Law on Cooperatives No. 18/2003/QH11

LAW

COOPERATIVE

 

WHEREAS the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the 10th National Assembly, Session 10;

This Law regulates cooperatives.      

 

PART I
GENERAL PROVISIONS

 

Article 1. Cooperative A

A cooperative is an economic organization established by individuals, households, and legal entities (hereinafter referred to as members) who have common needs and interests, voluntarily contributing capital and labor according to this Law to enhance the collective strength of participating members, assist each other in effectively carrying out production and business activities, improve material and spiritual living standards, and contribute to the development of the national economy and society.

Cooperatives operate as a type of enterprise with legal personality, self-management, and self-responsibility for financial obligations within the scope of their charter capital, accumulated capital, and other financial capital as prescribed by law.

 

Article 2. POSITION viregulates

This Law regulates the establishment, organization, and operation of cooperatives in various sectors and fields of the national economy.

 

Article 3. State policy towards cooperatives

1. The State implements the following policies towards cooperatives:

a) Issuing and implementing policies and programs to support cooperative development in training cadres; human resource development; land; finance; credit; establishing a fund to support cooperative development; applying science and technology; marketing and expanding markets; investing in infrastructure development; creating conditions for cooperatives to participate in state economic and social development programs;

b) Encouraging and creating favorable conditions for cooperatives to develop;

c) Ensuring equal legal status and production and business conditions for cooperatives compared to other types of enterprises;

d) Protecting the rights and lawful interests of cooperatives according to as prescribed by law;

đ) Respecting the autonomy, self-determination, and self-responsibility of cooperatives in production and business;

e) Not can interfering in internal management affairs and lawful operations of cooperatives.

2. For agricultural cooperatives, the Government shall specify specific preferential policies suitable for their characteristics and level of development at different periods.

 

Article4. Definitions

In this Law, the following terms are understood as follows:

1. Minimum contribution capital is the amount of money or value of assets, including the value of land use rights, ownership rights to inventions, patents, technical secrets, and other valuable papers that can be converted into money which members are required to contribute when joining a cooperative.

2. Labor contribution is the participation of members in building cooperatives through direct management, production labor, business, consulting, and other forms of participation.

3. Charter capital of a cooperative is the total capital contributed by members and recorded in the Cooperative Charter.

4. Symbol of a cooperative is a unique sign of each cooperative reflecting its distinctive features and distinguishing it from other cooperatives and enterprises.

5. Services of a cooperative to members are activities providing goods and materials in physical or non-physical form that members need and must pay for to the cooperative.

6. Service utilization rate of a cooperative is the ratio of the value of services used by each member of the cooperative to the total value of services provided to all members of the cooperative.

7. Economic commitment between a cooperative and a member is the economic binding between a cooperative and a member.

 

Article5. Principles of organization and operation of cooperatives

Cooperatives organize and operate on the following principles:according to 1. Voluntary: Any individual, household, or legal entity meeting the conditions stipulated in this Law and agreeing to the Cooperative Charter has the right to join a cooperative; members have the right to leave the cooperative according to the provisions of the Cooperative Charter;

2. Democracy, equality, and transparency: Members have the right to participate in management, inspection, and supervision of the cooperative and have equal rights in voting; implementing transparency in production and business direction, finance, distribution, and other issues prescribed in the Cooperative Charter;

3. Self-management, self-responsibility, and mutual benefit: Cooperatives manage themselves and bear responsibility for the results of their production and business activities; they decide on distribution

income.Do đó, để thực hiện nhiệm vụ bán đấu giá đối với các loại tài sản nhà nước trên đây, cơ quan tài chính có thể thành lập Hội đồng bán đấu giá tài sản hoặc thành lập đơn vị sự nghiệp để tổ chức bán đấu giá các loại tài sản nhà nước. Vì thế, việc thành lập đơn vị sự nghiệp thuộc Sở Tài chính để thực hiện các nhiệm vụ có tính chất dịch vụ về quản lý tài sản nhà nước, bao gồm cả việc bán đấu giá tài sản nhà nước là phù hợp với các quy định hiện hành của pháp luật và thuộc thẩm quyền quyết định của Chủ tịch UBND cấp tỉnh. Tuy nhiên, để đảm bảo phù hợp với quy định tại Điều 36 Nghị định số 05/2005/NĐ-CP của Chính phủ, khi lập Đề án thành lập đơn vị sự nghiệp, thì tên gọi của đơn vị sự nghiệp đề nghị không sử dụng cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản". Đối với các địa phương đã thành lập Trung tâm mà trong tên gọi của Trung tâm có sử dụng những cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản", đề nghị Sở Tài chính phối hợp với Sở Nội vụ báo cáo UBND tỉnh, thành phố quyết định thay đổi tên gọi cho phù hợp. After fulfilling tax obligations and covering losses of the cooperative, profits are allocated to cooperative funds, distributed according to members' contributions of capital and labor, and the remainder is distributed to members based on their service utilization rate of the cooperative;

4. Cooperation and community development: Members must be aware of promoting the spirit of building a collective and cooperating with each other within the cooperative and in the broader community; cooperating among domestic and foreign cooperatives as prescribed by law.

Article6.

 

Rights of cooperatives Cooperatives have the following rights:

1. To choose industries and businesses not prohibited by law;

2. To decide on the organizational structure and production and business model of the cooperative;

3. To directly export, import, or engage in joint ventures and associations with organizations and individuals both domestically and internationally to expand production and business activities as prescribed by law;

4. To hire

labor in cases where members fail to meet the production and business requirements of the cooperative as prescribed by law; production 5. To decide on admitting new members, resolving members leaving the cooperative, and excluding members

as prescribed by the Cooperative Charter; according to 6. To decide on income distribution and handling losses of the cooperative;

7. To decide on rewarding members with outstanding achievements in building and developing the cooperative; enforcing discipline against members violating the Cooperative Charter; deciding on members compensating for damages caused to the cooperative;

8. To borrow capital from credit institutions and mobilize other sources of capital; organizing internal credit

9. To be protected under industrial property rights according to as prescribed by law;

as prescribed by law; according to 10. To refuse requests from organizations and individuals contrary to the law;

11. To lodge complaints about actions violating the rights and lawful interests of the cooperative;

12. Other rights

as prescribed by law. according to Article7.

