This Circular details the implementation of Government Decrees No. 45/2010/NĐ-CP and No. 33/2012/NĐ-CP regarding the organization, operation, and management of associations. The main contents include the establishment of the organizing committee, holding congresses, handling violations of deadlines for holding congresses, establishing legal entities, resolving disputes and complaints, setting up representative offices, changing key leadership of associations, policies for personnel working at associations, and state management responsibilities for associations.
适用范围
Associations with nationwide or inter-provincial scope, associations with provincial, district, commune, or village scope, and state administrative bodies managing associations.
要点
- Associations must report and obtain permission when setting up representative offices in provinces other than where their headquarters are located.
- State administrative bodies have the responsibility to coordinate, guide operations, and award associations.
- Associations are responsible for organizing regular and extraordinary congresses as prescribed, reporting, and implementing measures when violating deadlines for holding congresses.
- The head of an association must comply with consecutive terms of office, age limits, qualifications, nomination procedures, and selection processes for electing the head of the association.
- Associations must establish and maintain a current list of members, branches, representative offices, and units under the association.
🌐 本文件的社会影响
- Positive impact: Creating a clear legal basis for managing the activities of associations, enhancing operational effectiveness.
- Negative impact: May impose administrative burdens on associations when fulfilling reporting and obtaining permission requirements.
- Social impact 2: Creating opportunities for associations to participate in socializing health, cultural, educational, scientific, and technological development activities at local levels.
- Negative impact: May cause difficulties in organizing congresses when deadlines are violated.
❓ 常见问题
To which authority must an association report about setting up a representative office?
An association must report to the People's Committee of the province where it plans to set up a representative office.
What consequences arise from violating the deadline for holding a congress?
The association will be subject to measures such as suspension of activities or appointment of temporary leadership to manage operations until the congress is held within 90 days, otherwise, dissolution may be considered.
What regulations must the head of an association comply with?
Consecutive terms of office as head of the association; age limits, qualifications, nomination procedures, and selection processes for electing the head of the association as stipulated in the association’s charter or by its leadership.
What records must an association establish and retain?
An association must establish and retain lists of members, branches, representative offices, and units under the association, books and vouchers related to the association's assets and finances, and documents related to the association's activities.
What responsibilities does the state administrative body have towards associations?
The Ministry of Home Affairs assists the Government in uniformly managing associations, coordinating with ministries, ministerial-level agencies, and provincial People's Committees to implement state management over associations as prescribed. Ministries, ministerial-level agencies, and People's Committees at all levels also have the responsibility to create favorable conditions for the activities of associations.
全文
CIRCULAR
Article 24规定实施细则，执行政府第0号决定No. 45/201NĐ-CP发布to201 ENVIRONMENTJune 2024;energy 4 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;1政府关于组织、活动和管理协会的规定n l和政府第33/20 2/NĐ-CP号决定，2012年4月13日发布，对第45/2010/NĐ-CP号决定进行修改和补充12/2012/ND-CP dated April 13, 2012 issued by the GovernmentJune 2024;supplementing some articles of the Prime Minister's Decree on the remuneration system for retired individuals holding leadership positions at associations. promulgates this Circular guiding the functions, tasks, powers and organizational structure of District Health Centers., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Article 9. Establishment and retention of association recordscouncillORS LIST OF ADMINISTRATIVE PROCEDURESNo. 45/2010/NĐ-CP
