Based on the Constitution of the Socialist Vietnam Cộnghoà 1992 đãđược modified, supplemented by Nghịquyết No. 51/2001/QH10 on 25 December 2001 of the Xth session, Quốchội 10;

This law regulates vềhợp.      

 

Chapter I GENERAL PROVISIONS Điều1. The cooperative the cooperative economic organization is tậpthể due to the individual, household, legal entities (hereinafter gọichung is the commune members) need, common interests, self-nguyệngóp capital, contribute established under the provisions of Luậtnày to promote the collective strength of the từngxã participants cooperative, together helping each other make there hiệuquả production operations vànâng business lives, physical, spiritual, economic development gópphần-society of đấtnước.

Cooperative activities such as mộtloại business, has legal personality, self, self responsible for the tàichính service within the capital, capital area of luỹvà the other capital of the hợptác commune in accordance with the law.

 

Điều2. Violations of this Law regulations adjustment viđiều việcthành up đốivới activities, organizations and cooperatives in the disciplines, fields of national economic nềnkinh.

 

Điều3. The policy of the cooperative with nướcđối 1. The State made the key sáchsau here for cooperatives: a) the enactment and implementation of the policy, the cácchương process of cooperative development assistance vềđào create officers; human resource development; land; Finance; credit; construction of hỗtrợ cooperative development fund; applied vàcông science technology; marketing and expand the market; development investment in infrastructure; tạođiều to the đượctham cooperative program developed socioeconomic hộicủa State;

b) encouraged and kiệnthuận benefit to cooperative development;

c) ensures a lývà production conditions, the business of social equality with hợptác type nghiệpkhác;

d) protection of the rights and interests of the cooperative hợppháp under địnhcủa law;

DD) respecting the autonomy, tựquyết, responsible of xãtrong cooperation in manufacturing, business;

e) Not interfere with the internal management côngviệc and hợppháp activities of the cooperative.

2. for the agricultural cooperatives, the Government specified ưuđãi policy consistent with particularity and level pháttriển in each period.

 

Điều4. Explanation of terms in this Act, the words dướiđây is understood as follows: 1. the minimum capital of tiềnhoặc is the value of the property, including the price of the land use rights trịquyền hữucác inventors, inventions, know-how, techniques and loạigiấy other đượcquy out the money that members are required to contribute to the Township when his nhậphợp.

2. To contribute is the town participants build dựnghợp farming under manage my direct forms of labor, manufacturing, trading, consulting and other forms of participation.

3. Capital stock of social capital is hợptác due to the vàđược contributors to write to the Township Charter cooperative.

4. The icon of the sign of private xãlà cooperation each cooperative to separate features of the phảnánh cooperative vàphân cooperative difference that with the cooperative vàdoanh.

5. service of đốivới cooperative Town Park is supply activities for staff, supplies and cáchàng Township as a hoặcphi material-material that the user needs and the Township is charged tiềncho cooperative.

6. use the vụcủa level is the ratio of the value vụmà each member using the Township epidemic of cooperatives in tổngsố value services ứngcho the entire commune member of the cooperative.

7. economic commitments between partnered xãvà Town Park is the economic constraints between hợptác town and commune members.

 

Điều5. Chứcvà nest principle activities of cooperatives or cooperative organizations and the active độngtheo the following rules: 1. Voluntarily: individuals, households, giađình legal person eligible according to the provisions of this law, the rate thànhĐiều spreads the cooperative has the right to nhậphợp family farming; commune members have the right to go to the cooperative under the địnhcủa cooperative Charter;

2. Democracy, equality and publicity: xãviên have the right to participate in management, inspection, monitoring and hợptác are right in voting; take the opening direction hiệncông the production, trading, finance, distribution and other matters quyđịnh in cooperative Charter;

3. Self-reliance is responsible for nhiệmvà mutual benefit: cooperative autonomy and self-chịutrách of the sảnxuất results, business; decide on phốithu.

After done nộpthuế obligations and cover the losses of the tácxã, the interest rates are quoted in part on the work of social củahợp Fund, part divided by capital and the town of sứcđóng, the rest divided Town Park theomức degrees use the services of hợptác commune;

4. Cooperation and development cộngđồng: commune member must consciously uphold the essential thầnxây up and cooperate with each other in hợptác town, in the social community; cooperative giữacác cooperation within the country and abroad in accordance with the law.

 

Điều6. Rights of hợptác cooperative Township has the following rights: 1. The choice of production lines, the business that the law does not prohibit;

2. thứcvà shape decision structure of production, business củahợp farming;

3. direct export, nhậpkhẩu or venture, links with organisations, individuals and organizations, personal nướcngoài to expand production and sales, according to the provisions of the law;

4. Employment in high Park Township case does not meet the đượcyêu demand, production of theoquy cooperative business law;

5. Determine the loading of viênmới Township, settled the town staff out cooperative, khaitrừ củaĐiều rate provisions under the social cooperatives;

6. decision on the distribution of income, handle the losses củahợp farming;

7. The decision to reward nhữngxã Park has many achievements in the building of triểnhợp and farming; enforce discipline the offending member Township cooperative Charter; the quyếtđịnh member must indemnify cácthiệt Township harm was caused to the cooperative;

8. Loans of credit organizations and mobilize other sources of capital; the internal organization of the tíndụng under the địnhcủa law;

9. Protected Rights industrial sởhữu in accordance củapháp law;

10. Refuse the request of the Organization, individuals are contrary to the provisions of the law;

11. Complaints of violations of the rights and interests fit phápcủa cooperatives;

12. Other rights under quyđịnh of the law.

 

Điều7. Obligations of the hợptác cooperative Township has the following obligations: 1. production, trading correct lines, the registered items;

2. Make the right quyđịnh of the law on accounting, auditing & thốngkê;

3. Pay taxes and perform other financial nghĩavụ in accordance củapháp law;

4. The conservation and development of the cooperative House of unAmerican activities capital; dụngđất and management of State Affairs by law theoquy;

5. Is responsible for the definition of the main vụtài in the range điềulệ capital, capital accumulation and other capital củahợp farming under the provisions of the law;

