Circular No. 04/2008/TT-BKH guiding certain provisions of Government Decree No. 151/2007/NĐ-CP dated October 10, 2007 on the organization and operation of cooperative groups

CIRCULAR

Guidelines for certain provisions of Decree No. 151/2007/NĐ-CP dated October 10, 2007 on the organization and operation of cooperativesof the Government

on cooperatives

________________________________ 

CPursuant to Decree No. 151/2007/NĐ-CP dated October 10, 2007 of the Government on the organization and operation of cooperatives;

Pursuant to Decree No. 61/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Ministry of Planning and Investment issues guidelines for certain provisions of Decree No. 151/2007/NĐ-CP dated October 10, 2007 of the Government on the organization and operation of cooperatives (hereinafter referred to as Decree No. 151/2007/NĐ-CP) as follows.

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Objective

This Circular guides and creates favorable conditions for the establishment and operation of cooperatives to encourage the formation of many cooperatives, contributing to poverty reduction, job creation, and improvement of the living standards of cooperative members.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

The objects subject to this Circular include:

a. Cooperatives as defined in Article 1 of Decree No. 151/2007/NĐ-CP.

b. Organizations with other names such as "linkage groups," "clubs," "support groups," etc., but which have organizational and operational characteristics consistent with the provisions on cooperatives in Article 1 of Decree No. 151/2007/NĐ-CP.

3. Scope of Regulation

This Circular guides certain contents and establishes uniform models for cooperation contracts, procedures for establishing and supporting cooperatives.

II. SPECIFIC PROVISIONS

1. Drafting Cooperation Contracts

Cooperation contracts shall be drafted according to the Model for Drafting Cooperation Contracts issued together with this Circular.

2. Procedures and Formalities for Notarizing Cooperation Contracts

2. 1. Cooperatives shall submit at least two copies of the cooperation contract or amended and supplemented cooperation contract, along with a request for notarization or re-notarization according to Model THT1 issued together with this Circular, to the People's Committee of the commune, ward, town (hereinafter collectively referred to as the People's Committee of the commune level). Model THT1 will be provided free of charge by the People's Committee of the commune level. The People's Committee of the commune level is responsible for receiving the dossier and issuing a receipt to the cooperative.

2. 2. The People's Committee of the commune level shall notarize or re-notarize (sign and stamp) the cooperation contract within five working days from the date of receipt of the contract that complies with the provisions of the Model for Drafting Cooperation Contracts issued together with this Circular. The People's Committee of the commune level shall retain one copy of the contract for management purposes regarding cooperatives.

2. 3. In case the People's Committee of the commune level does not notarize the cooperation contract, it must provide a written response within five working days, stating the reasons for refusal.

2. 4. In case the cooperative operates across communes, the cooperative has the right to choose a place for notarizing the cooperation contract that is convenient for its organization and operation.

3. Changing the Cooperative Leader

In case of changing the cooperative leader, the cooperative must notify the People's Committee of the commune where the cooperative was notarized according to Model THT2 issued together with this Circular.

4. Dissolution of Cooperatives

In case of dissolving a cooperative, within seven working days from the date of cessation of operations, the cooperative must notify the People's Committee of the commune where the cooperative was notarized according to Model THT3 issued together with this Circular.

5. Supporting Cooperatives

5. 1. Supporting new establishment, training, and capacity building for cooperative leaders

5. 1.1. Principles of support:

Cooperatives as defined in Article 1 of Decree No. 151/2007/NĐ-CP shall be supported in new establishment, training, and capacity building for cooperative leaders; priority shall be given to cooperatives with many members, long-term operation, and a high number of poor households, ethnic households, and policy beneficiary households.

