Circular 01/2004, Providing for the Implementation of Decree 88/2003 on the Organization, Operation, and Management of Associations

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CIRCULAR
***
No.01/2004/TT-BNV socialist republic of vietnam
Independence- Freedom-Happiness
***
January 15, 2004
CIRCULAR No. 01/2004/TT-BNV OF JANUARY 15,2004 GUIDING THE
IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S
DECREE No. 8a/2003/ND-CP OF JULY 30, 2003 PROVIDING FOR THE
ORGANIZATION, OPERATION AND MANAGEMENT OF ASSOCIATIONS
In furtherance of the Government’s Decree No.88/ 2003/ND-CP of July 30, 2003
providing for the organization, operation and management of associations (hereinafter
called the Decree for short), the Ministry of Home Affairs hereby guides the
implementation thereof as follows:
1. ON THE SCOPE OF REGULATION
The scope of regulation covers: associations, unions of associations, confederations,
federations, societies, clubs and associations under other names according to law
provisions (hereinafter referred collectively to as associations), which have legal person
status and operate nationwide or inter-provincially; within provinces or centrally-run
cities (hereinafter referred collectively to as provinces); within rural districts, urban
districts, provincial capitals or towns (hereinafter referred collectively to as districts); and
within communes, wards and district townships (hereinafter referred collectively to as
communes).
II. THE NUMBERS OF MEMBERS OF BOARDS CANVASSING FOR
ESTABLISHMENT OF ASSOCIATIONS, DOSSIERS FOR THE SETTING UP, AS
WELL AS RECOGNITION AND TASKS OF BOARDS CANVASSING FOR
ESTABLISHMENT OF ASSOCIATIONS
1 . To establish associations, the founding members must set up boards canvassing for
the establishment thereof. The numbers of members of the association establishment-
canvassing boards are prescribed as follows:
a/ For associations operating nationwide or interprovincially, such a canvassing board
must comprise at least 10 members;
b/ For associations operating within provinces, it must be consist of at least 5 members;
c/ For associations operating within districts or communes, it must have at least 3
members;

d/ For unions of economic organizations operating nationwide, such a board must be
composed of at
least 5 members representing various economic organizations; and for those operating
within provinces, it must comprise at least 3 members representing various economic
organizations in the provinces.
2. A dossier of application for setting up an association establishment-canvassing board
shall include:
a/ The application for recognition of the association establishment-canvassing board,
clearly stating the association’s name, its guiding principles and purposes, the domains
where the association is expected to operate, the scope of operation, the expected time
for establishment of the association, and the temporary meeting venue;
bl The list of those who are expected to join the association establishment-canvassing
board and their curriculum vitae: their full names; dates of birth; residence places;
educational qualifications; and professional qualifications.
3. Recognition of the association establishmentcanvassing boards:
a/ Boards canvassing for the establishment of associations operating nationwide or
inter-provincially shall be recognized by the ministries or ministeriallevel agencies
(hereinafter referred collectively to as ministries) which perform the State management
over the branches or domains where the associations are expected to operate;
bl Boards canvassing for the establishment of associations operating within provinces
shall be recognized by the services or agencies under the provincial People’s
Committees (hereinafter referred collectively to as provincial/municipal services) which
perform the State management over the branches or domains where the associations
are expected to operate;
c/ Boards canvassing for the establishment of associations operating within districts or
communes shall be recognized by the district People’s Committees.
4. Tasks of the association establishmentcanvassing boards:
a/ To mobilize citizens and/or organizations to register for joining the associations;
b/ To prepare dossiers for the establishment of the associations according to Article 8 of
the Decree.
After completing all preparations for the establishment of the associations, the
association establishment-canvassing boards shall send dossiers to:
– The Ministry of Horne Affairs, for associations operating nationwide or inter-provincially;

