Is a cooperative production and business plan required in the cooperative registration application?

The cooperative registration application is specified in Article 23 of the 2012 Cooperative Law as follows: following:

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;

dd) Resolution of the establishment conference.

Thus, according to the law, the production and business plan is one of the documents required to be included in the cooperative registration dossier.

To register to establish a cooperative, it is necessary to register where?

The place to register to establish cooperatives is specified in Article 6 of Decree 193/2013/ND-CP as follows:

Cooperative registration agency

1. When established, cooperatives and unions of cooperatives must register at the cooperative registration agency where the cooperatives and unions of cooperatives intend to establish their headquarters.

a) Cooperative unions and people’s credit funds register at the business registration office under the Department of Planning and Investment;

b) Cooperatives register at the finance and planning department under the People’s Committee district level.

2. Rights and duties of the cooperative registration agency:

a) Directly receive applications for registration of cooperatives, unions of cooperatives, branches, representative offices, business locations of cooperatives and unions of cooperatives; grant, change, and revoke certificates of registration of cooperatives and unions of cooperatives, certificates of registration of branch operations, representative offices, business locations of cooperatives and unions of cooperatives;

b) Guide cooperatives and cooperative unions to carry out procedures for registration, change registration, change notification, reorganization, dissolution and bankruptcy for cooperatives and cooperative unions;

c) Build and manage an information system about cooperatives and cooperative unions within the scope of authority; Provide information about cooperatives and cooperative unions to competent state agencies, organizations and individuals upon request according to the provisions of law;

d) Request cooperatives and unions of cooperatives to report on the operating situation of cooperatives and unions of cooperatives according to the provisions of Article 23 of this Decree; Urging the implementation of reporting regime of cooperatives and unions of cooperatives according to the provisions of law;

d) Directly or request competent state agencies to inspect cooperatives and unions of cooperativess according to the contents stated in the certificate of registration of cooperatives and unions of cooperativess when necessary;

e) Responsible for the validity of cooperative and cooperative union registration documents;

g) Request cooperatives and unions of cooperatives to temporarily suspend business in conditional business lines when detecting that cooperatives and unions of cooperatives do not meet the conditions prescribed by law, and at the same time notify the competent state authority for handling according to the provisions of law;

h) Revoke the certificate of registration of cooperatives and cooperative unions according to the provisions of Article 56 of the Law on Cooperatives;

i) Implement reporting regime as prescribed by law.

Thus, according to the law, to register to establish a cooperative, registration must be carried out at the finance and planning department of the district People’s Committee where the cooperative intends to establish its headquarters.

To be granted a cooperative registration certificate, in addition to the registration documents, what conditions must a cooperative meet?

To be granted a cooperative registration certificate, in addition to the registration dossier, the cooperative needs to fully meet the conditions specified in Article 24 of the 2012 Cooperative Law as follows:

Conditions for granting a certificate of registration of cooperatives and unions of cooperatives

Cooperatives and unions of cooperatives are granted certificates Registration is accepted when the following conditions are met:

1. Production and business industries and professions that are not prohibited by law;

2. Registration dossier as prescribed in Clause 2, Article 23 of this Law;

3. The names of cooperatives and unions of cooperatives are set according to the provisions of Article 22 of this Law;

4. Having a head office as prescribed in Article 26 of this Law.

Thus, according to the provisions of law, in order to be granted a cooperative registration certificate, in addition to the registration dossier, the cooperative needs to meet the following conditions:

– Production and business industries and professions that are not prohibited by law;

– The names of cooperatives and unions of cooperatives are set according to the provisions of law.

– Has a head office according to the provisions of law.