 

Obligations of cooperatives Cooperatives have the following obligations:

1. To produce and trade in the registered industry, profession, and product;

2. To comply with legal regulations on accounting, statistics, and auditing.

2. Comply with the provisions of the law on accounting, statistics, and auditing;

3. Pay taxes and perform other financial obligations. according to 10. To refuse requests from organizations and individuals contrary to the law;

4. Safeguard and develop the cooperative's operating capital; manage and utilize land allocated by the State. according toin accordance with the provisions of the law;

5. Be responsible for financial obligations within the scope vi stipulated by the charter, accumulated capital, and other sources of capital of the cooperative in accordance with the provisions of the law;

6. Protect the environment, ecological balance, scenery, historical and cultural relics, and national defense and security facilities according to in accordance with the provisions of the law;

7. Ensure members' rights and fulfill economic commitments to members;

8. Fulfill obligations directly towards members production for the cooperative and workers hired by the cooperative in accordance with the labor law; encourage and create conditions for workers to become members;

9. Pay mandatory social insurance for individual members and regular workers employed by the cooperative in accordance with the cooperative's charter consistent with the provisions of the social insurance law; organize for non-covered members to participate in voluntary social insurance. The Government shall specify the details regarding social insurance payments for cooperative members;

10. Care for education, training, and capacity building to enhance members' knowledge; provide information to enable all members to actively participate in building the cooperative;

11. Other obligations according tob. Submit to the Governor for the appointment of civil servants to ranks, determination of salaries, and increase in salary grades for civil servants according to the Delegation Regulations.

 

Article 8. Name and Emblem of the Cooperative

The cooperative may choose its own name and emblem in accordance with the law.

The seal, signboard, advertising forms, and transaction documents of the cooperative must bear the "HTX" symbol.

The cooperative's name and emblem (if any) must be registered with the competent state authority and protected. according to b. Submit to the Governor for the appointment of civil servants to ranks, determination of salaries, and increase in salary grades for civil servants according to the Delegation Regulations.

 

Article 9. Political Organizations and Social-Political Organizations in the Cooperative

Political organizations and social-political organizations within the cooperative operate within the framework of the Constitution, laws, and according totheir own charters in accordance with the law.

 

PART II
ESTABLISHMENT AND REGISTRATION OF THE COOPERATIVE

 

Article 10. Founders

1. Founders are individuals, households, or legal entities initiating the establishment of the cooperative and joining it.

2. Founders report in writing to the People's Committee of the commune, ward, or town (hereinafter referred to as the People's Committee of the commune) where the main office of the cooperative is planned to be located about the establishment, location of the main office, production direction, business activities, and operational plans of the cooperative.

3. Founders promote and mobilize other individuals, households, and legal entities with the desire to join the cooperative; build production and business directions; draft the cooperative's charter; and advance other necessary tasks to organize the founding assembly of the cooperative.

 

Article 11. Founding Assembly of the Cooperative

1. The founding assembly of the cooperative is organized by the founders. Participants include founders and individuals, households, and other legal entities wishing to become members.

2. The assembly discusses and agrees on the production and business directions; operational plans of the cooperative; draft of the cooperative's charter; name and emblem (if any) of the cooperative; and establish a member list.

3. The assembly discusses and votes on according to the majority of the following issues:

a) Approval of the member list; at least seven members;

b) Approval of the Charter and Internal Regulations of the cooperative;

c) Decision to establish a combined management and operation body or not;

For cooperatives establishing a combined management and operation body, elect a Management Board and Manager; the cooperative manager concurrently serves as the Chairman of the Management Board; decide on the number of Deputy Managers of the cooperative.

For cooperatives establishing separate management and operation bodies, elect a Management Board and Chairman of the Management Board from among the Management Board members; decide on the election or hiring of the cooperative manager; decide on the number of Deputy Managers of the cooperative;

d) Elect a Supervisory Board and Chairman of the Supervisory Board from among the Supervisory Board members;

e) Approve the minutes of the founding assembly of the cooperative.

 

Article 12. Articles of Cooperation Society

1. Each cooperation society shall have its own Articles. The Articles of the cooperation society must be consistent with the provisions of this Law and other legal regulations.

2. The Articles of the cooperation society shall include the following main contents:

a) The name of the cooperation society, the logo of the cooperation society (if any);

b) The address of the main office of the cooperation society;

c) Industry and business activities;

d) Regulations on the objects, conditions, and procedures for joining and leaving the cooperation society of members;

đ) Regulations on the rights, responsibilities, and obligations of members;

e) Principles and objects of mandatory social insurance contributions;

g) Registered capital of the cooperation society;

h) Minimum contribution: contribution amount, contribution form, contribution period, and conditions for returning member contributions;

i) Authority and methods of raising capital;

k) Principles of remuneration, handling losses; profit distribution according to based on member contributions and the degree of use of cooperative services; establishment, management, and use of cooperative funds;

l) Methods of managing, using, preserving, and disposing of the cooperative's assets ) are determined according to the following formula:,accumulated capital when the cooperation society is operating and when it is dissolved;

m) Management structure of the cooperation society; functions, powers, duties, and responsibilities of the Management Board, Head of the Management Board, Cooperative Manager, Supervisory Board, Head of the Supervisory Board, and other assisting units of the cooperation society;

n) Legal representative of the cooperation society;

o) Procedures for convening the General Assembly and passing decisions of the member assembly;

p) Disciplinary measures vifor violating the Articles of the cooperation society and principles for resolving internal disputes;

q) Procedures for amending the Articles of the cooperation society;

r) Other provisions determined by the member assembly but not contrary to legal regulations.

3. When amending the Articles of the cooperation society, the cooperation society must submit the amended Articles along according to with the minutes of the member assembly to the authority that issued the business registration certificate for the cooperation society.

4. The Government shall issue a model guide for drafting the Articles of agricultural cooperation societies, people's credit funds, and non-agricultural cooperation societies.

 

Article 13. Business Registration Documents

The business registration documents include:

1. Business registration application;

2. Articles of the cooperation society;

3. Number of members, list of the Management Board, and Supervisory Board of the cooperation society;

4. Minutes of the meeting where the cooperation society was established and approved.

 

Article 14. Place of Business Registration

1. The cooperation society registers its business at the provincial or district business registration authority where the cooperation society plans to establish its main office, depending according to on the specific conditions of the cooperation society.

2. The legal representative of the cooperation society will submit the business registration documents to the chosen business registration authority and must bear responsibility for the accuracy and truthfulness of the business registration documents.

 

Article 15. Issuing Business Registration Certificate

1. A cooperation society shall be issued a business registration certificate when it meets the following conditions:

a) Having a valid business registration document according to as prescribed in Article 13 of this Law;

b) Industries and businesses that are not prohibited by law;

c) Name and logo (if any) of the cooperation society as prescribed in Article 8 of this Law;

d) Having registered capital. For cooperation societies engaged in industries and businesses that require statutory capital as prescribed by the Government, the registered capital shall not be less than the statutory capital;

đ) Paying the full business registration fee according to set forth.