6. environmental protection, environmental, historical, cảnhquan-quốcphòng works and cultural security, as defined by phápluật;

7. Ensure the right of the xãviên and made the commitment for economic vớixã;

8. Perform other obligations employees directly độngcho Park Township đốivới cooperatives and workers due to the combination of tácxã rent under the provisions of the law on labour; encourage and facilitate labour đểngười became the commune members;

9. social insurance premiums getting buộccho is personal and social workers do việcthường regularly for the cooperative as defined củaĐiều the cooperative rules in accordance with the law on insurance địnhcủa; chứccho nest Park Township not subject on taking part in voluntary social insurance just shut. Key phủquy on the bảohiểm social cooperative members Township;


10. Take care of the education, training, bồidưỡng, raise the level of understanding củaxã staff, to provide information to all Member Township area of cựctham cooperative building;

11. other obligations theoquy by law.

 

Điều8. The name, tượngcủa cooperative the cooperative was named tựchọn and their matching icons vớiquy by law.

Seal, signs, the Fox and the thứcquảng of tácxã transaction papers must have the symbol "HTX".

Name, icon (if available) of the hợptác commune must be registered at the competent water quannhà and bảohộ under the provisions of the law.

 

Điều9. Political organization and socio-political organizations in cooperative political organization and socio-political chứcchính in the active độngtrong the framework of the Constitution, the laws and the theoĐiều of his vớiquy fit organization by law.

 

CHAPTER II ESTABLISHMENT And REGISTRATION Of COOPERATIVE BUSINESS Điều10. Founding member 1. Founder's personal legal đìnhhoặc households, initiated the establishment of the hợptác and join the cooperative.

2. Founder written reports bảnvới people's communes, wards Committee, (hereinafter referred to as the people's Social Committee) where the headquarters of the dựđịnh tácxã on the establishment, the điểmđóng headquarters, production trends, business and work plans of the hợptác commune.

3. the founding members undertook advocacy, mobilization of individuals, households, else legal cooperative engagement needs; phươnghướng construction production, business; the draft Điềulệ and promotion of cooperative work needs thiếtkhác to organize the Conference established the hợptác commune.

 

Điều11. The Conference lậphợp farming 1. The Conference established the cooperative dosáng founded the organization. Participants include founders and hộinghị individuals, households, other legal giađình have aspirations to become the commune members.

2. The Conference discussed and thốngnhất about the direction of production, business; action plan of the hợptác commune; the draft Charter the cooperative; the name, biểutượng (if any) of the cooperative and established run iNAND. Township

3. The Conference discussed and biểuquyết according to the majority of the đềsau: a) through the list of communes; lượngxã number of members from 7 upwards;

b) through the Charter, rules and social hợptác;

c) decided to establish haykhông own established management and own the cooperative điềuhành.

As for the establishment of cooperative management of medium-sized machine fuckin' costume. are bầuBan management and Chairman; The Chairman is Chief Township hợptác management; decided the number of Vice nhiệmhợp.

For cooperative lậpriêng management apparatus and apparatus are bầuBan and Chairman of the Management Board in the sốthành member of the Board of Trustees; the decision to elect the Chairman of the hoặcthuê cooperative; sốlượng decision Deputy cooperatives;

d) Elected Control Board and Chairman of the Bankiểm control of members of the Control Board;

DD) through the minutes of the meeting thànhlập cooperative.

 

Điều12. Hợptác Social Charter 1. Every cooperative has the lệriêng Thing. Phảiphù cooperative statutes to the provisions of this law and other legal cácquy.

2. cooperative Charter has the following principal nộidung: a) the cooperative Name, the social partners củahợp icon (if available);

b) củahợp headquarters address farming;

c) production lines, business;

d) regulations on the subject, conditions, procedures to join the xãvà cooperation out of cooperative members;

DD) the provisions on the rights, responsibilities and obligations of members;

e) principles and tượngđóng for compulsory social insurance;

g) capital of hợptác commune;

h) minimum capital: the level of contributions, hìnhthức contributions, the duration and conditions of trảlại capital of the commune;

I) and thứchuy funding authority;

k) pay guidelines, handle khoảnlỗ; divide the interest rate under contributed capital, according to the sứcđóng contributed by members and by the township level of use dụngdịch service of the cooperative; extract, lývà use management cooperative funds;

l) Can manage, use, preserve and handle the common assets, accrued capital of the cooperative when active xãđang cooperation and cooperatives dissolved;

m) structure of management hợptác commune; the functions, rights, duties and responsibilities for the Board nhiệmcủa, head of the Board, the Chairman of the cooperative, the Board of control, TrưởngBan control and the parts for the hợptác commune;

n) legal representative of the cooperative;

o) hộivà University compliance through decisions of the Congress of xãviên;

p) mode handles cooperative Charter viphạm and giảiquyết principles of internal disputes;

q) Protocol modified the Điềulệ cooperative;

r) other regulations decided by hộixã staff but not left vớiquy law.

3. When revising the Charter hợptác commune, the cooperative must send the Charter sửađổi have attached the minutes of Council members Township củaĐại to have business registration certificate cấpgiấy for hợptác.

4. The Government issued dẫnxây construction direction Form the Charter of agricultural cooperatives, people use quỹtín and non-agricultural cooperatives.

 

Điều13. Đăngký business profile business registration records include: 1. the business registration form;

2. cooperative Charter;

3. The number of communes, quảntrị Board list, Control Board of the cooperative;

4. The minutes had passed in the nghịthành Society founded the cooperative.

 

Điều14. Where registration, importing 1. Cooperative business registration business registration tạicơ granted cấphuyện or province where the cooperative intends to đặttrụ, depending on the specific điềukiện of the cooperative.

2. legal representative of sẽthành cooperative set up filing of business registration business registration tạicơ has chosen and is chịutrách about the accuracy and honesty of business registration hồsơ.

