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Law 23/2012/qh13: Cooperative

Original Language Title: Luật 23/2012/QH13: Hợp tác xã

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CONGRESS
Number: 23 /2012/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 20, 2012

LAW.

Cooperative

______

The 1992 Vietnamese Constitution base of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;

Congress enacted the Law of Cooperation,

CHAPTER I

COMMON RULES

What? 1. The adjustment range

The law regulates the establishment, organization, and operation of the cooperative, which cooperated in the industry, the sector of the economy.

What? 2. Subject applies

The law applies to cooperative, cooperative association, cooperative member (later known as a member), a member of the cooperative community (later known as a member township) and organization, household, and individual related to the work. The foundation, the organization, the operation of the cooperative, the cooperative association.

What? 3. Cooperated, associate social cooperation

1. The cooperative is the collective economic organization, co-owner, which has a legal status, due to at least 07 members voluntarily established and mutually mutual mutual cooperation in manufacturing, business, job creation to meet the general needs of the member, on the basis of the organization. Autonomy, self-responsibility, equality and democracy in cooperative management.

2. The cooperative coalition is the collective economic organization, co-owner, which has a legal status, due to at least 04 cooperally established communes and mutually mutual mutual cooperation in manufacturing operations, business to meet the general needs of the member state cooperation, and the organization. on the basis of autonomy, self-responsibility, equality and democracy in cooperative joint management.

3. When cooperative, the cooperative alliance develops to a higher level that will form the business of cooperative, co-cooperative, the cooperative enterprise, the cooperative enterprise operating under the Corporate Law.

What? 4. Explain the word

In this Law, the words below are understood as follows:

1. The general needs of membership, member cooperation is the need for the use of products, the same services that arise regularly, from manufacturing, business, business, and membership. For collaborative employment, the overall need for membership is the need for employment by members of the cooperative community.

2. Minimal Contribution is the number of capital that individuals, households, and family members have to contribute to the regulatory capital of the cooperative, the cooperative association under the provisions of the cooperative charter, the cooperative association to become a member, the cooperative partner.

3. Rules is the total number of members due to membership, member cooperation, or commitment to a certain period of time, and is credited to the cooperative charter, the cooperative association.

4. Property does not share is a property division of the cooperative cooperative, which cooperates not divided among members, cooperates in membership, when an end to membership, membership, or when cooperative, the cooperative alliance terminates.

5. Service contract is the agreement between a cooperative, a cooperative partnership with a member, a member of the cooperative on the use of the product, the service of the cooperative, the cooperative association, to meet the common needs of the member, the cooperative partner.

6. The product, the service of the cooperative, associate the commune for the member, the member society. is a product, a service led by a cooperative, a cooperative association that provides a member, a member-of-a-service contract through one or some of the following activities:

a) Buy the same product, service from the market to serve the member, the member cooperate;

b) Sell the product, the service of the member, the social partnership to the market;

c) Buy the product, the service of the member, the member society to sell the market;

d) Buy products, services from the market for sale to members, member communes;

) Processing Member's products, cooperative membership;

e) The vehicle supply, the structural infrastructure that serves the membership, the membership cooperation;

g) Credit for membership, member social cooperation;

h) Create membership for the employment of employment cooper;

i) Other activities under the regulation of cooperative charter, cooperative association.

7. Product usage levels , the member's service, membership cooperation is the ratio of product value, service to which each member, the cooperative membership used on the total product value, the service due to the cooperative, the cooperative collaboration of all members, the cooperative of the city. Yes,

For employment cooperation, the level of product usage, service as a member's labor force for the cooperative is represented by the proportion of each member's salary on the total wages of all members.

What? 5. The State ' s guarantee to the cooperative, the cooperative alliance.

1. The recognition and protection of property rights, capital, income, rights and other legitimate interests of the cooperative, the cooperative association.

In the case of the State of the Procurement, the application of the property of the cooperative, the cooperative association for defence, security or national interest is paid, compensated by the rule of law on the purchase, requiitalization of property.

2. Secure the production environment, the equal business between the cooperative, the cooperative association with other types of business and other economic organizations.

3. Secure the right to autonomy, self-responsibility and do not interfere with the legal activity of the cooperative, associate co-op.

What? 6. Support policy, state incentives

1. The state has the following support policy on the cooperative, the cooperative association:

a) Training, human resource fostering;

b) Promotion of trade, expansion of the market;

c) The application of new science, engineering and technology;

d) Approach capital and fund development support;

) Faciliteit to engage target programs, economic development programs-social media;

e) newly formed cooperative, co-cooperative.

2. The state has the following preferable policy on the cooperative, the cooperative association:

a) Preferable Corporate Income Tax and other taxes under the provisions of the tax law;

b) The cost of the contract registration fee, the cooperative association pursuits to the provisions of the law of fees and fees.

3. For the cooperative, the cooperative association operates in agricultural, forestry, fishing, and other countries, in addition to being supported by the policy of support, preferable regulation at paragraph 1 and paragraph 2 This is also entitled to the support policy, the following incentives. Here:

a) Investment infrastructure development;

b) Transland, to lease land to serve the operation of the cooperative, the union cooperated according to the law of the land;

c) Credit:

) Capital, like the difficulty of natural disasters, disease,

Making products.

4. The government provides details of this based on the field, the venue, the economic development conditions-the society in each era of the country and the development level of the cooperative, the cooperative association.

What? 7. Organization Rules, Operations

1. Individual, household, voluntary worker, joined, joined, out of the cooperative. Self-established communes, joined together, out of the cooperative alliance.

2. Co-operation, associate co-author, cooperative partner.

3. Member, member-member, peer-to-peer, peer-to-peer vote does not depend on the decision to organize, manage and operate the cooperative, associate the cooperative; be provided with full, timely, accurate information about the operation. manufacturing, business, finance, income distribution, and other content according to regulation.

4. Co-operation, associate co-owner, self-responsibility for its activities before the law.

5. Member, member and cooperative cooperative, the cooperative association with responsibility for implementing the commitment to the service contract and the regulation of the charter. The income of the cooperative, the cooperative association, is distributed primarily by the degree of product use, service of the member, member cooperation, or by the member state of employment to the employment of employment.

6. Coopercooperative, cooperative association of educational, training, fostering membership, municipal cooperative, worker cadaver, worker in cooperative, co-cooperative, and information on the nature, benefits of cooperative, co-cooperative.

7. Cooperally, intercooperative hardworking cooperally sustainable development of the member community, cooperative and working together to develop the cooperative movement on local, regional, national, and international scale.

What? 8. The rights to the cooperative, associate social cooperation

1. Do the operating goal of the cooperative, associate co-op; self-responsibility, self-responsibility in its activities.

2. The decision to organize the management and operation of the cooperative, the cooperative association; lease and use of labor.

3. conduct manufacturing operations, business, job creation, registered occupation in order to meet the general needs of the member, the member social partnership.

4. Supply, consumption of products, services, employment to membership, membership cooperation and market-to-market but must guarantee completion of the obligation to members, cooperative membership.

5. New Enreload, termination of membership, membership cooperation.

6. Increase, decrease in capital regulation during operation; capital mobiles and internal credit activity under the rule of law.

7. The joint venture, association, cooperation with organization, domestic and foreign individuals to carry out the operational goal of the cooperative, the cooperative association.

8. Capital, purchase of shares, established businesses aimed at supporting the operation of the cooperative, co-cooperative.

9. Management, use, capital processing, property, and the foundations of the cooperative, associate cooperation.

10. Do the distribution of income, handling losses, the debt of the cooperative, the cooperative association.

11. Join the representative organizations of the cooperative, the cooperative association.

12. Comple; or through the agent denouncing acts of violation of the legal rights and interests of the cooperative, the cooperative association; the treatment of the member, the cooperative member state, and the internal dispute resolution.

