Thông tư 03/2013/TT-BNV

CIRCULAR

DETAILING THE IMPLEMENTATION OF THE DECREE No. 45/2010/ND-CP DATED APRIL 21, 2010 OF THE GOVERNMENT REGULATING THE ORGANIZATION, OPERATION AND MANAGEMENT OF SOCIETY AND DECREE No. 33/2012/ND-CP DATED APRIL 13, 2012 OF THE GOVERNMENT AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE No. 45/2010/ND-CP

Pursuant to Decree No. 61/2012/ND-CP dated August 10, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree 45/2010/ND-CP dated April 21, 2010 of the Government on the organization, operation and management of society; Decree No. 33/2012/ND-CP dated April 13, 2012 of the Government amending and supplementing a number of articles of Decree No. 45/2010/ND-CP;

At the proposal of the Director of Non-governmental organization Department. The Minister of Home Affairs issues the Circular detailing the implementation of the Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government regulating the organization, operation and management of society and Decree No. 33/2012/ND-CP dated April 13, 2012 of the Government amending and supplementing a number of articles of Decree No. 45/2010/ND-CP.

Article 1. Society establishment advocacy Committee

1. The dossier to request the recognition of society establishment advocacy Committee complies with provisions in Clause 4, Article 6 of Decree No. 45/2010/ND-CP. For personnel as the expected head of the society establishment advocacy Committee under the management of competent authorities, there must be a written consent of the competent authorities in accordance with regulations on decentralization of cadre management.

In case of necessity, the state management agency of main sector and area in which the society plans to operate may gather opinions of the authorities concerned before consideration and decision on recognition of the society establishment advocacy Committee.

2. The society establishment advocacy Committee may be dissolved in the following cases:

a) Being dissolved under the provisions of Clause 1, Article 1 of Decree No. 33/2012/ND-CP;

b) The decision to allow the establishment of Society has expired as specified in Clause 2, Article 10 of Decree No. 45/2010/ND-CP.

Article 2. Organization of general meeting of term and extraordinary general meeting of the Society

1. Responsibility for report on organization of general meeting:

a) Society with its nationwide or inter-provincial scope of operation will report to the Ministry of Home Affairs and Ministry managing the main sector and area in which the Society is operating.

b) Society with its scope of operation in provinces, districts or communes will report to provincial-level People’s Committee (or Service of Home Affairs if authorized by provincial-level People’s Committee);

c) In case Chairman of district-level People’s Committee is authorized by Chairman of provincial-level People’s Committee to permit the establishment, division, separation, merger, consolidation, change of name and society charter approval for the society with its scope of operation in communes, it will report to district-level People’s Committee.

2. Dossier of report on organization of general meeting of term:

a) Resolution of the society leadership on organization of general meeting of term;

b) Draft of report summarizing the term duties and orientation of operation of the next term of the society. The review report of the leadership and inspection Board and the society’s financial report;

c) Draft of charter amended or supplemented (if any);

d) List of expected personnel of leadership and inspection Board particularly specifying the standards, structure and a number of leadership and inspection Board of the society. For the expected head of society, the provisions in Clause 2, Article 8 of this Circular will be applied.

dd) Expected time and place of organization of general meeting, a number of invited delegates and delegates officially attending the general meeting and expected general meeting program;

e) Report on the number of member particularly a number of official members of the society.

g) Other contents under competence of society as prescribed by the society charter and regulations of law (if any).

3. Dossier of report on extraordinary general meeting:

a) Resolution of the leadership on organization of extraordinary general meeting particularly specifying the contents of discussion and decision at the general meeting;

b) Draft of contents of discussion and decision at the general meeting;

c) Expected time and place of organization of general meeting, a number of invited delegates and delegates officially attending the general meeting and expected general meeting program;

4. Within fifteen days after receiving complete and legal dossier of report, the competent state authorities as specified in Article 14, Decree No. 45/2010/ND-CP will express their opinions in writing on organization of general meeting.

5. The society organizes the general meeting of term and extraordinary general meeting after having a written opinion of the competent state authorities as specified in Article 14 of Decree No. 45/2010/ND-CP.

6. If the society organizes the general meeting without report as specified in Clause 1, 2 and 3 of this Article, the competent state authorities as specified in Article 14 of Decree No. 45/2010/ND-CP will not approve the society charter which has been approved by the general meeting.

Article 3. Handling violation of time limit of organization of general meeting of term as prescribed by the society charter

1. If the 6-month time limit for organizing the general meeting by the society is over after it receives the written requirement from the competent state authorities as specified in Clause 3, Article 20 of Decree No. 45/2010/ND-CP, but the society fails to organize its general meeting, the competent state authorities as specified in Article 14 of Decree No. 45/2010/ND-CP will base on each specific case in order to consider and decide to apply the following measures:

a) Organizing a meeting of society leadership to suspend the operation of the head of society and appoint a member of the leadership to provisionally operate the activities of society and prepare the general meeting until the organization of a general meeting to appoint a new leadership;

b) Organizing a meeting of society leadership to appoint a preparatory committee for organization of general meeting.

