Quick answer: The procedures for establishing a cooperative are now carried out under the Law on Cooperatives 2023 (No. 17/2023/QH15) and Decree No. 113/2024/ND-CP (effective 01/11/2024). Decree No. 193/2013/ND-CP has been repealed and is no longer applicable.
Procedure for establishing a cooperative under the new regulations
Under the Law on Cooperatives 2023 and Decree No. 113/2024/ND-CP, the procedure for establishing a cooperative comprises the following steps:
- Step 1 — Preparation: the founding members prepare the draft Charter and production/business plan, and mobilize members to join;
- Step 2 — Founding conference: hold the founding conference to adopt the Charter and production/business plan, and elect the board of directors, director (general director), supervisory board or controller;
- Step 3 — Registration: file the registration dossier with the provincial-level Business Registration Authority (the Business Registration Office under the Department of Finance) where the head office is located;
- Step 4 — Results: receive the Cooperative Registration Certificate; make the seal and publish the registration contents as required.
Dossier for registering a cooperative
The dossier includes: the application for registration; the Charter; the production and business plan; the list of members; the list of the board of directors, director (general director), supervisory board or controller; and the resolution of the founding conference.
Note: Decree 193/2013 is no longer in effect
Decree No. 193/2013/ND-CP detailing certain articles of the Law on Cooperatives 2012 has been repealed by Decree No. 113/2024/ND-CP effective 01/11/2024. Any procedures citing Decree No. 193/2013 are no longer valid.
Applicable legal basis
- Law on Cooperatives 2023 (17/2023/QH15).
- Decree No. 113/2024/ND-CP (effective 01/11/2024; repeals Decree No. 193/2013/ND-CP and Decree No. 107/2017/ND-CP).
Note on Applying Current Legal Regulations
This article is part of the General Knowledge series and is presented for reference purposes, helping readers understand the legal issue at a general level before preparing documents or entering into transactions.
Legal regulations may change depending on timing, locality, document type, and specific circumstances. If you need to determine the exact legal basis applicable to your file, please contact ANT Legal’s lawyers at 0966.475.966 for verification and advice before proceeding.
Common Risks to Note
- Applying an outdated, amended, or replaced legal instrument.
- Preparing incomplete dossiers, documents, or evidence.
- Misunderstanding the conditions, procedures, time limits, or competent authorities.
- Signing, filing, or entering into transactions without fully assessing legal risks.
How Can ANT Legal Help?
ANT Legal supports reviewing specific situations, checking dossiers, identifying the applicable legal basis, advising on handling options, and representing clients in dealings with individuals, organizations, or competent authorities when necessary.
For prompt advice, please contact our lawyers at 0966.475.966.
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