MINISTRY OF PLANNING AND INVESTMENT | SOCIALIST REPUBLIC OF VIETNAM |
No.: 01/2020/TT-BKHDT | Hanoi, February 19, 2020 |
CIRCULAR
GUIDANCE ON CLASSIFICATION AND ASSESSMENT OF COOPERATIVES
Pursuant to the Law on Cooperatives No. 23/2012/QH13 dated November 20, 2012;
Pursuant to the Law on Promulgation of Legislative Documents No. 80/2015/QH13 dated June 22, 2015;
Pursuant to the Law on Credit Institutions No. 47/2010/QH12 dated June 16, 2010 and the Law on amendments to the Law on Credit Institutions No. 17/2017/QH14 dated November 20, 2017;
Pursuant to the Government’s Decree No. 193/2013/ND-CP dated November 21, 2013 elaborating certain Articles of the Law on Cooperatives and the Government’s Decree No. 107/2017/ND-CP dated September 15, 2017 providing amendments to the Decree No. 193/2013/ND-CP dated November 21, 2013;
Pursuant to the Government’s Decree No. 86/2017/ND-CP dated July 25, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
At the request of the Director General of the Agency for Cooperative Development;
The Minister of Planning and Investment promulgates a Circular providing guidance on classification and assessment of cooperatives.
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. Scope
This Circular provides guidance on the classification and assessment of cooperatives and cooperative unions (hereinafter referred to as “cooperatives”) operating in all of economic sectors.
2. Regulated entities
This Circular applies to:
a) Cooperatives organized and operating according to the Law on Cooperatives No. 23/2012/QH13 ratified by the National Assembly of the Socialist Republic of Vietnam on November 20, 2012.
b) Organizations and individuals involved in the establishment, organization, operation and shutdown of cooperatives.
c) The assessment of people’s credit funds and the Cooperative Bank shall be carried out in accordance with regulations adopted by the State Bank of Vietnam (“SBV”).
Article 2. Rules for classification and assessment of cooperatives
1. Reflect the exact nature of a cooperative as defined in the Law on Cooperatives;
2. Conform to specific characteristics of business lines of cooperatives; Correctly reflect the main business line of an operating cooperative;
3. Adopt specific and clear criteria.
Chapter 2.
CLASSIFICATION OF COOPERATIVES
Article 3. Classification of cooperatives by products and services provided to their members
Based on the products and services provided to their members, cooperatives can be classified into the following types:
1. Producer cooperatives are cooperatives established with the aim of supplying input products/services to, processing and consuming output products/services of their members in order to serve economic activities of their members. Members of a producer cooperative are considered both owners and users of products/services of the cooperative.
2. Consumer cooperatives are cooperatives established with the aim of supplying products/services to meet demands of their members. Members of a consumer cooperative are considered both owners and consumers of products/services of the cooperative.
3. Worker cooperatives are cooperatives established to create jobs for their members. Members of a worker cooperative are considered both owners and workers of the cooperative.
4. Combined cooperatives are cooperatives operating to achieve two or more of the abovementioned objectives.
Article 4. Classification of cooperatives by number of their members
Based on the number of members, cooperatives can be classified into the following types:
1. Micro-cooperative is a cooperative that has less than 50 members;
2. Small cooperative is a cooperative that has from 50 to 300 members;
3. Medium cooperative is a cooperative that has more than 300 to 1,000 members;
4. Large cooperative is a cooperative that has more than 1,000 members.
Article 5. Classification of cooperatives by total capital
Based on total capital, cooperatives can be classified into the following types:
1. Micro-cooperative is a cooperative with total capital of less than VND 1 billion;
2. Small cooperative is a cooperative with total capital of from VND 1 billion to less than VND 5 billion;
3. Medium cooperative is a cooperative with total capital of from VND 5 billion to less than VND 50 billion;
4. Large cooperative is a cooperative with total capital of VND 50 billion or more.
Article 6. Classification of cooperatives by their business lines
Based on their registered business lines, cooperatives shall be classified according to Level-1 industry sectors prescribed in the Prime Minister’s Decision on promulgation of Vietnam Standard Industrial Classification.
