Nghị định 33/2012/ND-CP

DECREE

AMENDING, SUPPLEMENTING SOME ARTICLES OF THE DECREE NO. 45/2010/ND-CP DATED APRIL 21, 2010, OF THE GOVERNMENT, ON THE ORGANIZATION, OPERATION AND MANAGEMENT OF ASSOCIATIONS

Pursuant to the Order No. 102/SL/L004 of May 20, 1957, promulgating the Law providing on the right to establish associations;

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

Pursuant to the Civil Code, of June 14, 2005;

At the proposal of the Minister of Home Affairs;

The Government promulgates Decree amending and supplementing some articles of the Decree No. 45/2012/ND-CP of April 21, 2010, of Government on the organization, operation and management of associations (hereinafter abbreviated as the Decree No. 45/2010/ND-CP),

Article 1. Amending and supplementing some articles of the Decree No. 45/2010/ND-CP

1. Point b, Clause 6, Article 6 is amended and supplemented as follows:

"b/ Completing the dossier of application for the association establishment as prescribed in Article 7 of the Decree No. 45/2010/ND-CP After completing preparations for the association establishment, Board to campaign for the establishment of associations shall submit a set of dossier to the Ministry of Home Affairs, for associations operating nationwide or in inter provinces; to a provincial-level Departments of Home Affairs , for associations operating within a province, district or commune; or to district-level Home Affairs Divisions (when the chairperson of provincial-level People's Committee has authorized the chairperson of district-level People's Committee to license the establishment of associations operating within a commune).

Board to campaign for the establishment of association shall automatically dissolve upon the association congress elects the association's leadership board."

2. Article 9 is amended and supplemented as follows:

"The competent state agencies specified in Article 14 of the Decree No. 45/2010/ND-CP shall issue a receipt upon receiving dossier of application for association establishment. Within thirty working days since receiving a complete and lawful dossier, the competent state agency shall consider and license the establishment of an association. In case of refusal, it shall issue a written reply and clearly stating the reason."

3. Article 13 is amended and supplemented as follows:

"1. The competent state agencies specified in Article 14 of the Decree No. 45/2010/ND-CP shall decide for approval of association charters which have already passed by congresses.

2. Within 30 working days from the day of congress conclusion, the association's leadership board must send a set of dossier reporting result of congress as prescribed in Article 12 of the Decree No. 45/2010/ND-CP and a written request for approval of the association charter to a competent state agency specified in Article 14 of the Decree No. 45/2010/ND-CP.

3. Within 30 working days, from the day of receiving a complete and lawful dossier as prescribed in Clause 2 of this Article, the competent state agency specified in Article 14 of the Decree No. 45/2010/ ND-CP decides on approval of the charter.

If the charter has content which is inconformity with law, a competent state agency specified in Article 14 of the Decree No. 45/2010/ ND-CP may refuse for approval and request, guide the association's leadership board to amend such charter in conformity with provisions of law.

4. An association charter takes effect from the day of being approved by a competent state agency"

4. Supplementing Article 25a below Article 25 as follows:

“Article 25a. Procedures and dossiers for division, separation, consolidation, merger of associations

1. The division, separation, consolidation, or merger of associations complies with the Civil Code, the Decree No. 45/2010/ND-CP relevant laws and congress's resolution thereof.

2. Procedures for division, separation, consolidation, merger of associations:

a/ An association implementing the division, separation, separation, consolidation, merger shall send directly or by post a set of dossier as prescribed in Clause 3 of this Article to the competent state agency specified in Article 14 of the Decree No. 45/2010/ND-CP and state management agencies in charge of its operation fields;

b/ Within 30 working days after receiving a complete and valid dossier, the competent state agency specified in Article 14 of the Decree No. 45/ 2012/ND-CP shall consider and permit the division, separation, consolidation, merger of the association;

c/ The associations implementing division, consolidation, merger (except case of separation) shall terminate their existence and operation after the competent state agencies specified in Article 14 of the Decree No. 45/2012/ND-CP issue decisions to permit the division, consolidation, merger of such associations. The rights and obligations of the associations implementing division, consolidation, or merger shall be transferred to the new associations. In case of separation of an association, the separated association and the association newly established from such separation must take joint responsibility for the rights and obligations of the pre-separation association.