2. The issuance, refusal to issue a business registration certificate, and the time when the cooperation society begins operations shall be as follows:

a) Within fifteen days from the date of receiving complete and valid documents, the business registration authority must examine the documents and issue a business registration certificate to the cooperation society; if refused, it must provide a written response;

b) The cooperation society acquires legal personality and the right to operate from the date it receives the business registration certificate; for those industries and businesses that require permits, the cooperation society may engage in such activities from the date it receives the business permit from the competent state authority or meets the business conditions stipulated by law.

3. In case of disagreement with the decision to refuse issuance of the business registration certificate by the business registration authority as provided in Clause 2 of this Article, the legal representative of the cooperation society has the right to appeal to the competent state authority or file a lawsuit with the court as prescribed by law.

 

Article 16. Branches, Representative Offices, and Subordinate Enterprises of the Cooperation Society

1. The cooperation society has the right to open branches and representative offices both domestically and abroad. The procedures and requirements for opening branches and representative offices according to are generally regulated by the Government for all types of enterprises.

2. The cooperation society can establish subordinate enterprises according to Article7.

 

CHAPTER III
MEMBERS

 

Article 17. Conditions for Becoming a Member

1. Vietnamese citizens aged eighteen or older, having full capacity for civil acts, contributing capital and labor, agreeing to the Cooperative Charter, and voluntarily applying to join a cooperative may become members.

Officials and civil servants may participate in cooperatives as members in accordance with the provisions of the Cooperative Charter but shall not directly manage and operate the cooperative. according toThe provisions of the Cooperative Charter

2. Households and legal entities may become members in accordance with the provisions of the Cooperative Charter. according to The provisions of the Cooperative Charter When joining the cooperative, households and legal entities must appoint representatives who meet the conditions required for individual participants.

3. Individuals, households, and legal entities may be members of multiple cooperatives if the Cooperative Charter does not prohibit it.

 

Article 18. Rights of Members

Members have the following rights:

1. Priority in working for the cooperative and receiving remuneration as stipulated in the Cooperative Charter; production13 ||| 2. Receiving profit shares based on contributed capital, labor, and the extent of service usage from the cooperative;

14 ||| 3. Receiving necessary economic and technical information from the cooperative; being organized by the cooperative for training, education, and skill enhancement; according to15 ||| 4. Enjoying cooperative benefits; having the cooperative fulfill economic commitments;

16 ||| 5. Being rewarded for significant contributions to the development of the cooperative;

17 ||| 6. Attending the General Assembly of Members or electing representatives to attend the General Assembly of Members, participating in member meetings to discuss and vote on cooperative matters;

18 ||| 7. Electing and voting for the Management Board, Director, Supervisory Board, and other elected positions within the cooperative;

19 ||| 8. Presenting opinions to the Management Board, Director, and Supervisory Board of the cooperative and requesting responses; requesting the Management Board, Director, and Supervisory Board to convene an extraordinary General Assembly of Members as provided for in Clause 4, Article 21 of this Law;

7. ứ20 ||| 9. Transferring contributed capital and their rights and obligations to others in accordance with the Cooperative Charter;

21 ||| 10. Requesting to leave the cooperative;

22 ||| 11. Being refunded contributed capital and other rights in accordance with the Cooperative Charter and relevant laws in the following cases: according to23 ||| a) Leaving the cooperative;

24 ||| b) Individual members dying, going missing, losing civil capacity, or being restricted in civil capacity; according to23 ||| a) Leaving the cooperative;

25 ||| c) Household members not having a representative meeting the requirements set forth in the Cooperative Charter; according to 26 ||| d) Legal entity members being dissolved, bankrupt, or lacking a representative meeting the requirements set forth in the Cooperative Charter;

27 ||| In the cases specified in points b, c, and d of Clause 11 of this Article, the contributed capital and other rights of members shall be refunded to those entitled to inheritance or guardianship according to the law.

28 ||| Article 19. vi 29 ||| Obligations of Members

30 ||| Members have the following obligations:

31 ||| 1. Adhering to the Cooperative Charter, Internal Regulations, and resolutions of the General Assembly of Members; according to The provisions of the Cooperative Charter

32 ||| 2. Contributing capital as stipulated in the Cooperative Charter; the amount of capital contribution shall not exceed thirty percent of the charter capital of the cooperative;

 

33 ||| 3. Cooperating and uniting among members, enhancing skills, and promoting the development of the cooperative; 34 ||| 4. Fulfilling economic commitments with the cooperative;

35 ||| 5. Within the scope of their capital contribution, jointly bearing responsibility for debts, risks, losses, and deficits of the cooperative;

36 ||| 6. Compensating for damages caused to the cooperative in accordance with the Cooperative Charter.

37 ||| Article 20. according to 38 ||| Termination of Member Status

39 ||| 1. Member status terminates in the following situations:

40 ||| a) Individual members dying, going missing, losing civil capacity, or being restricted in civil capacity; household members not having a representative meeting the requirements set forth in the Cooperative Charter; legal entity members being dissolved, bankrupt, or lacking a representative meeting the requirements set forth in the Cooperative Charter;

41 ||| b) Members having been accepted to leave the cooperative; vi 42 ||| c) Members having transferred all their capital contributions and rights and obligations to others in accordance with the Cooperative Charter;

43 ||| d) Members being expelled by the General Assembly of Members; according to 44 ||| e) Other cases as stipulated in the Cooperative Charter.

 

45 ||| 2. The resolution of rights and obligations towards members in the situations specified in Clause 1 of this Article shall be regulated by the Cooperative Charter. ORGANIZATION AND MANAGEMENT OF COOPERATIVES

47 ||| Article 21.

48 ||| General Assembly of Members

49 ||| 1. The General Assembly of Members has the highest decision-making power of the cooperative. according to 6. To decide on income distribution and handling losses of the cooperative;

50 ||| 2. If there are many members in the cooperative, a General Assembly of Delegates may be organized; the election of delegates to attend the General Assembly of Delegates is regulated by the Cooperative Charter. The General Assembly of Delegates and the General Assembly of All Members (hereinafter referred to as the General Assembly of Members) have the same rights and responsibilities. according to 51 ||| 3. The regular General Assembly of Members is held once a year, convened by the Management Board within three months from the date of the annual financial settlement closure.

52 ||| 4. An extraordinary General Assembly of Members is convened by the Management Board or the Supervisory Board of the cooperative to decide on issues exceeding the authority of the Management Board or the Supervisory Board.

53 ||| In case at least one-third of the total number of members jointly submit a request for convening an extraordinary General Assembly of Members to the Management Board or the Supervisory Board, the Management Board must convene an extraordinary General Assembly of Members within fifteen days from the date of receipt of the request; if the Management Board fails to convene the meeting within this period, the Supervisory Board must convene an extraordinary General Assembly of Members to resolve the issues raised in the request.