5. 1.2. Contents of support:

a. When newly established, cooperatives shall be supported in the following areas:

- Information and advisory knowledge about cooperatives;

- Advisory for organizing the founding meeting of the cooperative;

- Advisory for drafting the activity plan of the cooperative; drafting the content of the cooperation contract; determining the name and emblem (if any) of the cooperative; completing the necessary procedures for establishment; electing the cooperative leader and management board (if necessary).

b. Training and capacity building for cooperative leaders shall be applied similarly to the subjects stipulated in Point a, Clause 1, Article 4 of Decree No. 88/2005/NĐ-CP dated July 11, 2005 of the Government on certain policies to support and encourage the development of cooperatives, and can only be implemented after the cooperation contract of the cooperative has been notarized.

5. 1.3. Procedures and formalities for support:

a. The procedures and formalities for support shall be applied similarly to cooperatives as stipulated in Circular No. 02/2006/TT-BKH dated February 13, 2006 of the Ministry of Planning and Investment guiding the implementation of certain provisions of Decree No. 88/2005/NĐ-CP dated July 11, 2005 of the Government on certain policies to support and encourage the development of cooperatives.

b. Representatives of the cooperative or representatives of those who have the idea of establishing a cooperative requesting support shall submit an application according to Model THT4 issued together with this Circular, which will be provided free of charge by the People's Committee of the commune where the cooperative was notarized.

5. 1.4. Support funding:

a. The Ministry of Finance shall coordinate with the Ministry of Planning and Investment to apply Circular No. 66/2006/TT-BTC dated July 17, 2006 of the Ministry of Finance guiding the implementation of Decree No. 88/2005/NĐ-CP dated July 11, 2005 of the Government on financial systems to support founders of cooperatives preparing to establish, and training and capacity building targets of cooperatives.

b. Provincial People's Committees and municipal people's committees directly under the central government shall allocate funds based on the needs for support and the local budget balance to organize the implementation of support for the establishment of new cooperatives, training, and capacity building for cooperative leaders.

5. 2. Other Supports

5. 2.1. All levels of state administrative agencies and relevant state management agencies shall have the responsibility to provide full and timely information; guide and create favorable conditions for cooperatives to enjoy support policies and participate in the construction and implementation of plans, programs, and projects to support the development of collective economy; economic and social development plans, employment creation, and poverty reduction programs at the local level.

5. 2.2. Encourage organizations and individuals both within and outside the country to support the development of cooperative groups with the objectives of eradicating poverty, reducing poverty, creating jobs, and improving the living conditions of cooperative group members.

III. IMPLEMENTATION

1. Ministries, ministerial-level agencies, and People's Committees of provinces and centrally-run cities shall be responsible for directing and organizing the implementation of this Circular; where necessary, they may provide detailed guidance appropriate to the requirements of their locality or sector.

2. People's Communes shall aggregate the number and operational status of cooperative groups within their jurisdiction according to Model THT5 issued together with this Circular; report semi-annually to the Finance and Planning Department and related specialized management Departments under the People's Committee of districts, urban districts, towns, and centrally-run cities before July 5th and January 5th each year.

3. People's Committees of districts, urban districts, towns, and centrally-run cities shall aggregate the number and operational status of cooperative groups within their jurisdiction according to Model THT5 issued together with this Circular; report semi-annually to the Department of Planning and Investment and related specialized management Departments before July 15th and January 15th each year.

4. People's Committees of provinces and centrally-run cities shall aggregate the number and operational status of cooperative groups within their jurisdiction according to Model THT5 issued together with this Circular; report semi-annually and annually to the Ministry of Planning and Investment and related ministries and sectors before July 25th and January 25th each year, and simultaneously incorporate it into the local socio-economic development plan.

IV. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. Cooperative groups that have been operating prior to the effective date of this Circular shall complete certification or re-certification within twenty-four months from the date this Circular takes effect. During the implementation process, if there are difficulties, timely feedback should be provided to the Ministry of Planning and Investment for study and amendment.

During the implementation process, if there are difficulties, timely feedback should be provided to the Ministry of Planning and Investment for study and amendment./.