 

Điều15. Chứngnhận business registration certificate level 1. Cooperatives be granted giấychứng business registration when there is enough cácđiều: a) Has a valid business đăngký record under địnhtại of this law, article 13;

b) production lines, no prohibition law màpháp business;

c) name, logo (I said evenif you) of the cooperative provisions of article 8của of this Law;

d) have the capital. For vớihợp farming business lines that the Government had địnhphải capital lệkhông capital is lower than the capital;

DD) Filed enough business đăngký fee as prescribed.

2. The grant, refuse to grant registration giấychứng and business điểmhợp farming started operation nhưsau: a) within a period of ten lămngày from the date of receipt of application hợplệ, the business registration agency must consider hồsơ and importing registration certification for cooperatives; the case rejected thìphải reply in writing;

b) the cooperative has legal personality and has quyềnhoạt since the day was cấpgiấy business registration certificate; đốivới the business lines have kiệnmà registered cooperatives operate, the business was hợptác the lines that kểtừ day be thẩmquyền State agency granted a business license or business event đủđiều specified by phápluật.

3. in case khôngđồng the decision to refuse registration of business cấpgiấy củacơ business register regulation in khoản2 this, the French representative will establish cooperative luậtcủa have khiếunại rights to competent State agencies quyềnhoặc in the Court under the provisions of law củapháp.

 

Điều16. Branch, phòngđại interface and củahợp affiliated enterprise farming 1. The cooperative has the right to open branches and representative offices in the country vànước. The order, the procedure to open a branch, representative office under the Government's General quyđịnh for mọiloại business.


2. Cooperatives are the lậpdoanh enterprises under quyđịnh of the law.

 

CHAPTER III Điều17 PARK TOWNSHIP. Park Township, trởthành conditions 1. Vietnam citizens from eighteen tuổitrở up, has the capacity for civil acts đầyđủ, has contributed capital, contribute, approve, voluntary social work lệhợp Thing please join cooperatives can become the commune members.

Officials and public servants are giahợp farming as theoquy Park Township of xãnhưng cooperation Charter was not directly issued vàđiều cooperative management.

2. Household, legal entities can trởthành the prescribed rate củaĐiều Park Township cooperative. When taking hợptác town, household, legal personality is sent ngườiđại an eligible nhưđối with the individuals involved.

3. Personal, household, legal has thểlà members of the Township many cooperatives in cooperative school of hợpĐiều rate not prohibited.

 

Điều18. Rights of members members have rights to Township Township the following: 1. Be priority work for the hợptác and the laođộng to be paid under the provisions of the Charter the social hợptác;

2. Enjoy the interest rate divided by theovốn contribution, effort and contribution according to the degree of sửdụng of service cooperatives;

3. Be cooperative to provide cácthông technical-economic information needed; are cooperative training organization, bồidưỡng and enhance professionalism;

4. Enjoy the benefits of hợptác commune; are cooperatives made the Orange kếtkinh;

5. Be rewarded when nhiềuđóng in the construction and development tácxã;

6. the Congress members or bầuđại denote Township Congress Member, Township dựcác meeting to discuss Township and the quyếtcông of the cooperative;

7. Nomination, election to the Board, the Chairman of the cooperative, the Control Board and the other elected chứcdanh of the cooperative;

8. Proposed comments with Banquản, Chairman of the cooperative, the cooperative's Board of kiểmsoát and ask to be trảlời; require the Board of Trustees, Chairman of the hợptác commune, Control Board to convene an extraordinary Congress of the xãviên as defined in article 21 of this Law khoản4;

9. the transfer of capital and the benefits, obligations for others theoquy of the Statute of the cooperative;

10. Please theoquy cooperatives out of the Statute of the cooperative;

11. capital gópvà the returned as địnhcủa benefit cooperative Charter and the law there liênquan in the following cases: a) cooperatives;

b) is personal Township killed, missing, civil behavior or force mấtnăng bịhạn built the capacity for civil acts;

c) Commune Member's households do not have ngườiđại an eligible under the provisions of article lệhợp farming;

d) is legal Township was dissolved, phásản or no đủđiều event delegates as defined củaĐiều the cooperative rules.

In the case of tạicác provisions point b, c and d of paragraph 11 of this, which gópvà the other benefits of the members for the trảlại Township are eligible thừakế or guardian for this Park Township, as prescribed by law.

 

Điều19. Củaxã Service staff member Township the obligations are the following: 1. the observance of the Charter, the cooperative rules, the resolutions of the Đạihội commune;

2. Capital contribution under the địnhcủa cooperative Charter; gópkhông capital levels exceed thirty percent vốnđiều of the cooperative;

3. Solidarity, collaboration between xãviên, advanced academic levels, contribute to cooperative development thúcđẩy;

4. Implementation of economic commitment vớihợp farming;

5. Within the scope of his vốngóp, the same responsible for the khoảnnợ, risk, damage, losses củahợp farming;

6. Compensation for damage caused to the domình cooperative địnhcủa under the Charter the cooperative.

 

Điều20. Termination of the tưcách commune member 1. As a member terminates in trườnghợp Township: a) individual Member Township dead, missing, the force acts or civil mấtnăng was chếnăng the force of civil behavior; commune members are đìnhkhông households have sufficiently representative điềukiện under the provisions of the Charter the social hợptác; Park Township is the legal person is dissolved, bankrupt hoặckhông have điềukiện enough delegates according to the provisions of the Charter the social hợptác;

b) Commune members have been cooperative in accordance nhậnra củaĐiều rate of the cooperative;

c) Commune members have moved out capital vàcác rights, obligations for ngườikhác under the provisions of the Điềulệ cooperative;

d) were members of the Congress members Township Township khaitrừ;

DD) other circumstances specified by the Điềulệ cooperative.

2. The resolution of the right to lợivà with trườnghợp in township prescribed in paragraph 1 of this article the cooperative rules doĐiều rules.

 

CHAPTER IV ORGANIZATION And MANAGEMENT Of The COOPERATIVE Điều21. The General Assembly xãviên 1. The Congress of Vienna Township has the right quyếtđịnh of the cooperative.

