Latest regulations on authorizing the performance of the Procedures for registration of cooperatives and cooperative unions in Vietnam

Latest regulations on authorizing the performance of the Procedures for registration of cooperatives and cooperative unions in Vietnam (Internet image)

On July 18, 2024, Hanoi issued Decree 92/2024/ND-CP on the registration of artels, cooperatives and cooperative unions in Vietnam.

1. Latest regulations on authorizing the performance of the Procedures for registration of cooperatives and cooperative unions in Vietnam

According to Article 11 of Decree 92/2024/ND-CP, authorizing the performance of the Procedures the Procedures for registration of cooperatives and cooperative unions in Vietnam as follows:

- The authorized individual to register the establishment of a cooperative or a union of cooperatives must be recorded in the resolution of the establishment conference of the cooperative or union of cooperatives. The re-authorization to carry out the registration procedures for the establishment of a cooperative or union of cooperatives is carried out according to the provisions of civil law.

- Except as provided in Clause 1, Article 11 of Decree 92/2024/ND-CP, individuals signing the documents requesting the registration of artels, cooperatives and cooperative unions can authorize other organizations or individuals to carry out the registration procedures for artels, cooperatives and cooperative unions as follows:

+ In the case of authorizing an individual to perform the registration procedures for artels, cooperatives and cooperative unions, the dossier must include a written authorization for the individual to carry out the procedures related to the registration of artels, cooperatives and cooperative unions. This authorization document does not require notarization or certification;

+ In the case of authorizing an organization to perform the registration procedures for artels, cooperatives and cooperative unions, the registration dossier must include a copy of the service contract with the service-providing organization, the introduction letter, or the document assigning tasks of that organization to the individual directly performing the procedures related to the registration of artels, cooperatives and cooperative unions.

- For the registration procedures of artels, cooperatives and cooperative unions via public postal services, the postal worker must submit a copy of the mailing receipt issued by the public postal service company, signed by the postal worker and the authorized person requesting the registration.

- In the case of authorizing a postal service provider that is not a public postal service to carry out the registration procedures for artels, cooperatives and cooperative unions, the authorization shall be performed according to point b, clause 2, Article 11 of Decree 92/2024/ND-CP.

2. Guidelines for filling the information on business lines of artels, cooperatives and cooperative unions in Vietnam

The detailing of business sectors of artels, cooperatives and cooperative unions is stipulated in Article 12 Decree 92/2024/ND-CP as follows:

- When registering for the establishment or notifying of changes in business sectors or when applying for a Cooperative Group Registration Certificate or Cooperative Registration Certificate as prescribed in Decree 92/2024/ND-CP, the founder or cooperative or union of cooperatives chooses the four-level economic sector in the Vietnam Standard Industrial Classification to record the business sector in the registration dossier.

The district-level business registration agency will guide, verify, and record the business sectors of artels, cooperatives and cooperative unions into the database for cooperative registration.

- The specifics of the four-level economic sector stipulated in clause 1, Article 12 of Decree 92/2024/ND-CP are implemented following the Prime Minister's Decision on the issuance of the Vietnam Standard Industrial Classification.

- For business sectors with conditions as stipulated in other legal normative documents, the business sector is recorded according to the sector stipulated in those legal normative documents.

- For business sectors not listed in the Vietnam Standard Industrial Classification but stipulated in other legal normative documents, the business sector is recorded according to the sector stipulated in those legal normative documents.

- For business sectors not listed in the Vietnam Standard Industrial Classification and not stipulated in other legal normative documents, the district-level business registration agency will review and record these business sectors into the cooperative registration database if they are not prohibited sectors, and inform the Ministry of Planning and Investment to supplement new business sectors.

- If a cooperative group, cooperative, or union of cooperatives wishes to record more detailed business sectors than the four-level economic sector, it can choose a four-level economic sector from the Vietnam Standard Industrial Classification and then record the detailed business sectors directly below the four-level sector, ensuring that the detailed business sectors of the cooperative group, cooperative, or union of cooperatives match the selected four-level economic sector.

In this case, the business sectors of the cooperative group, cooperative, or union of cooperatives are the detailed business sectors recorded.

- The recording of business sectors stipulated in clauses 3 and 4, Article 12 of Decree 92/2024/ND-CP is carried out according to clause 6, Article 12 of Decree 92/2024/ND-CP, in which detailed business sectors are recorded according to the sectors stipulated in specialized legal normative documents.

- The recording of business sectors of branches or business locations of cooperatives and cooperative unions is carried out according to clauses 1, 2, 3, 4, 5, 6, and 7 of Article 12 of Decree 92/2024/ND-CP.

More details can be found in Decree 92/2024/ND-CP, which takes effect in Vietnam from July 18, 2024.

Vo Tan Dai

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