Procedure for reissuing the lost, burned, damaged, destroyed artel registration certificate in Vietnam from August 13, 2024

Procedure for reissuing the lost, burned, damaged, destroyed artel registration certificate in Vietnam from August 13, 2024 (Image from the Internet)

On August 13, 2024, the Minister of Planning and Investment of Vietnam announced together with Decision 1739/QD-BKHDT newly issued, amended, supplemented, replaced, abolished, publicly annulled administrative procedures in the field of establishment and operation of cooperatives, cooperative unions within the management of the Ministry of Planning and Investment.

Procedure for reissuing the lost, burned, damaged, destroyed artel registration certificate in Vietnam from August 13, 2024

The procedures for re-issuance of an artel registration certificate due to loss, fire, tear, destruction are as follows:

(1) Sequence of Implementation:

* Direct Registration Case:

In case the cooperative requires re-issuance of the artel registration certificate due to loss, fire, tear, or destruction, the cooperative shall send a written request for re-issuance to the district-level business registration authority where the cooperative office is located.

The district-level business registration authority shall consider re-issuance of the artel registration certificate within 03 working days from the date of receiving the written request.

If the submitted documents are not valid or the requested cooperative name does not comply with regulations or the information in the registration dossier is inconsistent, the district-level business registration authority shall notify in writing the necessary amendments, supplements to the founder or cooperative within 03 working days from the date of dossier receipt. The district-level business registration authority shall record all requirements for dossier amendment or supplementation in one notice per submitted dossier by the cooperative.

* Electronic Registration Case:

The dossier submitter uses an electronic identification account to access the cooperative registration information system.

The submitter shall declare information, upload electronic documents, authenticate the registration dossier electronically, and pay fees according to the process on the cooperative registration information system.

Upon completion of the registration dossier submission, the submitter will receive a registration dossier receipt in their account on the cooperative registration information system.

Cooperative registration information on the cooperative registration information system is transmitted to the taxpayer registration application system for coordination and information exchange between the district-level business registration authority and the tax authority.

If the dossier meets the conditions for cooperative registration, the district-level business registration authority shall issue the registration either in paper form or electronically. If the dossier is invalid or the requested cooperative name does not comply with regulations or the information in the registration dossier is inconsistent, the district-level business registration authority shall send an electronic notification to the cooperative to request amendment or supplementation. The submitter uses their account to access the cooperative registration information system to receive feedback on the dossier processing result.

(2) Implementation Method:

The registration dossier shall be submitted to the business registration authority through one of the following methods:

- Direct submission at the business registration authority;- Through postal services;- Online via the cooperative registration information system/ National Public Service Portal.

(3) Dossier Components:

* The dossier includes:

A request form for re-issuance of the artel registration certificate.

* In the case of electronic cooperative registration:

The electronic cooperative registration dossier includes the documents specified in the Cooperative Law 2023 and Decree 92/2024/ND-CP, presented in electronic document format. The electronic registration dossier has the same legal value as the paper dossier.

* In the case of authorization to perform procedures:

+ Individuals signing the cooperative registration request can authorize other organizations or individuals to perform the cooperative registration procedures as follows:

In the case of authorizing an individual to perform cooperative registration procedures, the dossier must include a written authorization for the individual to perform related registration procedures. This authorization document is not required to be notarized or certified;

In the case of authorizing an organization to perform cooperative registration procedures, the registration dossier must include a copy of the service contract with the service organization, an introduction letter, or an assignment document of that organization to the individual directly performing related registration procedures.

+ In the case of performing cooperative registration procedures through public postal services, when performing procedures, the postal staff must submit a copy of the postal slip according to the form issued by the public postal service provider with the signature of the postal staff and the authorized individual signing the registration request.

+ In the case of authorizing a non-public postal service provider to perform cooperative registration procedures, the authorization shall comply with the provisions of point b, Clause 2, Article 12 of Decree 92/2024/ND-CP on cooperative registration.

(4) Requirements and Conditions for Procedure Implementation:

* Declaring personal information when performing cooperative registration procedures:

- If a personal identification number is available, the person performing cooperative registration procedures shall declare information on their surname, middle name, given name, date of birth, and personal identification number of themselves and individuals required to declare personal information in the cooperative registration dossier. The information declared must match the information stored in the National Population Database. If there is a discrepancy in personal information compared to the National Population Database, the individual must contact the competent state authority to correct the information before performing cooperative registration procedures.