2. There are many cooperative members have held thểtổ Township Congress deputies election; Township, commune members going to the Park by the Township deputies Đạihội Charter hợptác regulatory Township. Biểuxã Congress Park and Congress Park Township as a whole (hereinafter gọichung to as the Congress of Vienna Township) has the same task quyềnvà.

3. The Congress of Member kỳhọp Township every year trịtriệu by volume within three months, ever since the Windows key in settlement từngày.

4. The Congress of Member Township Board or thườngdo any control Board of hợptác commune convened to decide the title nhữngvấn needed to exceed the powers the Board or of the Supervisory Board.

In the case of at least three members of the same Township total mộtphần there cầutriệu love menu set the Congress members sent đếnBan Township administrator or Control Board, then in the hạnmười-five days from the date of the đủđơn, the Board must convene an extraordinary Park Township, Đạihội; If the time that hạnnày the Board did not convene the Board kiểmsoát to convene the Congress of Member bấtthường Township to đềnêu issues in the application.

Điều22. Contents of the Đạihội commune staff member Township Congress discussed vàquyết the following issues: 1. the standard rules when cooperative thamgia Township;

2. the production situation reporting, the business of the cooperative trongnăm, củaBan activity report management and of the Supervisory Board;

3. public finance report, expected phốithu fertilizer import and handle holes, the khoảnnợ;

4. hoạchsản design, production and trading;

5. Minimum capital; increase, decrease vốnđiều; thứchuy and local authority funding;

6. Determine the value of the property of the cooperative under the provisions of this Law 35 3 tạikhoản;

7. Distribute the interest rate according to the vốngóp, effort and contribution level of used of dụngdịch service of the commune; the Foundation of the hợptác commune;

8. To establish or not to establish private bộmáy private management and cooperative operating apparatus according to the provisions in point c khoản3 article 11 of this Law;

9. Vote, dismissed the Board of Trustees, Secretary of the Board of Trustees, the Board of control, TrưởngBan control;

10. Through the social membership initiation mớivà for civil staff out cooperative; opening decision trừxã;

11. Reorganization, dissolution of hợptác commune;

12. Modifying the Charter, Nộiquy cooperative;

13. The level of remuneration and bonus for lươngvà money management Chief trịvà other members of the Board, owner of the nhiệmvà cooperative, Deputy Head of kiểmsoát, the other members of the Control Board and the danhkhác of the cooperative;

14. The đượchợp object author and social insurance theochính Township book compulsory social insurance of Nhànước;

15. other matters by the Board quảntrị Control Board, or at least a phầnba total members Township proposal.

 

Điều23. Địnhvề rules the number of delegates and the Congress of Vienna Township quyếttrong 1. The Congress of Vienna Township must have at least nhấthai third biểuxã University staff member or township attend; the case is not enough sốlượng to postpone the great Park Township, hộixã; The Board or Control Board is triệutập back to the Congress of Vienna Township.


2. Decide on this page đổiĐiều, reorganized, hợptác was dissolved through when there are at least three phầntư the total number of communes or xãviên delegates present at the Congress voted on tánthành. The decision on the other twenty passed when there is too a phầnhai total delegates available in Đạihội voted approval.

3. The voting in Đạihội commune and the extra non-Township thuộcvào meeting of capital or the position of the hợptác Township. Each Member or members biểuxã University Township have only one voting.

Điều24. Announcing the latest member Township Council tậpĐại million was mườingày, before the opening of the Congress of Vienna Township, the Agency convened the Congress is thôngbáo time, vàchương the meeting locations for each Congress Member Township hoặcđại Township logo. Park Township Congress discussed and recorded trongchương problems quyếtđịnh the Congress and the đềphát b. when at least one third of the total number of viênđề Township.

 

Điều25. Hợptác 1 Township Board of Trustees. Cooperative management is cooperative management bộmáy by the Congress members, including the head of bầutrực Township Board of Trustees vàcác other members. The number of members of the Management Board of trịdo cooperative Charter provisions.

2. the Management Board's term of trịhợp farming due to Charter the cooperative rules địnhnhưng a minimum of two years and maximum of five quánăm No.

3. cooperative Board meeting ítnhất once a month by the head of Department quảntrị or Board members are uỷquyền convened and chaired. Hợptác Board meeting extraordinary Township when a part bathành member of the Board or head of Department quảntrị, head of the Supervisory Board, the required cooperative Chủnhiệm. The họpcủa cooperative management is valid when cóít for two-thirds of the members of the Management Board of trịtham. Cooperative management of unAmerican activities according to the principles of collective thểvà by majority decision. Combined vote in high numbers tánthành and equal disapprobation, the expression quyếtcủa has the party votes to host the meeting is quyếtđịnh.

 

Điều26. Standards and điềukiện Board member cooperative Board Member phảilà Member Township, have good moral qualities, with qualifications, capacity management cooperative.

Board members do not đồngthời is the Control Board members, Chief Accountant, Treasurer of the cooperative and is not the father, mother, spouse, children, siblings, brother of them; the standards and other conditions (if any) the cooperative rules doĐiều rules.

 

Điều27. Lậpmột the cooperative management of the operating medium medium 1. The Board has the right and the nhiệmvụ: a) appointed, Deputy chủnhiệm the cooperative by nghịcủa Chairman of the cooperative;

b) the appointment, resignation and termination of rental hoặcchấm hire Chief Accountant (if the cooperative has this title);

c) decide the structure of the UK professional parts service củahợp farming;

d) Organization make the quyếtcủa Congress members Township;

DD) prepare reports on design hoạchsản business, capital mobilization and phốilãi of the cooperative, active management củaBan report the social Congress;

e) prepare the sựcủa agenda and township Congresses convened Đạihội commune;

g) review the results of production, the business of the cooperative; Browse the tàichính settlement reports for submission to the Congress of Vienna Township;

h) made the quyềnvà obligations of the cooperative tạiĐiều rules 6 and article 7 of this law;

I) reviews the new township and the giảiquyết work out cooperative Park Township (except trườnghợp expels commune members) and hộixã to report through;

k) represents property hữutài property of the cooperative and the business users thuộctrong the case of cooperative enterprises;

l) test, reviews of work củaChủ and the Vice Chairman of the cooperative under the decision of the Board of quảntrị;

m) responsible for the quyếtđịnh of the first xãviên Congress and before the law;

n) the rights and duties defined by the cooperative Điềulệ.

