Regulations on conditions for holding the congress of associations in Vietnam from November 26, 2024

Regulations on conditions for holding the congress of associations in Vietnam from November 26, 2024 (Image from internet)

On October 8, 2024, the Government of Vietnam issued Decree 126/2024/ND-CP regulating the organization, activities, and management of associations in Vietnam.

Regulations on conditions for holding the congress of associations in Vietnam from November 26, 2024

According to clauses 1, 2, 3 of Article 19 Decree 126/2024/ND-CP, the highest governing body of an association is the congress. The congress may be held in the form of a full congress or a delegate congress.

- Conditions for organizing a congress:

+ An inaugural congress is organized when more than half of the people registered to establish the association according to the application file are present;

+ A term congress or extraordinary congress is organized when more than half of the official members for a full congress or more than half of the official delegates are present for a delegate congress. An extraordinary congress is convened when at least two-thirds of the total executive committee members or more than half of the total official members make a request;

+ If the number of delegates participating in the congress does not meet the required number as stipulated in points a and b of this clause, the founding committee or the incumbent executive committee must halt the congress and are responsible for leading and directing the association to hold the congress in accordance with Decree 126/2024/ND-CP;

+ Official delegates attending the congress are not allowed to authorize another person to attend on their behalf, except when the congress accepts the authorization.

Note: The congress may be organized directly or via online platforms or a combination of both direct and online forms, as decided by the founding committee or the incumbent executive committee. The association is responsible for ensuring the necessary facilities, means, and human resources to organize the congress in accordance with the charter, congress regulations, and legal provisions.

Regulations on the congress terms in Vietnam from November 26, 2024

Term of the congress:

- The congress term is regulated by the association’s charter but shall not exceed 5 years from the date of conclusion of the previous term congress;

- 30 working days before the term ends, if the association has not held a congress, it must report the reason to the competent state agency as stipulated in clauses 2, 3, 4 of Article 15 Decree 126/2024/ND-CP for consideration of extending the time to hold the congress. The extension shall not exceed 12 months;

- If the extension period expires and the association does not hold a congress, the competent state agency as stipulated in clauses 2, 3, 4 of Article 15 Decree 126/2024/ND-CP will handle the violation as stipulated at point c, clause 2 of Article 30 Decree 126/2024/ND-CP; except in cases of force majeure.

Method of calculating the term deadline for holding congress:

- The congress term of the association is implemented according to point a, clause 4 of this Article. In case the association prolongs the congress term, the deadline for organizing the next term congress is calculated from the day the association holds the current term congress;

- If the association holds an extraordinary congress to approve a name change, the deadline for organizing the next term congress is calculated from the day the association holds the extraordinary congress;

- A newly established association formed by division, separation, merger, or consolidation calculates the deadline for organizing the next term congress from the day the association holds its founding congress.

(Clauses 4, 5 Article 19 Decree 126/2024/ND-CP)

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