What? 9. The duty of the cooperative, associate social cooperation

1. Make the rules of the charter.

2. Asking the legal rights and interests of the member, the cooperative membership under the provisions of this Law.

3. Activity in the field, the registered profession.

4. Implemation of a service contract between a cooperative with a member, a cooperative association with a member state cooperative.

5. Make the regulation of the law on finance, tax, accounting, audit, statistics.

6. Management, use of capital, property and the funds of the cooperative, associate the commune according to the rule of law.

7. Management, use of land and other resources are given by the State of the State or to the law by the rule of law.

8. Sign and implement labor contracts, social insurance, health insurance and other policies for employers by law.

9. Education, training, fostering, providing information to members, cooperative membership.

10. Make the report mode on the operational situation of the cooperative, the cooperative association under the government regulation.

11. The compensation of the damages is caused by a member, a member of the law by law.

What? 10. The regime holds the document of the cooperative, associate social cooperation.

1. The cooperative, the cooperative association must save the following documents:

a) The rules, the amendments, the additions, and the statutes of the cooperative, the cooperative association; the membership register, the membership cooperation;

b) A cooperative registration certificate, cooperative association; the degree of protection of intellectual property rights; certificates of registration of the quality of goods of goods; industry licenses, conditional occupations;

c) The document, the certificate of ownership, the right to use the property of the cooperative, the cooperative association;

d) Please join, the member's capital certificates, membership cooperation; the editorial, the resolution of the founding congress, the member congress, the board of directors; the decisions of the cooperative, the cooperative association;

) Report the results of production, business, reporting and other documents of the board, the director (general manager), the board of control or control of the officer; the conclusion of the inspection agency, inspection, audit;

e) The accounting book, the accounting from accounting, financial statements.

2. The specified documents at this must be stored in accordance with the rule of law and charter.

What? 11. Political organization, political organization-social organization, social organization-profession in the cooperative, associate social cooperation, social and social cooperation.

1. Political organization, political organization-social organization, social organization-the profession in the cooperative, the cooperative association that works in the framework of the Constitution and the law.

2. Cooperable, cooperative association with the responsibility of facilitalation of membership, member cooperation, labourers, and participating organizations in paragraph 1 Article.

What? 12. The acts are strictly forbidden

The certificate of registration of the cooperative registration, the cooperative association in the case of ineligible; refused to issue a cooperative registration certificate, a cooperative association in the case of qualifying under the regulation of this Law; obstruction, noise book, registration. signs and activities of the cooperative, co-cooperative.

2. Hinder the implementation of the rights, the obligations of the cooperative, the cooperative union, the member, the cooperative membership in accordance with the provisions of this Law and the charter.

3. Activity carries a cooperative name, the joint cooperative with which there is no registration certificate; it continues to function when it has been revoked of registration certificates.

4. Non-Honesty Manifest, which is not exactly the cooperative registration content, the cooperative association.

5. Frauds in valuation of capital funds.

6. The industry business, the profession is not written in registration certificates; business business, the conditional profession as not enough business conditions under the rule of law.

7. Implementals of organizational principles, operating under the provisions of Article 7 of this Law.

CHAPTER II

MEMBER, MEMBER COOPERATIVE

What? 13. The condition becomes a member, member cooperative

1. Individual, household, and legal member who becomes a cooperative member must meet the following conditions:

a) Personal is a Vietnamese citizen or legal foreigner in Vietnam, aged 18 years or older, has a full civilian capacity; the household has a legal representative in accordance with the rule of law; the agency, the organization, is Vietnamese.

For collaborative employment, membership is just personal;

b) There is a need for cooperation with members and the need to use the product, the service of the cooperative;

c) There is a voluntary application to join and endorse the charter of the cooperative;

d) The capital is under the provisions of Article 17 of Article 17 of this Law and the provisions of the cooperation;

Other conditions under the regulation of cooperative regulations.

2. The cooperative becoming a cooperative associate member must meet the following conditions:

a) There is a need for cooperation with member township cooperunions and there is a need to use products, services of the cooperative union;

b) Have the order to join and endorse the charter of the cooperative association;

c) Contributs to the provisions at paragraph 2 Article 17 of this Law and the provision of the cooperative association;

d) Other conditions under the regulation of the terms of the cooperative association.

3. Individuals, households, and legal families may be members of many coopercooper; coopercooper; may be members of multiple cooperative unions except for cooperative charter cases, other regulated coopercoopercooperation.

4. The government regulates the condition, the procedure becomes a cooperative member for Vietnamese and individual workers who are legally resident foreigners in Vietnam.

What? 14. Member Rights, Member of the Member

1. Be cooperative, associate the product supply, service under the service contract.

2. Be distributed in accordance with the regulation of this Law and the charter.

3. Enjoy the welfare of the cooperative, associate the cooperative.

4. Be attended or elected as a member of the member congress, cooperative membership.

5. Be given the content of the elected member congress under the regulation at Article 32 of this Law.

6. The candidate, nomining a board member, the board of control or control officer and other elected titles of the cooperative, associate the commune.

7. The petition, which requires the board of directors, the director (general manager), the board of control or control of the program on the operation of the cooperative, the cooperative association; requires board the board, the board of control or control of a member congress. abnormal by the rules of this Law and the rules.

8. Provided essential information concerning the operation of the cooperative, the cooperative union; assisted training, fostering and raising the active duty of the cooperative, co-cooperative.

9. Get out of the cooperative, associate the cooperative under the rules of the charter.

10. Is returned to the capital, which is joined by the provisions of the law and the rules.

11. Divided the value of the remaining shares of the cooperative, the joint cooperative under the provisions of this Law and the charter.

12. Vote, denounce, prosecute by law.

13. Other rights according to the rules of the charter.

What? 15. The membership of the member, the member society

1. Use the product, the service of the cooperative, associate the commune under the service contract.

2. Gb enough, the right time of capital is committed to the regulation of the charter.

3. Take responsibility for the debts, the financial obligations of the cooperative, the cooperative association within the scope of its contributing to the cooperative, the cooperative association.

4. Compensation Damages for the cooperative, co-cooperative, according to the law.

5. Compliance of the charter, the statute of the cooperative, the cooperative association, the Member of the Member Congress, the cooperative membership and the decision of the cooperative board, the cooperative association.

6. Other obligations under the regulation of the charter.

What? 16. End of membership, member social cooperation

1. membership, membership cooperation is terminated when one of the following cases occurs:

a) The member is a dead individual, who is declared dead by the Court, missing, restricted or lost to civil conduct or sentenced to prison in accordance with the law;

b) The member is a household with no legal representative in accordance with the rule of law; membership is the dissolved, bankrupt; the membership of the union of the united communes is dissolved, bankrupt;

c) Cooperated, federated cooperative, bankrupt;

d) A member, a voluntary member of the voluntary society from the cooperative, joined the cooperative;

Member, member-of-law to be excluded by the rules of the charter;

e) Member, member township cooperation without the use of the product, service in continuous time according to the regulation of the charter but not more than 03 years. For employment social cooperation, membership does not work in continuous time under the regulation of the charter but not more than 02 years;

g) At the time of committing sufficient capital, membership, membership cooperation does not contribute to capital or lower capital, which contributes to the minimum provision in charter;

h) Other cases due to regulation rules.

2. The authority decides to end the membership, the membership cooperation is done as follows:

a) For the specified case at point a, b, c, d and e paragraph 1 This the board decides and reports the nearest member congress;

b) For the specified case at the point, g and h clause 1 This is the board of the members of the member congress decides after the opinion of the control board or the control officer.

3. The settlement of the rights and obligations to the member, the cooperative membership in the case of an end to membership, the cooperative membership is executed by the provisions of this Law and the rules.

What? 17. Contributated Capital and Capital Certificates

1. For the cooperative, the member's contribution is made by the agreement and by the regulation of the charter but not more than 20% of the validity of the cooperative.