- If submitting a paper-based registration dossier, the cooperative registration submitter must present a citizen ID card or personal ID card or use an electronic identification account according to legal regulations to perform cooperative registration procedures.

- If there is no personal identification number, the cooperative registration dossier requiring personal information declaration of the legal representative of the cooperative, the representative of the cooperative in the case the representative is an individual, or the legal representative of the legal entity in the case of a legal entity representative must include a copy of the ID card or passport or foreign passport or equivalent valid foreign document.

- If the connection between the Cooperative Registration Information Database and the National Population Database is interrupted, the cooperative registration dossier must include a copy of the citizen ID card, personal ID card, ID card, passport, or foreign passport or equivalent valid foreign document of the registration submitter, cooperative representative in the case the representative is an individual, or the legal representative of the legal entity in the case of a legal entity representative.

* Language used in the cooperative registration dossier:

- Documents and materials in the cooperative registration dossier shall be prepared in Vietnamese;- If the cooperative registration dossier includes materials in a foreign language, the dossier must include a notarized Vietnamese translation attached to the foreign language materials;- If documents and materials in the cooperative registration dossier are prepared in both Vietnamese and a foreign language, the Vietnamese version shall be used for cooperative registration procedures.

* The cooperative registration submitter shall submit the dossier at the district-level business registration authority where the cooperative's principal office is located.

The cooperative registration dossier shall be accepted into the cooperative registration information system upon meeting the following conditions:

- Includes all documents specified in the Cooperative Law 2023 and Decree 92/2024/ND-CP;- The cooperative name has been filled in the registration request;- Includes the telephone number of the registration submitter;- Registration fees have been paid, except for cases exempted from registration fees according to regulations.

* The electronic cooperative registration dossier must meet the following requirements:

- Includes all documents and the content of those documents declared fully and accurately as in the paper registration dossier, presented in electronic document form. The electronic document titles must correspond to the document titles in the paper registration dossier. Individuals signing the registration dossier can use a digital signature to sign directly on the electronic document or directly on the paper document and then scan (scan) the paper document in the formats prescribed in Clause 2, Article 31 of Decree 92/2024/ND-CP;

- Registration information declared on the cooperative registration information system must be fully and accurately entered according to the information in the paper registration dossier; including telephone number and email of the registration submitter;

- The electronic cooperative registration dossier must be authenticated by the digital signature of the competent signatory of the registration request or authorized individual performing registration procedures. If authorized to perform registration procedures, the electronic registration dossier must include the documents specified in Article 12 of Decree 92/2024/ND-CP and presented in electronic document form as specified in point a of this clause;

- The deadline for cooperatives to amend, supplement the electronic registration dossier is 60 days from the date the district-level business registration authority issues the notice requesting the dossier amendment, supplementation. After this deadline, if no amended, supplemented dossier is received, the district-level business registration authority will cancel the registration dossier according to the process on the cooperative registration information system.

* Cases where cooperative registration procedures are not allowed:

- Cooperatives are not allowed to perform registration procedures in the following cases:

+ The district-level business registration authority has issued a notice of the cooperative’s violation subject to revocation of the artel registration certificate or the artel registration certificate has been revoked;+ The cooperative is in the process of ceasing operations;+ The cooperative is legally classified as "Not operating at the registered address”.

- The cooperative is allowed to resume registration procedures when:

+ Measures to rectify the violations mentioned in the notice of the cooperative's violations subject to revocation of the artel registration certificate have been taken, and such measures have been accepted by the district-level business registration authority or after the cooperative's registration certificate has been reinstated following a revocation decision;+ The cooperative must register changes in registration content to serve the cessation of the cooperative’s operations according to regulations. In this case, the registration change dossier must include the cooperative's explanation of the reason for registration change and accepted by the district-level business registration authority;+ The cooperative is no longer in the legal status "Not operating at the registered address".

- In case the Court; Execution agency; Investigation agency, Head, Deputy Head of Investigation agency, investigators regulated by the Criminal Procedure Code demand in writing that the cooperative is prohibited from carrying out one or more cooperative registration procedures, the cooperative is not allowed to perform those procedures until written consent is granted by the organizations or individuals mentioned above allowing the cooperative to continue the procedures.

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