Chapter 3.
ASSESSMENT OF COOPERATIVES
Article 7. Criteria for assessment of cooperatives
Cooperatives shall be assessed according to the 100-point scale for 15 criteria which are divided into 3 groups as follows:
1. Group of financial criteria, 30 points at maximum, including 4 criteria as follows:
a) Criterion 1: Cooperative’s capital;
b) Criterion 2: Cooperative’s assets;
c) Criterion 3: Cooperative’s business performance in the year;
d) Criterion 4: Establishment of cooperative’s funds.
2. Group of cooperative’s management, administration and capacity criteria, 30 points at maximum, including 5 criteria as follows:
a) Criterion 5: Compliance with laws and regulations during the cooperative’s organization and operation;
b) Criterion 6: Dispute and complaint settlement;
c) Criterion 7: Competencies of managers/executives;
d) Criterion 8: Policies for the cooperative’s members and employees;
dd) Criterion 9: Science and technology application, branding and value chain creation.
3. Group of criteria of cooperative’s members, benefits of members and community, 40 points at maximum, including 6 criteria as follows:
a) Criterion 10: Members of the cooperative;
b) Criterion 11: Benefits of members;
c) Criterion 12. Cooperative’s products and services provided to its members;
d) Criterion 13: Information, communication and training;
dd) Criterion 14: Positive impacts on community;
e) Criterion 15: Rewards and commendations received in the year.
Article 8. Methods of assessment and ranking of cooperatives
1. Every year, the Board of Directors of the cooperative shall carry out an internal assessment and score the cooperative according to the criteria specified in Appendix 1 enclosed herewith. The Control Board (or controller) shall verify the internal assessment results according to the form provided in Appendix 2.
2. Based on the internal assessment results unanimously approved by both the Board of Directors and Control Board (or controller), the cooperative shall be ranked as follows:
a) Excellent: total score is from 80 to 100 points;
b) Good: total score is from 65 to less than 80 points;
c) Average: total score is from 50 to less than 65 points;
d) Poor: total score is less than 50 points.
3. New cooperatives that have operated for a period of less than 12 months or cooperatives that have suspended their operation for more than 3 months in the year shall not be assessed and ranked.
Article 9. Reporting
1. By December 15 every year, cooperatives shall make reports on internal assessment results according to the form in Appendix 2 enclosed herewith, and submit them, accompanied by reports on operational status made according to the form in Appendix I-19 enclosed with the Circular No. 07/2019/TT-BKHDT dated April 08, 2019 on amendments to the Circular No. 03/2014/TT-BKHDT dated May 26, 2014 of the Ministry of Planning and Investment providing guidance on registration of cooperatives and reporting on operational status of cooperatives, to cooperative registration offices.
2. By December 18 every year, district-level cooperative registration offices shall make and send consolidated reports on classification and assessment of cooperatives located in the district in the year to provincial-level cooperative registration offices.
3. By December 21 every year, provincial-level cooperative registration offices shall make and send consolidated reports on classification and assessment of cooperatives located in the province in the year to the Ministry of Planning and Investment.
4. The Ministry of Planning and Investment, provincial- and district-level cooperative registration offices shall make and send consolidated reports to same-level regulatory authorities.
Chapter 4.
IMPLEMENTATION
Article 10. Effect
This Circular comes into force as from April 01, 2020.
Article 11. Implementation organization
1. According to regulations herein, cooperatives and related organizations and individuals shall carry out assessment and classification of cooperatives to meet their demands.
