Thông tư 11/2010/TT-BNV thi hành Nghị định về tổ chức, hoạt động và quản lý hội

CIRCULAR

DETAILING THE GOVERNMENT S DECREE NO. 45/2010/ND-CP OF APRIL 21,2010, ON THE ORGANIZATION, OPERATION AND MANAGEMENT OF ASSOCIATIONS

THE MINISTRY OF HOME AFFAIRS

Pursuant to the Government s Decree No. 48/ 2008/ND-CP of April 17, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government s Decree No. 45/ 2010/ND-CP of April 21, 2010, on the organization, operation and management of associations;

The Ministry of Home Affairs details the Government s Decree No. 45/2010/ND-CP of April 21, 2010, on the organization, operation and management of associations (below referred to as Decree No. 45/2010/ND-CP), as follows:

Article 1.Boards to campaign for the establishment of associations

1. A dossier of request for recognition of the board to campaign for the establishment of an association complies with Clause 4, Article 6 of Decree No. 45/2010/ND-CP. When the nominated head of this board is managed by a competent agency, his/her nomination is subject to such agency s written approval under regulations on decentralization of personnel management.

2. The board to campaign for the establishment of an association dissolves when:

a/ It automatically dissolves under Point b, Clause 6, Article 6 of Decree No, 45/2010/ND-CP;

b/ The decision on its establishment ceases its effect.

Article 2.Organization of term-based and extraordinary congresses

1. Reporting on the organization of congresses:

a/ A national or inter-provincial association shall report to the Ministry of Home Affairs and the ministry managing the sector and domain in which the association operates;

b/ A provincial association shall report to the provincial-level People s Committee (or the provincial-level Home Affairs Department authorized by the provincial-level People s Committee) and the provincial-level Department managing the sector and domain in which the association operates;

c/ A district or communal association shall report to the provincial-level Home Affairs Department and district-level People s Committee. When the chairperson of the district-level People s Committee is authorized by the chairperson of the provincial-level People s Committee to permit the establishment: division, separation; merger; consolidation; and renaming of communal associations and approve their charters, a communal association shall report to the district-level People s Committee.

2. A report on the organization of a term-based congress covers:

a/ The association leadership board s resolution on the organization of the term-based congress;

b/ Draft report to review the term s work and set operational orientations for the next term of the association;

c/ Draft revised charter (if any);

d/ Nominated members of the leadership and inspection boards of the association;

e/ Tentative time and venue for holding the congress, numbers of guest delegates and official delegates to the congress, the congress working agenda.

3. A report on an extraordinary congress covers:

a/ The association leadership board s resolution on the organization of the extraordinary congress which specifies matters to be discussed and decided at the congress:

b/ Tentative time and venue for holding the congress, numbers of guest delegates and official delegates to the congress, the congress s working agenda.

4. A competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP shall give its written opinions on the organization of a congress within 15 days after receiving a complete and valid report or within 25 days if opinions of agencies related to the sector or domain in which the association operates are required.

5. An association shall hold a term-based congress or an extraordinary congress after obtaining written opinions of a competent slate agency specified in Article 14 of Decree No. 45/ 2010/ND-CP.

6. A competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP shall not approve an association charter passed by a congress whose organization is not reported under Clauses 1, 2 and 3 of this Article.

Article 3.Handling of violations of the association charter s provisions on time limit for holding term-based congresses

1. When the leadership of an association fails to hold a congress 6 months after being so requested in writing by a competent state agency under Clause 3. Article 20 of Decree No. 45/ 2010/ND-CP. a competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP shall, on a case-by-case basis, consider and apply the following measures:

a/ Holding a meeting of the association leadership board to terminate the association head s executive power and assign a board member to temporarily administer the association s operation, who shall make preparations for organizing the congress until the congress elects a new leadership board;

b/ Holding a meeting of the association leadership board to set up a preparatory board for organizing the congress.

2. Within 90 days after the measure specified at Point a or b. Clause 1 of this Article is applied to an association, that association shall make preparations for organizing the congress and report such to competent state agencies under Clauses 1 and 2, Article 2 of this Circular. If failing to do so, it shall be considered for dissolution under Clause 3, Article 29 of Decree No. 45/2010/ND-CP.

Article 4.Approval of association charters

1. Within 30 days after closing a congress. the association leadership board shall submit congress result documents under Article 12 of 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 Decree No. 45/2010/ND-CP.

2. Within 45 days after receiving a complete and valid dossier under Clause 1 of this Article, a competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP shall approve the charter.

When the association charter is unconformable with law, such state agency shall guide the association leadership board to revise the charter to comply with law.

Article 5.Establishment of associations’ legal entities

1. An association fully meeting the conditions for establishing a legal entity operating in relevant domains under its charter for which the law has specified conditions, procedures, order, dossiers and competent authorities for granting an operation license (operation registration certificate, business license) may establish this entity and report such to a competent state agency specified in Article 14 of Decree No. 45/2010/ ND-CP.

