Cooperatives are an economic organization model that has existed for a long time in Vietnam, coexisting with other types of businesses. This model is highly recommended to create jobs for farmers, contributing to socio-economic stability. So about the matter “Obligations of cooperative members in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Cooperative Law 2012
Principles of organization and operation of cooperatives
Cooperatives organize and operate according to the following principles:
Individuals, households and legal entities voluntarily establish, join or leave the cooperative. Cooperatives voluntarily establish, join or leave unions of cooperatives.
+ Cooperatives and unions of cooperatives widely admit members and member cooperatives.
Members and affiliated cooperatives have equal rights, equal voting rights regardless of capital contribution in deciding the organization, management and operation of cooperatives and unions of cooperatives; be provided with complete, timely and accurate information on production, business, finance, income distribution and other contents as prescribed by the charter.
+ Cooperatives and unions of cooperatives are autonomous and self-responsible for their activities before the law.
+ Members, affiliated cooperatives and cooperatives and unions of cooperatives are responsible for implementing commitments under the service contract and in accordance with the charter. Incomes of cooperatives and unions of cooperativesss are distributed mainly according to the level of use of products and services of members and affiliated cooperatives or according to the members’ labor contributions to the contract. job creation cooperatives.
+ Cooperatives and unions of cooperatives are interested in education, training and retraining for members, member cooperatives, managers, workers in cooperatives, unions of cooperatives and information. information on the nature and interests of cooperatives and unions of cooperatives.
+ Cooperatives and unions of cooperatives take care of the sustainable development of member communities and member cooperatives and cooperate with each other to develop the cooperative movement on a local, regional, national and international scale. international.
Conditions for becoming a member of a cooperative
To become a member of a cooperative, a member must meet the following conditions:
For individuals, households and legal entities to become cooperative members, the following conditions must be fully satisfied:
+ Individuals who are Vietnamese citizens or foreigners lawfully residing in Vietnam, aged full 18 years or older, with full civil act capacity; households with legal representatives as prescribed by law; agencies and organizations are Vietnamese legal persons.
+ For job-creating cooperatives, members are only individuals;
+ There is a need to cooperate with members and a need to use products and services of the cooperative;
+ Having a voluntary application to join and approve the charter of the cooperative;
+Contribute capital as agreed upon and in accordance with the charter but not exceeding 20% of the charter capital of the cooperative;
Other conditions as prescribed in the cooperative’s charter.
Conditions for being granted a certificate of cooperative registration
A cooperative shall be granted a registration certificate when it fully meets the following conditions:
1. Production and business lines that are not prohibited by law;
2. A registration dossier includes:
Application for registration of cooperatives and unions of cooperatives;
Charter;
Production and business plan;
List of members, member cooperatives; list of board of directors, director (general director), supervisory board or controller;
Resolution of the establishment meeting.
3. Names of cooperatives and unions of cooperatives are set according to regulations. Names and logos of cooperatives and unions of cooperatives must be registered at a competent state agency and protected in accordance with law;
4. Having a head office. The address of the head office must be clear, and it is allowed to set up the head office in accordance with the law.
The organizational structure of the cooperative includes: General meeting of members, Board of Directors, director (general director) and Supervisory Board or controller.
The general meeting of members has the highest decision-making power of the cooperatives and unions of cooperatives. The general meeting of members consists of an annual general meeting of members and an extraordinary general meeting of members. The general meeting of members is held in the form of a general meeting or a general meeting of delegates.
The Board of Directors of the cooperatives and unions of cooperativesss is the governing body of the cooperatives and unions of cooperativesss established by the conference or the general meeting of members elected, relieved of duty or dismissed by voting method. private. The Board of Directors consists of the chairman and members, the number of members of the Board of Directors is prescribed by the charter but the minimum is 03 people, the maximum is 15 people.
The director (general director) is the person who manages the operation of the cooperative or union of cooperatives.
The Supervisory Board, the controller operates independently, inspects and supervises the operation of cooperatives and unions of cooperatives in accordance with the provisions of law and the charter. The Supervisory Board or controller shall be directly elected by the general meeting of members from among the members and representatives of the affiliated cooperatives by secret ballot. The number of members of the Supervisory Board shall be decided by the general meeting of members but must not exceed 07 people.
Obligations of cooperative members in Vietnam
Article 15 of the Law on Cooperatives provides for the obligations of members and affiliated cooperatives, specifically cooperative members have the following obligations:
Using products and services of cooperatives and unions of cooperatives under service contracts.
– Contributing in full and on time as committed capital in accordance with the charter.
To take responsibility for debts and financial obligations of cooperatives and unions of cooperatives within the scope of capital contributed to cooperatives and unions of cooperatives.
– To pay compensation for damage caused by themselves to cooperatives and unions of cooperatives in accordance with law.
– Comply with the charters and regulations of cooperatives and unions of cooperatives, resolutions of the general meeting of members, member cooperatives and decisions of the Board of Directors of cooperatives and unions of cooperatives.
Rights of cooperative members
According to Article 14 of the Law on Cooperatives, cooperative members have the following rights:
To be provided products and services by cooperatives and unions of cooperatives under service contracts.
– To be distributed income according to the provisions of this Law and the charter.
– Enjoy the benefits of cooperatives and unions of cooperatives.
To attend or elect delegates to the general meeting of members and member cooperatives.
– To vote on matters falling within the authority of the general meeting of members as prescribed in Article 32 of this Law.
– To stand for, nominate members of the Board of Directors, Supervisory Board or controller and other elected titles of cooperatives and unions of cooperatives.
– Proposing or requesting the Board of Directors, director (general director), supervisory board or controller to explain the operation of cooperatives and unions of cooperatives; request the Board of Directors, the Supervisory Board or the controller to convene an extraordinary general meeting of members in accordance with this Law and the charter.
– To be provided with necessary information related to the operation of cooperatives and unions of cooperatives; supported in training, fostering and improving professional qualifications to serve the activities of cooperatives and unions of cooperatives.
– Leaving the cooperative or union of cooperatives according to the provisions of the charter.
– To be returned the contributed capital when leaving the cooperatives and unions of cooperatives according to the provisions of this Law and the charter.
– To receive the remaining value of the divided property of the cooperatives and unions of cooperatives in accordance with the provisions of this Law and the charter.
– Complaints, denunciations and lawsuits in accordance with law.
– Other rights as provided for in the charter.
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Please see more
- The differences between a cooperative and an enterprise in Vietnam.
- Handle assets when the cooperative is dissolved in Vietnam
- Procedures for dissolution of cooperatives in Vietnam
Frequently asked questions
Pursuant to Article 14 of the Law on Cooperatives 2012, members are entitled to a refund of their contributed capital upon leaving the cooperative or union of cooperatives in accordance with this Law and the charter.
Cooperative founders include:
Individuals, households, and legal entities voluntarily commit to founding and participating in the establishment of cooperatives.
Cooperatives voluntarily commit to founding and participating in the establishment of unions of cooperatives.
The general meeting of members is held in the form of a general meeting or a general meeting of delegates.
Cooperatives and unions of cooperatives with 100 members and cooperatives with more than one member may hold a general meeting of member deputies.
Delegate standards and order and procedures for electing delegates to attend the general meeting of members are prescribed by the charter.
Conclusion: So the above is Obligations of cooperative members in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
