Latest guidance on documentation requirements for application for registration of cooperatives or associations of cooperatives in Vietnam

Recently, the Government of Vietnam issued Decree No. 193/2013/NĐ-CP elaborating certain articles of the Law on Cooperatives.

ho so dang ky hop tac xa, lien hiep HTX, Nghi dinh 193/2013/NĐ-CP

Specifically, according to Decree No. 193/2013/NĐ-CP of Vietnam’s Government, application documentation for registration of cooperatives or associations of cooperatives shall be subject to Clause 2 Article 23 of the Cooperative Law of Vietnam, including:

- The request form for registration of cooperatives or associations of cooperatives;

- The charter;

- The business and production plan;

- The list of members or member cooperatives; list of members of the Board of Directors, Director (General Director), Control Board or controller;

- The resolution of the establishment conference.

In which, the request form for registration of cooperatives or associations of cooperatives must contain the following information:

- Name of the requesting cooperative or association of cooperatives;

- Address of the main office of the requesting cooperative or association of cooperatives; addresses of branches, representative offices thereof (if any); telephone numbers; fax numbers; email addresses;

- Scope of business;

- Charter capital;

- Number of members or member cooperatives;

- Family name, last name, permanent residence address, nationality, number of ID card, passport or other legal authenticated documents of the legal representative of the requesting cooperative or association of cooperative.

The Ministry of Planning and Investment shall provide sample applications for registration of cooperatives or associations of cooperatives which are used consistently across the nation.

Procedures for application for registration of cooperatives or associations of cooperatives shall be carried out according to Decree No. 193/2013/NĐ-CP of Vietnam’s Government as follows:

Step 1: Legal representatives of cooperatives or associations of cooperatives that apply for their establishment submit one set of application documents for registration to cooperative registration agencies and have to be responsible for accuracy and authenticity of information provided in application documentation for registration of cooperatives or associations of cooperatives.

Cooperatives or associations of cooperatives may send registration applications via email addresses of cooperative registration agencies, but must submit written application documents for verification and filing purposes.

Step 2: Cooperative registration agencies must send, in person, or mail acknowledgement notes after receipt of valid application documents in accordance with Article 13 herein and shall not be allowed to request cooperatives or associations of cooperatives to submit documents other than those specified in Article 13 herein.

Step 3: Cooperative registration agencies must grant certificates of registration to the requesting cooperatives or associations of cooperatives within the duration of 5 working days of receipt of valid application documents if the applicants meet all requirements specified in Article 24 in the Law on Cooperatives.

In case of rejecting applications for certificates of registration, cooperative registration agencies must inform cooperatives or associations of cooperatives, whether in writing or via emails, of reasons for such rejection within the maximum duration of 5 working days of receipt of valid application documents.

View relevant provisions at Decree No. 193/2013/NĐ-CP of Vietnam’s Government, effective from January 27, 2014.

Thu Ba

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