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Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
根据政府2010年4月21日发布的第45/2010/NĐ-CP号决定，关于组织、活动和管理协会的规定；以及政府2012年4月13日发布的第33/2012/NĐ-CP号决定，对第45/2010/NĐ-CP号决定进行修改和补充；
At the proposal of the Director of the Department of Non-Governmental Organizations;
内务部长发布本通知，规定实施细则，执行政府2010年4月21日发布的第45/2010/NĐ-CP号决定，关于组织、活动和管理协会的规定；以及政府2012年4月13日发布的第33/2012/NĐ-CP号决定，对第45/2010/NĐ-CP号决定进行修改和补充。
第一条 动员委员会成立协会
1. 动员委员会成立协会的申请文件应按照第45/2010/NĐ-CP号决定第6条第4款的规定办理。对于拟任动员委员会负责人（主任）的人选，如果属于有权机关管理范围内的人员，则必须获得有权机关根据干部分级管理制度规定的书面同意。
如有必要，国家主管行业或领域的主要机关可以在审议并作出认可动员委员会成立协会的决定之前征求相关机关的意见。
2. 动员委员会成立协会在以下情况下解散：
a) 根据第33/2012/NĐ-CP号决定第1条第1款的规定自行解散；
b) 根据第45/2010/NĐ-CP号决定第10条第2款的规定，批准成立协会的决定失效。
1. 组织召开任期大会的责任：
a) 全国性或跨省活动的协会向内务部和主要业务部门报告；
b) 省级、县级或乡级活动的协会向省级人民政府（或省级人民政府授权的省民政厅）和主要业务部门报告；
c) 如果县级人民政府主席被省级人民政府授权批准成立协会；分立、合并、更名和批准协会章程，则乡级活动的协会向县级人民政府报告。
2. 召开任期大会的报告文件：
a) 协会领导机构关于召开任期大会的决议；
b) 协会工作总结和未来工作计划草案。包括领导机构、检查机构和财务报告的自我评估报告；
c) 修改和补充章程草案（如有）；
d) 预计的领导机构和检查机构成员名单，其中详细说明协会领导机构和检查机构成员的标准、结构和数量。对于预计担任协会会长的人选，应按照本通知第8条第2款的规定办理；
e) 预计召开大会的时间、地点、邀请代表和正式代表的数量，以及预计的大会议程；
f) 协会会员人数报告，其中包括协会正式会员人数；
g) 属于大会职权范围内的其他事项，根据协会章程和法律规定（如有）。
3. 召开临时大会的报告文件：
a) 协会领导机构关于召开临时大会的决议，其中详细说明大会讨论和决定的内容；
b) 大会讨论和决定内容的草案；
c) 预计召开大会的时间、地点、邀请代表和正式代表的数量，以及预计的大会议程。
4. 自收到完整且合法的报告文件之日起十五日内，根据第45/2010/NĐ-CP号决定第14条规定的有权机关应当以书面形式对召开大会提出意见。如需征求与协会主要业务领域相关的机关的意见，则最迟不超过二十五天内必须以书面形式对召开大会提出意见。
5. 协会在收到有权机关根据第45/2010/NĐ-CP号决定第14条提出的书面意见后方可召开任期大会或临时大会。
1. If, six months from the date the association receives the document requesting it to convene the assembly from the competent state agency as provided for in Clause 3, Article 20 of Decree No. 45/2010/NĐ-CP, the association does not convene the assembly, then the competent state agency specified in Article 14 of Decree No. 45/2010/NĐ-CP shall examine and decide on applying measures based on each specific case:
a) Organizing a meeting of the association’s leadership board to suspend the management of the association by its head and appoint a member of the leadership board to temporarily manage the association's activities to prepare for the assembly until the association convenes the assembly and elects a new leadership board;
b) Organizing a meeting of the association’s leadership board to establish a preparatory committee to prepare for the assembly.
2. Within ninety days from the date the association has been subject to the measures prescribed in Point a or Point b of Clause 1 of this Article, the association must complete the preparation work for the assembly and report to the competent state agency as provided for in Clause 1 and Clause 2 of Article 2 of this Circular; if the association fails to do so, it will be considered for dissolution according to the provisions of Clause 3, Article 29 of Decree No. 45/2010/NĐ-CP.
Article 4. Establishment of legal entities and affiliated organizations within the association
1. When there is a need and sufficient conditions to establish a legal entity within the association operating in fields consistent with the association's charter, and when the law has specifically stipulated the conditions, procedures, steps, documentation, and the competent authority issuing the registration certificate for operation or business license, the association decides to establish the legal entity and reports to the competent state agency specified in Article 14 of Decree No. 45/2010/NĐ-CP. The dossier includes:
a) A copy of the registration certificate for operation or business license issued by the competent state agency (certified true copy);
b) A copy of the certificate of registered seal imprint (certified true copy).
2. If the association establishes a legal entity within the association contrary to the provisions of the law, it shall bear responsibility under the law; the competent state agency specified in Article 14 of Decree No. 45/2010/NĐ-CP has the right to require the association to issue a decision to dissolve the legal entity and propose the competent state agency to recover the seal.
3. Annually, the association must report on the organizational and operational status of the legal entities within the association to the competent state agency specified in Article 14 of Decree No. 45/2010/NĐ-CP.
