Recently, the Minister of Home Affairs issued Circular 03/2013/TT-BNV detailing the implementation of Decree 45/2010/ND-CP dated April 21, 2010, of the Government of Vietnam on the organization, operation, and management of associations, and Decree 33/2012/ND-CP dated April 13, 2012, of the Government of Vietnam amending and supplementing a number of articles of Decree 45/2010/ND-CP.
Currently, an Association is understood as a voluntary organization comprised of Vietnamese citizens and organizations of the same profession, interests, or gender, sharing a common goal of assembling and uniting members, engaging in regular, non-profit activities to protect the legal rights and interests of the association, its members, and the community; supporting each other for effective activities, contributing to the socio-economic development of the country. Associations have various names: association, union, federation, league, club with legal entity status, and other names as stipulated by law.
Illustration (source: internet)
When wishing to establish an association, the founders must form a preparatory committee to establish the association. The preparatory committee to establish the association must be acknowledged by the state management authority in the main sector or field that the association intends to operate in.
According to Circular 03/2013/TT-BNV, the application dossier for recognition of the Preparatory Committee to establish an association complies with the provisions of Clause 4, Article 6 of Decree 45/2010/ND-CP.
For personnel proposed to be the head (Chairman) of the Preparatory Committee to establish the association, who are under the management of a competent authority, written approval from the competent authority is required as per regulations on the classification of personnel management.
If necessary, the state management authority in the main sector or field that the association intends to operate in can consult with related agencies before considering and deciding to recognize the Preparatory Committee to establish the association.
Circular 03 also stipulates that the Preparatory Committee to establish an association is dissolved in the following cases:
- Self-dissolution as stipulated in Clause 1, Article 1 of Decree 33/2012/ND-CP;- The decision to allow the establishment of the association lapses as stipulated in Clause 2, Article 10 of Decree 45/2010/ND-CP.
Refer to other provisions in Circular 03/2013/TT-BNV effective from June 1, 2013.
Thu Ba
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