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Regarding the conditions for the establishment of the association, apart from the conditions on operation purpose, charter and office as the old regulations, the new decree stipulates in detail the conditions on the number of Vietnamese citizens registered to join the association.
Accordingly, associations operating nationwide or inter-province must have at least 100 citizens, organizations in many provinces that meet the conditions and voluntarily apply for registration of associations. Associations operating within the province, the number of regulations is 50, the ward scope is 10.
For associations of economic organizations whose members are representatives of economic organizations with the legal person status of Vietnam, with the scope of operation is the whole country the associations shall be composed of at least 11 representative legal persons in many provinces; associations operating in the provincial level have at least 5 representative legal persons in the same province or in the same field of activity that are qualified, voluntary and registered to join the association. To set up the association, the founders must set up a movement committee to set up the association.
Another new point of this Decree is to specify the number of members in the campaign to set up the association; Specify the competent agency, the time limit for consideration and recognition of the association's campaign council. Competent state agencies permitting the establishment, division, splitting, merger, consolidation, dissolution, renaming and approval of the associations' charter shall be the Minister of Home Affairs (for associations operating nationwide or interprovincial) and the chairman of the provincial People's Committee (for the association operating in the province).
In addition, the decree also supplements regulations, the provincial People's Committee chairman based on the actual situation in the locality to authorize the Chairman of the district People's Committee to allow the establishment, division, separation ... for the association operate in the wards.
Especially, this new decree has a chapter that applies to associations of a particular field. The Association has the specific characteristics as stipulated by the Prime Minister. These associations have the right to join ministries and ministerial-level agencies in formulating mechanisms and policies directly related to the functions, tasks and powers of the Association's activities; participating in the implementation of some state management activities, public services in the field of activities of the association.
The association must bring together leading experts and experts from member organizations of associations and relevant organizations to carry out their assigned tasks, conduct consultancy, judgment and social criticize.
Associations with specific characteristics shall be provided with operating funds according to their assigned position; to ensure funding for the performance of State-assigned tasks and support of material facilities and means of operation.
Article 19 of the Decree specifies the organizational structure of the association, including the general meeting, the leadership board, the inspection board and other organizations as prescribed by the association's charter. About the rights of associations in Article 23, in addition to rights such as propagandizing purposes of the association; disseminate and train the members; Comments on the legal documents ...
The Decree also adds the right to participate in programs, projects, research and social expertise at the request of state agencies; To provide public services on matters related to the activities of the associations, to organize job training and job transfer according to the provisions of law; To organize training, fostering and organization of other service activities according to the provisions of law and be granted practice certificates when fully meeting the conditions prescribed by law. In addition, the right to establish legal entities under the association is also specified in this Article.
Translated from: Dịch vụ tư vấn thành lập các hiệp hội nghề nghiệp
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