54 ||| Article 22.

 

PART IV
55 ||| Content of the General Assembly of Members

 

56 ||| The General Assembly of Members discusses and decides on the following issues: 57 ||| 1. Setting standards for members when joining the cooperative;

58 ||| 2. Reporting on the cooperative's production and business situation for the year, reporting on the activities of the Management Board and the Supervisory Board;

59 ||| 3. Publicly reporting financial statements, planning income distribution and loss handling, and debt management;) are determined according to the following formula: 60 ||| 4. Direction and plans for production and business;

61 ||| 5. Minimum capital; increasing or decreasing charter capital; authority and methods for raising capital;

62 ||| 6. Determining the value of the cooperative's common assets as stipulated in Point 3, Article 35 of this Law;

63 ||| 7. Profit distribution based on contributed capital, labor, and the extent of service usage by members; cooperative funds;

64 ||| 8. Establishing separate management and operational bodies for the cooperative as stipulated in Point c, Clause 3, Article 11 of this Law; 65 ||| 9. Electing and dismissing the Management Board, Head of the Management Board, Supervisory Board, and Head of the Supervisory Board;

66 ||| 10. Approving new member admissions and member departures; deciding on expelling members;

67 ||| 11. Restructuring or dissolving the cooperative;

2. Report on the production and business situation of the cooperative for the year, report on the activities of the Management Board and the Supervisory Board;

3. Publicly report financial statements, anticipated profit distribution, handling of losses, and debts;Do đó, để thực hiện nhiệm vụ bán đấu giá đối với các loại tài sản nhà nước trên đây, cơ quan tài chính có thể thành lập Hội đồng bán đấu giá tài sản hoặc thành lập đơn vị sự nghiệp để tổ chức bán đấu giá các loại tài sản nhà nước. Vì thế, việc thành lập đơn vị sự nghiệp thuộc Sở Tài chính để thực hiện các nhiệm vụ có tính chất dịch vụ về quản lý tài sản nhà nước, bao gồm cả việc bán đấu giá tài sản nhà nước là phù hợp với các quy định hiện hành của pháp luật và thuộc thẩm quyền quyết định của Chủ tịch UBND cấp tỉnh. Tuy nhiên, để đảm bảo phù hợp với quy định tại Điều 36 Nghị định số 05/2005/NĐ-CP của Chính phủ, khi lập Đề án thành lập đơn vị sự nghiệp, thì tên gọi của đơn vị sự nghiệp đề nghị không sử dụng cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản". Đối với các địa phương đã thành lập Trung tâm mà trong tên gọi của Trung tâm có sử dụng những cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản", đề nghị Sở Tài chính phối hợp với Sở Nội vụ báo cáo UBND tỉnh, thành phố quyết định thay đổi tên gọi cho phù hợp. 4. Directions, plans for production and business;

5. Minimum capital; increase or decrease in charter capital; authority and methods for raising capital;

6. Determine the value of the cooperative's common assets in accordance with Clause 3, Article 35 of this Law;

7. Profit distribution to contributed capital, labor contributions, and the extent of service usage by members; cooperative funds;

8. Establish or not establish a separate management and operational apparatus for the cooperative in accordance with Point c, Clause 3, Article 11 of this Law; according to 9. Elect and remove the Management Board, Chairperson of the Management Board, Supervisory Board, and Chairperson of the Supervisory Board;

10. Approve the admission of new members and the departure of members from the cooperative; decide on expelling members;

11. Reorganize or dissolve the cooperative;

b) Appoint and dismiss Deputy Directors of the cooperative at the proposal of the Director of the cooperative;

11. Reorganize, dissolve cooperatives;

12. Amend the Ordinance and Internal Regulations of the Cooperative;

13. The amount of wages, salaries, and bonuses for the Head of the Management Board and other members of the Management Board, the Term Leader and other Deputy Term Leaders of the Cooperative, the Head of the Supervisory Board, other members of the Supervisory Board, and other positions within the Cooperative;

14. The subjects entitled to social insurance contributions by the Cooperative; according to15. The mandatory social insurance policy of the State;

16. Other issues proposed by the Management Board, the Supervisory Board, or at least one-third of the total number of cooperative members;

 

Article 23. Provisions on the number of delegates and voting procedures at the Members' Congress

1. The Members' Congress must have at least two-thirds of the total number of cooperative members or their representatives present; if the required number of members is not met, the Members' Congress must be temporarily postponed, and the Management Board or the Supervisory Board must reconvene it;

2. Decisions to amend the Ordinance, reorganize, or dissolve the Cooperative shall be approved when at least three-quarters of the total number of cooperative members or their representatives present at the Members' Congress vote in favor; Decisions on other issues shall be approved when more than half of the delegates present at the Members' Congress vote in favor;

3. Voting at the Members' Congress and member meetings shall not depend on the amount of capital contribution or position held by the members within the Cooperative; Each member or their representative has only one vote;

Article 24. Notice of Summoning the Members' Congress

At least ten days before the opening of the Members' Congress, the convoking authority must notify each member or their representative of the time, location, and agenda of the Members' Congress; The Members' Congress discusses and decides on issues listed in the agenda and any arising issues when at least one-third of the total number of cooperative members propose them;

 

Article 25. The Management Board of the Cooperative

1. The Management Board of the Cooperative is the management body of the Cooperative directly elected by the Members' Congress, consisting of the Head of the Management Board and other members. The number of Management Board members is stipulated in the Cooperative's Ordinance;

2. The term of office of the Management Board of the Cooperative is stipulated in the Cooperative's Ordinance but must be at least two years and no more than five years;

3. The Management Board of the Cooperative convenes at least once a month, summoned and chaired by the Head of the Management Board or another authorized member. The Management Board convenes extraordinary sessions when at least one-third of its members, the Head of the Management Board, the Head of the Supervisory Board, or the Cooperative Term Leader request; TheTerm Leader of the Cooperative requests; The meeting of the Management Board of the Cooperative is valid when at least two-thirds of its members are present; The Management Board of the Cooperative operates according to based on collective principles and majority decision-making; In case of a tie vote, the vote of the side with the chairperson of the meeting will be decisive;

 

Article 26. Criteria and Conditions for Members of the Management Board of the Cooperative

Members of the Management Board must be cooperative members, having good moral character, possessing the necessary qualifications and management capabilities for the Cooperative;

Members of the Management Board cannot simultaneously be members of the Supervisory Board, Chief Accountant, or Cashier of the Cooperative, nor can they be the parents, spouse, children, siblings, or half-siblings of these individuals; additional criteria and conditions (if any) are stipulated in the Cooperative's Ordinance;

 

Article 27. The Cooperative Establishes a Separate Management and Administrative Body

