Decree No. 77/2005/ND-CP on Issuing the Model Guidelines for Drafting Cooperative Bylaws

DECREE OF THE GOVERNMENT

Regarding the issuance of a model guide for drafting cooperative charters

THE GOVERNMENT

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

Pursuant to the Law on Cooperatives dated November 26, 2003;

At the proposal of the Minister of Planning and Investment,

DECREE:

Article 1. The Model Guide for Drafting Cooperative Charters is hereby issued together with this Decree.

Article 2. Applicability

1. This Decree applies to:

a) Cooperatives and cooperative unions (hereinafter referred to collectively as cooperatives) established, organized, and operated under the Law on Cooperatives 2003;

b) Cooperatives established, organized, and operated under the Law on Cooperatives 1996, now transitioning to operate under the Law on Cooperatives 2003.

2. Credit Cooperatives are not subject to the provisions of this Decree.

Article 3. Each cooperative shall have its own Charter. A cooperative has the right to stipulate other contents in its cooperative charter, but must comply with the provisions of the Law on Cooperatives 2003, this Decree, and related legal regulations.

Article 4. Effectiveness

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. This Decree replaces:

a) Decree No. 41/CP dated April 29, 1997 of the Government promulgating the Model Charter for Trade Cooperatives;

b) Decree No. 43/CP dated April 29, 1997 of the Government promulgating the Model Charter for Agricultural Cooperatives;

c) Decree No. 44/CP dated April 29, 1997 of the Government promulgating the Model Charter for Industrial and Construction Cooperatives;

d) Decree No. 45/CP dated April 29, 1997 of the Government promulgating the Model Charter for Transport Cooperatives;

đ) Decree No. 46/CP dated April 29, 1997 of the Government promulgating the Model Charter for Fisheries Cooperatives.

Article 5. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.