2. For the cooperative association, the capital of the member cooperate is done by the agreement and by the regulation of the charter but not more than 30% of the charter capital of the cooperative association.

3. The term, the form and the provision of capital regulations under the regulation of the charter, but the deadline for which the contribution is not exceeding 6 months, since the day of the cooperative, the cooperative association is granted a registration certificate or since the date is taken.

4. When sufficient capital, membership, cooperative membership is co-funded, the cooperative of a certificate of capital certification. The certificate of funding contains the following principal contents:

a) Name, address of the headquarters of the cooperative, the cooperative association;

b) The number and date of the registration of the cooperative registration, the cooperative association;

c) They, names, permanent addresses, nationality, number of people ' s citizenship or passport are personally or the legal representative for the household.

A member case is a legal person to specify the name, headquarters, decision number, or registration number; they, the name, permanent address, nationality, number of people's proof of the people or passports of the representative under the law of the law. For membership cooperation, it must be specified by the name, headquarters, registration number of the membership cooperation; they, the name, permanent address, nationality, number of people or passports of the representative in accordance with the law of the city. And,

d) Total capital; the time of capital;

They, the names, the signatures of the agent according to the law of the cooperative, associate the commune.

5. sequence, grant procedure, reorder, change, return certificate of capital certificates due to regulation rules.

What? 18. Return, capital inheritance

1. Cooperated, the cooperative union refunds the member's contribution to membership, membership cooperation upon the termination of membership, membership cooperation, or return of the capital beyond the maximum contribution of the member's capital, the membership of the member. The maximum amount specified in paragraph 1, paragraph 2 Article 17 of this Law.

2. The case of a member is a dead individual who inherits the conditions of this Law and charter, voluntarily joining the cooperative, becomes a member and continues to exercise the rights, membership of the member; if not joined the cooperative, to inherit the rules of the law.

A member case is an individual who is declared missing by the Court, the return of the capital, and the management of the missing person's assets made in accordance with the law.

3. The membership case is that the individual is declared by the Court to be restricted or the loss of civil conduct, which has been paid back through the custoship.

4. The case for membership is the legal, divided member, merge, merge, dissolution, dissolution, bankruptcy, and the return of the law to the law.

5. The membership of the member's contribution is that the individual has no heir, the heir who refuses to accept inheritance or is deposed by the law.

6. Cases of voluntary heirs leaving inheritance property to the cooperative, which is included in the undivided property of the cooperative.

CHAPTER III

FOUNDED AND REGISTERED TO COOPERATE, ASSOCIATE SOCIAL COOPERATION.

What? 19.

1. The founder of the cooperative is personal, household, voluntary, voluntary, and voluntary co-founder.

The founding member of the cooperative community was a voluntary co-founder, joining the establishment of a cooperative association.

2. The campaign initiative, the propagation of cooperative creation, cooperative association; construction of manufacturing, business, charter, and charter; implementing work to organize a cooperative, cooperative association.

What? 20. The conference to establish a cooperative, associate social cooperation

1. The meeting of the cooperative establishment, the co-founder of the composition organized by the founding of the Law.

The founding member of the cooperative assembly consists of the creation of an individual, the legal representative of the founder; the legal representative of the household, the legal and other individual who is willing to join the cooperative.

The founding member of the conference formed a cooperative association consisting of the legal representative of the founder and of the cooperative cooperated communes.

2. The conference discusses the charter draft, the production process, the business of the cooperative, the cooperative association and envisage the list of members, the cooperative membership.

3. Conference via charter. Those who approve of the charter and qualified under the provisions of Article 13 of this Law become members, coopercoopermembers. The members, the member society, continue to discuss and decide the following content:

a) Production, business;

b) The board of directors and the chairman of the board of directors; the decision of the selection of directors (general manager) among the members, the legitimate representative of the contract of membership or hiring director (general manager);

c) Elections control, head of control or control officer;

d) Other content was related to the establishment and organization, the operation of the cooperative, the cooperative association.

4. The resolution of the founding conference on the stipulated content at paragraph 3 This must be expressed through the principle of majority.

What? 21. The content of the cooperative condition, the cooperative association

1. Name, headquarters address; icon (if available).

2. Target active.

3. Industry, manufacturing, business.

4. Subject, conditions, procedures for termination, the procedure termination of membership, member cooperation; treatment for membership, contract membership, overdue debt.

5. A regular level of product use, service; the minimum value of the product, the service that member, the member society must use; the time continuously does not use the product, the service of the cooperative, the cooperative union but not more than 03 years; time of constant time not working for cooperative partnerships but not more than 02 years.

6. The rights and obligations of the member, the cooperative partner.

7. Structure of cooperative organization, cooperative association; functions, duties, powers, and modal practices of the board, chairman of the board, director (general manager), board of control or control of the board; fitness, dismissal, dismissal, dismissal, etc. The board of directors, the chairman of the board, the board of directors or the control officer; the department helps the cooperative, the cooperative association.

8. The number of members, the structure and term of the board of directors, the board of control; the case of a board member simultaneously as director (general manager).

9. The procedure, the procedure to conduct a member congress and through the decision at the member congress; the standard, the sequence, the election procedure for the member of the member assembly.

10. charter capital, minimum capital capital, capital form and capital contribution; return of capital; increase, decrease in charter capital.

11. Level, level, change, certificate of capital certificates.

12. The content of a service contract between a cooperative with a member, between a cooperative association with a member-member cooperative including the obligation to supply and use products, services; prices and methods of payment of products, services. For collaborative employment, the contract content between the cooperative and the member is a contract for the labor contract between the cooperative and the member.

13. The supply, consumption of products, services, jobs that cooperated, the co-union pledged to supply, consumption to the membership, the cooperative membership of the market.

The supply rate, consumption of products, services, employment that cooperated, interunion cooperated cooperation, consumption for membership, social co-operation on the market for each sector, the type of government regulation.

14. Investment, capital, purchase of shares, joint venture, link; establishment of the business of cooperative, cooperative association.

15. Set up the fund; the fund citation rate; the rate, the income distribution method.

16. Financial management, use and handling of assets, capital, funds and losses; the types of assets that do not share.

17. The principle of payment for the board member, the board of control or control of the officer; the principle of paying wages, the public money for the operator, the worker.

18. Procested in violation of the rules and rules of internal dispute resolution.

19. Modified, conditional supplement.

20. The other content is decided by the member congress but not contrary to the regulation of this Law and other provisions of the relevant legislation.

What? 22. Name, symbol of the cooperative, associate social cooperation.

1. The cooperative, the cooperative alliance that determines its name, symbol, but not contrary to the rule of law. The cooperative name, the cooperative association must be written in Vietnamese, may be accompanied by numiswords, symbols, and are started with the phrase "Cooperate" or "Co-operation".

2. The name, symbol of the cooperative, the cooperative association must be registered at the state authority with jurisdiction and protected under the provisions of the law.

3. The government regulates this.

What? 23. Subscription Register, Social cooperation

1. Before the operation, the cooperative, the cooperative association registered at the state agency with the authority of the cooperative where the cooperative, the cooperative association intended to set the headquarters.

2. The cooperative registration profile, the cooperative association consisting of:

a) A proposed cooperative registration, cooperative association;

b) The rules;

c) The production, business;

d) A membership list, member township; list of board members, directors (general manager), board of control or control;

The resolution of the convention.

3. The legal capacitor of the cooperative, the cooperative union must prescribe the full, honest and correct content of the specified content at paragraph 2 This and take responsibility before the law on the published content.

4. The state agency has the authority to issue registration certificates during the 5-day period of work, since the date of receiving the prescribed record at paragraph 2, the case of rejection must be answered by writing and stating the reason.

5. The government that regulates the state agency has the authority to issue registration certificates; the order, the granting procedure and the contents of the registration certificate.

