Regulations on division, separation; merger: consolidation; dissolution and renaming of associations in Vietnam

Regulations on division, separation; merger: consolidation; dissolution and renaming of associations in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on division, separation; merger: consolidation; dissolution and renaming of associations in Vietnam

Regulations on division, separation; merger: consolidation; dissolution and renaming of associations according to Article 25 of Decree 45/2010/ND-CP are as follows:

- Depending on requirements and capacity of associations, their leadership boards may request competent state agencies specified in Article 14 of Decree 45/2010/ND-CP to license the division, separation; merger; consolidation; dissolution or renaming of associations The division, separation; merger: consolidation; dissolution and renaming of associations comply with law.

- An association dissolves in the following cases:

= Dissolution on its own;

= Dissolution under the decision of a competent slate agency specified in Article 14 of Decree 45/2010/ND-CP.

2. Rights of an association in Vietnam

The rights of the association under Article 23 of Decree 45/2010/ND-CP are as follows:

- To be organized and operate under its approved charter.

- To propagate its goals.

- To represent its members in internal and external relations related to its functions and tasks.

- To protect its legitimate rights and interests and its members" in line with its guiding principles and goals.

- To organize and coordinate activities of its members for its common interests: to conciliate internal disputes.

- To provide and train in knowledge for its members: to provide necessary information for its members under law.

- To participate in programs, projects, studies and counseling and critical comment and examination at the request of state agencies: to provide public services related to their operation, to provide vocational training under law.

- To establish its legal entities under law.

- To comment on legal documents related to its activities under law. To propose to competent state agencies matters related to its development and domain. To provide training and refresher training and other services under law and issue practicing certificates when fully meeting conditions under law.

- To coordinate with concerned agencies and organizations in performing its tasks.

- To raise funds for the association through collecting membership fees and revenues from its business and services under law to cover its operational expenses.

- To receive lawful donations from domestic and overseas organizations and individuals under law. To receive the State's financial supports for activities related to the tasks assigned by the State.

- Central agencies of national associations may join relevant international organizations and sign and implement international agreements under law and shall report such to competent state agencies in charge of the sectors or domains in which the associations will operate and state agencies licensing association establishment for permission of such joining, signing and implementation.

3. Obligations of an association in Vietnam

According to Article 24 of Decree 45/2010/ND-CP, obligations of associations are as follows:

- To comply with relevant laws on organization and operation of associations and its charier. Not to abuse its activities lo harm national security, social order, ethics and national fine customs, practices and traditions, and legitimate rights and interests of organizations and individuals.

- To submit to the management by the state management agency in charge of the sector or domain in which the association operates.

- Thirty days before holding the congress of a term, the leadership board shall report such in writing to a competent state agency specified in Article 14 of this Decree and the agency managing the sector or domain in which the association operates.

- When establishing its representative office in another locality, to request permission of such establishment from the provincial-level People's Committee of the locality where the representative office is based and to report in writing on such establishment to a competent state agency specified in Article 14 of this Decree.

- When changing its president, vice president or secretary general or its head office, or revising its charter, to report such to a competent state agency specified in Article 14 of this Decree.

- To establish its legal entities under law and report such to a competent state agency specified in Article 14 of this Decree.

- Annually, to report on its organization and operation to a competent state agency specified in Article 14 of this Decree and the state management agency in charge of the sector or domain in which the association operates on December 1 at the latest.

- To submit to competent state agencies' guidance, examination and inspection of its law observance.

- To make and keep at its head office lists of its members, chapters, representative offices and attached units, books and documents on its assets and finance and its representative head offices', and minutes of leadership board meetings.

- To use revenues specified in Clauses II and 12. Article 23 of this Decree for its activities under its charter and not to divide them to its members.

- To use its funds under law. To make annual financial statements on the receipt and use of funds donated by foreign organizations and individuals under state regulations and send them to finance agencies of the same level and competent slate agencies specified in Article 14 of this Decree.

- To formulate and promulgate ethic rules to be complied with in its operation.

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