TT-BNV, if after the six-month period from the date the association receives the written request to hold a congress from the competent state authority according to the provisions of Clause 3 Article 20 of Decree 45/2010/ND-CP, the association does not hold the congress, the competent state authority specified in Article 14 of Decree 45/2010/ND-CP will consider and decide to apply the following measures based on each specific case:

handling associations not organizing congress as scheduled, Circular 03/2013/TT-BNV

Illustrative image (source: Internet)

- Organize a meeting of the association's leadership to suspend the operation of the association's head and appoint a member of the association's leadership to temporarily manage the association's activities and prepare for the congress until the association organizes the congress and elects a new leadership;- Organize a meeting of the association's leadership to appoint a preparatory committee to organize the congress.

Within ninety days from the date the association has been subjected to the measures, the association must prepare for the congress and report to the competent state authority according to the provisions of Clauses 1 and 2 Article 2 of this Circular. If the association fails to do so, it will be considered for dissolution according to the provisions of Clause 3 Article 29 of Decree 45/2010/ND-CP.

See the full text of the provisions at Circular 03/2013/TT-BNV, effective from June 1, 2013.

Thu Ba

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