1. The Management Board has the following rights and duties:

a) Appointing and dismissing Deputy Term Leaders of the Cooperative upon the proposal of the Cooperative Term Leader; according to b) Appointing, dismissing, hiring, or terminating contracts with the Chief Accountant (if the Cooperative has this position);

c) Deciding on the organizational structure of specialized departments of the Cooperative;

d) Organizing the implementation of resolutions of the Members' Congress;

đ) Preparing reports on production plans, business operations, capital mobilization, and profit distribution of the Cooperative, and reporting on the activities of the Management Board to the Members' Congress;

e) Preparing the agenda of the Members' Congress and summoning the Members' Congress;

g) Evaluating the results of production and business operations of the Cooperative; approving financial settlement reports to be presented to the Members' Congress;

h) Organizing the implementation of the Cooperative's rights and obligations as stipulated in Articles 6 and 7 of this Law;

i) Considering new member admissions and resolving matters related to members leaving the Cooperative (except for expulsion cases) and reporting to the Members' Congress for approval;

k) Representing the Cooperative's property rights and those of affiliated enterprises, if the Cooperative has such enterprises;

l) Inspecting and evaluating the work of the Cooperative Term Leader and Deputy Term Leaders according to decisions of the Management Board;

m) Being responsible for their decisions before the Members' Congress and under the law;

n) Other rights and duties stipulated in the Cooperative's Ordinance;

2. The Cooperative Term Leader has the following rights and duties:

a) Representing the Cooperative under the law;

b) Implementing production and business plans and managing daily operations of the Cooperative;

c) Organizing the implementation of decisions of the Management Board of the Cooperative;

d) Appointing, dismissing, and assigning positions within the Management Board of the Cooperative, except for positions within the authority of the Members' Congress and the Management Board of the Cooperative;

đ) Signing contracts on behalf of the Cooperative;

e) Submitting annual financial settlement reports to the Management Board of the Cooperative;

g) Proposing organizational restructuring plans to the Management Board;

h) Hiring staff, except for positions within the authority of the Management Board of the Cooperative; This Circular takes effect from August 1, 2022./. i) Other rights defined in the Cooperative's Ordinance, resolutions of the Members' Congress;

k) Being accountable to the Members' Congress and the Management Board for assigned tasks; productionWhen absent, the Term Leader may delegate authority to a Deputy Term Leader or another Management Board member to manage Cooperative affairs;

Article 28.

The Cooperative Establishes Separate Management and Administrative Bodies

a) Appointing, dismissing, hiring, or terminating contracts with the Cooperative Term Leader pursuant to the resolution of the Members' Congress;

 

b) Appointing and dismissing Deputy Term Leaders of the Cooperative upon the proposal of the Cooperative Term Leader; In addition to the rights and duties mentioned above, the Management Board of the Cooperative also has the rights and duties stipulated in points b, c, d, đ, e, g, h, i, k, l, m, and n of Clause 1 of Article 27 of this Law;

1. The Management Board has the following rights and duties:

2. The Head of the Management Board of the Cooperative has the following rights and duties: according to b) Drafting programs and plans for the activities of the Management Board;

b) Appoint, relieve deputy managers of cooperatives; according to at the proposal of the cooperative manager.

In addition to the rights and duties mentioned above, the Management Board of the cooperative also has other rights and duties stipulated in Points b, c, d, đ, e, g, h, i, k, l, m, and n, Clause 1, Article 27 of this Law;

2. The Chairperson of the Management Board of the cooperative shall have the following rights and duties:

b) Implementing production and business plans and managing daily operations of the Cooperative;

b) Develop programs and plans for the activities of the Management Board;

c) Summon and preside over meetings of the Management Board and the General Assembly of Members;

d) Be responsible before the General Assembly of Members and the Management Board for assigned tasks;

đ) Sign decisions of the General Assembly of Members and the Management Board;

e) Other rights and duties as stipulated in the Cooperative Charter;

3. The Director of the cooperative has the following rights and duties:

a) Implement the production and business operation plan and manage daily activities of the cooperative;

b) Organize the implementation of decisions of the Management Board of the cooperative;

c) Sign contracts on behalf of the cooperative with authorization from the Management Board of the cooperative;

d) Submit annual financial settlement reports to the Management Board of the cooperative;

đ) Propose organizational structure adjustment plans to the Management Board; This Circular takes effect from August 1, 2022./. of the cooperative;

e) Hire productionaccording to the authorization of the Management Board of the cooperative;

g) Other rights as defined in the Cooperative Charter, resolutions of the General Assembly of Members or according to contracts signed with the Management Board of the cooperative.

In their absence, the Director authorizes a Deputy Director to manage the cooperative's affairs.

If the Director of the cooperative is also a member or a member of the Management Board of the cooperative, in addition to fulfilling all the rights and duties of the Director of the cooperative as prescribed in this Article, they must also fulfill the rights and obligations of a member or a member of the Management Board of the cooperative.

If the Director of the cooperative is hired, they must fully perform the rights and duties of the Director of the cooperative as prescribed in this Article and in the contract for hiring the Director of the cooperative. The Director of the cooperative may participate in meetings of the Management Board and the General Assembly of Members but does not have voting rights and does not enjoy other rights of members or members of the Management Board of the cooperative.

 

Article 29. Supervisory Board

1. The Supervisory Board is the oversight body that monitors all activities of the cooperative in accordance with the law and the Cooperative Charter.

2. The Supervisory Board is directly elected by the General Assembly of Members. The number of members of the Supervisory Board is stipulated in the Cooperative Charter; cooperatives with few members may only elect one supervisor.

3. The criteria for members of the Supervisory Board are the same as those for members of the Management Board. Members of the Supervisory Board cannot simultaneously be members of the Management Board, the chief accountant, or the cashier of the cooperative, nor can they be the parents, spouse, children, siblings, or half-siblings of these individuals.

4. The term of office of the Supervisory Board is the same as that of the Management Board.

 

Article 30. Rights and Duties of the Supervisory Board

The Supervisory Board has the following rights and duties:

1. Inspect compliance with the Cooperative Charter, Internal Regulations, and resolutions of the General Assembly of Members;

2. Monitor the activities of the Management Board, the Director of the cooperative, and members according toin accordance with the law and the Cooperative Charter, Internal Regulations;

3. Inspect financial matters, accounting, income distribution, loss handling, fund usage, asset utilization, borrowed funds, and state support;

4. Receive complaints and appeals related to the cooperative's work; resolve them or refer them to competent authorities for resolution; according to 6. To decide on income distribution and handling losses of the cooperative;

5. Attend Management Board meetings;

6. Report inspection results to the Management Board of the cooperative and report to the General Assembly of Members; recommend to the Management Board and the Director of the cooperative to address weaknesses in production and business operations of the cooperative and resolve violations of the Cooperative Charter, Internal Regulations;

7. Request relevant persons within the cooperative to provide documents, ledgers, vouchers, and necessary information to assist in inspection work but shall not use such materials and information for other purposes;

8. Prepare agendas and convene extraordinary General Assemblies of Members when any of the following circumstances occur:

a) When there are acts violating the law, the Cooperative Charter, Internal Regulations, and resolutions of the General Assembly of Members, and the Supervisory Board has requested but the Management Board has not implemented or has not effectively implemented measures to prevent such acts;

b) The Management Board fails to convene an extraordinary General Assembly of Members according toupon the request of members as stipulated in Clause 4 of Article 21 of this Law.