What? 24. Terms of grant certificate of cooperative registration, social cooperation

The cooperative, the cooperative association, is granted a registration certificate when there is sufficient following the following conditions:

1. The industry, the manufacturing profession, the business that the law does not prohibit;

2. The registration records are prescribed at paragraph 2 Article 23 of the Law;

3. The name of the cooperative, the cooperative union is set as prescribed at Article 22 of this Law;

4. The main headquarters are in accordance with Article 26 of this Law.

What? 25. membership register, member cooperation

Cooperative, the cooperative association must make a membership register, which is a member of the commune immediately after being granted a registration certificate. The subscription must have the following contents:

1. Name, address the headquarters of the cooperative, associate the cooperative; number and date of registration of registration;

2. Information about membership, member social cooperation including:

a) They, the name, permanent address, nationality, the number of certificates of the people or passports for the member are the individual or the representative for the household;

b) The name, address of the headquarters, the number of established decisions or the registration number of the members is legal; they, the name, permanent address, nationality, the number of documents that demonstrate the people or passports of the representative under the law for the members are legal;

c) Name, address of the headquarters, registration number of the member cooperate; surname, name, permanent address, nationality, number of certificates of the people or passports to the representative under the law of that member;

3. Value of the capital of each member, member cooperate; the time of capital;

4. The number and date of the issue of certificates of each member, the member society;

5. The signature of the member is personally, the legal representative of the household, who is represented by the law of the legal person; the signature of the representative under the law of the member cooperate;

6. The signature of the agent according to the law of the cooperative, the cooperative association.

What? 26. The headquarters of the cooperative, associate social cooperation

The headquarters of the cooperative, the cooperative association, is the trading site of the cooperative, the cooperative association on Vietnamese territory, whose addresses are defined by the number of houses, street names, towns, townhouses, towns, towns, districts, towns, towns, cities, and cities. The city's central city; telephone number, fax number, and email (if any).

What? 27. Representative Office, branch and business location

1. Coopercooperative, cooperative association with branch offices, representative offices and business venues in the country and abroad. The procedure, the procedure, is established by the government.

2. The representative office has a mandate to represent the mandate to serve the operation of the cooperative, the cooperative association.

3. The branch is the subordinate unit of the cooperative, the cooperative association whose mission is to perform all or part of the function, the task of the cooperative, the cooperative association. The branch business of the branch must be consistent with the business, the business of the cooperative, the cooperative association.

4. Branch, representative office and business location must bear the name of the cooperative, associate cooperation, accompanied by the corresponding addition of branch identification, representative office and business location.

What? 28. Change the registered content of the cooperative, associate social cooperation.

1. The cooperative case, the cooperative association which changes one of the content of the name, headquarters address, industry, manufacturing, business, charter capital, legal representative; name, address, branch representative, representative office, must be found. registered with the state agency with the authority granted the registration certificate. The change was made only after the state agency had the authority to issue registration certificates.

2. When cooperative, the cooperative alliance changes the rules of charter, membership, membership, board member, board member, control board or control officer, business location, and a notice to the state authority with authority. has issued a registration certificate for a 15-day period, since the date of the change.

CHAPTER IV

COOPERATIVE MANAGEMENT ORGANIZATION.

What? 29. organizational structure

The organizational structure cooperally, the cooperative association consisting of member congress, board of directors, directors (general manager) and board of control or control of the board.

What? 30. Member congress

1. The member congress has the highest determination of the cooperative, the cooperative association. Members of the General Assembly include the annual member congress and the extraordinary member congress. The member congress is held in the form of an all-member congress or delegate congress (later known as a member congress). The Member Congress has the right and mandate under regulation at Article 32 of this Law.

2. Coopercooperative, cooperative alliance with 100 members, a member state that can become a member congress.

3. The delegate standard and sequence, the elected procedure for the membership of the member assembly is due to the regulation stipulation.

4. The number of delegates attending the member congress is due to the regulation stipulation but must guarantee:

a) Not less than 30% of the total number of members, the cooperative membership for the cooperative, the cooperative alliance has between 100 and 300 members, cooperated members;

b) Not less than 20% of the total number of members, the cooperative membership for the cooperative, the cooperative alliance has between 300 and 1000 members, cooperated members;

c) There are no less than 200 delegates to the cooperative, the cooperative alliance has over 1000 members, the cooperative partner.

5. The delegate to the member congress must express the opinions, aspirations, and the responsibility of information on the outcome of the Games for all members, the cooperative membership of which he represents.

What? 31. Million member congress

1. The annual member congress must be met for a period of 3 months, since the date of the end of the fiscal year by the board of directors convened.

An unusual member congress is controlled by the board, the board or the control officer or member of at least one-third of the total membership, the social contract convenes by regulation at the 2, 3 and 4 Articles.

2. The Board of Directors convenes an extraordinary member congress in the following circumstances:

a) addressing the problems that exceed the jurisdiction of the board;

b) The governing council does not hold a periodic meeting after two summons;

c) At the request of the control board or control officer;

d) By the suggestion of at least one-third of the total number of members, the cooperative of membership.

For a 15-day period, since the date of receiving the offer of the control board, the control officer or the offer of at least one-third of the total number of members, the cooperative membership, the board must convene an extraordinary member congress.

3. The case is too long for 15 days, since the day of receiving the offer of control, control of the officer or the offer of at least one-third of the total membership, the member cooperation that the board does not convene an unusual or excessive member congress. Every 3 months, since the end of the fiscal year that the board does not convene the annual congress, the board of directors or controls has the right to convene the member congress.

4. In a 15-day period, since the day of the control or control board has the right to convene without summons of an unusual member congress under the regulation at paragraph 3 This represents at least one-third of the total number of members, social cooperation. I mean, the member has the right to convene the congress

5. Member congress due to the convener of the convener, unless the member congress decides to elect another member.

6. Member congress is conducted when at least 75% of the total membership, member cooperation or member delegates attend; the case is not eligible to be eligible for membership.

The first meeting of the meeting was not eligible for a second meeting, for a period of 30 days, from the date of the first meeting. The meeting of the second member congress is conducted when at least 50% of the total number of members, members of the membership or member delegates attend.

When the second meeting was not eligible for a second meeting, the third session of the 20-day period, since the second session of the meeting. In this case, the meeting of the member congress was conducted not to depend on the number of participants.

What? 32. The powers and duties of the member congress

The member congress decides the following content:

1. Through the report results report in the year; report of the operation of the board and board of control or control of the officer;

2. Approvate financial statements, internal audit results;

3. The method of distribution of income and loss of loss, debt; stance, rate of citation of funds; wage method and income for workers for employment;

4. Production method, business;

5. Investment or sale of assets with a value of equal or greater than 50% of the total asset value recorded in the nearest financial report;

6. Capital, purchase of shares, corporate establishment, joint venture, affiliate; establishment of branch, representative office; participation in cooperative association, representative organization of cooperative, cooperative association;

7. Increase, rate of charter capital, minimum contribution; decision authority and capital of capital raising;

8. Define property values and assets that are not divided;

9. The organizational structure of the cooperative, the cooperative association;

10. The membership board membership is simultaneously the director (general manager) or the hiring of directors (general manager);

11. Vote, dismiss, dismiss the board president, board member, head of control, board member, control board member or control officer; increase, reduce the number of board members, the board of control;

12. Transfer, liquoration, fixed asset processing;

13. Divide, split, merge, merge, dissolve, bankrupt cooperative, associate cooper;

14. Modified, conditional addition;

15. The salary of the board member, the board member, the board member or the control officer; the public money, salaries and bonuses of the director (general manager), the deputy director (deputy general manager) and other management titles under the regulation of the board. of the charter;

16. End of membership, contract membership in accordance with Article 2 Article 16 of the Law;

17. Other content provided by the board, the board of control or control of the officer or at least one-third of the total number of members, the recommended member society.

