Circular No. 01/2022/TT-BNV amends and supplements certain articles of Circular No. 03/2013/TT-BNV on the organization, operation, and management of associations. This document details the reporting of congresses, the deadlines for holding congresses, and the handling of serious violations of laws by associations.
Scope of application
Associations as prescribed in Decree No. 45/2010/NĐ-CP and state agencies with authority to manage association activities.
Key points
- Associations must report the organization of congresses to the competent state agency as stipulated in Article 2 (Clause 1, Clause 2, and Clause 3 of this Article).
- If there is no report or if the congress is not organized according to the prescribed procedure, the charter of the association has not been approved (Article 2, Clause 6).
- The deadline for organizing regular and extraordinary congresses is specified in detail in Article 2, Clause 7.
- An association violates serious laws if it does not organize a congress within nine months from the date of receipt of the request of the competent state agency (Article 3).
- The proposed leadership personnel of the association must have a curriculum vitae and a criminal record certificate, except in cases where they are retired civil servants or are currently working but have been officially agreed in writing by the competent authority (Article 8, Clause 2).
🌐 Social impact of this document
- Strengthen the management of association activities to ensure compliance with the law.
- Reduce the occurrence of violations in organizing congresses and reporting to the competent state agency.
- Affected are associations that do not comply with the deadlines and procedures for organizing congresses.
❓ Frequently asked questions
To which agency must an association report the organization of a congress?
The competent state agency as stipulated in Article 14 of Decree No. 45/2010/NĐ-CP.
What is the deadline for reporting the organization of a regular congress?
It shall not exceed the deadline specified in Clause 3 of Article 20 of Decree No. 45/2010/NĐ-CP.
Is the charter of the association affected if it is not organized according to the prescribed procedure?
Yes, the charter of the association has not been approved (Article 2, Clause 6).
What documents are required for the proposed leadership personnel of the association?
A curriculum vitae and a criminal record certificate; in cases where they are retired civil servants or are currently working but have been officially agreed in writing by the competent authority, a criminal record certificate is not required (Article 8, Clause 2).
How long is the deadline for organizing a congress if an association violates serious laws?
Within nine months from the date of receipt of the request of the competent state agency (Article 3).
Full text
| MINISTRY OF HOME AFFAIRS |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
| Number: 1/2022/TT-BNV | Hanoi, January 16, 2022 |
CIRCULAR
Amending and supplementing certain provisions of Circular No. 03/2013/TT-BNV dated April 16, 2013, issued by the Minister of Home Affairs detailing the implementation of Decree No. 45/2010/NĐ-CP dated April 21, 2010, of the Government on the organization, operation, and management of associations, and Decree No. 33/2012/NĐ-CP dated April 13, 2012, of the Government amending and supplementing certain provisions of Decree No. 45/2010/NĐ-CP.
On the basis of Decree No. 45/2010/NĐ-CP dated April 21, 2010, of the Government on the organization, operation, and management of associations; and Decree No. 33/2012/NĐ-CP dated April 13, 2012, of the Government amending and supplementing certain provisions of Decree No. 45/2010/NĐ-CP,
The Minister of Home Affairs issues this Circular to amend and supplement certain provisions of Circular No. 03/2013/TT-BNV dated April 16, 2013, issued by the Minister of Home Affairs detailing the implementation of Decree No. 45/2010/NĐ-CP dated April 21, 2010, of the Government on the organization, operation, and management of associations, and Decree No. 33/2012/NĐ-CP dated April 13, 2012, of the Government amending and supplementing certain provisions of Decree No. 45/2010/NĐ-CP.
Article 1. Amending and supplementing certain provisions of Circular No. 03/2013/TT-BNV dated April 16, 2013, issued by the Minister of Home Affairs detailing the implementation of Decree No. 45/2010/NĐ-CP dated April 21, 2010, of the Government on the organization, operation, and management of associations, and Decree No. 33/2012/NĐ-CP dated April 13, 2012, of the Government amending and supplementing certain provisions of Decree No. 45/2010/NĐ-CP.
1. Amending and supplementing Clause 6 of Article 2:
"6. In cases where an association holds a congress without reporting as prescribed in Clauses 1, 2, and 3 of this Article, the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP shall not approve the charter of the association adopted at the congress; simultaneously, it shall send a written notice to relevant agencies informing that the association has not held the congress in accordance with the prescribed procedures and requesting the association to organize the congress again in accordance with the prescribed procedures."
