DECREE

Provisions on organization, operation, and management of associations

______________________ 

THE GOVERNMENT

Based on Decree No. 102/SL/L004 dated May 20, 1957 promulgating the Law stipulating the right to establish associations;

Based on the Civil Code dated June 14, 2005;

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Minister of Home Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree provides for the organization, operation, and state management of associations.

2. This Decree does not apply to the following organizations:

a) The Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Communist Youth Union of Ho Chi Minh, the Vietnam Farmers' Association, the Vietnam Veterans' Association, the Vietnam Women's Union;

b) Religious organizations.

Article 2. Associations

1. The associations referred to in this Decree shall be understood as voluntary organizations of Vietnamese citizens and organizations with the same profession, interest, gender, sharing common objectives to gather, unite members, operate regularly, without profit-making purposes, aiming to protect their legitimate rights and interests, of the association, members, and community; support each other to operate effectively, contributing to the country's economic and social development, organized and operated according to this Decree and other relevant legal documents.

2. Associations may have different names: association, federation, general association, union, chamber, club with legal personality, and other names as prescribed by law (hereinafter referred to collectively as association).

3. The scope of operation of associations (by territory) includes:

a) Associations operating nationwide or across provinces;

b) Associations operating within a province, centrally governed city (hereinafter referred to collectively as province);

c) Associations operating within a district, town, city under provincial administration (hereinafter referred to collectively as district);

d) Associations operating within a commune, ward, town (hereinafter referred to collectively as commune).

Article 3. Principles of organization and operation of associations

The organization and operation of associations shall be carried out in accordance with the following principles:

1. Voluntary; self-management;

2. Democracy, equality, transparency, and openness;

3. Self-funding for operational expenses;

4. Not for profit-making purposes;

5. Compliance with the Constitution, laws, and the charter of the association.

Article 4. Name, emblem, headquarters, seal, and bank account of associations

1. The name of the association shall be written in Vietnamese, and may be transliterated or translated into ethnic minority languages, foreign languages; the name and emblem of the association shall not overlap or cause confusion with those of other legally established associations; they shall not violate social ethics, customs, and national cultural traditions.

2. An association with legal personality shall have a headquarters, seal, bank account, and may have its own emblem. The main headquarters of the association shall be located in Vietnam.

Chapter II

CONDITIONS AND PROCEDURES FOR ESTABLISHING ASSOCIATIONS

Article 5. Conditions establishment association

1. Have an activity purpose that does not contravene the law; the name and primary field of activity shall not overlap with those of other legally established associations in the same territorial area.

2. Have a charter.

3. Have a headquarters.

4. Have a number of citizens, Vietnamese organizations registered to participate in establishing the association:

a) Nationwide or inter-provincial associations shall have at least one hundred citizens and organizations from multiple provinces who meet the conditions, voluntarily, and submit applications to join in establishing the association;

b) Provincial associations shall have at least fifty citizens and organizations within the province who meet the conditions, voluntarily, and submit applications to join in establishing the association;

c) District associations shall have at least twenty citizens and organizations within the district who meet the conditions, voluntarily, and submit applications to join in establishing the association;

d) Commune associations shall have at least ten citizens and organizations within the commune who meet the conditions, voluntarily, and submit applications to join in establishing the association;

đ) Economic chambers representing Vietnamese economic organizations with legal personality shall have at least eleven representatives from multiple provinces for nationwide operations; economic chambers operating within a province shall have at least five representatives from the same industry or field of activity within the province who meet the conditions, voluntarily, and submit applications to join in establishing the chamber.

For professional associations with specialized characteristics, the number of citizens and organizations voluntarily registering to establish the association shall be determined by the competent state agency as specified in Article 14 of this Decree for each specific case.

Article 6. Promotion Committee for Establishing Associations

1. Those wishing to establish an association must form a promotion committee for establishing the association. The promotion committee for establishing the association shall be recognized by the state management agency responsible for the main industry or field in which the association intends to operate.

2. The head of the promotion committee for establishing the association shall be a Vietnamese citizen residing permanently in Vietnam, having full civil capacity, good health, and reputation in the field in which the association intends to operate. 