What? 33. Prepare a member congress

1. The convener of the member congress must set up a membership list, member cooperate, delegate to the right to the meeting; prepare programs, content, documentation and draft resolutions; define time, place and send invitation to members, A member of a member or a member of the committee. A session invitation must be accompanied by the program, which is related to the membership of the member congress at least 7 days prior to the opening of the inaugural member.

2. The representation of the program may change when at least one-third of the total number of members, either a member or a member state, becomes an agreement to adjust to the same written content. The petition content must be sent to the convener of the 3-day slog meeting prior to the opening day of the opening day. The petition must specify the name of the member, the member cooperation or the member delegate and the petition content that is included in the program.

3. The convener of the member congress has only the right to deny the petition stipulated at paragraph 2 Article if one of the following cases:

a) The petition is sent to the wrong time or not in accordance with the member congress content;

b) The petition content is not under the decision authority of the member congress;

c) The other case by the regulation of the charter.

4. The case does not approve the prescribed petition at paragraph 2 This, the convener must report a member congress before deciding on the membership program.

The approved petition must be included in the planned program. The membership program must be approved by the member congress.

What? 34.

1. The following contents are approved by the member congress when there are at least 75% of the total number of representative voting delegates:

a) Modified, supplemable;

b) Divide, split, merge, merge, dissolution, bankrupt cooperative, co-co-ed;

c) Investment or sale of assets with a value of or greater than 50% of the total asset value is recorded in the merger's nearest financial report, the cooperative association.

2. The non-regulation content at paragraph 1 This is adopted when more than 50% of the total number of voting delegates approve.

3. Each member, member-member or member delegate to the member congress has a voting vote. Voting votes are equal, not dependent on the number of contributions or duties of the member, member or member state.

What? 35. Social cooperation board, joint cooperative association, and ...

1. The co-op board, the cooperative association, is the cooperative management body, the cooperative association formed by the founding congress or the elected member congress, the dismissal of the closed ballot. The board consists of the president and the member, the number of members of the board due to the regulation stipulation but a minimum of 3 persons, a maximum of 15.

2. The term of the cooperative board, the cooperative association, by the cooperative charter, the cooperative cooperative, but a minimum of 2 years, for a maximum of five years.

3. The Board of Directors uses the seal of the cooperative, the joint cooperative to implement the powers and duties under the provisions at Article 36 of the Law.

4. The board of cooperative cooperation periodically follows the regulation of the charter but at least 03 months once; the board of the joint governance cooperative meets periodically on the rules of the charter but at least 06 months by the chairman of the board or member of the board. The board is chaired by the chairman of the board of trustees.

An unusual meeting board at the request of at least one-third of the total board members or chairman of the board, the head of control or control officer, the director (general manager) cooperated, the cooperative association.

5. The board meeting was carried out as follows:

a) The board meeting is conducted when there are at least two-thirds of the total board members attend. The decision of the board of directors is passed in accordance with the principle of majority, each member having a vote of equal value;

b) The case of convening council meetings periodically but not enough of the number of members to attend as stipulated, the chairman of the board must convene the second board meeting for no more than 15 days, since the date of the first meeting. After two summons without sufficient attendance, the board of directors convenes an extraordinary member congress for no more than 30 days, since the date of the second meeting to consider the board member's membership not to attend the meeting. and has a handling measure; the chairman of the board reports the nearest member congress to review the status of the board member who does not attend the meeting and the treatment;

c) The content and conclusion of the board meeting must be compiled; the board of the board meeting must have the signature of the presiding officer and the session secretary. The president and the secretary of State are responsible for the accuracy and honesty of the border. For the content that the board does not decide, the member congress decides. The board member has the right to secure the opinion and is inscribed on the meeting ' s editorial.

What? 36. The powers and duties of the board

1. The decision to organize the work parts, the subordinated unit of the cooperative, associate the commune according to the regulation of the charter.

2. The organization performs the member congress ' s resolution and evaluated the results of the operation of the cooperative, the cooperative association,

3. Preparing and process members of the revised membership, provision of regulation, operational results report, production methods, business, and the income distribution of the cooperative, the cooperative association; the board's operational report.

4. Member Congress review, through financial statements; the management, using the funds of the cooperative, the cooperative association.

5. Member of the Council of Membership of the Tuberculosis Level, the board member of the board member, the board member of the board of control or control officer; the level of public money, salaries and bonuses of the director (general manager), the deputy director (deputy general manager).

6. Transfer, liquoration, handle the cooperative asset of the cooperative, associate the cooperative under the jurisdiction of the delegate.

7. Connect the new member, resolve the termination of membership stipulated at the point a 2 Article 16 of this Law and report the membership congress.

8. Evaluation of the operational effectiveness of the director (general manager), deputy director (deputy general manager).

9. Appointment, dismissal, resignation, lease or termination of the lease of the board of directors (general manager) under the resolution of the member congress.

10. Appointment, dismissal, dismissal, or termination of a contract to hire deputy directors (deputy general manager) and other titles at the recommendation of the director (general manager) if the charter does not specify otherwise.

11. Khen rewarded, membership discipline, membership cooperative; individual commendation, organizations not members, cooperative members but construction construction, cooperative development, cooperative association.

12. Messages to the members, cooperative members of the resolution, the decision of the member congress, the board of directors.

13. The board of directors of the board of operations to exercise the rights and duties is delivered.

14. Practice of the right, other duties under the provisions of the charter, the resolution of the member congress and is responsible for its decision before the member congress and before the law.

What? 37. The powers and duties of the chairman of the board

1. As the representative in accordance with the law of the cooperative, the cooperative association.

2. Set up the program, plan the operation of the board and the assignment assignment for the board members.

3. Preparing for content, program, convening and presiding over the board meeting, the member congress except for this Law School or other regulated charter.

4. Take responsibility before the member congress and the board of directors on assignment.

5. Sign the text of the board under the rule of law and charter.

6. Implemation of authority and other duties according to the regulation of this Law and the charter.

What? 38. Director (general manager) cooperated, associate social cooperation

1. The Director (general manager) is the active operator of the cooperative, the cooperative association.

2. The Director (general manager) has the following powers and duties:

a) The organization of the production, business of the cooperative, the cooperative association;

b) execute the resolution of the member congress, the decision of the board of directors;

c) Sign the contract on the name of the cooperative, the cooperative association pursuits to the chairman of the board of directors;

d) The annual financial reporting board of directors;

Construction of the organization's organization, the subordinated unit of the cooperative, the cooperative society cooperates;

e) Recruit recruitment by the decision of the board of directors;

g) Implementiation and other duties are regulated at the charter, the statute of the cooperative, the cooperative association.

3. The case of director (general manager) due to the cooperative, the co-operating union, in addition to the implementation of the powers and the provision of regulation at paragraph 2 This is also to implement the powers and duties under the labor contract and may be invited to participate. The board of trustees, the board of directors.

What? 39. Board of Control, Control.

1. Board of Control, Control of Independent Operations, inspection and monitoring of the operation of the cooperative, the cooperative association pursuits to the rule of law and charter.

2. The Board of Control or Control Board members directly elected by members of the membership, representing members of the cooperative membership in the form of a closed ballot. The number of members of the board of control was decided by the member congress but no more than 07.

The cooperative has 30 or more members, with a cooperative association from 10 member states to become under the control of the board. For the cooperative under 30 members, the cooperative union has under 10 member communes, the establishment of the control board or the control officer due to regulation regulations.

3. Head of control issued by the member congress directly among the board members; the term of the board of control or control over the term of the board.

