Decree No. 33/2012/ND-CP Amending and supplementing some articles of Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government on organization, operation, and management of associations.

DECREE

AMENDING AND SUPPLEMENTING SOME PROVISIONS OF THE GOVERNMENT DECREE NO. 45/2010/NĐ-CP DATED APRIL 21, 2010 ON THE ORGANIZATION, OPERATIONS, AND MANAGEMENT OF ASSOCIATIONS

Pursuant to Decree No. 102/SL/L004 dated May 20, 1957 promulgating the Law on the Right to Establish Associations;

On the basis of Law on the Organization of the Government dated December 25, 2001;

On the basis of Civil Code dated June 14, 2005;

||| Based on the proposal of the Minister of Home Affairs;

THE GOVERNMENT ISSUES THE DECREE AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. Government Decree No. 45/2010/NĐ-CP dated April 21, 2010 on the organization, operations, and management of associations (hereinafter referred to as Decree No. 45/2010/NĐ-CP),

Article 1. Amending and supplementing some provisions of Decree No. 45/2010/NĐ-CP

1. Point b Clause 6 Article 6 shall be amended and supplemented as follows:

“b) Complete the registration dossier for establishing an association in accordance with Article 7 of Decree No. 45/2010/NĐ-CP. After completing the preparatory work for establishing the association, the establishment promotion board shall submit one set of the dossier to: The Ministry of Home Affairs for associations with nationwide or inter-provincial activities; the Department of Home Affairs for associations with provincial, district, or commune-level activities; the Office of Home Affairs (in cases where the Chairman of the People's Committee at the provincial level delegates authority to the Chairman of the People's Committee at the district level to establish associations with commune-level activities).”

“The establishment promotion board shall dissolve itself when the congress elects the leadership board of the association.”

2. Article 9 shall be amended and supplemented as follows:

“The competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP must issue a receipt upon receiving the registration dossier for establishing an association. Within thirty working days from the date of receiving a complete and lawful dossier, the competent state agency has the responsibility to examine and decide on granting permission to establish the association; if it disagrees, it must provide a written response stating the reasons.”

1. Criteria for evaluating managers who have excellently completed tasks Managers who are evaluated as having excellently completed tasks must meet all of the following criteria:

“1. The competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP shall approve the charter of the association when the charter has been approved by the congress.

2. Within thirty working days from the end of the congress, the leadership board of the association shall submit one set of the report dossier on the results of the congress in accordance with Article 12 of Decree No. 45/2010/NĐ-CP and a request for approval of the charter to the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP.

3. Within thirty working days from the date of receiving a complete and lawful dossier as prescribed in Clause 2 of this Article, the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP shall decide to approve the charter.

If the charter of the association contains contents that are inconsistent with the provisions of the law, the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP may refuse to approve and require and guide the leadership board of the association to amend the charter in compliance with the provisions of the law.

4. The charter of the association shall take effect from the date the competent state agency decides to approve it.”

4. Supplementing Article 25a after Article 25 as follows:

“Article 25a. Procedures and documents for splitting, dividing; merging; consolidating associations

1. The splitting, dividing; merging; consolidating of associations shall be carried out in accordance with the Civil Code, Decree No. 45/2010/NĐ-CP, relevant laws, and the resolution of the congress of the association.

2. Procedures for splitting, dividing; merging; consolidating associations:

a) The association carrying out the splitting, dividing; merging; consolidating shall directly send or send via post one set of documents as prescribed in Clause 3 of this Article to the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP and the state management agency overseeing the field of association activities;

b) Within thirty working days from the date of receiving a complete and lawful dossier, the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP shall examine and decide on granting permission for the splitting, dividing; merging; consolidating of associations;

c) The associations being split, merged, consolidated (except in the case of dividing an association) shall cease to exist and operate after the decision of the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP granting permission for the splitting, merging, consolidating of associations. The rights and obligations of the associations being split, merged, consolidated shall be transferred to the new associations. In the case of dividing an association, the divided association and the newly established association due to the division shall jointly bear responsibility for the rights and obligations of the association before the division.

3. Documents for splitting, dividing; merging; consolidating associations include:

a) A request for splitting, dividing; merging; consolidating associations (original);

b) A plan for splitting, dividing; merging; consolidating associations, which must include a solution for handling assets, finances, labor, functional division, authority, scope of operation, and responsibilities and obligations to be fulfilled (original);

c) The resolution of the congress of the association regarding the splitting, dividing; merging; consolidating associations (original);

d) Draft charter of the new association formed due to splitting, dividing; merging, consolidating associations;

đ) List of the temporary leadership board of the newly established association due to splitting, dividing; merging; consolidating associations. The temporary leadership board is elected by the congress, the number of members is decided by the congress, and the temporary leadership board shall dissolve itself after the congress elects the leadership board of the association;

e) Curriculum vitae and criminal record certificate of the head of the temporary leadership board (original);

g) Certificate confirming the location of the headquarters of the newly formed association due to splitting, dividing; merging; consolidating associations (original).

4. Retrieval of seals

The retrieval of seals for associations being split, merged, consolidated that cease to exist and operate after the decision of the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP shall be carried out in accordance with the regulations on seal management and use and relevant laws.

5. Organizing congresses and approving charters of newly established associations due to splitting, dividing; merging; consolidating associations

a) Within thirty working days from the date of the decision of the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP granting permission for splitting, dividing; merging; consolidating associations, the newly formed associations must organize a congress to approve the contents prescribed in Article 11 of Decree No. 45/2010/NĐ-CP.

b) The newly formed associations due to splitting, dividing; merging; consolidating shall prepare one set of documents in accordance with Article 12 of Decree No. 45/2010/NĐ-CP and submit them to the competent state agency prescribed in Article 14 of Decree No. 45/2010/NĐ-CP for examination and approval of the charter.”

5. Article 27 shall be amended and supplemented as follows:

“Article 27. Responsibilities of the leadership board of the association when the association dissolves itself voluntarily

1. Prepare a voluntary dissolution dossier, including:

a) Application for dissolution of the association (original);

b) Resolution on dissolution of the association (original);

c) Statement of assets and finances (original);

d) Proposed method for handling assets, finances, labor, and payment deadlines for debts (original).

2. Notify debt repayment deadlines (if applicable) to relevant organizations and individuals in accordance with the law for five consecutive issues in central newspapers for associations operating nationwide and across provinces, and five consecutive issues in local newspapers for associations operating within a province.

3. Dispose of assets and finances in accordance with Clause 1 of Article 31 of Decree No. 45/2010/NĐ-CP and related laws.

4. Within thirty working days from the date the association dissolves itself in accordance with Article 26 of Decree No. 45/2010/NĐ-CP, the association shall comply with the provisions of Clause 2 and Clause 3 of this Article and submit a set of documents specified in Clause 1 of this Article to the competent state agency as stipulated in Article 14 of Decree No. 45/2010/NĐ-CP and the state management agency overseeing the field in which the association operates.

Article 2. Abolishing the following provisions:

1. Repeal the provision at Clause 3 of Article 7 of Decree No. 45/2010/NĐ-CP.

2. Repeal the provisions of Article 4 and Article 11 of 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.

Article 3. Effectiveness

This Decree takes effect from June 1, 2012.

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

1. The Minister of Home Affairs shall take the lead and coordinate with relevant ministers to guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees under the Central Government, and related organizations and individuals are responsible for implementing this Decree.