Issuance of new procedures regarding assisting artels, cooperatives and cooperative unions in Vietnam

Issuance of new procedures regarding assisting artels, cooperatives and cooperative unions in Vietnam
Quoc Tuan

On October 11, 2024, the Ministry of Planning and Investment issued Decision 2373/QD-BKHDT announcing new administrative procedures regarding assisting artels, cooperatives and cooperative unions in Vietnam under the management scope of the Ministry of Planning and Investment of Vietnam.

Issuance of new procedures regarding assisting artels, cooperatives and cooperative unions in Vietnam

The procedures for registering the assistance in artels, cooperatives and cooperative unions in Vietnam are as follows:

(1) Implementation Process:

The artel, cooperative and cooperative union submits one set of registration documents for assistance to the People's Committee at the commune level where the cooperative group has its transaction address, or where the cooperative or cooperative union has its main office.

(2) Method of Implementation:

The registration documents are submitted to the People's Committee at the commune level via one of the following methods:

- Direct submission;

- Through public postal services;

- Online through the National Cooperative Information System (when completed) or the National Public Service Portal.

(3) Composition of Documents:

* The registration documents for assistance include:

- Application form for registration of assistance, including a commitment not to violate the prohibited acts as specified in Clause 2, Article 7 of the Cooperative Law 2023, not during the execution of a criminal sentence by a legally effective court judgment as per Form No. 01 in the Appendix issued with Decree 113/2024/ND-CP;

- Copies of documents and records related to demonstrating compliance with the criteria for benefits as prescribed:

+ For cooperatives, cooperative unions:

++ Documents and records proving that the cooperative or cooperative union meets one (mandatory) or multiple (if applicable) criteria as follows: the number of members increased during the two consecutive years preceding the year of application for assistance;

The rate of internal transaction value increased in the year immediately preceding the year of application for assistance; the rate of provision to the non-divisible common fund is higher than the minimum level specified in Article 84 of the Cooperative Law 2023 in the year immediately preceding the year of application for assistance; increase in non-divisible common assets value in the year immediately preceding the year of application for assistance;

At least 5% of total members and employees participated in education, training, dissemination, enhancement, or workshops organized by the cooperative, cooperative union, or other agencies, organizations, and received a certificate of course participation or have a list of members and employees attending courses with the cooperative, cooperative union’s stamp (for courses organized by the cooperative, cooperative union, a plan of course organization, course content, and the signed course list by participants are required) as of the year immediately preceding the year of application for assistance;

Established no more than 36 months in a socio-economically disadvantaged area, especially difficult area as prescribed by investment laws as of the time of application for assistance;

++ In cases where the cooperative or cooperative union registers to receive support from the state budget valued at 3 billion VND or more, a financial statement for the year immediately preceding that has been audited by an independent auditing organization is required at the time of application for assistance.

+ For cooperative groups:

++ A copy of the Certificate of Cooperative Group Registration;

++ Documents and records proving that the cooperative group meets one (mandatory) or multiple (if applicable) criteria, specifically: the number of members increased during the two consecutive years preceding the year of application for assistance; at least 5% of the total members and employees participated in education, training, dissemination, enhancement, or workshops organized by the cooperative group or other agencies, organizations, and received a certificate of course participation or have a list of members and employees attending courses with the cooperative group’s confirmation (for courses organized by the cooperative group, a plan of course organization, course content, and the signed course list by participants are required) as of the year immediately preceding the year of application for assistance; established no more than 36 months in a socio-economically disadvantaged area, especially difficult area as prescribed by investment laws as of the time of application for assistance.

+ The cooperative group, cooperative, cooperative union is solely responsible before the law for the accuracy and truthfulness of the information provided in the registration documents for assistance mentioned above.

More details can be found in Decision 2373/QD-BKHDT which comes into force in Vietnam from November 1, 2024.

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