4. The Board of Control or Control is accountable to the member congress and has the powers, the following task:

a) Check, monitor the operation of the cooperative, associate the commune with the rule of law and charter;

b) Check out the approval of the charter, resolution, decision of the member congress, the board of directors and the statute of the cooperative, the joint cooperative association;

c) Monitoring of the operation of the board, the director (general manager), member, municipal cooperative under the provisions of the law, charter, resolution of the member congress, the statute of the cooperative, the cooperative association;

d) An audit of financial activity, the approval of the accounting regime, the income distribution, the handling of the losses, the use of funds, assets, equity of the cooperative, the cooperative union, and the support of the State;

) The appraisold report results in the results of production, business, annual financial statements of the board prior to the membership of the member assembly;

e) Take on the petition regarding the cooperative, the cooperative union; the settlement under the authority or the board petition, the member congress resolved by jurisdiction;

g) The head of the control or control officer is attended to the board meetings but is not entitled to vote;

h) inform the board of directors and report before the member congress on the results of control; the board of directors, the director (general manager) corrects the weak, violinists in the operation of the cooperative, the cooperative association;

i) Request to provide documents, books, testimonies, and the information needed to serve the test, monitor, but not to use the documents, that information on other purposes;

l) Preparing the program and to convene an extraordinary member congress under the stipulation at paragraph 3 Article 31 of the Law;

l) Perform the powers and other duties according to the regulation of this Law and the charter.

5. The board member, control of the officer who is entitled to the remunation and is paid the other required costs during the course of the mission.

6. Board of Control or Control is used to use the seal of the cooperative, associate the cooperative to carry out its mission.

What? 40. The condition becomes a board member, a board of control or control officer, director (general manager) cooperative, associate social cooperation, and management.

1. The cooperative board member must meet all the following conditions:

a) A member of the commune.

b) Not simultaneously a board member or control officer, chief accountant, treasurer of the same cooperative and not the father, mother, mother, mother; wife, husband; child, child; brother, sister, brother of the board member, board of control, control, control, etc. -No.

c) Other conditions due to the regulation of regulatory cooperation.

2. The board member of the joint cooperative board must meet enough of the following conditions:

a) As the legitimate representative of the member social cooperation;

b) Not simultaneously a board member or control officer, chief accountant, treasurer of the same cooperative association and not the father, mother, mother, mother; wife, husband; child; brother, sister, sister of the board member, the board of directors. Control, control.

c) Other conditions due to the regulation of the intercommunal cooperative association.

3. Control, member of the cooperative control board must meet the following conditions:

a) A cooperative member;

b) Unlike a board member, director (general manager), chief accountant, treasurer of the same cooperative and not the father, mother, mother, mother; wife, husband; child; brother, sister, sister of the board member, member of the board member. the other side of the control board;

c) Other conditions due to the regulation of regulatory cooperation.

4. Control member, member of the cooperative control board, must meet the following conditions:

a) As the legal representative of the prescribed member cooperate at paragraph 2 Article 13 of the Law;

b) Not simultaneously as a board member, director (general manager), chief accountant, treasurer of the same union, and not the father, mother; father, mother; wife, husband; child; brother, sister, sister of the board member, other members of the control board;

c) Other conditions due to the regulation of the intercommunal cooperative association.

5. The Director (general manager) must meet the conditions under the rule of law and charter.

6. The following are not members of a board member, board member, control officer or director (general manager) cooperative, co-cooperative association:

a) Is accepting a prison sentence or is being banned by the Court of Business;

b) Has been convicted of crimes of national security, breach of possession, crimes of economic management that have not yet been cleared of the case;

c) The other case follows the regulation of law and charter.

What? 41. Long-term dismissal, dismissal, termination of the contract of cooperative management titles, social cooperation union, and ...

1. Board member, board member or control officer, director (general manager) being dismissed, dismissed, dismissed or terminated the contract if one of the following circumstances:

a) Being restricted or without civil conduct;

b) voluntarily resign;

c) Being sentenced to prison sentences or prohibited from taking office, acting in relation to the cooperative, union cooperations;

d) Other cases by regulation of the regulation or regulations in the contract labour agreement between the cooperative, the cooperative association with the director (general manager).

2. Board members, board members or control officer, director (general manager) after being dismissed, dismissed, or terminated the labor contract must be held accountable for its decisions in the time of ensuring that the board is being held accountable. That's the job.

CHAPTER V.

PROPERTY, FINANCE OF THE COOPERATIVE, ASSOCIATE SOCIAL COOPERATION

What? 42. Define the capital value

1. As a result of the Vietnamese currency, other types of assets have been attributed to Vietnamese currency including foreign currency, materiel, property rights, intellectual property rights, intellectual property rights, and types of paper priced at the time of capital.

2. The value of capital that contributes to other types of assets is determined by the principle of agreement between a cooperative, a cooperative association with a member, a member state or through a appraisal organization.

What? 43. Increase, reduce capital charter capital, associate social cooperation

1. The regulation capital of the cooperative, the combined cooperative alliance in the case of a member congress decides to increase the minimum amount of capital, or raise additional members ' capital, membership or membership, new membership.

2. The charter capital, the cooperative association, decreased when cooperative, the cooperative union returned to the member, the member state.

In the case of a reduced charter, a member of the law, which has a member's capital, exceeds the maximum amount of capital under the provisions of paragraph 1, paragraph 2 Article 17 of this law must return the capital beyond the prescribed amount of capital under Article 18 of the Law. This or raising additional members of the membership, other member cooperation or membership, is a new member of the law to ensure the maximum rate of capital, according to the provisions of the Law, and the rules.

For the cooperative, the cooperative association operates in the industry, the requirement for which to have a legal capital, the capital after the reduction is not lower than the capital, which applies to the sector, the profession.

What? 44. Capital mobiles and subsidies, support

1. Cooperated cooperative, cooperative alliance, which prioritits capital from membership, cooperative membership to invest, expand production, business on the basis of agreement with membership, cooperative membership.

In the case of capital mobiles from the member, the member cooperate has not yet met enough demand for the cooperative, and the cooperative cooperation of capital from other sources according to the rule of law and charter.

2. Cooperated, the cooperative association receives the subsidies, the support of the State, the institutions, the domestic and foreign individuals under the agreement to conform to the rule of law.

3. The management of the subsidies, the support of the State implemented as follows:

a) The subsidy, the non-reimbursable support of the State is charged into the undivided property of the cooperative, the cooperative association;

b) The state ' s support must be reimbursable into the number of debt of the cooperative, the cooperative association.

4. The management, use of subsidies, supports with foreign factors must conform to the rule of law and the international convention that the Socialist Republic of Vietnam is a member.

What? 45. The active capital of the cooperative, associate social cooperation

1. The active capital of the cooperative, the joint venture capital of the member's capital, the member cooperation, the raising capital, the accrued capital, the foundations of the cooperative, the cooperative union; the subsidies, the aid of the State, of the institutions, the individual in the country. and abroad; donated, given, and other legal sources.

2. The cooperative charter, which federated the governing body specifically, uses the operating capital of the cooperative, the cooperative association in accordance with the provisions of this Law and the provisions of the relevant law.

3. The use of capital of the cooperative, the co-cooperative, to fund capital, to purchase shares, establish a business established by the government.

What? 46. Distribution of income

After the completion of the financial obligations under the provisions of the law, the income of the cooperative, the cooperative union is distributed as follows:

1. Quote the development investment fund with a rate of no less than 20% on income; extracts the financial reserve fund with a rate of no less than 5% on income;

2. Extract other funds that measure the decision member congress;

3. The remaining income after the merger of the funds is specified at paragraph 1 and paragraph 2 This is distributed to the member, which cooperated membership in the following principle:

a) primarily according to the extent of the use of the product, the service of the member, the member cooperate; according to the member labor labor, the member's contribution to the work of employment;

b) The rest is divided by capital;

c) The ratio and method of distribution specifically due to the cooperative charter, the cooperative cooperative association;

4. Income is distributed to the member, the member cooperation is the property owned by the member, the member society. Member, member-of-the-person cooperative distribution has distributed to the cooperative, which is a cooperative cooperative, using an agreement with a cooperative, cooperative association.