2. When wishing to establish a legal entity operating in relevant domains under its charter for which the law has not specified establishment conditions, procedures, order and dossiers, an association shall submit a report to a competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP, covering:

a/ A plan to establish the legal entity, clearly stating the necessity of such establishment and compliance with the association charter and law;

b/ Draft operation regulation (or charter) of the legal entity;

c/ Valid papers on the right to use houses and land of the place in which the legal entity office will be based; written certification of assets of the legal entity (if any);

d/ List of nominees for the legal entity s leadership and their resumes.

3. Within 60 days after receiving a complete dossier specified in Clause 2 of this Article, a competent slate agency specified in Article 14 of Decree No. 45/2010/ND-CP shall appraise the dossier, collect opinions of concerned agencies and reply the association in writing. In case of refusal, it shall clearly state the reason.

4. An association which establishes its legal entity in violation of law and this Circular shall take responsibility before law. A competent slate agency specified in Article 14 of Decree No. 45/ 2010/ND-CP may request such association to issue a decision to dissolve this legal entity and propose a competent state agency to recall its seal.

Article 6.Settlement of internal disputes and complaints of associations

1. An association shall decide on the settlement of internal disputes and complaints and disciplining under its charter and law.

2. An association shall report settlement results to the competent agencies specified at Points a, b and c, Clause 1, Article 2 of this Circular.

Article 7.Establishment of representative offices, change of head office addresses and key leaders of associations

1. Establishment of representative offices

When establishing a representative office in a province or centrally run city other than that in which its head office is based, a national association shall submit an application dossier to the provincial-level People s Committee of the locality in which the representative office will be based. Such dossier shall be made in two sets, comprising:

a/ An application for establishment of the representative office, clearly staling the necessity of such establishment;

b/ A plan on operation of the representative office;

c/ Valid papers on the right to use houses and land of the place in which the representative office will be based;

d/ Copies of the association establishment decision and charter.

2. Within 30 days after receiving a complete and valid dossier, the provincial-level People s Committee shall consider the dossier and permit the association to establish a representative office. In case of refusal, it shall issue a written reply clearly stating the reason. After obtaining the provincial-level People s Committee s written approval for the establishment of its representative office, the association shall report such in writing to the Ministry of Home Affairs and the ministry performing the state management of the sector or domain in which the association operates.

3. When changing the address of an association s head office or its chairman, vice chairman, general secretary or holder of an equivalent post, the association leadership shall report such in writing to the competent state agencies specified at Points a, b and c, Clause 1. Article 2 of this Circular.

A report on change of the address of an association s head office must specify the head office s new address and telephone and fax numbers (if any). A report on change of an association s chairman, vice chairman, general secretary or holder of an equivalent post must be accompanied with the resolution and record on the election of the post holder and the resume and judicial record card of the association head.

Article 8.Treatment regimes and policies for association workers

1. For a particular association

a/ To be allocated funds for operation according to its assigned payroll. To annually report on the employment of its payroll to a competent payroll management agency under regulations.

When a particular association s state-assigned tasks are adjusted under a competent agency s decision, this association shall make a payroll adjustment dossier and submit it to a competent payroll state management agency for consideration and decision. A dossier comprises a written request, a payroll adjustment plan and documents related to such adjustment;

b/ Treatment regimes and policies for cadres, civil servants and public employees rotated, transferred and assigned by competent agencies of the Party and the State to work in associations according to their assigned payroll comply with the law on cadres, civil servants and public employees;

c/ Treatment regimes and policies for particular associations employees recruited under the payroll assigned by competent agencies comply with the law on cadres, civil servants and public employees;

d/ Pensioners under law who hold full-time leadership posts in particular associations may, in addition to their pension, receive pays under law and these associations regulations, depending on the payment capacity of the associations.

2. Treatment regimes and policies for persons working in associations other than those specified in Clause 1 of this Article shall be implemented as agreed between them and the associations depending on the payment capacity of these associations, and in accordance with the Labor Code and relevant laws.

Article 9.Association heads

1. The number of consecutive office terms of the head of an association: the age of. criteria for and process of recommending and selecting nominees to elect the association head shall be provided in (he association charter or by the leadership board in compliance with law and competent agencies regulations.

2. A nominated association head must have a resume and judicial record card and obtain his/ her managing agency s (if any) written approval for such nomination under regulations on decentralization of personnel management.

Article 10.Compilation and preservation of dossiers and documents on associations organization and finance

1. An association shall make a list of their members, chapters, representative offices and attached units, specifying names, ages, occupations and addresses of members; books and records of assets and finance of the association and its representative offices and documents related to its operation and a book recording minutes of leadership board meetings, and constantly keep them in its head office.

2. The time limits for keeping documents and dossiers and destroying expired ones comply with the law on archives.

Article 11.Division, separation; merger and consolidation of associations

1. The division, separation; merger; and consolidation of an association comply with the Civil Code. Decree No. 45/2010/ND-CP, relevant laws and resolutions of its congresses.