4. The association may establish branch associations, sub-associations, divisions, groups within the association (collectively referred to as affiliated organizations within the association) according to the provisions of the association's charter approved by the competent state agency specified in Article 14 of Decree No. 45/2010/NĐ-CP. Affiliated organizations established by the association do not have legal personality, seals, or separate accounts.
Article 5. Resolution of disputes and complaints within the association
1. The resolution of disputes, complaints, and disciplinary actions within the association is decided by the association according to the provisions of the association's charter and the law. The association’s leadership board is responsible for specifying the procedures, processes, and authority for resolving internal disputes and complaints in accordance with the association's charter, legal provisions, and reporting to the competent state agency specified in Article 14 of Decree No. 45/2010/NĐ-CP.
2. The association reports the results of dispute resolution, complaint handling, and disciplinary actions to the competent authority specified in Clause 1 of Article 2 of this Circular.
Article 6. Establishing representative offices, changing the location of headquarters, and changing key leadership of associations
1. For associations with nationwide or inter-provincial scope, when establishing representative offices in provinces or centrally-administered cities other than the location of their headquarters, they must submit an application dossier to the People's Committee of the province where the representative office is planned to be established. The application dossier for establishing a representative office shall consist of one set, including:
a) An application for permission to establish a representative office, clearly stating the necessity of establishing such an office (original);
b) Proposed activities of the representative office;
c) Certified copies of valid documents related to the right to use premises and land where the representative office is planned to be established;
d) Certified copies of the decision on establishment and the charter of the association.
2. Within fifteen days from the date of receiving a complete and lawful dossier, the People's Committee of the province shall be responsible for examining and deciding to permit the association to establish a representative office; in case of disagreement, it must provide a written response with clear reasons. After obtaining written approval from the People's Committee of the province regarding the establishment of a representative office, the association shall report in writing to the Ministry of Home Affairs and the state management agency overseeing the industry or field in which the association operates.
3. When changing the address of the headquarters of the association and changing the positions of Chairman, Vice-Chairman, General Secretary, or equivalent positions, the association's leadership must report in writing to the competent state authority as stipulated in Clause 1, Article 2 of this Circular.
Reports on changing the address of the headquarters must clearly state the new address of the headquarters, telephone number, and fax number (if available). Reports on changing the positions of Chairman, Vice-Chairman, General Secretary, or equivalent positions must be accompanied by resolutions and minutes on electing these positions, along with brief biographies and judicial records of the heads of the association.
Article 7. Regulations and policies for personnel working at associations
1. For associations with special characteristics
a) They are entitled to receive operational funds according to the number of staff assigned, and annually have the responsibility to report to the competent authority managing staff allocation on the use of staff according to regulations. Associations with special characteristics may not allocate the assigned staff quota of the association to affiliated legal entities and member associations.
In cases where there are adjustments to tasks according to decisions of the competent authority, associations with special characteristics must prepare a staff adjustment dossier to submit to the state authority managing staff allocation for examination and decision. The staff adjustment dossier includes: A request letter, a staff adjustment plan, determination of job positions suitable to the organizational model and scale of operations, and relevant documents concerning the association's request for staff adjustment.
c) For those hired according to the staff quota assigned by the competent authority, the regulations and policies shall be applied according to the laws on cadres, civil servants, and public officials.
d) For those who have retired according to the law and are elected to hold specialized leadership positions at associations with special characteristics within the staff quota assigned by the competent authority, in addition to retirement benefits, they shall receive remuneration from the state budget according to Decision No. 30/2011/QĐ-TTg dated June 1, 2011 of the Prime Minister on the remuneration system for retirees holding specialized leadership positions at associations. 1. Associations must establish and retain at their headquarters a list of members, branch associations, representative offices, and units under the association, including detailed information such as name, age, occupation, and address of each member; books and vouchers regarding the assets and finances of the association and its representative offices; documents related to the activities of the association; and minutes of meetings of the association’s leadership body.
2. Regulations and policies for personnel working at associations not falling under the provisions of Clause 1 of this Article shall be implemented according to agreements between the association and its personnel, ensuring internal equity within the association and in accordance with the Labor Code and relevant laws.
Article 8. Head of the Association
1. The number of consecutive terms for holding the position of head of the association; age, criteria, nomination and selection procedures for electing the head of the association shall be stipulated in accordance with the law and the regulations of the competent authority by the charter of the association or the leadership board of the association.