2. Within 90 days after having been applied by the measures as specified at Point a or b, Clause 1 of this Article, the society will have to prepare the organization of general meeting and report it to the competent state authorities as specified in Clause 1, 2, Article 2 of this Circular. If the society does not implement the organization, the dissolution of society will be considered as specified in Clause 3, Article 29 of Decree No. 45/2010/ND-CP.

Article 4. Establishing legal entity and grassroots organization of the society

1. When there is a need and meeting all conditions to establish legal entity of the society operating in the areas in accordance with the society charters as prescribed by law on conditions, procedures, order and dossier, the competent authorities will issue certificate of operation registration or business license. The society establish its legal entity and report it to the competent authorities as specified in Article 14 of Decree No. 45/2010/ND-CP. The dossier includes:

a) Certificate of operation registration or business license issued by the competent authorities (certified copy);

b) Certificate of seal sample registration (certified copy);

2. The society establishing its legal entity not in accordance with regulation of law will take its responsibility before law. The state competent authorities specified in Article 14 of Decree No. 45/2010/ND-CP have the right to require the society to issue a decision on dissolution of legal entity and require the state competent authorities to revoke the seal.

3. Every year, the society will have to report the situation of organization and operation of society’s legal entity to the state competent authorities as specified in Article 14 of Decree No. 45/2010/ND-CP.

4. The society may establish its inter-branch, branch, association branch and group (generally referred to as grassroots organization of the society) as prescribed by the society charter approved by the state competent authorities specified in Article 14 of Decree No. 45/2010/ND-CP.

Article 5. Settlement of disputes and complaints inside the society

1. The settlement of disputes, complaints and discipline inside the society will be decided by the provisions of society charter and law. The society leadership is responsible for specifying the order, procedures and competence in settlement of disputes and complaints inside the society in accordance with the society charter and regulations of law and making a report to the state competent authorities as specified in Article 14 of Decree No. 45/2010/ND-CP.

2. The society will report the result of settlement of disputes, complaints and disciplines with the competent authorities as specified in Clause 1, Article 2 of this Circular.

Article 6. Establishing representative office, changing address of head office and key leadership of the society

1. For a society with nationwide or inter-provincial scope of operation, when establishing representative office in provinces and centrally-affiliated cities which are different from the place where its head office is located, there must be permission dossier submitted to the provincial-level People’s Committee where the expected representative office is located. The dossier is prepared into one set including:

a) Application for establishing representative office specifying the necessity for the establishment of representative office;

b) Expected contents of operation of the representative office;

c) Certified copy of valid papers related to the land and house use right where the expected representative office is located;

d) Certified copy of decision on establishment of society and society charter.

2. Within fifteen days after receiving complete and legal dossier, the provincial-level People’s Committee is responsible for considering and deciding to permit the establishment of the society’s representative office. In case of disapproval, there must be a written reply clearly stating the reasons. After having the written consent of the provincial-level People’s Committee concerning the permission for the establishment of representative office, the society will make a written report to the Ministry of Home Affairs and the Ministries managing the sectors and areas relating to the society’s operation.

3. When changing the address of the society’s head office, the Chairman, Vice- Chairman, General Secretary or equivalent titles, the society’s leadership will have to make a written report to the competent state authorities as specified in Clause 2, Article 2 of this Circular.

Report on the change of address of the head office must specify the new address of the head office, the phone and fax number (if any). Report on the change of the Chairman, Vice- Chairman, General Secretary or equivalent titles is enclosed with the resolution and record concerning the appointment of above titles and the résumé and criminal record of the head of society.

Article 7. Regulations and policies for members of society

1. For a society with particular characteristics:

a) Being allocated with operating funds based on the staff assigned, making annual report to the competent authorities managing the staff on the use of staff as prescribed. The societies with particular characteristics do not allocate their staff assigned to other legal entities and member societies.

In case of adjustment of performance of tasks by decision of the competent authorities, the societies with particular characteristics will prepare dossier to adjust their staff for submission to the competent authorities managing the staff for consideration and decision. The dossier to adjust the staff includes: a written request, plan for staff adjustment, identification of work position in line with the organizational model, operational scale and documents related to the request for adjustment of staff of the society.

b) For cadres, public servants and officials are turned over, transferred and assigned to work at the societies by the staff target assigned, the regulations and policies implemented as prescribed by law concerning the cadres, public servants and officials.

c) For people recruited by the staff target assigned by the competent authorities, the regulations and policies are applicable as prescribed by law on cadres, public servants and officials.

d) For people enjoying pension as prescribed by law are re-appointed to hold the specialized management titles in the societies with particular characteristics in the staff target assigned by the competent authorities, in addition to their pension, they will be entitled to remuneration from the state budget as specified in the Decision No. 30/2011/QD-TTg dated June 01, 2011 of the Prime Minister on remuneration  for pensioner holding specialized management titles in the societies.

