Procedure for canceling artel registration procedures in Vietnam from August 13, 2024

Procedure for canceling artel registration procedures in Vietnam from August 13, 2024 (Image from the internet)

On August 13, 2024, the Minister of Planning and Investment promulgated Decision 1739/QD-BKHDT announcing new administrative procedures, amendments, supplements, replacements, abolishment, cancellation, and public cancellation in the field of establishment and operation of artels, cooperatives, and cooperative alliances within the scope of management by the Ministry of Planning and Investment.

Procedure for canceling artel registration procedures in Vietnam from August 13, 2024

The procedure for canceling artel registration procedures in Vietnam is as follows:

(1) Procedure Steps:

* In the case of direct registration:

If an artel wishes to stop the execution of its registration procedure, the representative of the artel or the authorized individual signs a document requesting to stop the registration procedure at the district-level business registration office where the headquarter is located.

The district-level business registration office will consider issuing a notice to stop the registration procedure for the artel and cancel the dossier in accordance with the process on the Cooperative Registration Information System within 03 working days from the date of receiving the request.

If the request to stop the procedure is denied, the district-level business registration office issues a written notice to the artel stating the reasons for the denial.

* In the case of electronic registration:

The applicant uses an electronic identification account to access the Cooperative Registration Information System.

The applicant fills out the information, uploads electronic documents, certifies the registration dossier electronically, and pays the fee according to the process on the Cooperative Registration Information System.

After completing the submission of the registration dossier, the applicant will receive a receipt for the dossier in their account on the Cooperative Registration Information System.

The artel registration information on the Cooperative Registration Information System is transmitted to the taxpayer registration system to coordinate and exchange information between the district-level business registration office and the tax authority.

If the dossier meets the conditions for issuing an artel registration, the district-level business registration office grants the artel registration either in hard copy or electronic form. If the dossier is not valid or the name of the artel does not comply with the rules, or the information provided is inconsistent, the district-level business registration office sends an electronic notice to the artel requesting modifications or supplements to the dossier. The applicant uses the account to access the Cooperative Registration Information System to receive feedback on the processing status of the dossier.

(2) Method of Implementation:

The registration dossier can be submitted to the business registration office by one of the following methods:

- Submit directly at the business registration office;

- Via postal service;

- Online via the Cooperative Registration Information System/ National Public Service Portal.

(3) Components of the Dossier:

* The dossier includes:

A document requesting to stop the execution of the artel registration procedure.

* In the case of electronic registration:

The electronic artel registration dossier includes documents as prescribed in the Cooperatives Law 2023 and Decree 92/2024/ND-CP, presented in electronic form. The electronic registration dossier holds the same legal value as a paper dossier.

* In the case of authorization:

+ The individual signing the document requesting the artel registration can authorize another organization or individual to execute the registration procedure as follows:

If authorizing an individual to execute the artel registration procedure, the dossier must include a power of attorney for the individual performing the registration-related tasks. The power of attorney does not require notarization or certification;

If authorizing an organization to execute the artel registration procedure, the dossier must include a copy of the service provision contract with the service organization, an introduction letter, or a document assigning tasks from the organization to the individual directly performing the registration-related tasks.

+ In the case of executing the artel registration procedure via postal services, the postal service employee must submit a photocopy of the mailing receipt according to the form issued by the postal service provider, signed by the postal employee and the authorized individual signing the registration request document.

+ If authorizing a postal service provider that is not a public postal service to execute the artel registration, the authorization must follow the regulations stated in point b clause 2 Article 12 of Decree 92/2024/ND-CP on artel registration.

More details can be found in Decision 1739/QD-BKHDT which comes into force in Vietnam from August 13, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE