Vietnam: What does the application for establishment of a representative office of the association include?

Recently, the Ministry of Home Affairs of Vietnam has signed and promulgated Circular 03/2013/TT-BNV detailing the implementation of Decree 45/2010/ND-CP dated April 21, 2010, of the Government of Vietnam on organization, operation, and management of associations, and Decree 33/2012/ND-CP dated April 13, 2012, of the Government of Vietnam amending and supplementing certain provisions of Decree 45/2010/ND-CP.

Article 6 Circular 03/2013/TT-BNV stipulates that for associations operating nationwide or inter-provincially, when establishing representative offices in provinces or centrally affiliated cities different from the association’s headquarters in Vietnam, they must submit an application dossier to the Provincial People’s Committee where the representative office is intended to be establish. The application dossier for establishing a representative office should be compiled into one file, including the following documents:

application    dossier    for    setting    up    a    representative    office    of    an    association,    Circular    03/2013/TT-BNV

Illustration (source internet)

- An application for permission to establish a representative office, which clearly states the necessity of establishing the representative office (original copy);- A projected content of the activities of the representative office;- A certified photocopy of valid documents related to the use of the house and land where the representative office is intended to be establish;- A certified photocopy of the decision to establish the association and the association’s charter.

Within fifteen days from the date of receiving a complete and lawful dossier, the Provincial People’s Committee is responsible for reviewing and deciding to allow the association to establish the representative office; if disapproved, a written response must be provided clearly stating the reasons. After receiving the written consent from the Provincial People’s Committee regarding the permission to establish the representative office, the association must report in writing to the Ministry of Home Affairs and the state management agency in charge of the sector or field in which the association operates.

When changing the address of the association’s headquarters and changing the Chairman, Vice Chairman, General Secretary or equivalent positions, the association’s leadership must report in writing to the competent state agency as stipulated in Clause 1, Article 2 of this Circular.

The report on changing the headquarters address must clearly state the new address of the headquarters, telephone, and fax (if any). The report on changing the Chairman, Vice Chairman, General Secretary or equivalent positions must be accompanied by the resolution and minutes of the election of the aforementioned positions, résumé, and judicial record of the association's head.

For more related regulations, see Circular 03/2013/TT-BNV effective from June 1, 2013.

Thu Ba

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