– The provincial/municipal Home Affairs Services, for associations operating within
provinces, districts or communes.
The association establishment-canvassing boards shall be automatically dissolved after
the associations’ executive boards are elected by their congresses.
Ill. THE NUMBERS OF PEOPLE REGISTERING FOR PARTICIPATION IN THE
ASSOCIATIONS’ESTABLISHMENT
1. For associations operating nationwide or interprovincially, there must be at least 100
signatures (applications for participation) of eligible citizens and/ or organizations in
various provinces, voluntarily registering for participation in the associations’
establishment.
2. For associations operating within provinces, there must be at least 50 signatures
(applications for participation) of eligible citizens and/or organizations in the provinces,
voluntarily registering for participation in the associations’ establishment.
3. For associations operating within districts, there must be at least 20 signatures
(applications for participation) of eligible citizens and/or organizations in the districts,
voluntarily registering for participation in the associations’ establishment.
4. For associations operating within communes, there must be at least 10 signatures
(applications for participation) of eligible citizens and/or organizations in the communes,
voluntarily registering for participation in the associations’ establishment.
5. For unions of economic organizations having members being representatives of
Vietnamese economic organizations with the legal person status and operating
nationwide, there must be at least 11 eligible legal person representatives in various
provinces, while for those operating within provinces, there must be at least 5 eligible
legal person
representatives in the provinces, which are engaged in the same production and
business lines or the same operation domains meeting the prescribed conditions and
voluntarily registering for participation in the unions’ establishment.
For professional associations with professional peculiarities, the numbers of citizens
and/or organizations voluntarily registering for participation in their establishment shall
be considered and decided on a case-by-case basis by the competent State agencies
defined in Article 15 of the Decree.
IV. APPROVAL OF ASSOCIATIONS’ CHARTERS
1. Within 30 days after the congresses, the associations’ leaderships shall send the
reports prescribed in Article 13 of the Decree and the written requests for the approval

of the associations’charters to the competent State agencies defined in Artic e 15 of the
Decree, namely:
a/ The Ministry of Home Affairs, for associations operating nationwide or inter-
provincially,
b/ The provincial People’s Committees (via the provincial/municipal Home Affairs
Services), for associations operating within provinces, districts or communes.
2. Within 60 days after receiving the reports prescribed in Article 13 of the Decree and
the written requestsforthe approval of the associations’charters, the competent State
agencies defined in Article 15 of the Decree shall base themselves on law provisions,
the contents of the associations’ draft charters and opinions of competent State
management agencies to decide on the approval of the charters.
In cases where the associations’charters contain contents contrary to law provisions,
the competent State agencies defined in Article 15 of the Decree shall guide the
associations’ leaderships to finalize the associations’ charters in strict accordance with
the current regulations.
V. ORGANIZATION, REGIMES AND POLICIES FOR CADRES ENGAGED IN
ASSOCIATIONS’ACTIVITIES AND OPERATION FUNDING
1. The organization of associations shall be prescribed in the associations’ charters.
2. The personnel working at associations’standing bodies shall be decided by the
associations themselves. Wages and other regimes and policies for personnel working
at the associations’ standing bodies shall comply with the associations’ regulations and
be covered by the associations’funding. Forcadres enjoying salaries from the State
budget, their wages and other regimes and policies shall comply with the State’s
regulations.
3. Funding for the operation of associations shall comply with the principle of self-
financing. In cases where the associations have their activities associated with the
State’s tasks, they shall be rendered with support from the State budget.The provisionof
support from the State budget to the associations shall comply with the Prime Minister’s
Decision No. 21/2003/QDTTg of January 29, 2003 on the State budget support
rendered to political-social-professional organizations, social organizations and social-
professional organizations for activities associated with the State’s tasks.
VI. ADMISSION OF ASSOCIATED MEMBERS AND HONORARY MEMBERS
1. Unions of economic organizations may admit associated members being joint-
venture enterprises and enterprises with 100% foreign capital, operating in Vietnam
(hereinafter referred to as enterprises with foreign elements).

