What documents are included in the documents to establish a Cooperative? What is the current Cooperative registration application form?

What is a cooperative?

Clause 1, Article 3 of the 2012 Law on Cooperatives states the concept of a cooperative as a collective economic organization, co-owned, with legal status, voluntarily established by at least 07 members and mutually cooperative and supportive in production, business and job creation activities to meet the common needs of members, on the basis of autonomy, self-responsibility, equality and democracy in cooperative management.

What are the documents required to establish a cooperative?

Article 7 of Circular 03/2014/TT-BKHDT and Clause 2, Article 2 of Circular 07/2019/TT-BKHDT regulate the registration of establishment of cooperatives as follows:

“Article 7. Registration Register to establish a cooperative

1. When establishing a cooperative, the cooperative shall send to the cooperative registration agency where the cooperative intends to have its headquarters a set of documents to register the establishment of the cooperative, including:

a) Application for registration of establishment of the cooperative according to the form specified in Appendix I-1;

b) Charter of the cooperative Cooperatives are built according to Article 21 of the Law on Cooperatives;

c) Production and business plan according to the form specified in Appendix I-2;

d) List of members according to the form specified in Appendix I-3;

dd) List of board of directors, director (general director), control board or controllers according to the form specified in Appendix I-4;

e) The resolution of the founding conference on the contents specified in Clause 3, Article 20 of the Law on Cooperatives has been voted to pass.

2. If the cooperative meets the conditions specified in Article 24 of the Law on Cooperatives, the cooperative registration agency shall issue a cooperative registration certificate to the cooperative. commune.

Cooperatives have legal status and have the right to operate according to the content in the cooperative registration certificate from the date of issuance of the cooperative registration certificate. After being granted the registration certificate, the cooperative is engraved and has the right to use its seal.

In case a registration certificate is not issued, the cooperative registration agency shall notify the cooperative in writing and clearly state the reason.”

According to the above regulations, the registration dossier to establish a cooperative includes:

– Application for registration of establishment of cooperative;

– Charter of the cooperative;

– Production and business plan;

– List of members;

– Resolution of the founding conference on contents such as:

+ Production and business plan;

+ Election of the board of directors and chairman of the board of directors; decide on the selection of director (general director) from among the members, legal representatives of member cooperatives or hire a director (general director);

+ Elect the control board, head of the control board or controller;

+ Other contents related to the establishment, organization and operation of cooperatives and unions of cooperatives.

Form of application for establishing a cooperative

The form of application for registration of establishment of cooperatives is specified in Appendix I-1 issued with Circular 07/2019/TT-BKHDT amending Circular 03/2014/TT-BKHDT on cooperative registration and reporting regime on cooperative activities issued by the Minister of Planning and Investment, specifically:

[1] Cooperatives have the right to freely do business in industries and professions that are not prohibited by law;

– Prohibited business investment industries and professions specified in Article 6 of the Investment Law, the Law amending and supplementing Article 6 and Appendix 4 on the list of conditional business investment industries and professions of the Investment Law;

– For conditional business investment industries and professions, cooperatives can only do business when they meet the prescribed conditions. The list of industries and trades subject to conditional business investment is specified in Appendix 4 issued with the Investment Law, the Law amending and supplementing Article 6 and Appendix 4 on the list of industries and trades subject to conditional business investment of the Investment Law;

– The cooperative chooses one of the business lines as its main business line. The way to record business lines is carried out in accordance with Clause 5, Article 1 of this Circular.

[2] In case a cooperative is granted a Cooperative Registration Certificate after the declared date of commencement of operation, the date of commencement of operation is the date the cooperative is granted a Certificate of Cooperative Registration.

[3] – In case the accounting year is based on the calendar year, record from January 1 to December 31.

– In case the accounting year follows a fiscal year other than the calendar year, write the date and month starting the accounting year as the first day of the quarter; The day and month ending the accounting year is the last day of the quarter.

– The total time from the start date to the end date of the accounting year must be 12 months or 4 consecutive quarters.

[4] Cooperatives base on the provisions of law on value-added tax and the cooperative’s expected business activities to determine 01 of 04 methods of calculating value-added tax at this indicator.

[5], 6 Record the number of the Cooperative Registration Certificate issued before the effective date of this Circular.

7 The legal representative of the cooperative signs this part directly.