2. The Chairman of the cooperative has the following mission: quyềnvà a) cooperative representatives under the law;

b) perform production planning, business executive and the daily work of hợptác commune;

c) Organization made the quyếtđịnh of cooperative management Boards;

d) appointment, dismissal, côngcác titles in cooperative management Board, under the authority of title trừcác Đạihội commune members and cooperative management;

DD) signed the contract for nhândanh cooperatives;

e) Process report nămlên financial cooperative management;

g) recommended to the Governing Board of the basic layout variant trịvề cấutổ cooperative organizations;

h) laođộng recruitment, except in the thẩmquyền of cooperative management Boards;

I) other rights are attributed địnhtại cooperative Charter, resolution củaĐại Association of communes;

k) responsible to the social Đạihội and the management of the việcđược;

When absent, the owner of the right nhiệmuỷ for a Deputy or Executive Board Member mộtthành job củahợp.

 

Điều28. Hợptác established own Township management apparatus and apparatus điềuhành 1. The Board has the right and the nhiệmvụ: a) the appointment, resignation and termination of rental hoặcchấm rental home hợptác under resolution of Đạihội Township, commune members;

b) appointed, dismissed the Vice chủnhiệm cooperatives under the title nghịcủa Chairman of the cooperative.

In addition to the rights and duties trênđây, cooperative management Board also has the right to nhiệmvụ, defined in points b, c, d, e, f, g, h, i, k, l, m and n Luậtnày's article 27 paragraph 1.

2. Head case management tácxã rights and duties: a) cooperative representatives under the law;

b) programming, hoạchhoạt of the Board of Trustees;

c) convening and chairing the Board of họpcủa, the Congress of Vienna Township;

d) responsible to the social Đạihội and the management of the việcđược;

DD) Signed the decision of Đạihội commune members and management;

e) the rights and duties defined by the cooperative Điềulệ.

3. The Chairman of the cooperative has the following mission: quyềnvà a) unAmerican activities plan production, operating and business daily cáccông of the cooperative;

b) Organization made the quyếtđịnh of cooperative management Boards;

c) signed the contract on behalf of the hợptác by the Township Board of Trustees authorized cooperatives;

d) Process report nămlên financial cooperative management;

DD) recommended to the Board of quảntrị about trícơ father approach organized cooperatives;

e) recruitment laođộng Board's authorization hợptác commune;

g) other rights are attributed địnhtại cooperative Charter, resolutions or sociological củaĐại staff hợpđồng signed with the management case tácxã.

When absent, the owner of the right nhiệmủy for a Deputy điềuhành the work of the cooperative.

The case of the Chairman of the hợptác town is town park or Board members tácxã the case apart to make full đủcác rights and duties of the Chairman of the hợptác commune under the provisions of this Article, must thựchiện the rights and obligations of members of the Management Board hoặcthành Township cooperative.

Where the nhiệmhợp farming is the real hiệnđầy to hire enough rights and cooperative mission củaChủ task specified in Điềunày and in hợptác the Chairman of the rental contract. Nhiệmhợp owners commune was involved in the meetings of the management củaBan and the Congress of Vienna Township, but voting OPS and not other rights of membership đượchưởng, quảntrị Board member cooperatives.

 

Điều29. Control Board 1. Control Board is the polygraph and monitoring all activities of the cooperative in accordance with the law and Charter hợptác.


2. Control Board due to viênbầu Township Congress directly. The number of Board members kiểmsoát by the cooperative Charter provisions; hợptác town has less members can elect only one township, check out soátviên.

3. standard nhưtiêu standard control board member Board members. Kiểmsoát Board members not be simultaneously a member of Ban quảntrị, Chief Accountant, Treasurer of the hợptác and not the father, mother, wife, husband, son, brother, their siblings.

4. The term of the Board of control under the term of the Board.

 

Điều30. Rights and responsibility vụcủa Control Board Control Board has the right and responsibility of vụsau: 1. check the actuator Điềulệ, the cooperative rules and civil society củaĐại resolution;

2. Monitoring the functioning of the Board of quảntrị, the Chairman of the cooperative and civil staff theođúng law and Charter rules, hợptác commune;

3. check on finance, accounting, income phânphối, handle the losses, use of the cooperative Foundation opens, use the vốnvay property, and the support of the State;

4. Receiving the complaint, tốcáo related to the work of the cooperative; giảiquyết or petitioning the authorities decided in accordance củaĐiều rate quyềngiải cooperatives;

5. Attend the meetings of the Board of quảntrị;

6. reporting the test results for the Board of the cooperative quảntrị and report before the great hộixã; recommendations to the Board, cooperative Chủnhiệm overcoming the weak kémtrong of business, production cooperatives and giảiquyết the violation of the Charter, rules and social hợptác;

7. request the quantrong cooperative who provides documents, books, chứngtừ and the information needed to check the work phụcvụ but not sửdụng material, information on other purposes;

8. Prepare sựvà agenda convened the Congress of Vienna Township real thườngkhi have one of the following cases: a) When there are violations of the law, Điềulệ, the cooperative rules and resolutions củaĐại Assembly Member, Township Board of supervisors has asked the admin màBan not make or hiệnkhông have the results of preventive measures;

b) management is not unusual Member Township Council tậpĐại million theoyêu of the town park prescribed in clause 4Điều of this Act 21.

 

Chapter V FINANCIAL And PROPERTY Of The COOPERATIVE Điều31. Capital of the commune members 1. When joining the cooperative, commune members phảigóp of capital as defined in article 19 of this Law khoản2.

May Township, which is mộtlần from the beginning or more times; the level, form and time limit which is specified by the lệhợp Thing farming.

The minimum capital level đượcđiều adjust according to decision địnhcủa Congress of social members.

2. be trảlại Township Fund in the case of regulations địnhtại the points a, b, d and DD account 1 Điều20 of this law.