2. Associations (except for unions of economic organizations) shall only be allowed to
admit associated members and honorary members being Vietnamese citizens and
organizations. The rights and obligations of associated members and honorary
members shall be prescribed in the associations’ charters.
VIII. ON THE SETTING UP OF REPRESENTATIVE OFFICES AND CHANGE OF
HEAD-OFFICES AND KEY LEADING OFFICIALS OF ASSOCIATIONS
1. On the setting up of representative offices
Associations operating nationwide, when setting up their representative off ices in other
localities, shall have to apply for permission of the People’s Committees of the
provinces where the representative offices are to be located. The applications for
permission must clearly state:
a/ The necessity to set up representative offices;
b/ The number of the associations’ members in the localities and major operations;
c/ The office locations (addresses, telephone numbers, fax numbers … )
After obtaining the provincial People’s Committees’ consent, permitting the setting up of
representative offices, the associations must report thereon in writing to the Ministry of
Home Affairs and the ministries performing the State management over the branches
and domains where the associations operate.
2. When relocating their head-off ices, changing presidents, vice-presidents, secretaries
general or equivalent posts, the associations’ leaderships must report thereon in writing
to competent State agencies:
a/ For associations operating nationwide or interprovincially, the associations’
leaderships shall send their reports to the Ministry of Home Affairs and the ministries
performing the State management over the branches and domains where the
associations operate;
b/ For associations operating within provinces, the associations’leaderships shall send
their reports to the provincial/municipal Home Affairs Services and the services
underprovincial People’s Committees, which perform the State management over the
branchesand domains where the associations operate;
c/ For associations operating within districts or communes, the associations’ leaderships
shall send their report to the provincial/municipal Home Affairs Services and the district
People’s Committees.
Reports on the relocation of head-offices must clearly state the new locations of the
head-offices (addresses, telephone numbers, fax numbers).

The associations’ reports on the change of their presidents, vice-presidents, secretaries
general or equivalent posts shall be enclosed with resolutions on the election of people
to the above-stated posts and the curricula vitae of new leaders.
VIll. UNIONS OF ECONOMIC ORGANIZATIONS
Apart from the rights prescribed in Article 22 of the Decree, unions of economic
organizations shall also have the following rights and responsibilities:
1. To act as the standing bodies linking and urging the cooperation among member
enterprises for common interests;
2. To assist member enterprises in technology transfer, managerial experiences and
trade promotion,
3. To protect the legitimate interests of members in commercial disputes and conciliate
disputes among them.
IX. DIVISION, SEPARATION; MERGER; CONSOLIDATION; DISSOLUTION AND
RENAMING OF ASSOCIATIONS
1. The division, separation , merger; consolidation; dissolution and renaming of
associations shall comply with the provisions of the Civil Code.
2. Under the provisions of Clause 1, Article 28 of the Decree, if the associations fail to
conduct such activities as holding meetings of their executive boards or standing boards
according to their charters, organizing other activities, for 12 consecutive months, the
competent State agencies defined in Article 15 of the Decree shall decide to dissolve
such associations.
3. The division, separation, merger orconsolidation of associations must be put up for
discussion in their executive boards for submission to the congresses for decision. After
the congresses’ resolutions on the division, separation; merger; and consolidation of
associations are adopted, the associations’ executive boards shall request the
competent State agencies defined in Article 15 of the Decree to make decisions thereon.
The establishment of new associations after the resolutions on the division, separation,
merger or consolidation are adopted by the associations’ congresses shall comply with
Article 8 of the Decree.
4. The renaming of associations must be put up for discussion in their executive boards
for submission to congresses, After the congresses’ resolutions on the renaming of
associations are adopted, the associations’ leaderships shall send reports and
resolutions on the renaming of the associations and the draft charters to the competent
State agencies defined in Article 15 of the Decree for consideration and decision.
X. HANDLING OF VIOLATIONS

1. For representatives and leaderships of associations, who intentionally prolong the
duration for holding term congresses prescribed in the associations’ charters.
Within 12 months after the expiry of a congress term, if an association fails to hold its
congress, the competent State agencies defined in Article 15 of the Decree shall send
documents requesting the association to hold its congress. Within 6 months after
receiving the written requestforthe organization of the congress, if the association’s
representatives or leadership still fail to hold the congress, the competent State
agencies defined in Article 15 of the Decree shall decide on the handling thereof by the
following methods:
a/ Suspending the administration of the associations by the associations’
representatives and appoint a member of their leaderships to temporarily administer
their operations until now executive boards are elected;
b/ Holding the executive boards’ meetings requesting the setting up of preparatory
boards for the organization of the congress. If the associations still fail to hold the
executive boards’ meetings, they shall be dissolved according to Clause 1, Article 28 of
the Decree.
2. In case of setting up legal person organiza- tions under associations ultra vires.
The associations’ representatives must bear responsibility before law for the setting up
of legal person organizations under the associations ultra vires and the competent State
agencies defined in Article 15 of the Decree shall request the associations to issue
decisions to dissolve such organizations and request the competent State agencies to
revoke their seals.
3. The organization of the associations’ term congresses must be reported to:
a/ The Ministry of Home Aff airs and the ministries performing the State management
over the branches and domains where the associations operate, for associations
operating nationwide or interprovincially;
b/ The provincial/municipal Home Affairs Services and the services under the provincial
People’s Committees, which perform the State management over the branches and
domains where the associations operate, for associations operating within provinces,
c/ The provincial/municipal Home Affairs Services and the district People’s Committees,
for associations operating within districts or communes.
If the organization of congresses is not reported, according to regulations, the
competent State agencies defined in Article 15 of the Decree shall request the
associations to stop the organization of the congresses or shall not approve the charters
adopted by such congresses.