3. The number of members in the promotion committee for establishing the association shall be as follows:

a) Nationwide or inter-provincial associations shall have at least ten members;

b) Provincial associations shall have at least five members;

c) District or commune associations shall have at least three members;

d) Economic chambers operating nationwide shall have at least five representatives from economic organizations; for economic chambers operating within a province, there shall be at least three representatives from economic organizations within the province.

4. The application for recognition of the promotion committee for establishing the association shall be prepared in two copies, including the following documents:

a) Application for recognition of the promotion committee for establishing the association, stating clearly the name of the association, the purpose and objectives of the association, the field in which the association intends to operate, the scope of operation, the planned preparatory period for establishing the association, and the temporary meeting place;

b) List and brief resumes of the individuals expected to be members of the promotion committee for establishing the association: name; date of birth; place of residence; educational level; professional qualifications.

5. Recognition of the promotion committee for establishing the association:

a) The Ministry or agency equivalent to a ministry managing the main industry or field in which the association intends to operate shall decide to recognize the promotion committee for establishing nationwide or inter-provincial associations;

b) The provincial department managing the main industry or field in which the association intends to operate shall decide to recognize the promotion committee for establishing provincial associations;

c) The People's Committee of a district, town, city under provincial administration (hereinafter referred to collectively as district-level People's Committee) shall decide to recognize the promotion committee for establishing district or commune associations.

In the case where the Chairman of the People's Committee of the district is authorized by the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the People's Committee of the province) to permit the establishment; division, separation; merger; consolidation; dissolution; name change and approval of the charter for associations with activities within the commune, then the specialized department under the People's Committee of the district shall decide to recognize the formation committee for establishing associations with activities within the commune;

d) Within thirty days from the date of receiving complete and lawful files, the competent state agency prescribed in points a, b and c of Clause 5         shall be responsible for examining and deciding to recognize the formation committee for establishing associations; in cases of disagreement, they must provide a written response stating the reasons.

6. Duties of the formation committee for establishing associations after being recognized:

a) Mobilizing citizens and organizations to register to join the association;

b) Completing the application file for establishing the association in accordance with Article 7 of this Decree. After completing the preparatory work for establishing the association, the formation committee for establishing the association shall prepare two sets of files to send to: The Ministry of Home Affairs for associations with nationwide or inter-provincial activities; the Department of Home Affairs for associations with activities within the province, district, or commune; the Home Affairs Office (in cases where the Chairman of the People's Committee of the province authorizes the Chairman of the People's Committee of the district to establish associations with activities within the commune).

The formation committee for establishing associations shall dissolve itself when a congress elects the leadership board of into society.

, Clause 1, Clause 2 Article 7a of this Regulation.. Application File for Establishing Associations

1. Application for permission to establish an association.

2. Draft charter.

3. Proposed direction of activities.

4. List of members of the formation committee for establishing associations recognized by the competent state agency.

5. Criminal record of the head of the formation committee for establishing associations.

6. Confirmation document of the proposed location of the association's headquarters.

7. Inventory of assets contributed voluntarily by the founders (if any).

Article 8. Main Content of the Association Charter

1. Name of the association.

2. Purpose, objectives, field, and scope of activities of the association.

3. Tasks and powers of the association.

4. Principles of organization and operation of the association.

5. Procedures for joining and leaving the association, authority to admit and expel members.

6. Member standards.

7. Rights and obligations of members.

8. Structure, organization, procedures for election and removal; tasks and powers of the leadership board, inspection board, other leadership positions of the association; principles and forms of voting.

9. Assets, finances, and methods of managing assets and finances of the association.

10. Conditions for dissolution and settlement of assets and finances.

11. Awards, disciplinary actions; complaints and resolution of internal complaints.

12. Procedures for amending and supplementing the charter.

13. Effective date.

Article 9. Responsibilities of the competent state agency for permitting the establishment of associations upon receipt of the application file for establishing associations

The competent state agency prescribed in Article 14 of this Decree, upon receipt of the application file for establishing associations, must issue a receipt. Within sixty days from the date of receiving complete and lawful files, the competent state agency shall be responsible for examining and deciding to permit the establishment of associations; in cases of disagreement, they must provide a written response stating the reasons.

Article 10. Time for convening the founding assembly of the association

1. Within ninety days from the date the decision allowing the establishment of the association becomes effective, the founding movement must organize the founding assembly.

