Content: On June 20, 2023, the National Assembly passed the Law on Cooperatives No. 17/2023/QH15. This Law takes effect from July 1, 2024, except for the provisions in Clause [...]
Content:
On June 20, 2023, the National Assembly passed the Cooperative Law No. 17/2023/QH15. This Law takes effect from July 1, 2024, except for the provisions in Clauses 3 and 4, Article 115 of this Law.
On July 18, 2024, the Government issued Decree No. 92/2024/ND-CP on registration of cooperative groups, cooperatives, and cooperative unions (attached document), effective from the date of signing.
Decree No. 92/2024/ND-CP stipulating documents, order and procedures for registering cooperative groups, registering cooperatives and cooperative unions; about the business registration agency; the joint registration of cooperative groups, cooperative registration, and cooperative unions; Other contents related to the registration of cooperative groups, registration of cooperatives and cooperative unions. New points on cooperative group registration, cooperative registration, and cooperative alliance registration in Decree No. 92/2024/ND-CP include:
First, specific regulations on business registration agencies for cooperative groups, cooperatives, and cooperative unions.
According to the provisions of the 2012 Law on Cooperatives and Decree No. 193/2013/ND-CP detailing a number of articles of the 2012 Law on Cooperatives, cooperatives register their business at the district business registration agency; Cooperative unions also register their business at the provincial business registration agency.
In the Cooperative Law 2023, Clause 3, Article 41 of this Law assigns the Government to regulate in detail the business registration agency. Accordingly, the Decree stipulates that the business registration agency for cooperative groups, cooperatives, and unions of cooperatives is the district-level business registration agency (Finance - Planning Department under the district People's Committee).
Secondly, The Decree has added regulations on the use of personal identification numbers when carrying out procedures for registering cooperatives and cooperative unions. Accordingly, in case the person carrying out the procedure for registering a cooperative or cooperative union declares the personal identification number, the majority of personal information that must be declared can be reduced on the basis of exploiting citizen information in the National Population Database, creating favorable conditions and saving time in carrying out administrative procedures.
Third, amend the regulations on registering cooperatives and cooperative unions via electronic networks in the direction of applicants using electronic identification accounts and digital signatures in accordance with the law on electronic transactions to register cooperatives and cooperative unions in the electronic environment, ensuring compliance with the provisions of Decree No. 45/2020/ND-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment and Decree No. 59/2022/ND-CP dated September 5, 2022 of the Government regulating electronic identification and authentication.
Fourth, add regulations on handling cases of improper implementation of records, procedures, procedures or the information declared in the change registration dossier is fake or the information declared in the dossier is dishonest or inaccurate; Organizations, individuals, cooperatives, and unions of cooperatives have the right to request revocation or cancellation of the Cooperative Registration Certificate when determining that the declared content in the cooperative registration dossier and unions of cooperatives is fake; regulates the legal status of cooperatives, unions of cooperatives, branches, representative offices, and business locations of cooperatives and unions of cooperatives.
Fifth, ensure compatibility with the regulations on the rights and obligations of cooperative groups stipulated in the Decree detailing a number of articles and measures to implement the Law on Cooperatives, the Decree stipulating the dossiers, order and procedures for registering cooperative groups. General regulations on business registration agencies; Use personal identification numbers when performing registration procedures; Authorization to carry out registration procedures; register in the electronic environment; Record business lines and professions; identical or confusing names; Receiving and processing registration dossiers, issuing registration certificates... also applies to cooperative groups similar to cooperatives and cooperative unions.
Previously, the Minister of Planning and Investment issued Circular No. 09/2024/TT-BKHDT dated May 16, 2024 on forms for implementing procedures for registering cooperative groups, cooperatives, and unions of cooperatives and regulations on information content, updating, exploitation and management of the National Information System on cooperatives. This Circular takes effect from July 1, 2024, replacing Circular No. 03/2014/TT-BKHDT dated May 26, 2014 of the Minister of Planning and Investment guiding the registration of cooperatives and reporting regime on the operation of cooperatives and Circular No. 07/2019/TT-BKHDT dated April 8, 2019 of the Minister Ministry of Planning and
Investment in amending and supplementing a number of articles of Circular No. 03/2014/TT-BKHDT.
Hai Phong City Business Registration Office respectfully announces to businesses in the city.
Procedures