The return of capital contributed by xãviên based on the financial status of the social hợptác at the time of the return of capital saukhi cooperative settlement giảiquyết years and has already done the benefits, obligations of tếcủa town for the cooperative. Form, the time limit for the return of capital contributions by Member Điềulệ Township cooperative regulation.

 

Điều32. Mobilization of capital 1. Cooperatives are ngânhàng and loans financed by other forms prescribed by the law.

2. Cooperative capital độngbổ were contributed by commune members under quyếtđịnh of the Congress of Vienna Township.

3. Cooperative is received and sửdụng capital, State subsidies, củacác organizations, individuals in and out of the water by the parties under the provisions of phápluật and thoảthuận.

 

Điều33. Active capital độngcủa Capital củahợp operating cooperative farming is formed from củaxã, capital of accrued capital owned by hợptác and the other legal capital to integrate alternative.

The capital operation of social hợptác is managed and used according to the provisions of this law, the other law quyđịnh and hợptác rules.

 

Điều34. The Foundation of the social hợptác 1. The cooperative must play triểnsản funds and reserve fund of the Government of theohướng; the other Fund doĐiều the cooperative rules and viênquy Township Congress plan to suit the conditions of cụthể of each cooperative. Thểtrích tools rate established by the Congress of Vienna Township funds quyếtđịnh.

2. purpose, manage my method and use of funds by cooperative Điềulệ cooperative regulation.

 

Điều35. Property of hợptác 1 Township. The property owned by the hợptác commune is formed from độngcủa operations equity cooperative.

2. The management, using the sảncủa cooperative are made according to the provisions of article lệhợp farming and the rule of law has liênquan.

3. in the cooperative financial sảnchung parts, including the production of works, works of culture, social welfare, public service hạtầng structure for the community population of cưđược formation from the sảnxuất Development Fund, a welfare fund of cooperative, the nguồnvốn by State subsidies, gifts tặngcủa, organizations, individuals in the country and abroad.

 

Điều36. Handle property and vốncủa cooperative when dissolution 1. When dissolved, the cooperative is not capital property and Park Township chiacho overall Nhànước subsidies which delivered to the quyềnđịa method.

For capital and General property of the cooperative was hìnhthành from the capital and effort of the commune members, gifts of organizations, individuals and foreign trongnước by decision xãviên Congress.

2. the capital of the commune members with trịquyền land use and land price by nướcgiao for cooperative use is processed in accordance with the law vềđất the belt.

3. after paying off the debt vàcác costs for the dissolution of the cooperative, the xửlý property, capital, another hedge fund remains of hợptác commune is made theoquy in this article, the provisions of the relevant law kháccủa and hợptác rules.

 

Điều37. Distribution of interest 1. After done nộpthuế obligations, interest of the cooperative was assigned to the following: phốinhư a) Charged to compensate the losses of nămtrước (if any) under địnhcủa tax legislation;

b) created the production Development Fund, reserve fund and other funds of the cooperative; chialãi for civil sứcđóng, industrial capital by contributions of Member Township and the rest divided viêntheo township level using the củahợp service.

2. Based on the results of production, business needs to accrue to developing social hợptác, the Congress of Vienna Township decided to cụthể the rate of annual interest rate distribution on the khoảnmục specified in point b of paragraph 1 Điềunày.

 

Điều38. Handle the losses incurred Losses in the year of the tácxã be deducted from revenues from tiềnđền compensation, compensation of persons related chứccó; If not enough then the offset bằngquỹ backup; If still not enough then the sốlỗ were transferred to the following year's tax law theoquy.

 

CHAPTER VI DISSOLUTION, REORGANIZATION, Bankruptcy HỢPTÁC Điều39 TOWNSHIP. Split, split the cooperative General Association membership quyếtđịnh the Township divided, split a cooperative two cooperative haynhiều.

 

Điều40. Procedure Division, táchhợp farming 1. The management of the cooperative dựđịnh divided, split are: a) Council decision đểgiải the separation, separation of the cooperative. The Council divided, separating the Management Board included trịhợp farming intends to split, split and the ngườiđại of the new dựđịnh cooperatives formed cooperative divided, split. Hộiđồng mission is to discuss, hiệpthương quyếtcác award to the problem related to the split, split hợptác commune; set the application Division, separation of the cooperative; image thànhbộ air management, operator of new cooperatives;

b) build process assets, capital, funds, personnel, organizational, social and labor (including branches, representative offices, in the cooperative) when divided, separated; the building orientation, importing, manufacturing; the draft Charter the new cooperatives; the rights, benefits, obligations and responsibilities củacác the cooperative after the split, split;


c) convene the General Assembly decision viênđể the đềquy Township in point b of this paragraph; tiếnhành the work prescribed in paragraph 2 and article 11 of this Law khoản3;

d) notice in writing to the chủnợ, the organizations and individuals for economic relations vớihợp farming on the decision to split, split giảiquyết and the relevant economic issues đếnhọ;

DD) Submitted registration documents, importing of cooperative divided, split according to the provisions of this củaLuật to the Agency has chứngnhận business registration accompanied by resolution củaĐại the Assembly members on the Township divided, separated case tácxã; the problem-solving approach to the liênquan divide, separating discussed miners creditors, held personal business relations, tếvới cooperative.

2. Within a period of ten lămngày, since the date of the sơchia Lake, separating the business registration agency, has granted giấychứng business registration bằngvăn approval notice or do not accept the thuậnviệc divide, separating the cooperative. Khôngđồng case the decision not to accept the thuậnviệc divide, separating the cooperative has the right to complaint nạiđến the competent State bodies at hoặckhởi địnhcủa under the Court of law.

The business registration agency issued giấychứng registration for cooperative business dựđịnh divide to recall giấychứng registration xãđó cooperation's business after the split; the cooperative was governed must file ngaycon for the competent State bodies.

3. The cooperative branch office, đạidiện or subordinate enterprises when divided, táchphải to notify the business registration agency on việctiếp or độngcủa end of branches, representative offices and enterprises.

