Procedures for establishing associations of the Ministry of Home Affairs of Vietnam from November 26, 2024 (Provincial Level)

Procedures for establishing provincial-level associations of the Ministry of Home Affairs of Vietnam from November 26, 2024

On November 5, 2024, the Minister of Home Affairs of Vietnam issued Decision 780/QD-BNV to announce administrative procedures stipulated in Decree 126/2024/ND-CP on the organization, operation, and management of associations.

Procedures for establishing provincial-level associations of the Ministry of Home Affairs of Vietnam from November 26, 2024

(1) Implementation Sequence

- Step 1: The founding committee of the association with provincial activities submits the application dossier for association establishment to the provincial People's Committee (Department of Home Affairs).

- Step 2: The officer receiving the dossier reviews and requests additional documents if the dossier is incomplete or not lawful. In case of refusal to receive and process the application, a clear reason must be provided.

- Step 3: From the date of receiving a complete and legal dossier, the Department of Home Affairs examines, appraises the dossier for permission to establish the association, gathers opinions from related agencies, compiles feedback, and requests additional documentation if necessary.

- Step 4: The Chairman of the provincial People's Committee considers and decides on the permission to establish the association. If disapproved, a written response stating the reasons must be given.

(2) Mode of Implementation

Submit the dossier directly at the provincial People's Committee (Department of Home Affairs); via public postal services or through the Online Public Service Portal. The dossier must have the incoming document confirmation from the competent authority. If sent via public postal services, the receiving date is based on the date on the incoming document stamp.

(3) Component and Quantity of the Dossier

Dossier components:

- Application for association establishment (as per the form);

- Draft charter of the association (as per the form);

- Decision recognizing the founding committee accompanied by a list of committee members (original);

- List and registration application of organizations and Vietnamese citizens participating in founding the association (original);

- Personal resume as per the form and judicial record card No. 1 (original) of the head of the founding committee dated within six months from the submission date;

- Consent of the competent authority, as per management decentralization regulations, for officials and public employees participating as the head of the association's founding committee (original);

- Document proving the legal right to use the proposed headquarters of the association in accordance with the law (original or certified copy);

- Asset declaration for establishing the association (original) voluntarily contributed by the founding committee (if any);

- Written commitment to ensuring funding for operation in the first tenure of the association if established (original).

Number of dossiers: 01 set (original).

(4) Processing Time

60 working days from the date the provincial People's Committee (Department of Home Affairs) receives a complete and legal dossier.

(5) Subjects of Administrative Procedure

Associations with activities within the province.

(6) Agencies Performing Administrative Procedures

Provincial People's Committee (Department of Home Affairs).

(7) Results of Administrative Procedure

Decision permitting the establishment of the association.

(8) Fees

None.

(9) Form Names

- Application for association establishment (as per Form No. 04, Appendix II Decree 126/2024/ND-CP);

- Draft Association Charter (as per Form No. 09, Appendix II Decree 126/2024/ND-CP);

- Application for Vietnamese citizens registering to join the association (as per Form No. 01, Appendix II Decree 126/2024/ND-CP);

- Application for Vietnamese organizations registering to join the association (as per Form No. 02, Appendix II Decree 126/2024/ND-CP).

(10) Conditions and Requirements for Administrative Procedures

- The Chairman of the provincial People's Committee permits the formation of associations with provincial activities.

- Conditions for establishing an association:

+ The name of the association: Written in Vietnamese or phonetically transcribed in Vietnamese; if not possible, a foreign name may be used; the unique name can be transcribed, translated into ethnic minority languages, foreign languages as per legal provisions; it must align with the association's principles, purpose, scope, and main activity field; not duplicate or confuse with existing legally established associations; must not violate social ethics, customs, or cultural traditions.

+ Activities not contrary to the law, not duplicating names or main activity fields with legally established associations in the same territorial area.

+ Has a charter;

+ Has an office;

+ For associations operating provincially, at least fifty citizens or organizations within the province must qualify, voluntarily apply to form the association;

+ For economic organization associations, members include representatives from legally recognized Vietnamese economic organizations operating provincially, with at least five legal representatives from the same industry or field volunteering to form the association;

+ Sufficient assets to ensure the association's activities.

- Must have a Founding Committee recognized by the Chairman of the provincial People's Committee.

- Within 60 days from the effective date of the founding permission, the committee must organize a congress.

- If the congress is not organized within this period, within 15 days after the deadline, the founding committee must request an extension from the authority that granted founding permission. The extension is not more than 30 days, and if the congress is not organized within the extended time, the founding permission becomes invalid.

Associations that have their founding permit revoked cannot be re-established within three years from the revocation date. If there is a desire to re-establish, the founding committee must apply anew, following standard procedures from the beginning.

(11) Legal Basis of Procedure

- Decree 126/2024/ND-CP dated October 8, 2024, by the Government of Vietnam on the organization, operation, and management of associations.

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