2. Procedures for division, separation; merger; and consolidation of an association:

a/ An association to be divided, separated, merged or consolidated shall submit a dossier under Clause 3 of this Article to a competent state agency specified in Article 14 of Decree No. 45/ 2010/ND-CP and the state management agency in charge of the domain in which the association operates;

b/ Within 60 days after receiving a complete and valid dossier, a competent state agency specified in Article 14 of Decree No. 45/2010/ ND-CP shall consider and permit the division, separation, merger or consolidation of an association;

c/ The existence and operation of an association permitted for division, merger or consolidation (but not for separation) under the decision of a competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP shall terminate after the issuance of such decision. The rights and obligations of the divided, merged or consolidated association shall be transferred to the new association. For a separated association, the separated association and the association established from such separation shall jointly share the rights and obligations of the separated association.

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

a/ An application for division, separation, merger or consolidation of the association;

b/ A plan on such division, separation, merger or consolidation, which must specify the settlement of assets, finance and employees and define functions, powers, domains of operation and responsibilities and obligations of the association(s) concerned;

c/ The association congress s resolution on such division, separation, merger or consolidation;

d/ Draft charter of the association established from the division, separation, merger or consolidation;

e/ Working plan of the association established from the division, separation, merger or consolidation;

f/ Resume and judicial record card of the nominated head of the board to campaign for the establishment, of the new association as a result of the division, separation, merger or consolidation;

g/ List of members of the campaigning board recognized by a competent state agency;

h/ Valid papers on the right to use houses and land of the place in which the head office of the association established from the division, separation, merger or consolidation will be based.

4. Recall of seals

The recall of the seal of an association whose existence and operation terminate after a competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP issues a decision on that association s division, merger or consolidation complies with the law on management and use of seals and relevant laws.

5. Organization of congresses and approval of the charter of an association established from the division, separation, merger or consolidation of another association

a/ Within 60 days after the issuance of the decision of a competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP on the division, separation, merger or consolidation of an association, the newly formed association shall organize a congress to pass the issues specified in Article 11 of Decree No. 45/2010/ ND-CP;

b/ An association established from the division, separation, merger or consolidation of another association shall make 2 sets of dossiers under Article 12 of Decree No. 45/2010/ND-CP and submit them to a competent state agency specified in Article 14 of Decree No. 45/2010/ ND-CP for consideration and approval of its charier.

Article 12.Renaming of associations

1. The renaming of an association must be submitted to the association congress for consideration and decision.

2. A dossier of request for renaming of an association, which shall be submitted to a competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP, comprises:

a/ An application for renaming of the association, clearly stating the reason and necessity for such renaming;

b/ The association congress s resolution on such renaming:

c/ Draft revised charter;

d/ Minutes of election of the leadership board (enclosed with a list of members), if there is concurrently a change in the leadership board. For the association head, to comply with Clause 2. Article 9 of this Circular.

3- Within 45 days after receiving a complete arid valid dossier, a competent state agency specified in Article 14 of Decree No. 45/2010/ ND-CP shall consider and permit the renaming of an association and approve its charter. In case of refusal, it shall issue a written reply clearly .stating the reason.

Article 13.Responsibilities of state management agencies towards associations

1. The Ministry of Home Affairs shall assist the Government in performing the state management of associations and coordinate with ministries and provincial-level People s Committees in performing the state management of associations under Article 36 of Decree No. 45/2010/ND-CP and shall:

a/ Coordinate with concerned agencies in managing associations in signing and implementing international agreements under the law on signing and implementation of international agreements by provinces and centrally run cities, socio-political organizations, social organizations and socio-professional organizations;

b/ Collect written opinions of ministries performing the state management of sectors and domains in which associations operate when permitting the establishment, division, separation, merger, consolidation, renaming and dissolution of national or inter-provincial associations and approving their charters;

c/ Commend associations under law.

2. Ministries and ministerial-level agencies shall perform the state management of associations under Article 37 of Decree No. 45/2010/ND-CP and shall:

a/ Create conditions for the lawful establishment of associations;

b/ Create conditions for associations lo participate in activities under ministries management in conformity with associations conditions and capacity:

d Guide associations in operating under law and ministries regulations;

d/ Guide local departments, divisions and sectors in managing associations activities under ministries management:

c/ Commend associations under law.

3. People s Committees of all levels shall:

a/ Create conditions for associations to operate effectively, encourage associations activities associated with local socio-economic development tasks;

b/ Create conditions for associations to participate in the socialization of health, cultural, educational, scientific and technological, sports and physical training development in localities; consider and create conditions for capable associations to provide some public services:

c/ Create conditions for difficulty-hit new associations to stabilize their operation;

d/ Commend associations under law.

Article 14.Effect

1 This Circular take effects 45 days from the date of its signing.

2. This Circular replaces the Home Affairs Ministry s Circular No. 01/2004/TT-BNV of January 15, 2004, guiding a number of articles of the Government s Decree No. 88/2003/ND-CP of July 30, 2003, on the organization. operation and management of associations.

Article 15.Implementation responsibilities

1. Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People s Committees, and associations shall implement this Circular.

2. Any problems arising in the course of implementation should be reported to the Ministry of Home Affairs for study and appropriate amendment.