2. If the founding assembly is not organized within the above period, then within fifteen days from the expiration of the time limit for organizing the founding assembly as stipulated in Clause 1 of this Article, the founding movement shall send a written request to the state agency that decided to allow the establishment of the association requesting an extension. The extension period shall not exceed thirty days; if the founding assembly is not organized within the extended period, the decision allowing the establishment of the association shall become ineffective.

Article 11. Main contents of the founding assembly of the association

1. Announce the decision allowing the establishment of the association.

2. Discuss and vote on the charter.

3. Elect the leadership board and the inspection board.

4. Approve the activity program of the association.

5. Approve the resolution of the founding assembly.

Article 12. Report on the results of the founding assembly

Within thirty days from the date of the founding assembly, the association's leadership board shall submit the founding assembly documents to the state agency that decided to allow the establishment of the association, including:

1. The charter and minutes of the approval of the association's charter;

2. Minutes of the election of the leadership board and the inspection board (with attached list) and the curriculum vitae of the head of the association;

3. The activity program of the association;

4. The resolution of the founding assembly.

Article 13. Approval of the association's charter and effectiveness of the charter

1. The competent state agency prescribed in Article 14 of this Decree decides to approve the association's charter when the charter has been approved at the founding assembly. In case the provisions of the charter conflict with the law, the competent state agency will refuse to approve and require the association to amend.

2. The association's charter takes effect from the date the competent state agency decides to approve it.

Article 14. Competent state agency allowing establishment; division, separation; merger; consolidation; dissolution, name change and approval of the charter

1. The Minister of Home Affairs allows establishment; division, separation; merger; consolidation; dissolution; name change and approval of the charter for associations with nationwide or inter-provincial scope, except where otherwise provided by law or ordinance.

2. Chairman of the Provincial People's Committee. allows establishment; division, separation; merger; consolidation; dissolution; name change and approval of the charter for associations with provincial scope. Based on the actual situation in the locality, the Chairman of the Provincial People's Committee may delegate the Chairman of the District People's Committee to allow establishment; division, separation; merger; consolidation; dissolution; name change and approval of the charter for associations with village-level scope.

CPart III

MEMBERS

Article 15. Members of the association

Association members of the association include regular members, affiliated members and honorary members.

Article 16. Regular members

1. Vietnamese citizens, organizations who agree with the association's charter, voluntarily join the association, and meet the membership criteria specified in the association's charter may becomeregular members of the association.

2. The authority and procedures for admitting members are stipulated in the association's charter.

Article 17. Affiliated members and honorary members

1. Joint ventures and wholly foreign-owned enterprises operating in Vietnam, which contribute to the development of the association, and agree with the association's charter, may be considered and recognized as affiliated members by economic organizations.

2. Vietnamese citizens, organizations who do not have the conditions or do not meet the criteria to become regular members of the association, but agree with the association's charter, voluntarily apply to join the association, may be recognized as affiliated members or honorary members by the association.

3. Affiliated members and honorary members enjoy rights and obligations similar to those of regular members of the association, except for the right to vote on association matters and they cannot be elected or nominated for positions in the leadership board or inspection board of the association.

4. Procedures for admitting, rights, and obligations of affiliated members and honorary members are stipulated in the association's charter.

Article 18. Rights and obligations of members

Rights and obligations of members are stipulated in the association's charter.

Chapter IV

ORGANIZATION, ACTIVITIES,

RIGHTS AND OBLIGATIONS OF THE ASSOCIATION

Article 19. Organizational structure of the association

The organizational structure of the association includes:

1. Founding assembly;

2. Leadership board;

3. Inspection board;

4. Other organizations as stipulated in the association's charter.

Article 20. Regular General Meetings and Extraordinary General Meetings

1. The highest leading body of the association is the regular general meeting or extraordinary general meeting. 2. The regular general meeting or extraordinary general meeting may be held in the form of a full assembly or a representative assembly. A full assembly or representative assembly can only be organized when more than half (one-half) of the official members or more than half (one-half) of the present official representatives are present.

