The Decree 33/2012/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree 45/2010/nd-Cp Dated 21 April, 2010 Of The Government Regulations On The Organization, Operation And Management Of The Association

Original Language Title: Nghị định 33/2012/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định 45/2010/NĐ-CP ngày 21 tháng 04 năm 2010 của Chính phủ quy định về tổ chức, hoạt động và quản lý hội

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The base order No. 102/SL/L004 on 20 May 1957 enacted legislation regulating the right of Assembly;

Pursuant to the law on organization of the Government of 25 December 2001;

Bases of the civil code on June 14, 2005;

According to the recommendation of the Minister of the Interior;

The Government issued the decree amending and supplementing a number of articles of Decree No. 45/2010/ND-CP on April 21, 2010 the Government regulations on the Organization, operation and management of the Association (hereinafter referred to as the Decree No. 45/2010/ND-CP), article 1. Modifying, supplementing a number of articles of Decree No. 45/2010/ND-CP 1. Point b Paragraph 6 article 6 is modified and supplemented as follows: "b) complete profile please allow establishment under the provisions of article 7 of Decree 45/2010/ND-CP. After preparatory work is completed, the Board of Association lobbying Association sent a record to: Department of the Interior for active ranges the country or the province; The Department of the Interior for the society to have the scope of activities in the province, district, commune; The interior room (in the case of the people's Committee Chairman granted the authorization for the Chairman of the Committee established at district level people's Congress has the range of activities in the commune).

Ban campaigning self association dissolved when the Congress elected the society's leadership. "

2. Article 9 is amended and supplemented as follows: "the competent State agencies provided for in article 14 of Decree 45/2010/ND-CP DATED receipt of application for permission to establish the Association must have a receipt. Within thirty working days from the date of receipt of full, legal, authorized State bodies have the responsibility to consider and decided to allow the establishment of the Association; the case does not agree to answer in writing and stating the reason ".

3. Article 13 is amended and supplemented as follows: "1. the competent State agencies provided for in article 14 of Decree 45/2010/ND-CP of the decision approving the Charter when the Charter was passed Congress.

2. within thirty working days from the date of the Congress ends, the society leaders sent a record to report results the General Assembly according to the provisions of article 12 of Decree 45/2010/ND-CP and the text approved by the Council Charter proposal to the competent State agencies provided for in article 14 of Decree 45/2010/ND-CP.

3. within thirty working days from the date of the full profile, legally prescribed in paragraph 2 of this article, the competent State agencies provided for in article 14 of Decree 45/2010/ND-CP decided to approve the Charter.

Society Charter case contents are not consistent with the provisions of the law, the competent State agencies provided for in article 14 of Decree 45/2010/ND-CP has the right to refuse the request and approval, Guide complete Association Leadership Council Charter in accordance with the law.

4. The Charter Conference in effect since State agencies have the authority to decide on approval ".

4. Supplement Article 25a after article 25 as follows: "article 25a. Procedures, records Division, split; merger; Merge Assembly 1. The separation, separation; merger; Merge Assembly follow the provisions of the civil code, Decree No. 45/2010/ND-CP, the relevant legal provisions and resolutions of the General Assembly.

2. Procedure of divide, split; merger; Merge: a) the society made the separation, separation; merger; Merge send directly or by post a record as defined in paragraph 3 of this article to the competent State agencies provided for in article 14 of Decree 45/2010/ND-CP and State administration in the field of Assembly operations;

b) within a period of thirty days from the date of receipt of full, legally competent State agencies provided for in article 14 of Decree 45/2010/ND-CP DATED look, decided to allow the separation, separation; merger; Merge;

c) The Festival divided, merged, merge (unless a separate assembly) cease to exist and operate after the decision of the competent State bodies provided for in article 14 of Decree 45/2010/ND-CP allowing split, merge, merge. The rights and obligations of the Association divided, merged, merge to be transferred to the new society. With regard to the case of separation of the society, the society split and the establishment of the new split the society to jointly take responsibility for the rights and obligations of the Association before the split.

3. The records Division, separation, merger; incorporated associations, including: a) petition divided, separated, merged; Merge (original);

b) project to divide, separate, incorporated; merge, in the project must have resolved the property, finance, labor, delineate the functions, powers, activities and areas of responsibility, obligation to implement (original);

c) resolution of the Congress of the Assembly on the divided, separated, merged; Merge (original);

d) draft new Charter due to split, split; merge, merge;

DD) list of the provisional leadership of the newly formed by the split, split; merger; merged Assembly. The provisional leadership elected by the Congress, the number of members by the Congress decision, the provisional leadership self dissolve after Congress elected leadership of the Association;

e) resume and criminal vote of the head of the provisional leadership Committee (original);

g) expected confirmation text based of the new formation split, split, merge; Merge (original).

4. seal revocation revocation of the seal for the Assembly divided, merged, amalgamated cease to exist, the operation after a decision of the competent State bodies provided for in article 14 of Decree 45/2010/ND-CP is made according to the provisions of the law on the management of , use the seal and the provisions of relevant laws.

5. Organization and approved the Charter established by the Association divided, split; merger; amalgamated society of a) within a period of thirty days from the date of the decision of the competent State bodies provided for in article 14 of Decree 45/2010/ND-CP allowing divided, split; merger; merge, the new society was formed to organize the Congress to pass the content specified in article 11 of Decree 45/2010/ND-CP.

b) The new society was formed by the split, split; merger; combined set a record as defined in article 12 of Decree 45/2010/ND-CP submitted competent State agencies provided for in article 14 of Decree 45/2010/ND-CP for review, approval of its Charter. "

5. Article 27 is amended and supplemented as follows: "article 27. Responsibility of the Board of the Association when the self-dissolution 1. Established dissolve the self profile, including: a) petition to dissolve the society (original);

b) the resolution to dissolve the Association (original);

c) asset, financial statements (originals);

d) expected by the method of disposal of assets, financial, labor and the time limit for payment of the debts (original).

2. the time limit for notification of debt payment (if any) for organizations and individuals concerned according to the provisions of the law on five consecutive numbers in the central message for active ranges the country and province, five consecutive numbers in the local newspapers for having the scope of activities in the province.

3. Solve the financial assets, as defined in clause 1 article 31 of Decree 45/2010/ND-CP and the provisions of relevant laws.

4. within thirty working days from the order dissolved according to the provisions of article 26 of Decree 45/2010/ND-CP, the implementation of the provisions in paragraph 2, paragraph 3 of this article and posted a record specified in paragraph 1 of this article to the competent State agencies provided for in article 14 of Decree 45/2010/ND-CP and State administration the main field of activity the Association. "

Article 2. Repeal of regulations 1. Deregulation in paragraph 3 article 7 of Decree 45/2010/ND-CP.

2. Annul the provisions of article 4 and article 11 circular No 11/2009/TT-BNV on November 26, 2010 by Interior Ministry detailing the implementation of Decree No. 45/2010/ND-CP.

Article 3. Effective enforcement of this Decree in effect enforced since June 1, 2012.

Article 4. Responsible for implementation 1. The Minister of the Interior, in coordination with the relevant Ministers to guide the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.