Participants in the Conference to Establish a Cooperative Union under Vietnamese Law

In addition to the representative of the founder of the cooperative union, who else is present at the Conference to establish the cooperative union?

1. What is a founder of a cooperative union?

Regulations on cooperative founders in Article 19 of the 2012 Cooperative Law are as follows:

Founder

1. A cooperative founder is an individual, household, or legal entity that voluntarily commits to founding and participating in establishing a cooperative.

A cooperative union founder is a cooperative that voluntarily commits to founding and participating in establishing a cooperative union.

2. Founder advocates and propagates the establishment of cooperatives and cooperative unions; develop production and business plans, draft charter; Carry out work to organize conferences to establish cooperatives and unions of cooperatives.

According to the above regulations, founders of cooperative unions are cooperatives that voluntarily commit to found and participate in establishing cooperative unions.

2. Besides the representative of the founder of the cooperative union, who else is present at the Conference to establish the cooperative union?

Participants in the Conference to establish the cooperative union are stipulated in Article 20 of the 2012 Law on Cooperatives as follows:

Conference to establish cooperatives and unions of cooperatives

1. Conferences to establish cooperatives and unions of cooperatives are organized by founders in accordance with the provisions of this Law.

Participants in conferences to establish cooperatives include individual founders and legal representatives of the founders; legal representatives of households, legal entities and other individuals wishing to join the cooperative.

Participants in the conference to establish the cooperative union include legal representatives of the founders and of cooperatives wishing to join the cooperative union.

2. The conference discussed the draft charter, production and business plans of cooperatives and unions of cooperatives and expected list of members and member cooperatives.

3. The conference approved the charter. Those who agree with the charter and meet the conditions prescribed in Article 13 of this Law will become members and member cooperatives. Members and member cooperatives continue to discuss and decide on the following contents:

a) Production and business plan;

b) 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);

c) Elect the control board, head of the control board or controller;

d) Other contents related to the establishment, organization and operation of cooperatives and cooperative unions commune.

4. The resolution of the founding conference on the contents specified in Clause 3 of this Article must be voted on according to the majority principle.

Accordingly, in addition to the representative of the founder of the cooperative union, the Conference to establish the cooperative union also includes representatives of cooperatives wishing to join the cooperative union.

3. What is the time limit for issuing a cooperative union registration certificate?

The cooperative union registration certificate is issued within the time limit specified in Article 23 of the 2012 Cooperative Law as follows:

Registering cooperatives and cooperative unions

1. Before operating, cooperatives and cooperative unions must register with the competent state authority where the cooperative and cooperative unions intend to locate their headquarters.

2. Dossier for registration of cooperatives and unions of cooperatives includes:

a) Application for registration of cooperatives and unions of cooperatives;

b) Charter;

c) Production and business plan;

d) List of members and member cooperatives; list of board of directors, director (general director), board of supervisors or controllers;

d) Resolution of establishment conference.

3. The legal representative of the cooperative or cooperative union must declare fully, honestly and accurately the contents specified in Clause 2 of this Article and be responsible before the law for the declared contents.

4. The competent state authority shall issue a registration certificate within 05 working days from the date of receipt of the dossier as prescribed in Clause 2 of this Article. In case of refusal, a written response must be provided clearly stating the reason.

5. The Government regulates the competent state authority to issue registration certificates; order, procedures for issuance and content of the registration certificate.

Thus, the time limit for issuing a cooperative association registration certificate is 05 working days from the date of receiving the dossier according to regulations.

In case of refusal, the state agency competent to issue the certificate must respond in writing and clearly state the reason.