What is association? Rights and obligations of an association under the law in Vietnam

What is association? Rights and obligations of an association under the law in Vietnam (Internet image)

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

1. What is association?

An association under this Decree means a voluntary organization of Vietnamese citizens or institutions with the same business or interest or in the same circle that unite for a common goal and operate regularly and disinterestedly to protect lawful rights and interests of the association, its members and the community; and support one another to operate effectively, contributing to national socio-economic development. Associations shall be organized and operate under this Decree and relevant legal documents.

(Clause 1, Article 2 of Decree 45/2010/ND-CP)

2. Rights and obligations of an association under the law in Vietnam

2.1. Rights of an association in Vietnam

The Association has the following rights:

- 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.

(Article 23 of Decree 45/2010/ND-CP)

2.2. Obligations of an association in Vietnam

Specifically, Article 24 of Decree 45/2010/ND-CP stipulates the obligations of an association 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 Decree 45/2010/ND-CP 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 Decree 45/2010/ND-CP.

- 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 Decree 45/2010/ND-CP.

- To establish its legal entities under law and report such to a competent state agency specified in Article 14 of Decree 45/2010/ND-CP.

- Annually, to report on its organization and operation to a competent state agency specified in Article 14 of Decree 45/2010/ND-CP 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 Decree 45/2010/ND-CP 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 Decree 45/2010/ND-CP.

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

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