 

CHAPTER V
ASSETS AND FINANCIAL AFFAIRS OF THE COOPERATIVE

 

Article 31. Capital Contributions of Members

1. Upon joining the cooperative, members must contribute capital according to as stipulated in Clause 2 of Article 19 of this Law.

Members may contribute capital in one lump sum at the beginning or in multiple installments; the amount, form, and time of contribution are stipulated in the Cooperative Charter.

The minimum capital contribution level can be adjusted according to based on the decision of the General Assembly of Members.

2. Members are entitled to have their capital contributions refunded in cases as stipulated in Points a, b, d, and đ of Clause 1 of Article 20 of this Law.

Refunding of members' capital contributions is based on the cooperative's financial status at the time of refunding after the cooperative has settled its annual accounts and resolved all economic rights and obligations of members towards the cooperative. The form and time of refunding members' capital contributions are stipulated in the Cooperative Charter.

 

Article 32. Raising Capital

1. The cooperative may borrow from banks and raise capital through other forms as prescribed by law.

2. The cooperative may raise additional capital contributions from members according to based on the decision of the General Assembly of Members.

3. The cooperative may receive and use capital and subsidies from the State, organizations, and individuals both domestically and internationally as agreed by the parties and according to as prescribed by law.

 

Article 33. Working Capital of the Cooperative

The working capital of the cooperative is formed from members' capital contributions, accumulated capital owned by the cooperative, and other lawful sources of capital.

The working capital of the cooperative is managed and used in accordance with this Law, other legal provisions, and the Cooperative Charter.

 

Article 34. Funds of the Cooperative

1. The cooperative must establish a production development fund and a reserve fund according toin accordance with government guidelines; other funds are established as stipulated in the Cooperative Charter and by the General Assembly of Members in accordance with the specific conditions of each cooperative. The specific ratio for establishing these funds is decided by the General Assembly of Members.

2. The purpose, management methods, and use of cooperative funds are stipulated in the Cooperative Charter.

 

Article 35. Assets of the Cooperative

1. Assets owned by the cooperative are formed from the cooperative's working capital.

2. The management and use of cooperative assets are carried out in accordance with the Cooperative Charter and relevant legal provisions.

3. In a cooperative, there is a common asset section, including production service facilities, cultural and social welfare facilities, communal infrastructure serving the community formed from the development fund, welfare fund of the cooperative, state subsidies, gifts, and donations from domestic and foreign organizations and individuals.

 

Article 36. Handling assets and capital of the cooperative when dissolved

1. When dissolving, the cooperative does not distribute capital and assets ) are determined according to the following formula: subsidized by the State to its members but transfers them to local authorities for management.

For the common assets of the cooperative formed from the capital and labor contributions of members, gifts, and donations from domestic and foreign organizations and individuals, they shall be decided upon by the General Assembly of Members.

2. The contributed capital of members based on the value of land use rights and land allocated by the State for the cooperative's use shall be handled according to the laws on land.

3. After settling all debts and expenses related to the dissolution of the cooperative, the handling of remaining assets, capital, and other funds of the cooperative shall be carried out according toas stipulated in this Article, other relevant provisions of the law, and the Cooperative Charter.

 

Article 37. Profit Distribution

1. After fulfilling tax obligations, the cooperative's profits shall be distributed as follows:

a) Reimburse previous year losses (if any) according to as prescribed by tax laws;

b) Establish development production funds, reserve funds, and other funds of the cooperative; distribute profits to members according to based on their capital contributions, labor contributions, and the remainder distributed to members according to their use of cooperative services.

2. Based on production and business results and the need for accumulation to develop the cooperative, the General Assembly of Members decides specifically the annual profit distribution ratio into the items specified in point b, clause 1 of this Article.

 

Article 38. Handling Losses

Losses incurred in the year by the cooperative shall be offset against income from compensation payments from individuals and organizations related to the cooperative; if insufficient, it shall be covered by the reserve fund; if still insufficient, the remaining loss shall be carried forward to the next year according to tax laws.

 

Chapter VI
REORGANIZATION, DISSOLUTION, AND BANKRUPTCY OF COOPERATIVES

 

Article 39. Splitting and Dividing Cooperatives

The General Assembly of Members decides on splitting or dividing a cooperative into two or more cooperatives.

 

Article 40. Procedures for Splitting and Dividing Cooperatives

1. The Management Board of the cooperative planning to split or divide must:

a) Form a Committee to handle the splitting and dividing of the cooperative. The Splitting and Dividing Committee includes the Management Board of the cooperative planning to split or divide and representatives of new cooperatives planned to form from the splitting and dividing cooperative. The Committee has the responsibility to discuss and negotiate to reach consensus on issues related to the splitting and dividing of the cooperative; prepare the application for splitting and dividing the cooperative; establish the management and operation system of the new cooperative;

b) Develop plans for handling assets, capital, funds, organization, personnel, members, and labor (including branches, representative offices, and affiliated enterprises of the cooperative) during the splitting and dividing process; develop production and business directions; draft the new cooperative charter; rights, benefits, responsibilities, and obligations of cooperatives after splitting and dividing;

c) Convene the General Assembly of Members to decide on the issues specified in point b, clause 1; carry out the tasks specified in clauses 2 and 3 of Article 11 of this Law;

d) Notify in writing to creditors, organizations, and individuals with economic relations with the cooperative about the decision to split and divide and resolve related economic issues for them;

e) Submit the registration application of the splitting and dividing cooperative according to this Law to the authority that issued the business registration certificate along with the resolution of the General Assembly of Members regarding the splitting and dividing of the cooperative; the plan to resolve issues related to the splitting and dividing discussed with creditors, organizations, and individuals with economic relations with the cooperative.

2. Within fifteen days from receiving the splitting and dividing application, the business registration authority that issued the business registration certificate shall notify in writing whether it approves or disapproves the splitting and dividing of the cooperative. If disagreeing with the decision not to approve the splitting and dividing, the cooperative has the right to appeal to the competent state agency or file a lawsuit at the court according to as prescribed by law.