2. Ministers, heads of ministerial agencies, heads of the Government’s affiliates and Chairpersons of People’s Committees of provinces and central-affiliated cities shall direct the implementation of regulations herein. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Planning and Investment for consideration./.
| MINISTER |
APPENDIX 1
LIST OF ASSESSMENT CRITERIA AND SCORING
(Enclosed with the Circular No. 01/2020/TT-BKHDT dated February 19, 2020 of the Minister of Planning and Investment)
Criteria/groups of criteria | Maximum points | Ranking – Determination methods | Notes | |||
I. Group of financial criteria (30 points at maximum) | I. Group of financial criteria (30 points at maximum) | I. Group of financial criteria (30 points at maximum) | I. Group of financial criteria (30 points at maximum) | |||
Criterion 1: Cooperative’s capital | 7 | a) Average total capital of the cooperative (the cooperative’s total capital includes the owner's equity and liabilities): - Less than VND 100 million: 0 point - From VND 100 million to less than VND 500 million: 1 point - From VND 500 million to less than VND 1 billion: 2 points - From VND 1 billion to less than VND 5 billion: 3 points - From VND 5 billion to less than VND 10 billion: 4 points - From VND 10 billion to less than VND 50 billion: 5 points - VND 50 billion or more: 6 points b) There is an increase in the cooperative’s total capital compared with the previous year: +1 point. |
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Criterion 2: Cooperative’s assets | 6 | a) Undistributed (average) assets of the cooperative - There is no undistributed assets: 0 point - Undistributed assets worth less than VND 100 million: 1 point; - Undistributed assets worth from VND 100 million to less than VND 500 million: 2 points; - Undistributed assets worth from VND 500 million to less than VND 1 billion: 3 points; - Undistributed assets worth from VND 1 billion to less than VND 2 billion: 4 points; - Undistributed assets worth VND 2 billion or more: 5 points. b) There is an increase in the cooperative’s undistributed assets compared with the previous year: +1 point. |
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Criterion 3: Cooperative’s business performance in the year | 4 | a) Total revenue from products sold and services rendered in the year - Less than VND 100 million: 0 point; - From VND 100 million to less than VND 1 billion: 1 point - From VND 1 billion to less than VND 5 billion: 2 points - From VND 5 billion to less than VND 10 billion: 3 points - VND 10 billion or more: 4 points |
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| 3 | b) Ratio of provision/consumption of products, services and jobs to members: The ratio of the value of products/services the cooperative provided to its members (or total amount of salaries the cooperative paid to its members) to total value of products/services provided by the cooperative (or total amount of salaries the cooperative paid to all of its employees): b1. Regarding cooperatives providing products/services - Less than 50%: 0 point - From 50% to less than 60%: 1 point - From 60% to less than 70%: 2 points - From 70% to less than 100%: 3 points b2. Regarding worker cooperatives: - Less than 30%: 0 point - From 30% to less than 40%: 1 point - From 40% to less than 50%: 2 points - From 50% to less than 100%: 3 points |
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| 4 | c) Profits (income) before tax in the year - The cooperative incurs loss or generates no profits: 0 point - Less than VND 200 million: 1 point - From VND 200 million to less than VND 500 million: 2 points - From VND 500 million to less than VND 1 billion: 3 points - VND 1 billion or more: 4 points |
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Criterion 4: Establishment of cooperative’s funds | 6 | a) Ratio of the amount contributed to the development investment fund to total income (profits after tax): - No contribution or the ratio is less than 20%: -1 point; - From 20% to less than 25%: 1 point - 25% or more: 2 points b) Ratio of the amount contributed to the reserve fund to total income (profits after tax): - No contribution or the ratio is less than 5%: -1 point; - From 5% to less than 10%: 1 point - 10% or more: 2 points c) Other funds are established (reward and welfare fund, etc.)/ total income (profits after tax): 2 points. |
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II. Group of cooperative’s management, administration and capacity criteria (30 points at maximum) | II. Group of cooperative’s management, administration and capacity criteria (30 points at maximum) | II. Group of cooperative’s management, administration and capacity criteria (30 points at maximum) | II. Group of cooperative’s management, administration and capacity criteria (30 points at maximum) | |||