2. The regulations and policies for people working in the society not subject to cases specified in Clause 1 of this Article will comply according to agreement between the society with the people working in the society to ensure the correlation inside the society and as prescribed by the Labor Code and relevant laws.

Article 8. Head of society

1. The number of continuous term to hold the head title of the society, age, standard, procedures for introduction and selection to appoint the head of society as prescribed by the charter or leadership of the society in accordance with regulations of law and competent authorities.

2. The person is expected to be the head of the society must have his/her résumé and criminal record. If this person is under the management of the competent authorities, there must be a written consent of the competent authorities in accordance with regulations on decentralization of cadre management.

Article 9. Preparation and storage of dossier and documents of society

1. Society must prepare dossiers and regularly store at its head office of the list of members, branches, representative offices and units of society particularly the name, age, occupation, address of the members; books and documents of assets and finance of the society and representative office and document related to its operation, books recording the minutes of the society leadership.

2. The management of documents complies with regulations of law.

Article 10. Change of society name

1. The change of society name is considered and approved by the general meeting of the society.

2. Dossier to change the society name is submitted to the competent authorities as specified in Article 14 of Decree No. số 45/2010/ND-CP including:

a) Application for change of society name specifying the reason and necessity for change of society name;

b) Resolution of society’s general meeting concerning the change of society name;

c) Draft of charter amended and supplemented;

d) In case there is a simultaneous change of society leadership, the minutes of appointment of leadership will be enclosed (with the list). For the head of society, the provisions in Clause 2, Article 8 of this Circular will apply.

3. Within thirty days after receiving complete and legal dossier, the competent authorities as specified in Article 14 of Decree No. 45/2010/ND-CP will consider and decide to permit the change of society name and approve the charter (amended or supplemented) of the society. In case of disapproval, there must be a written reply stating the reasons.

Article 11. Responsibility of state management authorities for the society

1. The Ministry of Home Affairs will assist the Government to uniformly perform the state management over the society, coordinate with the Ministries, ministerial-level agencies and provincial-level People’s Committee to perform the state management over the society as specified in Article 36 of Decree No. 45/2010/ND-CP and take responsibility to:

a) Coordinate with the agencies concerned in management of signing and implementation of international agreement of the society as prescribed by law.

b) Gather opinions in writing of the Ministries, ministerial-level agencies performing the state management over the main sectors and areas under operation when permitting the establishment, division, separation, merger, consolidation, change of name, dissolution and approval for society charter applicable to the nationwide or inter-provincial scope of operation.

c) Commend and reward society as prescribed by law.

2. The Ministries or ministerial-level agencies will perform the state management over the society as specified in Decree No. 45/2010/ND-CP and take responsibility to:

a) Facilitate the society’s participation in activities under management area of the Ministries or ministerial-level agencies in accordance with the society’s conditions and capacity.

b) Guide the society to operate in accordance with regulations of law and of the Ministries or ministerial-level agencies.

c) Guide the local Services, departments and sectors to manage the society’s activities under the sectors and areas managed by the Ministries or ministerial-level agencies.

d) Commend and reward society as prescribed by law.

3. People’s Committee at all level will:

a) Facilitate the society’s efficient operation, encourage the society ‘s activities associated with the implementation of the tasks of local social-economic development.

b) Facilitate the society’s participation in socialization of activities of medical, cultural, educational, scientific, technological, sports and fitness development at localities; consider and facilitate the society’s participation in a number of public services for which the society meets the conditions and is eligible for implementation as prescribed by law.

c) Commend and reward society as prescribed by law.

Article 12. Guidance on form for text presentation

1. List of forms for text presentation applicable to Vietnamese societies, organizations and citizens (Annex I);

2. List of forms for text presentation applicable to the state management authorities over societies (Annex II);

3. The procedures and techniques for text presentation of the forms specified in Circular No. 01/2011/TT-BNV dated January 19, 2011 of the Ministry of Home Affairs to guide procedures and techniques for administrative text presentation.

Article 13. Effect

1. This Circular takes effect on June 1, 2013.

2. This Circular supersedes the Circular No. 11/2010/TT-BNV dated November 26, 2010 of the Ministry of Home Affairs detailing the implementation of the Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government stipulating the organization, operation and management of society.

Article 14. Responsibility for implementation

1. Ministers and Heads of ministerial-level agencies, governmental-attached agencies, Chairman of People’s Committee of provinces and centrally-affiliated cities and societies are liable to execute this Circular.

2. Any difficulty arising during the implementation should be promptly reported to the Ministry of Home Affairs for study, amendment and supplementation accordingly.