The business registration authority issuing the business registration certificate for the cooperative planning to split must Do đó, để thực hiện nhiệm vụ bán đấu giá đối với các loại tài sản nhà nước trên đây, cơ quan tài chính có thể thành lập Hội đồng bán đấu giá tài sản hoặc thành lập đơn vị sự nghiệp để tổ chức bán đấu giá các loại tài sản nhà nước. Vì thế, việc thành lập đơn vị sự nghiệp thuộc Sở Tài chính để thực hiện các nhiệm vụ có tính chất dịch vụ về quản lý tài sản nhà nước, bao gồm cả việc bán đấu giá tài sản nhà nước là phù hợp với các quy định hiện hành của pháp luật và thuộc thẩm quyền quyết định của Chủ tịch UBND cấp tỉnh. Tuy nhiên, để đảm bảo phù hợp với quy định tại Điều 36 Nghị định số 05/2005/NĐ-CP của Chính phủ, khi lập Đề án thành lập đơn vị sự nghiệp, thì tên gọi của đơn vị sự nghiệp đề nghị không sử dụng cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản". Đối với các địa phương đã thành lập Trung tâm mà trong tên gọi của Trung tâm có sử dụng những cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản", đề nghị Sở Tài chính phối hợp với Sở Nội vụ báo cáo UBND tỉnh, thành phố quyết định thay đổi tên gọi cho phù hợp. return the business registration certificate of that cooperative after the split; the cooperative being split must immediately submit its seal to the competent state authority.

3. Cooperatives with branches, representative offices, or affiliated enterprises when splitting or dividing must notify the business registration authority about continuing or ceasing operations of branches, representative offices, and enterprises.

 

Article 41. Merging and Absorbing Cooperatives

1. Two or more cooperatives may merge into a new cooperative by transferring all assets, rights, obligations, and lawful interests to the merged cooperative, while simultaneously ceasing the existence of the merged cooperatives.

One or some cooperatives may be absorbed into another cooperative by transferring all assets, rights, obligations, and lawful interests to the absorbing cooperative, while simultaneously ceasing the existence of the absorbed cooperative.

2. The procedures for merging cooperatives are implemented according to as follows:

a) The Management Boards of the cooperatives to be merged must jointly establish a Merger Committee to propose the name and headquarters of the merged cooperative; merger procedures and conditions; plans for handling assets, capital, debts, members, labor, and pending issues of the merged cooperatives transferred to the merged cooperative; draft production and business plans and the Charter of the merged cooperative;

b) Organize the General Assembly of Members of the merged cooperative to decide on the merger and approve the issues specified in point a, clause 1;

c) Prepare the business registration application of the merged cooperative according toas stipulated in Article 13 of this Law and submit it to the business registration authority;

d) Notify in writing to creditors, organizations, and individuals with economic relations with the cooperative about the merger decision and the method of resolving related economic relationships for them;

đ) Within fifteen days from the date of receiving the consolidated business registration file, the business registration authority must issue a written notification approving or disapproving the consolidation and issuing the business registration for the consolidated cooperative. In case of disagreement with the decision of the business registration authority, the cooperative has the right to appeal to the competent state agency or initiate a lawsuit at the court. according to 10. To refuse requests from organizations and individuals contrary to the law;

e) After registering the business, the consolidated cooperative shall have the rights and lawful interests, and be responsible for the unpaid debts, labor contracts, and other property obligations of the dissolved cooperatives.

3. The procedure for merging cooperatives is implemented. according to as follows:

a) The management boards of the merging and merged cooperatives must jointly establish a Merger Council to plan the procedures and conditions for the merger, the handling plans for assets, capital, debts, members, workers, and pending issues of the merged cooperative; draft production, business plans, and the Charter of the merged cooperative.

b) Organize a General Assembly of Members comprising members of the merging cooperative and members of the merged cooperative to decide on the issues stipulated in point a of this clause.

c) Notify in writing all creditors, organizations, and individuals economically related to the cooperative about the merger decision and the method of resolving economic relations related to them.

d) Submit the application, minutes of the merger, and the Charter of the merged cooperative to the business registration authority to supplement the business registration file of the merged cooperative. Within fifteen days from the date of receiving the merger file, the business registration authority must issue a written notification approving or disapproving the merger. In case of disagreement with the decision of the business registration authority, the cooperative has the right to appeal to the competent state agency or initiate a lawsuit at the court. according to as prescribed by law;

đ) After supplementing the business registration file, the merged cooperative shall have the rights and lawful interests, and be responsible for the unpaid debts, labor contracts, and other property obligations of the dissolved cooperatives.

 

Article 42. Dissolution of Cooperatives

The dissolution of cooperatives is regulated as follows:

1. Voluntary Dissolution:

In the case of voluntary dissolution according to the resolution of the General Assembly of Members, the cooperative must submit an application for dissolution and the resolution of the General Assembly of Members to the business registration authority that issued the business registration certificate to the cooperative, simultaneously publishing in the local newspaper where the cooperative operates for three consecutive issues regarding the request for dissolution and the payment deadline for debts and termination of contracts.

Within thirty days from the expiration of the debt repayment and contract termination period, the business registration authority receiving the application must issue a notification approving or disapproving the dissolution request of the cooperative.

Within thirty days from the date of receiving the notification approving the dissolution request from the business registration authority, the cooperative must handle capital and assets as prescribed in Article 36 of this Law, pay dissolution-related expenses, return capital contributions, and resolve member benefits as prescribed in the Cooperative Charter.

2. Compulsory Dissolution:

The People's Committee issuing the business registration certificate has the right to decide on compulsory dissolution of the cooperative in any of the following cases:

a) After twelve months from the date of issuance of the business registration certificate, if the cooperative does not commence operations.

b) If the cooperative ceases operations for twelve consecutive months.

c) Within eighteen consecutive months, if the cooperative cannot organize regular General Assemblies of Members without justifiable reasons.

d) Other cases. according toin accordance with the provisions of the law;

3. The People's Committee issues a dissolution decision, establishes a Dissolution Council, and appoints its Chairman to organize the dissolution of the cooperative.

The Dissolution Council of the cooperative must publish in the local newspaper where the cooperative operates for three consecutive issues regarding the dissolution decision of the cooperative; announce the procedures, steps, deadlines for debt repayment, contract termination, handling of capital and assets as prescribed in Article 36 of this Law, returning capital contributions, and resolving other member benefits as prescribed in the Cooperative Charter.

The maximum debt repayment and contract termination period is one hundred eighty days from the first publication date.

4. From the date the cooperative receives the dissolution notice, the business registration authority that issued the business registration certificate must revoke the business registration certificate and remove the cooperative's name from the business registration book; the cooperative must immediately surrender its seal to the competent state agency.