4. The discipline of associations’represen-tatives and leaderships shall be decided by
the associations according to their charters and law provisions, then reported to the
Ministry of Home Affairs and the ministries managing the branches and domains where
the associations operate, for associations operating nationwide or inter-provincially; to
the provincial/municipal Home Affairs Services and the services under the provincial
People’s Committees, which perform the State management over the domains where
the associations operate, for associations operating within provinces; and the
provincial/municipal Home Affairs Services or to the district People’s Committees, for
associations operating within districts or communes.
XI. RESPONSIBILITIES OF THE STATE MANAGEMENT AGENCIES TOWARDS
ASSOCIATIONS
1. The Ministry of Home Affairs shall assist the Government in unifying the State
management over associations, coordinate with the ministries and provincial People’s
Committees in performing the State management over associations according to Article
32 of the Decree, and have the responsibilities:
a/ To coordinate with the concerned agencies in managing the signing and
implementation of international agreements by associations according to the
Government’s Decree No. 2012002/ND-CP of February 20, 2002 on the signing and
implementation of international agreements by provinces, centrallyrun cities, socio-
political organizations, social organizations and socio-professional organizations;
b/ To gather written opinions of the ministries performing the State management over
the branches and domains where the associations operate when permitting the
establishment; division, separation, merger, consolidation, renaming, dissolution of
associations, and approving their charters, for associations operating nationwide or
interprovincially.
2. The ministries and ministerial -level agencies defined in Article 33 of the Decree shall
have the responsibilities:
a/ To create conditions for associations to be established in strict accordance with laws;
b/ To create conditions for associations to participate in activities withinthe domains
undertheir respectively management, according to their conditions and capabilities;
c/ To guide associations to operate in strict accordance with their regulations;
d/ To guide the provincial/municipal services, departments and branches to manage
associations’ activities in the branches and domains under their respective management.
3. The provincial People’s Committees shall have the responsibilities:

a/To create conditions for associations to operate with efficiency and encourage
associations’activities which are associated with the performance of socioeconomic
development tasks of the localities.
b/ To create conditions for associations to participate in the socialization of medical,
cultural, educational, scientific and technological, and physical training and sports
activities in the localities, consider and create conditions for associations to participate
in some public services which they have conditions and capability to perform.
c/ For newly-established or difficulty-hit associations, the People’s Committees of
various levels shall create conditions and help them to stabilize their operations.
4. The provincial/municipal HomeAffairs Services shall have the responsibilities:
a/ To advise and assist the provincial People’s Committees in monitoring and managing
associations in their respective localities; settle problems arising in the organization and
operation of associations; and coordinate with the concerned branches in creating
conditions for associations to operate with efficiency;
bl To gather written opinions of the provincial/ municipal services performing the State
management over the branches and domains where associations operate, for
associations operating within provinces, or the district People’s Committees, for
associations operating within districts or communes, which shall serve as basis for
expertising and submitting to the provincial People’s Committees for decision the
establishment, division, separation, merger; consolidation, renaming or dissolution of
associations and approval of their charters.
– To sum up and report on the organization, operation and management of associations
in their provinces to the Ministry of Home Affairs.
XII. IMPLEMENTATION ORGANIZATION
This Circular takes effect 15 days after its publication in the Official Gazette.
The ministries, the ministerial-level agencies, the agencies attached to the Government,
the provincial level People’s Committees and associations shall have to implement this
Circular. Any problems arising in the course of implementation should be reported to the
Ministry of Home Affairs for study, amendment and supplementation.

Minister of Home Affairs
DO QUANG TRUNG