3. The term of the regular general meeting is determined by the association's charter but shall not exceed five years from the date the previous regular general meeting ended. Within twelve months from the end of the term of the regular general meeting, if the association does not convene a general meeting, then the competent state agency specified in Article 14 of this Decree shall issue a document requesting the association to organize a general meeting. Within six months from receiving the document requesting the organization of a general meeting, if the association leadership does not convene a general meeting, the competent state agency specified in Article 14 of this Decree shall examine and decide on handling the situation. 4. An extraordinary general meeting may be convened when at least two-thirds (two-thirds) of the total number of board members or at least one-half (one-half) of the total number of official members propose it. Main contents decided at the general meeting: 4. An extraordinary general meeting may be convened when at least two-thirds (two-thirds) of the total number of board members or at least one-half (one-half) of the total number of official members propose it. 1. The direction of the association's activities.

2. Electing the board of directors and the inspection board.

3. Changing the name of the association, amending and supplementing the charter (if applicable).

4. Joining a federation of associations in the same field of activity.

Article 21. 5. Dividing, splitting, merging, or dissolving the association. đ6. The financial affairs of the association.

7. Other issues as stipulated in the association's charter.

Principles of voting at the general meeting:

1. The general meeting may vote by raising hands or secret ballot. The method of voting is decided by the general meeting.

2. Voting to pass decisions of the general meeting must be approved by more than half (one-half) of the present official representatives.

Rights of the association:

1. Organizing and operating according to the approved charter of the association.

2. Propagating the purpose of the association.

Article 22. 3. Representing members in internal and external relations related to the functions and tasks of the association. đ6. The financial affairs of the association.

4. Protecting the rights and legitimate interests of the association and its members in accordance with the objectives and purposes of the association.

5. Organizing and coordinating activities among members for the common benefit of the association; mediating disputes within the association. 6. Disseminating and training knowledge for members; providing necessary information to members in accordance with the law.

Article 23. 7. Participating in programs, projects, research topics, consulting, and social appraisal and evaluation as requested by state agencies; providing public services on issues within the scope of the association's activities, organizing vocational training and skill transmission in accordance with the law.

8. Establishing legal entities under the association in accordance with the law.

9. Providing opinions on legal normative documents related to the content of the association's activities in accordance with the law. Making recommendations to competent state agencies regarding issues related to the development of the association and the field of its activities.

Being able to organize training, upgrading, and other service activities in accordance with the law and obtaining professional practice certificates when meeting the conditions stipulated by the law.

10. Cooperating with relevant agencies and organizations to fulfill the association's tasks. Article 2. General provisions on economic and technical standards 11. Raising funds for the association based on membership fees and income from business and service activities in accordance with the law to cover operational expenses.

12. Receiving lawful financial support from domestic and foreign organizations and individuals in accordance with the law. Being supported by the state for funding related to tasks assigned by the state.

13. Central associations with nationwide operations may join corresponding international organizations and sign, implement international agreements in accordance with the law and report to the state management agency in charge of the industry or field of the association's activities, and the agency that approved the establishment of the association regarding joining international organizations and signing, implementing international agreements.

Obligations of the association:

1. Adhering to laws and regulations related to the organization and operation of the association and its charter. Not to abuse the association's activities to harm national security, social order, morality, customs, traditions, and the legitimate rights and interests of individuals and organizations.

2. Associations operating in a particular field must be subject to state management by the state management agency in charge of that industry or field. 3. Thirty days before organizing a regular general meeting, the association's leadership must submit a written report to the competent state agency specified in Article 14 of this Decree and the state management agency in charge of the industry or field of the association's activities.

4. When establishing a representative office in another locality, permission from the People's Committee of the province where the office is located must be sought, and a written report must be submitted to the competent state agency specified in Article 14 of this Decree.

5. When changing the Chairman, Vice-Chairman, Secretary-General of the association, changing the headquarters, amending, or supplementing the charter, the association must report to the competent state agency specified in Article 14 of this Decree.

6. Establishing legal entities under the association must comply with the law and report to the competent state agency specified in Article 14 of this Decree.

7. Annually, the association must report on the organizational and operational status of the association to the competent state agency specified in Article 14 of this Decree and the state management agency in charge of the industry or field of the association's activities, no later than December 1st each year. 8. Adhering to guidance, inspection, and audit by competent state agencies in compliance with the law.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". 9. Maintaining and keeping at the association's headquarters a list of members, branch associations, representative offices, and subordinate units, books, and vouchers on the association's assets and finances, and minutes of meetings of the association's leadership.