What? 47. Manage, using the funds of the cooperative, associate social cooperation.

1. The management, using the funds must be regulated in the charter, the regulation of the financial management of the cooperative, the cooperative association, and in accordance with the rule of law.

2. Every year, the board reports members of the member congress on the management, using funds and directions using the funds of the cooperative, the cooperative association for the next year.

What? 48. Property of the cooperative, associate social cooperation

1. The property of the cooperative, the cooperative association is formed from the following source:

a) Member of the membership, the composition of the member;

b) the mobilized capital of the member, the member and other mobilized capital;

c) Capital, the property is formed during the operation of the cooperative, the cooperative association;

d) The pension, support of the State and the donated amount, to the other.

2. The undivided property of the cooperative, the cooperative association includes:

a) the right to use the land by the State of the land, for the land of the land;

b) The grant, the non-reimbursable support of the State; the donation, to the agreement the property is not divided;

c) The requote from the annual development investment fund was decided by the member congress to put into the undivided property;

d) Capital, other assets are regulated as non-divided assets.

3. The management, using the property of the cooperative, the cooperative union is carried out by the regulation of the charter, the regulation of the financial management of the cooperative, the cooperative association, the Member of the Member Congress and the provisions of the relevant law.

What? 49. Processing the property and capital of the cooperative, associate cooperation when dissolved.

1. The capital treatment, property of the cooperative, the cooperative association:

a) Recover The Assets Of The Cooperative,

b) The asset bar, except for the property that is not divided;

c) Pay the debts to pay and implement the financial obligations of the cooperative, the cooperative association.

2. Handout the remaining asset, except the property that does not share in the following order of preference:

a) The cost of the dissolution, including the expense of the recovery and liquation of the property;

b) Pay payment of the salary, allowable and social insurance of the worker;

c) Payment of secured debt by the rule of law;

d) Pay unsecured debt;

The remaining asset value is reimbursable to the member, the member society according to the proportion of capital that contributes to the total number of capital.

3. The handling of the property execution in the order of priority is specified at paragraph 2 This. Where the remaining asset value is not sufficient to pay the debts of the same amount of payment, a partial payment is made in proportion to the debts that must be paid in that priority.

4. The government regulates the dissection of the undivided property of the cooperative, linking the cooperative when dissolved, bankrupt.

What? 50. Processing of the losses, the debt of the cooperative, the cooperative alliance.

1. End of the fiscal year, if the loss of the hole is found, the cooperative union must handle a reduction in the rule by law. The case has dealt with a loss but it is not enough to use the financial reserve fund to compensate; if it is not enough, the remaining losses are transferred to the following year; this loss is subtracted from the income tax. The time is transferred to the provisions of the law on taxes.

2. The debts of the cooperative, the cooperative union are processed by the rule of law and charter.

What? 51. Prepaid returns.

1. The return of capital to its membership, the membership cooperation was only made after the cooperative, the cooperative association decided the tax of the fiscal year and secured the ability to pay the debts, the financial obligations of the cooperative, interunion, and financial services. -Yeah.

Member, the member cooperate was only returned to the capital after fully performing its financial obligations to the cooperative, co-cooperative.

Individuals or collective decisions that determine the return of a member, the non-correct member communes, are responsible for the damages of the cooperative, the cooperative association.

2. The return of the capital to the member, the cooperative membership due to the regulation stipulation, is consistent with the regulation at 1 Article and the provisions of the law are relevant.

CHAPTER VI

DIVISION, SPLIT, MERGE, MERGE, DISSOLUTION, BANKRUPTCY

COOPERATIVE, COOPERATIVE ASSOCIATION

What? 52. Split, merge the commune, associate social cooperation

1. The board of directors of the cooperative, the cooperative joint planning division, separates the dividing line, the decision-making member congress.

2. After the member congress decided to split, split, the board was responsible for a written notice for the creditors, organizations and individuals with economic ties to the cooperative, the joint cooperative on the decision to divide, separate and address the issues of the law. It's relevant before the procedure is to establish a cooperative, a new cooperative alliance.

3. The coopercooperation, the cooperative association, is divided, separate the dividing line, the separation that has been decided and the procedure established under the regulation at Article 23 of this Law. The post of cooperative registration, the joint cooperative association, was accompanied by a member congress's resolution of the split, the separation of the commune, the cooperative association.

4. Cooperated, the cooperative association with the split end exists after the coopercooperation, the new cooperative association, is granted a registration certificate. The cooperative, the new cooperative coalition, was responsible for the unpaid debts, the labor contracts and other obligations of the co-op, the co-op union divided.

Cooperally, the cooperative union was separated and was separated from the union responsible for unpaid debts, labor contracts, and other obligations of the cooperative, which joined the separation of communes.

The non-divided property of the cooperative, the cooperative association, is divided into the undivided property of cooperNations, the cooperative union after the split, split under a decision by the member congress.

What? 53. Unity, merger merger, social cooperation union

1. Cooperated cooperative, cooperative association:

a) Two or more coopercooperunions can voluntarily merge into a new cooperative; two or more cooperative associations can voluntarily merge into a new cooperative association;

b) The board of directors of coopercooperation, the joint cooperative cooperative planning to establish the merger of its member congress to decide and be responsible for a written notice to the creditors, organizations and individuals with economic relations with the government of the United States. The cooperative, the merger of its cooperative on the merger decision, the merger included the following key content: the treatment of property, capital, debts; the processing of labor and other matters involved;

c) The board of directors of the coopercooperes, the cooperative cooperative agreement to merge the contract to form a contract. The Council of the United Nations has the task of building a merger of the cooperative member congress, which is the most cooperative cooperative. The merger consists of the following primary content: name, headquarters; property processing methods, capital, debt; labor processing methods and the ongoing problems of coopercooperalism, the merger of the merged cooperative to the cooperative, the cooperative alliance. the most cooperative; the production, business, charter project, project membership, project membership, and membership.

d) The procedure for cooperative registration, the most cooperative association pursues to Article 23 of the Law.

2. Social integration, cooperative association:

a) One or a number of coopercooperunions may voluntarily merge into another cooperative; one or several coopercooperological unions may voluntarily merge into another cooperative association;

b) The board of directors of the coopercooperation, the merger of the merged commune which builds the merger of its member congress, decides and is responsible for the written notice of the creditors, organizations and individuals with economic relations with the contract. As a matter of fact, the union cooperated on the decision to merge. The merger method consisted of the following primary content: the method of handling the property, capital, debt; the processing of labor and other matters involved;

c) The board of directors of coopercooperation, the cooperative association intended to merge the agreement of the merger. The merger method consisted of the following primary content: the method of handling the property, capital, debt; the labor handling method and the ongoing problems of the coopercooperation, the merger of the cooperated commune;

d) Cooperate, join the cooperative after a merger must be registered as a change in accordance with Article 28 of this Law.

3. After registration, the coopercooperation, the merger of the merged cooperative society ceased to exist. Following the change, the cooperative, the merger of the merged communes, ceased to exist.

What? 54. The body cooperated, the cooperative alliance

1. Disorder:

A member congress, a member state, decided to dissolve the voluntary dissolution and establish a voluntary dissolution council. The voluntary dissolution council consists of a board representative, a board of control or control officer, the executive board, the member's representative, the member state.

In the 60-day period, since the date of the founding of the voluntary dissolution resolution, the dissolution council voluntarily took responsibility for the following work:

a) The announcement of the dissolution to the state agency issued a registration certificate for the cooperative, cooperative association; local regionship where the cooperative, the cooperative association, operates in 3 consecutive terms of the dissolution;

b) Notice of organizations, individuals who have economic relations with the cooperative, associate cooperation on the deadline of payment of debt, liquing contracts; perform the handling of the property and capital of the cooperative, the joint cooperative under regulation at Article 49 of this Law.