 

Điều41. Merge, wax nhậphợp farming 1. Two or more cooperatives may hợpnhất into a new cooperative, by chuyểntoàn the assets, rights, obligations and interests of French íchhợp to the best cooperative, the thờichấm end to the existence of the bịhợp cooperative.

One or several cooperatives can merged into one other cooperatives, by cáchchuyển the entire property, rights, obligations and legal benefit to cooperative mergers, the existence of the thờichấm cooperative bịsáp.

2. the best procedure tácxã proper to be done according to the following quyđịnh: a) the management of the cooperative were hợpnhất to hợpnhất Council formed to expected name, củahợp, the best social work headquarters; and the best điềukiện procedures; process assets, working capital, debt, civil, labor and nhữngvấn of the tácxã outstanding titles were merged into cooperatives incorporated; dựthảo methods of production, business and Điềulệ of the cooperatives incorporated;

b) organized the Congress of Member củahợp, the best farming Township to địnhviệc and through the issue of quyđịnh in point a of this paragraph;

c) establishment registration, the best cooperative conscientiously theoquy defined in article 13 of this law and gửiđến business registration agency;

d) notice in writing to the chủnợ, the organizations and individuals for economic relations vớihợp farming, the best vàphương of the decision solving the related having regard to international hệkinh;

DD) within ten lămngày from the date of receiving the hợpnhất profile, business registration agency must notify bằngvăn a approved or not approved việchợp for registration and business for social hợptác. Where does đồngý with the decision of the agency business đăngký, the cooperative has the right to appeal the State competent đếncơ or khởikiện in the Court under the provisions of law củapháp;

e) after registration, the cooperative hợpnhất have the rights and legitimate interests, are responsible for nhiệmvề unpaid debts, the đồnglao and the obligations of cáchợp farming was incorporated.

3. The procedure of merger of cooperation xãđược follow quyđịnh: a) the management of the cooperative nhậpvà wax merged to formed Hộiđồng merged to its expected merger conditions tụcvà, process lýtài products, capital, debt, social workers, staff độngvà the problems backlog of hợptác town was incorporated; the draft sảnxuất plan, business and cooperative Charter merger;

b) organized the Congress of Member communes baogồm Township, a member of the cooperative merger and củahợp farming Park Township was annexed to decision địnhcác regulation issues at the point of a khoảnnày;

c) notified in writing to the chủnợ, the organizations and individuals for economic relations vớihợp farming vàphương merger of the decision solving the related having regard to international hệkinh;

d) filing, wax nhậpvà thereon the Charter to cooperative business quanđăng to supplement the record hợptác communes merged. Within mườilăm days from the date of the hồsơ merger, business registration agency must report in writing to rathông or not chấpthuận approved the merger. Case khôngđồng the decision of the business quanđăng, the cooperative has the right to complaint nạiđến the competent State bodies at hoặckhởi địnhcủa under the Court of law;

DD) after additional outdoor sơđăng sign cooperative business merger reserves the legitimate vàlợi, responsible for the unpaid khoảnnợ, vàcác labor contract obligations of the cooperative bịsáp.

 

Điều42. The Township dissolved hợptác dissolved collaboration xãđược rules are as follows: 1. voluntary dissolution: in case of dissolution of tựnguyện according to the resolutions of the General Assembly xãviên, the cooperative must send an application for the award of the General Assembly resolutions thểvà Park đếncơ Township business register has registered chứngnhận business for cooperatives local newspaper đồngthời, hợptác active in the Township where three consecutive number of việcxin and the time limit for payment of the debt, the lýcác contract.

Within a period of thirty days, kểtừ on expiry of the debt payment and contract lýcác, nhậnđơn business registration agency to announce approval or positive khôngchấp the dissolution of hợptác town.

Within a period of thirty days, kểtừ days of the notice of dispute thuậnviệc the Agency's dissolution, please post the kýkinh cooperative business to handle capital, Member sảntheo provisions of article 36 of this law, the payment of costs for the dissolution, trảvốn and solve the benefits for viêntheo Township provisions of the Statute of the cooperative;

2. Dissolve required: people's Committee where chứngnhận business registration certificates has the power of dissolution of địnhbuộc for khicó a cooperative in the following cases: a the following twelve-month period), on kểtừ licensed nhậnđăng business that the cooperative is not unAmerican activities conducted;

b) cooperative service độngtrong twelve months;

c) within eighteen months, the non-cooperative organization is Park Township regular Đạihội without reason;

d) other cases theoquy law;

3. the people's Committee decision giảithể established dissolve Council and Chairman of the UK to specify the dissolved cooperative.

The Council dissolved the local newspapers to post Township hợptác where hợptác active Township in three consecutive numbers vềquyết intend to dissolve the cooperative; through báotrình procedures, the time limit for payment of the debt, liquidated the contract, handling of capital assets theoquy defined in Article 36 of this law, trảvốn and solve the other benefits of membership liênquan according to the provisions of article lệhợp.

The time limit for payment of the debt, liquidated the hợpđồng a maximum of one hundred and eight mươingày, from the day of the first alarm sign;


4. From the date of notification Gotan i.m. cooperative dissolved, the business quanđăng has nhậnđăng registered nhậnđăng certificate revocation must be registered and deleted the name of the cooperative in the sổđăng business; the cooperative must pay the dấucho the competent State agencies;

5. in the case of non-đồngý with the decision of the people's Committee of the vềviệc dissolution of the cooperative, the cooperative quyềnkhiếu complaint to State authorities have thẩmquyền or sue in Court ántheo the provisions of the law.

 

Điều43. Solve love cầutuyên bankrupt cooperative for the resolution required to declare bốphá for cooperative production was thựchiện according to the rules bankruptcy luậtvề France.

 

CHAPTER VII UNION Of Cooperatives, COOPERATIVE ALLIANCE Điều44. The Union tácxã combined 1. The cooperative needs and self-nguyệncó can be formed cooperative Nations.

The Union is chứckinh international cooperative works according to the principle of the nest chứcvà activities of the cooperative provisions of this Law, 5 tạiĐiều aim nângcao production efficiency, the business of the hợptác commune members, support each other in operation vàđáp the needs of the participants.