Criterion 5: Compliance with laws and regulations during the cooperative’s organization and operation | 8 | a) The cooperative has complied with laws and regulations during its organization and operation: +3 points; If the cooperative has committed violations and not yet implemented remedial measures: -1 point for every violation (-3 points at maximum). b) The cooperative has complied with laws and regulations on establishment and registration of cooperatives: +3 points; If the cooperative has committed violations and not yet implemented remedial measures: -1 point for every violation (-3 points at maximum). c) The cooperative has complied with other laws and regulations: + 2 points; if the cooperative has committed violations: - 1 point for every violation (-2 points at maximum). |
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Criterion 6: Dispute and complaint settlement | 6 | a) The cooperative has promptly settled all internal complaints and denunciations: +3 points; It shall be given -1 point for every unsettled case (-3 points at maximum). b) The cooperative has settled all external disputes, complaints and denunciations: +3 points; It shall be given -1 point for every unsettled case (-3 points at maximum). |
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Criterion 7: Competencies of managers/executives (members of the Board of Directors, members of the Control Board, Director, Deputy Director(s)). | 6 | a) Ratio of managers possessing bachelor’s degree, or associate degree, or higher to total number of managers of the cooperative: - From 30% to less than 50%: 1 point; - 50% or more: 2 points; b) Ratio of managers possessing basic-level training certificate/diploma or higher to total number of managers of the cooperative: - From 30% to less than 50%: 1 point - 50% or more: 2 points c) Ratio of young managers (under 40 years of age) to total number of managers of the cooperatives - From 10% to less than 30%: 1 point - 30% or more: 2 points. |
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Criterion 8: Policies for the cooperative’s members and employees. Whether the cooperative has strictly implemented policies on salary, social insurance, health insurance and unemployment insurance for its employees and managers/executives, and regulations on occupational safety or not? | 6 | - If the cooperative does not owe salaries/wages to its employees against the law, it will be given 2 points. The cooperative will be given -0.5 point for every case of salaries/wages owed against the law (-2 points at maximum). - If the cooperative has fully paid allowances to members of the Board of Directors/Control Board as prescribed in its charter, it will be given 2 points. The cooperative will be given -1 point for every violation (-2 points at maximum). - The cooperative has fully implemented policies on social insurance, health insurance and unemployment insurance for its employees: +2 points; It will be given -0.5 point for every violation (-2 points at maximum). |
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Criterion 9: Science and technology application, branding and value chain creation | 4 | The cooperative will be given 0.5 point for each of the following contents (4 points at maximum): - The cooperative has a website, has engaged in e-commerce or performed transactions on forums/social networks (such as facebook, zalo, instagram, etc.); - It has created a brand of its products/goods; - It has its own identity or trademark; - It has made investment in machinery and equipment used in production and processing; - It has developed key products associated with the value chain or has joined a cooperative union or linkage with other cooperatives; - It is entitled to the patent rights or plant variety rights over new plant varieties created or discovered and developed by or over which the plant variety rights are granted to the cooperative; - An agricultural cooperative has applied and provided guidance on Good Agricultural Practice (GAP)/organic farming practices for its members; - It has complied with regulations on origin traceability; - It has applied other scientific and technological advances. |
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III. Group of criteria of cooperative’s members, benefits of members and community (40 points at maximum) | III. Group of criteria of cooperative’s members, benefits of members and community (40 points at maximum) | III. Group of criteria of cooperative’s members, benefits of members and community (40 points at maximum) | III. Group of criteria of cooperative’s members, benefits of members and community (40 points at maximum) | |||
Criterion 10: Members of the cooperative: Total members of the cooperative (4 points); New members’ ratio (3 points); Ratio of members participating in General Members’ Meetings (3); Ratio of members using the cooperative’s services (3 points) | 14 | a) Total members of the cooperative - 100 members or fewer: 1 point - From 101 to 300 members: 2 points - From 301 to 1,000 members: 3 points - More than 1,000 members: 4 points Notes: + A worker cooperative shall be given +2 points for this criterion and 4 points at maximum. + Total members of a cooperative (a cooperative union) whose members are also cooperatives shall include the number of members of its member cooperatives. E.g.: If the cooperative union A has 4 members, including cooperative B, C, D, E with total members of 10, 20, 30, 40 respectively, total members of the cooperative union A shall be 100 (10+20+30+40) members. Thus, it will be given 3 points for this criterion. b) New members’ ratio is the ratio of new members to total members of the cooperative: - The cooperative has no new members: 0 point; - The new members’ ratio is less than 10%: 1 point; - The new members’ ratio ranges from 10% to less than 20%: 2 points; - The new members’ ratio is 20% or more: 3 points. c) Ratio of members participating in General Members’ Meetings is the ratio of total members participating in General Members’ Meetings to total members eligible to participate in General Members’ Meetings - Less than 50%: 0 point; - From 50% to less than 70%: 1 point; - From 70% to less than 90%: 2 points; - From 90% to 100%: 3 points; d) Ratio of members using the cooperative’s services is the ratio of total members using the cooperative’s services to total members of the cooperative - Less than 40%: 0 point; - From 40% to less than 50%: 1 point; - From 50% to less than 60%: 2 points; - From 60% to less than 80%: 3 points; - From 80% to 100%: 4 points. |
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Criterion 11: Benefits of members | 6 | a) The cooperative provides products/services to its members with preferential prices: - There is no preferential prices offered: 0 point - Prices of products/services provided to members are lower than prices of those provided to non-members by less than 3%: 1 point - Prices of products/services provided to members are lower than prices of those provided to non-members by 3% to less than 5%: 2 points - Prices of products/services provided to members are lower than prices of those provided to non-members by 5% to less than 10%: 3 points - Prices of products/services provided to members are lower than prices of those provided to non-members by 10% or more: 4 points. b) Ratio of profits distributed according to the use of services is the ratio of profits distributed according to the use of services to total profits distributed. - 50% or lower: 0 points; - From 50% to 70%: 2 points; - From 70% to 90%: 3 points; - 90% or more: 4 points. | Total score is 6 points at maximum | |||
| 4 | c) The increase in average income of the cooperative’s members compared to the previous year: - There is neither increase nor decrease: 0 point; - There is an increase by less than 5%: 2 points; - There is an increase by 5% to less than 10%: 3 points; - There is an increase by 10% or more: 4 points |
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Criterion 12: Cooperative’s products and services provided to its members | 7 | a) The number of services provided by the cooperative to its members: - 1 service provided: 1 point - 2-3 services provided: 2 points; - 4 or more services provided: 3 points b) Quality of services provided to the cooperative’s members: - Fair: 1 point; - Good: 2 points; - Very good: 3 points; - Excellent: 4 points. |
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Criterion 13: Information, communication and training | 4 | Ratio of members provided with information and training in the year to total members of the cooperative: - Less than 10%: 0 point; - From 10% to less than 20%: 1 point; - From 20% to less than 40%: 2 points; - From 40% to less than 60%: 3 points; - 60% or more: 4 points. The cooperative is required to provide sufficient, timely and accurate information about its production, business, financial status, profit distribution and other contents as prescribed in its charter to its members. It will be given -1 point for every violation. |
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Criterion 14: Positive impacts on community: whether the cooperative has actively participated in or made contribution to local community or not? | 3 | The cooperative will be given 1 point for each of the following contents (3 points at maximum): - The cooperative has established Party cell and trade union; - It has made contribution or organized charity events; - The cooperative’s activities are eco-friendly and helpful in protecting environment; - The cooperative has established self-governing force or participated in local militia and self-defense forces; - It has provided equipment and training (or drilling) in firefighting, disaster response, search and rescue, etc.; - It has other activities recognized by the community. |
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Criterion 15: Rewards and commendations received in the year (according to the highest rewarding level) | 2 | - The cooperative has won rewards at provincial level or higher level: 2 points - The cooperative has won district-level rewards: 1 point |
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File gốc của Circular No. 01/2020/TT-BKHDT dated February 19, 2020 providing guidance on classification and assessment of cooperatives đang được cập nhật.
Circular No. 01/2020/TT-BKHDT dated February 19, 2020 providing guidance on classification and assessment of cooperatives
Tóm tắt
Cơ quan ban hành | Bộ Kế hoạch và Đầu tư |
Số hiệu | 01/2020/TT-BKHDT |
Loại văn bản | Thông tư |
Người ký | Nguyễn Chí Dũng |
Ngày ban hành | 2020-02-19 |
Ngày hiệu lực | 2020-04-01 |
Lĩnh vực | Doanh nghiệp |
Tình trạng | Còn hiệu lực |