2. The Interpretation:

The People's Committee, along with the state agency, issued a cooperative registration certificate, a cooperative association that decided to dissolve the contract for the cooperative, union cooperation in one of the following cases:

a) Cooperated, the cooperative association was not active for 12 consecutive months;

b) Cooperated, the cooperative association does not guarantee sufficient minimum membership in accordance with the provisions of this Law for 12 consecutive months;

c) Coopercooperative, unorganized cooperative association with the annual membership congress for 18 consecutive months without reason;

b) revoked the registration certificate;

According to the Court's decision.

3. The procedure of the mandatory dissolution for the cooperative, the joint cooperative association as follows:

a) The People ' s Committee of the same level with the state agency issued a cooperative registration of the cooperative, the co-contracting, the decision to dissolve the dissolution and the establishment of the dissolution council. The president of the board is representative of the People's Committee; the permanent commissioner is representative of the state agency issuing registration certificates; the other commissioner is the representative of the state agency of the same level, the representative organization, the cooperative alliance. The central city, the central city (if cooperative, the cooperative union is a member of the coalition), the Social People's Committee, the ward, the town where the cooperative, the co-union, the board, the board, the board, the board, the board, the board, the board, the board. You know, I mean, you know, you know

b) The mandatory dissolution record consists of a mandatory dissolution decision and a cooperative registration certificate, cooperative association;

c) In the 60-day period, since the date of the mandatory dissolution decision date, the dissolution council is responsible for the following work: local registration where the cooperative, the cooperative association, registered in 3 consecutive numbers on the decision to dissolve dissolution. forcing; to inform organizations, individuals who have economic ties to the cooperative, associate cooperation on the dissolution and the deadline of payment of debt, liquing contracts; handling the property and capital of the cooperative, the joint cooperative under the regulation at Article 49 of the United States. This law.

4. Shortly after the completion of the dissolution by regulation at paragraph 1, paragraph 2 of this, the dissolution board had to submit 1 case files on the dissolution, seals and origination of the cooperative registration certificate, the cooperative association to the agency that issued the certificate. It's registered. The processing of other documents is by law.

5. The state agency issued a cooperative registration certificate, the cooperative association must delete the cooperative name, associate the commune in the register.

6. In the case of not agreeing to the mandatory dissolution decision, the cooperative, the cooperative union has the right to complain to the state agency that has jurisdiction or the prosecution of the Court under the rule of law.

7. The government regulates this.

What? 55. Resolve claims to declare bankruptcy on the cooperative, associate social cooperation.

The settlement of the bankruptcy of the cooperative, the cooperative association, was made in accordance with the laws of bankruptcy, except for the settlement of the non-divided property at paragraph 2 Article 48 of the Law.

What? 56. Recover Cooperative Registration Certificate, social cooperation

The cooperative, the cooperative union revoked the registration certificate in one of the following cases:

1. dissolved, bankrupt, merged, merged;

2. The manifest content in the registration records of the cooperative, the cooperative association of non-honest, inexact;

3. Taking advantage of the cooperative name, the cooperative association to operate the law of law;

4. Working in the industry, the profession that the law forbids;

5. Activity in the business profession has conditions that are not eligible under the rule of law;

6. Do not register the tax code for the 01-year term since the registration of the registration certificate;

7. Transfer to another local headquarters with a registration place for a 1-year period without registering with the state authority with jurisdiction.

CHAPTER VII.

REPRESENTATIVE ORGANIZATION OF COOPERATIVE COOPERATION.

What? 57. The representative organization of the cooperative, the cooperative association.

The organization's representative organization, the cooperative association, formed by coopercooperologists, established the self-created commune in order to protect its rights, its legal interests. The organization's representative organization, the cooperative association, can be organized by industry, sector, territory; organized, operating under the laws of the law and the relevant law.

What? 58. Vietnam cooperative coalition organization, the organization of the cooperative alliance, the central city of the country.

1. The Vietnamese cooperative alliance was established in the centre; the provincial cooperative alliance was established in the provinces, the central city. The charter of the Vietnam cooperative alliance was approved by the Union of Vietnam Congress and was approved by the Prime Minister; the charter of the provincial cooperative alliance was approved by the Congress of the Union of the People's Republic of Vietnam and chaired by the Chairman of the People's Committee. I'm sorry.

2. The cooperative cooperative alliance, the following mission:

a) Representative and protection of the right, the legitimate interests of the members;

b) The propaganda, the development of cooperative development, the cooperative association;

c) Consulting, support and provision of services, training, human resources catering to the formation and development of the cooperative, the cooperative association;

d) Implemonation of programs, projects, public services assistance development assistance was delivered;

In the construction of the policy, the law of cooperative law, the cooperative alliance;

e) represent members of the operating system in coordination with domestic and foreign institutions as defined by the law.

3. The state supports, faciliteit to the cooperative alliance that performs the activities delivered.

CHAPTER VIII

STATE MANAGEMENT FOR COOPERATIVE, SOCIAL COOPERATION, AND COOPERATION.

What? 59. State Management Content

1. Board, disseminalization, guide, and organizational implementation of the legal texts on the cooperative, the joint cooperative and the relevant legal text.

2. Build the machine and organize the planning, program, support policy, preferable to the cooperative, the cooperative association.

3. Organization and guidelines for cooperative registration, cooperative association.

4. Inspector, examines the implementation of the law on the cooperative, the cooperative association, which handles the acts of violation of the legalization of the cooperative, the joint cooperative of the individual and the organization involved in accordance with the rule of law.

5. International cooperation on cooperative development, cooperative association.

What? 60. The responsibility of state administration agencies

1. The unity government manages the state for cooperative, cooperative association.

2. The Ministry of Planning and Investment helps the Government to manage the state on the cooperative, the cooperative association.

3. The ministry, the equal body within the scope of the mission, its powers are responsible for the implementation of the state management of the cooperative, the joint cooperative under the rule of law.

4. The People ' s Committee is in the scope of the mandate, whose powers are responsible for implementing state management of the cooperative, the joint cooperative under the rule of law.

5. The state governing body is responsible for coordinating with the National Front of Vietnam and its member organizations; other social organizations in organizing the law enforcement of the cooperative, the joint cooperative; the propaganda, the disseminalization of the law on cooperative, united coopercooper; implementing programs, cooperative development projects, cooperative associations.

What? 61. Inspector, check, check.

1. The Ministry of Planning and Investment, in coordination with the ministries, peer-to-peer agencies, the People ' s Committee of the Executive Committee, examines the implementation of the regulation, the law on the cooperative, the cooperative association.

2. Ministry, peer-to-peer agency, the People ' s Committee on the Functional Range, the task of carrying out the inspector, examining the operation of the cooperative, the cooperative association.

3. The audit of the cooperative, the cooperative and social cooperation of the Government.

CHAPTER IX

EXECUTION CLAUSE

What? 62. The transition clause

1. Cooperated, the cooperative union established before the Law on which the organization and operation are not opposed to the provisions of this law continue to operate and not re-register.

2. The cooperative, the cooperative association, established before the Law on which the organization and operations are not aligned with the provisions of the Law, must register again or move to another type of organization for 36 months, since the Law. In effect.

3. The government regulates this.

What? 63.

1. This law took effect from 1 July 2013.

2. Social cooperation law 18 /2003/QH11 The effect of this law came into effect.

What? 64. Details regulation and execution guidelines

The government rules out the details, guidelines for the implementation of the provisions, which are assigned in the Law.

The law was signed by the Socialist Republic of Vietnam XIII, the 4th session through November 20, 2012.

President of Congress.

(signed)

Nguyen Gung Xiong