10. Funds obtained in accordance with Clause 11 and Clause 12 of Article 23 of this Decree must be allocated for the association's activities as stipulated in the association's charter and shall not be distributed to members.

11. The use of association funds must comply with the law. Annually, the association must submit a final financial report in accordance with the State's regulations to the finance authority at the same level.

3. Thirty days prior to convening the term assembly, the association's leadership must submit a report in writing to the competent state agency as stipulated in Article 14 of this Decree and the management agency of the sector or field in which the association operates.

4. Establishing a representative office of the association in another locality requires permission from the People's Committee of the province where the representative office is located and a written report to the competent state agency as stipulated in Article 14 of this Decree.

5. When changing the Chairman, Vice-Chairman, General Secretary of the association, relocating the headquarters, amending, or supplementing the charter, the association must report to the competent state agency as stipulated in Article 14 of this Decree.

6. Establishing legal entities under the association must comply with the provisions of the law and report to the competent state agency as stipulated in Article 14 of this Decree.

7. Annually, the association must report on its organizational and operational status to the competent state agency as stipulated in Article 14 of this Decree and the national management agency of the sector or field in which the association operates, no later than December 1st each year.

8. Comply with guidance, inspection, and audit by state agencies with competent authority regarding compliance with the law.

9. Maintain and keep at the association's headquarters a list of members, branch associations, representative offices, and subordinate units of the association, books and vouchers related to the association's assets and finances, and minutes of meetings of the association's leadership board.

10. Revenue obtained according to Clause 11 and Clause 12 of Article 23 of this Decree must be allocated for the association's activities as prescribed in the association's charter and may not be distributed to members.

11. The use of association funds must comply with the provisions of the law. Annually, the association must submit a financial settlement report as required by the State  to the finance agency at the same level. and the state agency with the authority stipulated in Article 14 of this Decree regarding the acceptance and use of foreign individual and organization funding.

 12. Develop and promulgate ethical rules for the operation of associations.

Chapter V

DIVISION; MERGER;

CONSOLIDATION; DISSOLUTION  AND RENAMING OF ASSOCIATIONS

Article 25. Division, separation; merger; consolidation; dissolution and renaming of associations

1. Depending on the requirements and operational capacity of the association, the association's leadership proposes to the state agency with the authority stipulated in Article 14 of this Decree to permit division, separation; merger; consolidation; dissolution and renaming of associations. The division, separation; merger; consolidation; dissolution and renaming of associations shall be carried out in accordance with the provisions of the law. The association dissolves in the following cases:

2. The association dissolves in the following cases:

a) Voluntary dissolution;

b) By decision of the state agency with the authority stipulated in Article 14 of this Decree to dissolve the association.

Article 26. Voluntary dissolution of the association

The association voluntarily dissolves in the following cases:

1. Expiration of the term of operation;

2. At the request of more than half (one-half) of the total number of regular members;

3. Completion of objectives. Responsibilities of the association's leadership when the association voluntarily dissolves

Article 27. 1. Submit to the state agency with the authority stipulated in Article 14 of this Decree the following documents:

a) Application for dissolution of the association;

b) Resolution on dissolution of the association;

c) List of assets and finances;

d) Proposed method of asset and finance disposal and payment deadline for debts.

2. Announce the debt repayment period (if any) to relevant organizations and individuals according to the law for five consecutive issues in central newspapers for associations operating nationwide and across provinces; five consecutive issues in local newspapers for associations operating within a province.

Decision on Dissolution of the Association

Article 28. The state agency with the authority stipulated in Article 14 of this Decree decides to dissolve the association fifteen days after the expiration of the debt repayment and liquidation period of assets and finances announced by the association when requesting dissolution, provided there are no complaints.

The association ceases operations from the date the state agency's dissolution decision becomes effective.

Dissolved Association

Article 29. The association is dissolved by decision of the state agency with the authority stipulated in Article 14 of this Decree in the following cases:

1. The association does not operate continuously for twelve months;

2. When the general assembly passes a resolution for voluntary dissolution but the association's leadership fails to comply;

3. The association's activities seriously violate the law. Responsibilities of the state agency with the authority when the association is dissolved

When the association is dissolved, the state agency with the authority stipulated in Article 14

Article 30.. of this Decree:

1. Issues a decision to dissolve the association; 2. Announces the decision to dissolve the association in three consecutive issues in central newspapers for associations operating nationwide and across provinces; three consecutive issues in local newspapers for associations operating within a province.