Pursuant to Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
2. Supplementing Clause 7 of Article 2:
At the proposal of the Director of the Department of Non-Governmental Organizations;
"7. Calculation of the term for holding a congress:
a) Term congress:
The term of the congress of the association shall be implemented in accordance with Clause 3 of Article 20 of Decree No. 45/2010/NĐ-CP. In cases where the association extends the term of the congress, the term for holding the next congress shall be calculated from the date of the new term congress.
b) Extraordinary congress:
An association holding an extraordinary congress to change its name shall calculate the term for holding the next congress from the date of the extraordinary congress;
In cases where an association holds an extraordinary congress to approve division, separation, merger, or consolidation of associations, the newly established association due to division, separation, merger, or consolidation shall calculate the term for holding the next term congress from the date of the establishment congress."
Article 3. Associations violating the law seriously
1. After six months from the date the association receives the written request from the competent state agency prescribed in Clause 3 of Article 20 of Decree No. 45/2010/NĐ-CP or the written request to hold a congress prescribed in Clause 1 of this Circular, if the association does not hold a congress, the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP shall continue to issue a written request for the association to hold a congress. If the association does not hold a congress according to the request within thirty days from the date of receipt of the written request from the competent state agency, except in cases of force majeure, it shall be considered a serious violation of the law.
2. An association violating the law seriously as prescribed in Clause 3 of Article 29 of Decree No. 45/2010/NĐ-CP when determined by the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP or the relevant state management agency related to the field of activity of the association that the violations of the association repeatedly occur three times or more in the same obligation of the association prescribed in Article 24 of Decree No. 45/2010/NĐ-CP."
4. Amending Clause 2 of Article 8 as follows:
"2. The proposed leadership personnel of the association must have a curriculum vitae and a judicial record, except in cases where the proposed leadership personnel are civil servants, public officials, or former civil servants who have retired but have been approved in writing by the competent authority in accordance with the regulations on cadre management levels, they do not need a judicial record."
3. Amend and supplement Article 3 as follows:
"Reports on organizing term congresses and extraordinary congresses submitted to the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP before the effective date of this Circular shall continue to be implemented in accordance with Circular No. 03/2013/TT-BNV dated April 16, 2013, issued by the Minister of Home Affairs detailing the implementation of Decree No. 45/2010/NĐ-CP dated April 21, 2010, of the Government on the organization, operation, and management of associations, and Decree No. 33/2012/NĐ-CP dated April 13, 2012, of the Government amending and supplementing certain provisions of Decree No. 45/2010/NĐ-CP.
1. This Circular takes effect from March 3, 2022.
2. The Minister, Heads of Ministries equivalent to Ministries, Agencies under the Government, Chairpersons of Provincial People's Committees, and cities directly under the Central Government, and associations are responsible for implementing this Circular./.
4. Amend Clause 2 of Article 8 as follows:
"2. The proposed head of the association shall provide a curriculum vitae and a judicial record form. However, if the proposed head is a civil servant, public official, or a retired civil servant or public official who has obtained written approval from the competent authority according to the regulations on cadre management levels, they are exempted from providing the judicial record form."
Article 2. Transitional Provisions
For the reports of the congress for the term of office or extraordinary congress submitted to the state agency with competent authority as stipulated in Article 14 of Decree No. 45/2010/NĐ-CP before the effective date of this Circular, continue to follow the provisions of Circular No. 03/2013/TT-BNV dated April 16, 2013, issued by the Minister of Home Affairs detailing the implementation of Decree No. 45/2010/NĐ-CP dated April 21, 2010, of the Government on the organization, operation, and management of associations, and Decree No. 33/2012/NĐ-CP dated April 13, 2012, of the Government amending and supplementing certain articles of Decree No. 45/2010/NĐ-CP.
Article 3. Effectiveness and Responsibility for Implementation
1. This Circular takes effect from March 3, 2022.
2. The Minister, Heads of Ministries equivalent to Ministries, Heads of Agencies under the Government, Chairpersons of Provincial People's Committees, and cities directly under the Central Government, and associations are responsible for implementing this Circular./.
| THE MINISTER | |
| (Signed) | |
| Phạm Thị Thanh Trà |
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