LậpHội Cooperative Association Board of Directors and the Board of Directors.

The đầuHội Board is the President of Hộiđồng management; the Director is the Director of đầuBan or Of giámđốc.

Xãđăng cooperative association registered in the provincial registry importing.

2. Cooperative Association was tựchọn his name and symbol match vớiquy by law. Seal, signs, papers dealing partnership Nations xãphải with the symbol "LHHTX".

3. The purpose, function, mission, organizational structure of the Union case tácxã are specified in the Charter by Congress cooperative liênhiệp members thôngqua.

 

Điều45. Cooperative Alliance 1. Cooperative Alliance's social-economic organization due to the cooperative, tựnguyện cooperative association formed. Đượctổ Cooperative Union organizations by industry and other economic sectors. Cooperative Alliance is the Central and lậpở provinces, city thuộctrung.

2. Cooperative Alliance has the năngsau: a) represent and defend the legitimate quyềnlợi of the cooperatives and social hợptác Union members;

b) propaganda, broadcast triểnhợp farming;

c) supports and provides vụcần for the formation and development of hợptác commune, cooperative association; make cácchương support cooperative development doChính Government Affairs; training, improve farming bộhợp in accordance with the Government;

d) join building policy, law vềhợp farming;

DD) represents the vàliên cooperative association cooperative ties in the active độngphối of the members with the chứctrong and địnhcủa under the foreign law.

3. rights and duties, the structure of the UK, the name and the Union's financial cooperatives Cooperative Union rules doĐiều rules.

4. the Alliance Charter cooperation by Prime Central xãtrung out quyếtđịnh recognition; Hợptác Union Social Charter the city in ươngdo, Chairman of the provincial people's Committee, the Central trựcthuộc city decisions.

5. the State provides kiệnđể Cooperative Union in Central and active địaphương according to the quyđịnh of the law.

6. specific regulations Government bonds between cooperative alliance with chínhquyền levels.

CHAPTER VIII STATE MANAGEMENT For COOPERATIVE Điều46. Nướcđối home management cooperatives 1. Content management đốivới state cooperatives include: a) issued, popular vàtổ implementation luậtvề of French text cooperatives;

b) build and implement chiếnlược, cooperative development plan;

c) Organization of business registration, business registration guide đốivới cooperative, cooperative association;

d) training organization, bồidưỡng, advanced level for rolling bộquản and the knowledge necessary for civil hợptác civil officer;

DD) performed the inspection, check the current việcthực laws of the cooperative in accordance with the law;

e) Steering Organization for international cooperation việcthực on tácxã.

2. The responsibility of the State manage my agency for cooperatives: a) Unity Government nhànước management for cooperatives;

b) ministries, ministerial-level agencies in phạmvi tasks, powers củamình is responsible for implementing nướcđối management cooperatives;

c) levels people's Committee is responsible for State management nhiệmquản for xãtrong cooperation phươngtheo address range prescribed by law;

d) Government Regulation tools thểviệc assigned, allocated between the Ministry, the Ministry and local quanngang in the nhànước management for the cooperative.

 

Điều47. The Mission of the people's Committee of the quyềnhạn, the vớihợp for farming level 1. The people's Committee in the scope of the mission, củamình powers: a) propaganda, advocacy, event and tạođiều support for việchình and development of cooperatives in địaphương;

b) Guide and encourage the coordination of activities Township hợptác for the benefit of the local people of củanhân;

c) test, the Inspector hiệnLuật the cooperative and the law there liênquan;

d) resolving under thẩmquyền complaints, accusations, disputes and xửlý the violation of cooperative legislation;

DD) made the other content management vềquản for State cooperative under the provisions of the law.

2. The specialized agencies in bannhân a population Commission levels, in the range chứcnăng, mission, their powers helped Uỷban people made the management of the House nướcđối with vựcđược in the Affairs of cooperatives.

Điều48. Giữacác relationships with State agencies in South quốcViệt Nest fronts, the Member organizations of the trậnvà the role of the Organization for social hợptác 1. The State agency responsible for nhiệmphối with the Vietnam Fatherland Front and the Member organizations of the trongviệc law enforcement organization on tácxã.

2. the Vietnam Fatherland Front, the Member organizations of the advocacy, mobilization of the people involved and triểnhợp farming; join the trongviệc State agency policy formulation and supervision of law enforcement vềhợp.

 

CHAPTER IX REWARDED And HANDLE BREACH Điều49. Rewarded the Organization, following personal đượckhen bonus in accordance củapháp law: 1. Commune Member, cooperative, proper tácxã Nations and Cooperative Union of the effective activities, contribution to the socio-economic development of local xãhội;

2. organizations and individuals sắctrong export achievements of labor, production, importing, and cooperative development.

 

Điều50. Handle viphạm 1. Anyone violating the rules địnhcủa this law and other regulations of France luậtcó involved depending on the nature and extent of vi phạmmà reprimanded, warning, trừra, from the cooperative, administrative sanctions or bịtruy save the criminal liability; If hạithì damage is compensated according to the provisions of law củapháp.

2. organizations and individuals have the time behavior of business registration dốitrong or dụngdanh meaning to cooperative activities; hợptác active Township has no business or nhậnđăng certificate is incorrect, the registration nghềđã suspension độngvà dealt with according to the provisions of the law.

3. Who would use the Presidency's license authority, nhậnđăng signed the incorrect business rules of phápluật or not nhậnđăng business license when the Organization has enough điềukiện founded the cooperative according to the nature and extent of the violation that severely disciplined, administrative sanctions or be responsible for nhiệmhình the blind as prescribed by law.

 

CHAPTER X ENFORCEMENT TERMS

 


Điều51. The effect of this Law enforcement action lựcthi effect from 1 July 2004.

This law replaced the Luậthợp farming in 1996.

 

Điều52. Guide thihành chitiết Government regulations and guidelines for implementing this law.

This law has been đượcQuốc Congress of Social Democratic Republic of South nghĩaViệt lock POKER, session 4 through 26 tháng11 2003.