Decree No. 102/SL-L004 On the Right to Form Associations

DECREE-LAW NO. 102/SL-L004 DATED MAY 20, 1957

REGULATING THE RIGHT TO FORM ASSOCIATIONS

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

ISSUED THE DECREE-LAW:

NOW PUBLISHES THE LAW ON THE RIGHT TO FORM ASSOCIATIONS AS VOTED BY THE NATIONAL ASSEMBLY IN THE SIXTH SESSION AS FOLLOWS:

LAW

REGULATING THE RIGHT TO FORM ASSOCIATIONS

Article 1.

THE RIGHT OF THE PEOPLE TO FORM ASSOCIATIONS IS RESPECTED AND GUARANTEED. FORMING ASSOCIATIONS MUST HAVE LEGITIMATE PURPOSES, BE CONSISTENT WITH THE INTERESTS OF THE PEOPLE, ENHANCE THE UNITY OF THE PEOPLE, AND CONTRIBUTE TO THE CONSTRUCTION OF THE POPULAR DEMOCRATIC SYSTEM OF OUR COUNTRY.

Article 2.

EVERYONE HAS THE RIGHT TO FORM ASSOCIATIONS, EXCEPT THOSE WHO HAVE LOST THEIR CITIZENSHIP RIGHTS OR ARE CURRENTLY BEING PROSECUTED UNDER THE LAW.

EVERYONE HAS THE FREEDOM TO JOIN LEGALLY ESTABLISHED ASSOCIATIONS AND TO LEAVE THEM.

NO ONE SHALL VIOLATE THE RIGHT TO FORM ASSOCIATIONS AND THE FREEDOM TO JOIN OR LEAVE ASSOCIATIONS OF OTHERS.

Article 3.

TO ENSURE THAT ASSOCIATIONS ARE FORMED FOR LEGITIMATE PURPOSES, TO PROTECT AND STRENGTHEN THE POPULAR DEMOCRATIC SYSTEM, ASSOCIATIONS MUST OBTAIN PERMISSION.

THE RULES FOR FORMING ASSOCIATIONS WILL BE REGULATED BY THE GOVERNMENT.

Article 4.

ASSOCIATIONS THAT WERE ESTABLISHED BEFORE THE EFFECTIVE DATE OF THIS LAW AND OPERATED IN TEMPORARILY OCCUPIED AREAS DURING THE RESISTANCE PERIOD, IF THEY DESIRE TO CONTINUE OPERATING, MUST REAPPLY FOR PERMISSION.

Article 5.

LEGALLY ESTABLISHED ASSOCIATIONS MUST OPERATE IN ACCORDANCE WITH THEIR CHARTER AND CURRENT LAWS, ARE PERMITTED TO COLLECT FEES FROM MEMBERS, PURCHASE AND TRADE NECESSARY ASSETS FOR ASSOCIATION ACTIVITIES, AND BRING SUITS BEFORE COURTS.

THE PERSONS RESPONSIBLE FOR THE ASSOCIATION, DEPENDING ON THE CASE, ARE THE FOUNDERS OR MEMBERS OF THE ASSOCIATION'S EXECUTIVE COMMITTEE.

Article 6.

IF ARTICLES 3, 4, AND 5 ABOVE ARE VIOLATED, DEPENDING ON THE GRAVITY OF THE CASE, RESPONSIBLE PERSONS WILL BE WARNED OR PROSECUTED BEFORE COURT, AND THE ASSOCIATION MAY BE DISSOLVED, AND ITS ASSETS MAY BE CONFISCATED.

IN CASES OF PROSECUTION BEFORE COURT, RESPONSIBLE PERSONS WILL BE FINED FROM TEN THOUSAND DONG (100,000 Đ) TO FIFTY THOUSAND DONG (500,000 Đ) AND SENTENCED TO IMPRISONMENT FROM ONE MONTH TO ONE YEAR, OR ONE OF THESE TWO PENALTIES.

IN CASE AN ASSOCIATION THAT HAS BEEN DISSOLVED CONTINUES TO OPERATE OR REFORMS ILLEGALLY, RESPONSIBLE PERSONS WILL BE PROSECUTED BEFORE COURT AND SENTENCED TO A FINE FROM TWENTY THOUSAND DONG (200,000 Đ) TO ONE MILLION DONG (1,000,000 Đ) AND IMPRISONMENT FROM ONE MONTH TO TWO YEARS, OR ONE OF THESE TWO PENALTIES, THE ASSOCIATION WILL BE DISSOLVED, AND ITS ASSETS WILL BE CONFISCATED.

Article 7.

ANYONE WHO VIOLATES THE RIGHT TO FORM ASSOCIATIONS OR THE FREEDOM TO JOIN OR LEAVE ASSOCIATIONS OF OTHERS MAY BE WARNED OR PROSECUTED BEFORE COURT AND SENTENCED TO IMPRISONMENT FROM ONE MONTH TO ONE YEAR.

Article 8.

ANYONE WHO ABUSES THE RIGHT TO FORM ASSOCIATIONS TO ENGAGE IN ACTIVITIES HARMFUL TO THE NATIONAL INTERESTS, THE INTERESTS OF THE PEOPLE, SUCH AS VIOLATING THE LAW, OPPOSING THE SYSTEM, OPPOSING THE POPULAR DEMOCRATIC GOVERNMENT, DIVIDING THE NATION, HARMING TRADITIONAL CUSTOMS, DESTROYING THE STRUGGLE FOR PEACE, UNIFICATION, INDEPENDENCE, AND DEMOCRACY OF THE COUNTRY, DESTROYING FRIENDSHIP BETWEEN OUR PEOPLE AND THE PEOPLE OF OTHER COUNTRIES, SPREADING WAR PROPAGANDA, WILL BE PROSECUTED BEFORE COURT AND PUNISHED ACCORDING TO CURRENT LAWS, THE ASSOCIATION MAY BE DISSOLVED, AND ITS ASSETS MAY BE CONFISCATED.

Article 9.

DEMOCRATIC ORGANIZATIONS AND PEOPLE'S ORGANIZATIONS THAT PARTICIPATED IN THE NATIONAL UNITY FRONT DURING THE RESISTANCE PERIOD, ACKNOWLEDGED BY THE NATIONAL ASSEMBLY AND THE GOVERNMENT, ARE NOT COVERED BY THE SCOPE OF THIS LAW.

Article 10.

ASSOCIATIONS WITH ECONOMIC OBJECTIVES ARE NOT COVERED BY THE SCOPE OF THIS LAW.

Article 11.

ALL LAWS CONTRARY TO THIS LAW ARE ABROGATED.

Article 12.

THE GOVERNMENT REGULATES THE IMPLEMENTATION DETAILS OF THIS LAW.