Settlement of assets and finances when the association is dissolved; consolidated; merged; divided

1. When the association is voluntarily dissolved or dissolved, its assets are settled as follows:

Article 31. a) Assets and finances funded by domestic and foreign organizations; assets and finances supported by the State that the association has fulfilled its property obligations and paid off all debts will be decided upon by the state agency with the authority;

b) For self-owned assets and finances of the association, if the association has fulfilled its property obligations and paid off all debts after dissolution, the remaining assets and financial surplus will be decided upon by the association in accordance with the association's charter.

2. Settlement of assets and finances of the association when it consolidates

a) After consolidation, the old associations cease to exist, the new association enjoys legitimate rights and interests, and assumes responsibility for unpaid debts and service contracts of the old associations;

b) The assets and finances of the consolidated associations are transferred entirely to the new association without being divided or transferred.:

3. Settlement of assets and finances of the association when it merges:

a) When the association is merged into another association, the assets and finances of the merged association are transferred to the merging association;

b) The merging association enjoys legitimate rights and interests regarding existing assets and finances, and assumes responsibility for unpaid debts and service contracts of the merged association.

Settlement of assets and finances of the association when it divides or separates:

a) After division, the divided association ceases operations, property and financial rights and obligations are transferred to the new association according to the division decision;

4. b) After separation, each association exercises its property and financial rights and fulfills its obligations in accordance with its operational objectives.

Right to appeal

If the association disagrees with the dissolution decision, it has the right to appeal according to the law. During the appeal process, the association may not operate.

Article 32. SOME PROVISIONS APPLICABLE TO ASSOCIATIONS WITH SPECIAL CHARACTERISTICS

In case the association is dissolved and disagrees with the dissolution decision, it has the right to appeal in accordance with the law. During the time awaiting resolution of the appeal, the association shall not operate.

Chapter VI

CERTAIN PROVISIONS APPLICABLE TO ASSOCIATIONS WITH SPECIAL CHARACTERISTICS

Article 33. Special Character Associations

Special Character Associations shall be regulated by the Prime Minister, implementing the general provisions of this Decree and the provisions of this Article, Article 34, and Article 35 of this Decree. the general provisions of this Decree and the provisions of this Article, Article 34, and Article 35 of this Decree.

Article 34. Rights and Obligations of Special Character Associations

1. Rights of Special Character Associations:

a) Participate with Ministries and equivalent agencies in developing mechanisms and policies directly related to the functions, tasks, and authorities within the field of operation of the association;

b) Carry out certain state management activities and public services within the field of operation of the association in accordance with the law;

c) Provide consultation, criticism, and social appraisal on policies, programs, topics, and projects requested by state agencies regarding issues within the field of operation of the association as prescribed by the Prime Minister.

2. Obligations of Special Character Associations:

a) Collect and study opinions and recommendations from member associations and members according to the functions, tasks, and authorities of the association to participate in national economic, cultural, and social development programs;

b) Gather leading experts and excellent specialists from member associations and related organizations to perform assigned tasks, provide consultation, criticism, and social appraisal;

c) Participate in drafting normative legal documents related to the field of operation of the association as prescribed by law.

Article 35. State Policies for Special Character Associations associations with special characteristics

1. Special Character Associations are provided with operational funding based on the number of staff assigned; ensure funding to fulfill state-assigned tasks and support material infrastructure and operational means; encouraged and facilitated to participate in certain state management activities and public services;  provide consultation, criticism, and social appraisal; implement programs, topics, and projects.

2. The provision of operational funding based on the number of staff assigned; ensuring funding to fulfill state-assigned tasks and supporting material infrastructure and operational means; providing consultation, criticism, and social appraisal is decided by the Prime Minister.

3. The Ministry of Home Affairs, the Ministry of Finance, Ministries, equivalent agencies, and provincial People's Committees within their respective functions and tasks have the responsibility to stipulate, guide, and create conditions for providing operational funding based on the number of staff assigned, supporting operational funding linked to state tasks, and supporting material infrastructure and operational means; issue mechanisms and policies for Special Character Associations to participate in certain state management activities and public services; provide consultation, criticism, and social appraisal; implement programs, topics, and projects within the scope of state management authority.

