Rights and obligations of cooperatives and unions of cooperatives in Vietnam

The Cooperative Law 2012 of Vietnam consists of 9 chapters, 64 Articles, which provides the establishment, organization and operation of cooperatives and unions of cooperatives in different sectors of the economy. One of the featured contents of this document is the regulation on the rights and obligations of cooperatives and unions of cooperatives.

Specifically, according to Article 8 of the Cooperative Law 2012 of Vietnam, cooperatives and unions of cooperatives shall have the following rights:

- To achieve their operation objectives; to implement autonomy and self-responsibility in their operation.

- To decide on organizing their management and operation; to hire and use labor.

- To carry out production and business activities or create jobs according to registered business lines to meet the common needs of their members or member cooperatives.

- To supply and consume products, services and jobs for their members or member cooperatives and to the market while ensuring the fulfillment of obligations toward their members or member cooperatives.

- To admit new members and terminate the status of member or member cooperative.

- To increase or decrease their charter capital during operation; to mobilize capital and carry out internal credit activities in accordance with law.

- To enter into joint ventures with, associate and cooperate with domestic and foreign organizations and individuals to achieve their operation objectives.

- To contribute capital to, buy shares from and establish businesses aiming to support their activities.

- To manage, use and handle their capital, assets and funds.

- To distribute their incomes and settle their losses and debts.

- To participate in representative organizations of cooperatives or unions of cooperatives.

- To lodge complaints about or through their representatives to denounce infringements upon their rights and legitimate interests; to handle their members or member cooperatives for violations of their charter, and settle internal disputes.

Besides, Article 9 of the Cooperative Law 2012 of Vietnam also specifies certain obligations of cooperatives and unions of cooperatives, including:

- To implement the charter.

- To guarantee the rights and legitimate interests of their members or member cooperatives as prescribed by this Law.

- To operate strictly according to their registered business lines.

- To perform service contracts between cooperatives and their members or unions of cooperatives and their member cooperatives.

- To implement laws on finance, tax, accounting, audit and statistics.

- To manage and use their capital, assets and funds in accordance with law.

- To manage and use land and other resources allocated or leased by the State in accordance with law.

- To sign and perform labor contracts, pay social insurance and health insurance premiums, and implement other policies for their laborers in accordance with law.

- To educate, train, retrain and provide information for their members or member cooperatives.

- To report on their activities according to regulations of the Government.

- To pay compensations as prescribed by law for damages caused by themselves to their members or member cooperatives.

The Cooperative Law 2012 of Vietnam takes effect from July 01, 2013.

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