5. In case of disagreement with the People's Committee's decision on the dissolution of the cooperative, the cooperative has the right to appeal to the competent state agency or initiate a lawsuit at the court. This Circular takes effect from August 1, 2022./.in accordance with the law.

 

Article 43. Resolution of Bankruptcy Declaration Requests for Cooperatives

The resolution of bankruptcy declaration requests for cooperatives is implemented. according to in accordance with the provisions of the law on bankruptcy.

 

Chapter VII
ASSOCIATION OF COOPERATIVES, COOPERATIVE ALLIANCE

 

Article 44. Association of Cooperatives

1. Cooperatives with needs and willingness may jointly establish an Association of Cooperatives.

An Association of Cooperatives is an economic organization operating under the organizational and operational principles of cooperatives as stipulated in Article 5 of this Law, aiming to enhance the production and business efficiency of member cooperatives, support each other in activities, and meet other needs of participating members.

The Association of Cooperatives establishes a Management Board and a General Director's Office.

The head of the Management Board is the Chairman of the Management Board; the head of the General Director's Office is the General Director or Chief Executive Officer.

The Association of Cooperatives registers its business with the provincial business registration authority.

2. The Association of Cooperatives can choose its own name and emblem in compliance with the law. The seal, signboard, and transaction documents of the Association of Cooperatives must bear the mark "LHHTX."

3. The purpose, functions, tasks, and organizational structure of the Association of Cooperatives are stipulated in the Charter of the Association of Cooperatives approved by the General Assembly of Members.

 

Article 45. Cooperative Alliance

1. The Cooperative Alliance is an economic-social organization established voluntarily by cooperatives and associations of cooperatives. The Cooperative Alliance is organized according to across industries and sectors of the economy.The Cooperative Alliance is established at the central level and in provinces and centrally-administered cities.

2. The cooperative alliance has the following functions:

a) Representing and protecting the legitimate rights and interests of cooperatives and cooperative associations;

b) Promoting and mobilizing the development of cooperatives;

c) Supporting and providing necessary services for the formation and development of cooperatives and cooperative associations; implementing support programs for cooperative development assigned by the Government; training and enhancing cadres of cooperatives in accordance with the Government's regulations;

d) Participating in the formulation of policies and laws on cooperatives;

đ) Representing cooperatives and cooperative associations in relations concerning coordinated activities between members and organizations within and outside the country; according to as prescribed by law.

3. The rights, duties, organizational structure, name, and finance of the cooperative alliance are stipulated in the Charter of the cooperative alliance;

4. The central cooperative alliance charter is recognized by a Decision of the Prime Minister; the provincial and centrally-administered city cooperative alliance charters are recognized by a Decision of the Chairman of the People's Committee of the province or centrally-administered city;

5. The State creates conditions for the central and local cooperative alliances to operate; according to Article7.

6. The Government shall specify the working relationship between the cooperative alliance and authorities at all levels;

Chapter VIII
STATE MANAGEMENT OF COOPERATIVES

 

Testing and inspecting the quality of plant seeds State management of cooperatives

1. The content of state management of cooperatives includes:

a) Issuing, disseminating, and organizing the implementation of legal documents on cooperatives;

b) Formulating and implementing strategies and plans for cooperative development;

c) Organizing business registration, guiding the business registration process for cooperatives and cooperative associations;

d) Organizing vocational training, enhancing the competence of management cadres, and providing essential knowledge for cooperative members;

đ) Implementing inspections and checks on the compliance with laws by cooperatives in accordance with the law;

e) Organizing and directing the implementation of international cooperation on cooperatives;

2. Responsibilities of state management agencies towards cooperatives:

a) The Government uniformly manages cooperatives;

b) Ministries and ministerial-level agencies within theirvi scope of tasks and powers have the responsibility to manage cooperatives;

c) People's Committees at all levels have the responsibility to manage cooperatives within their vi locality in accordance with the law;

d) The Government shall specify the division of labor and decentralization among ministries, ministerial-level agencies, and localities in managing cooperatives;

 

Plant quarantine for plant seeds Duties and powers of People's Committees at all levels towards cooperatives

1. Within the scope of their tasks and powers:

a) Promoting, mobilizing, creating favorable conditions, and supporting the formation and development of cooperatives in their locality;

b) Guiding and encouraging cooperatives to coordinate their activities for the benefit of the people in their locality;

c) Inspecting and auditing the implementation of the Law on Cooperatives and related legal documents;

d) Resolving according to jurisdictional complaints, accusations, disputes, and handling violations of laws on cooperatives;

đ) Implementing other state management contents on cooperatives as prescribed by law;

2. Specialized agencies under People's Committees at all levels, within their vi functions, tasks, and powers assist the People's Committees in managing cooperatives in the assigned fields;

Seed inspection Relationships between state agencies and the Vietnam Fatherland Front, member organizations of the Front, and the roles of these organizations in cooperatives

1. State agencies have the responsibility to coordinate with the Vietnam Fatherland Front and its member organizations in organizing the enforcement of laws on cooperatives;

2. The Vietnam Fatherland Front and its member organizations promote and mobilize the people to participate in building and developing cooperatives; they also participate with state agencies in formulating policies and supervising the enforcement of laws on cooperatives;

 

CHAPTER IX
REWARD AND VIOLATION HANDLING

 

Resolution of disputes over plant seed authorship rights and protection of new plant varieties Awards

Organizations and individuals are entitled to rewards according to as prescribed by law:

1. Cooperative members, cooperatives, cooperative associations, and cooperative alliances that operate effectively and make significant contributions to the economic and social development of their locality;

2. Organizations and individuals who achieve outstanding results in production operations, production, business, and cooperative development;

 

This Ordinance takes effect from July 1, 2004. Handling viviolations

1. Any person violating provisions of this Law and other relevant laws shall be subject to criticism, warning, dismissal, expulsion from the cooperative, administrative fines, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law;

2. Organizations and individuals engaging in fraudulent activities in business registration or using the cooperative name to conduct activities without a business registration certificate or operating outside the registered business scope shall be suspended from operation and handled according to the law;

3. Any person taking advantage of their position or authority to issue business registration certificates contrary to the law or intentionally failing to issue such certificates when an organization meets the conditions to establish a cooperative shall be disciplined, administratively fined, or criminally prosecuted depending on the nature and severity of the violation, as prescribed by law.

 

CHAPTER X
IMPLEMENTING PROVISIONS

 

Implementation guidance Effectiveness

This Law shall take effect from July 1, 2004.

This Law replaces the 1996 Law on Cooperatives.

 

Article 52. The Government shall provide detailed regulations and guidance for implementing this Ordinance.

The Government shall provide detailed regulations and guidance for the implementation of this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the eleventh session, fourth meeting, on November 26, 2003.