2. The management of documents shall be carried out in accordance with the provisions of the law.
Article 10. Changing the Name of the Association
1. The change of the association's name shall be considered and approved by the association's congress.
2. The application for changing the name of the association, as stipulated in Clause 10 of Article 14 of Decree No. 45/2010/ND-CP, shall include:
a) A request letter proposing the change of the association's name, clearly stating the reasons and necessity for the name change;
b) The resolution of the association's congress approving the name change;
c) A draft revised and supplemented charter;
d) In cases where there is a simultaneous change in the leadership body, a record of the election of the new leadership body (with attached list) shall be submitted, for the head of the association, in accordance with Clause 2 of Article 8 of this Circular.
3. Within thirty days from the date of receipt of a complete and lawful application, the competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP shall examine and decide to approve the name change and endorse the revised and supplemented charter of the association. If不同意直接翻译此处的内容，我需要你按照规则进行翻译。请继续翻译剩余部分。看起来之前的翻译中可能有误解或遗漏，请提供完整的、准确的翻译。根据规则，你应该只翻译给出的文字，不添加解释或修改内容。接下来的部分是：
d) In case there is a simultaneous change in the leadership board of the association, attach a record of the election of the leadership board (with a list attached), for the head of the association to be implemented according to the provisions of Clause 2, Article 8 of this Circular.
3. Within thirty days from the date of receiving complete and lawful documents, the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP shall examine and decide to permit the association to change its name and approve the charter (amended and supplemented) of the association; in case of disagreement, a written response with clear reasons must be provided.
Article 11. Responsibilities of State Management Agencies towards Associations
1. The Ministry of Home Affairs assists the Government in uniformly managing state affairs concerning associations, coordinates with ministries, ministerial-level agencies, and provincial People's Committees to manage state affairs concerning associations as stipulated in Article 36 of Decree No. 45/2010/NĐ-CP and is responsible for:
a) Coordinating with relevant agencies in managing the signing and implementation of international agreements by associations in accordance with the law;
b) Seeking written opinions of ministries, ministerial-level agencies managing state affairs in the main fields of operation when permitting establishment; division, separation; merger; consolidation; name change; dissolution; and approval of the charter of associations operating nationwide or across provinces;
c) Awarding associations in accordance with the law.
2. Ministries and ministerial-level agencies manage state affairs concerning associations as stipulated in Article 37 of Decree No. 45/2010/NĐ-CP and are responsible for:
a) Creating conditions for associations to participate in activities within their field of management in accordance with the capabilities and conditions of the associations;
b) Guiding associations to operate in compliance with legal regulations and those of ministries and ministerial-level agencies;
c) Guiding departments and local agencies to manage activities of associations within their respective fields of management;
d) Awarding associations in accordance with the law.
3. People's Committees at all levels are responsible for:
a) Creating conditions for associations to operate effectively, encouraging activities of associations that are linked to the implementation of socio-economic development tasks at the local level;
b) Creating conditions for associations to participate in the socialization of activities related to healthcare, culture, education, science and technology, and sports at the local level; examining and creating conditions for associations to participate in certain public services that they have the capacity and capability to perform in accordance with the law.
c) Awarding associations in accordance with the law.
Article 12. Guidelines for the format of documents
1. List of formats for documents applicable to associations and citizens, Vietnamese organizations (Annex I).
2. List of formats for documents applicable to state management agencies for associations (Annex II).
3. The format and technical presentation of the document templates shall be in accordance with Circular No. 01/2011/TT-BNV dated January 19, 2011, issued by the Ministry of Home Affairs guiding the format and technical presentation of administrative documents.
Article 13. Effective Date
1. This Circular takes effect from June 1, 2013.
2. This Circular replaces Circular No. 11/2010/TT-BNV dated November 26, 2010, issued by the Ministry 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.
1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.
1. The Minister, Heads of Ministries equivalent to Ministries, agencies under the Government, Chairmen of Provincial People's Committees, municipal-level city People's Committees directly under the Central Government, and associations are responsible for organizing the implementation of this Circular.
2. In case of difficulties during implementation, it is recommended that agencies and units report to the Ministry of Home Affairs for study, amendment, and supplementation to ensure appropriateness./.
DEPUTY MINISTER
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