3. A dossier of association division, separation, consolidation or merger comprises:

a/ An application for division, separation, consolidation, merger of association (the original);

b/A scheme on division, separation, consolidation, merger of association, including a plan providing the settlement of assets, finance and employees and delimitation of the functions, powers, operation fields and duties, obligation that must implement (the original);

c) Resolution of association's congress on division, separation, consolidation, merger of association (the original);

d) Draft of charter of associations new established by division, separation, consolidation, merger of association;

dd) List of members in provisional leadership board of associations new established by division, separation, consolidation, merger of association; The provisional leadership board is elected by Congress; quantity of members is decided by Congress, the provisional leadership board shall automatically dissolve upon Congress elects leadership board of association;

e) Curriculum vitae and legal record of head of provisional leadership board (the original);

g) Confirmation document on scheduled place of head office of association new established by division, separation, consolidation, merger of association (the original);

4. Withdrawal of seal

Withdrawal of seal with respect to associations that implement division, consolidation, merger and terminate their existence and operation after having decisions of competent state agencies specified in Article 14 of the Decree No. 45/2010/ND-CP shall comply with provisions of law on management, use of seal and other relevant laws.

5. Organizing congress and approving charter of associations new established by division, separation, consolidation, merger of association;

a) Within 30 working days, since having decision of competent state agencies specified in Article 14 of the Decree No. 45/2010/ND-CP permitting division, separation, consolidation, merger of association, new established associations must organize a congress to pass contents specified in Article 11 of Decree No. 45/2010/ND-CP

b) New established associations by division, separation, consolidation or merger make a set of dossier as prescribed in Article 12 of Decree No. 45/2010/ND-CP to send to competent state agencies specified in Article 14 of the Decree No. 45/2010/ND-CP for consideration, approval of charters.

5. Article 27 is amended and supplemented as follows:

“Article 27. Responsibilities of the leadership board of an association dissolving on its own

1. Making the dossier of dissolution on its own, comprising:

a) Application for dissolution of the association (the original);

b) Resolution on the association dissolution (the original);

c) Statement of assets and finance (the original);

d) Scheduled method to handle assets, finance, employees and deadlines to pay debts (the original).

2. Informing involved organizations and individuals of its debt payment deadlines (if any) as prescribed by law in 5 consecutive issues of a central newspaper, for associations operating nationwide or in inter provinces; or of a local newspaper, for associations operating within a province.

3. Solving assets, finance as prescribed in clause 1, Article 31 of the Decree No. 45/2010/ND-CP and provisions of relevant law.

4. Within 30 working days, from the day of dissolution on its own as prescribed in Article 26 of the Decree No. 45/2010/ND-CP association implements provisions in clause 2, clause 3 of this Article and send a set of dossier specified in clause 1 of this Article to competent state agencies specified in Article 14 of the Decree No. 45/2010/ND-CP and state management agencies in charge of its main operation fields;

Article 2. Annulling provisions

1. Annulling provision in clause 3, Article 7 of the Decree No. 45/2010/ND-CP

2. Annulling provision in Article 4 and Article 11 of the Circular No. 11/2010/TT-BNV of November 26, 2010, detailing implementation of the Government's Decree No. 45/2010/ND-CP

Article 3. Effect

This Decree takes effect from June 01, 2012.

Article 4. Implementation responsibilities

1. The Minister of Home Affairs shall assume the prime responsibility for, and coordinate with other relevant Minister to guide implementation of this Decree.

2. Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People's Committees, and relevant organizations, individuals shall implement this Decree.