Chapter VII

STATE MANAGEMENT OF ASSOCIATIONS

Article 36. State Management of Associations

1. Drafting or promulgating normative legal documents on associations. 

2. Guiding Ministries, sectors, localities, associations, and citizens in enforcing laws on associations.

3. Approving establishment; division, separation; merger; consolidation; dissolution; name change and approval of association charters as prescribed in Article 14 of this Decree.

4. Providing professional guidance to civil servants engaged in association management work.

5. Promoting and disseminating laws on associations.

6. Inspecting and supervising compliance with laws on associations; inspecting the implementation of association charters by associations.

7. Managing international cooperation in association matters in accordance with the law.

8. Resolving complaints and grievances, and handling violations of laws on associations.

9. Summarizing and reporting on the organizational structure, activities, and management of associations.

The Ministry of Home Affairs assists the Government in uniformly managing state affairs concerning associations nationwide.

Article 37. State management tasks of Ministries and equivalent agencies towards associations operating in fields under their management nationwide  associations operating in fields managed by Ministries or ministerial-level agencies nationwide.

1. Participate in writing with competent state agencies as stipulated in Article 14 of this Decree regarding the approval of establishment; division, separation; merger; consolidation; dissolution; name change and approval of association charters; ||| Total number of subjects who have completed execution of the decision recognize the organizing committee for establishing associations within their authority.

2. Issue mechanisms and policies for associations to participate in programs, projects, research topics, consultation, criticism, and social appraisal, providing public services, training, and issuing certificates for professional activities within the sector or field managed by the Ministry or equivalent agency in accordance with the law; guide and facilitate associations to organize term congresses; collect opinions from associations to improve state management regulations on the sector or field.

3. The Ministry of Finance provides specific guidelines on financial support from the state budget for associations with activities linked to state tasks; management and use of association assets and finances; management of the receipt and use of foreign individual and organization donations for associations..

4. Inspect, supervise, resolve complaints and grievances, and handle violations of laws on associations within their managed sectors or fields or recommend to competent state agencies to handle violations in accordance with the law; recommend the dissolution of associations.

Article 38. Duties of the People's Committee at the provincial level in managing associations operating within the province

1. Implement the authority stipulated in Clause 2, Article 14 of this Decree and manage state administration over the organization and activities of associations.

2. Conduct inspections and checks on compliance with laws regarding associations.

3. Resolve complaints and accusations and handle violations of laws concerning associations.

4. Consider support for associations with operational scopes at the local level.

5. Examine and permit associations with operational scopes at the local level to accept financial assistance from organizations and individuals both domestically and internationally in accordance with legal provisions.

6. Direct departments, branches, agencies, People's Committees at the district and commune levels in managing associations.

7. Annually compile and report to the Ministry of Home Affairs on the situation of organization, operation, and management of associations in the locality.

Article 39. Awards

1. Associations that make significant contributions to economic and social development shall be rewarded according to State regulations.

2. Members who achieve notable accomplishments shall be rewarded according to association regulations and State regulations.

Article 40. Handling of violations

1. Any person violating the right to establish associations or taking advantage of the name of an association to engage in illegal activities shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative penalties, or criminal prosecution under the law; if material damage is caused, compensation must be provided in accordance with the law.

2. Any person taking advantage of their position or authority to establish an association contrary to the provisions of this Decree shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative penalties, or criminal prosecution under the law; if material damage is caused, compensation must be provided in accordance with the law.

3. The leadership board of an association or representatives of an association intentionally extending the term of the congress beyond what is stipulated in the charter or failing to comply with the association's obligations shall be dealt with according to the law based on the nature and severity of the violation. 

Chapter VIII

IMPLEMENTING PROVISIONS

Article 41. Effectiveness

1. This Decree takes effect from July 1, 2010.

2. This Decree replaces Government Decree No. 88/2003/NĐ-CP dated July 30, 2003, which regulates the organization, operation, and management of associations.

Article 42. Implementation

The Minister of Home Affairs shall provide guidance on the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.