Nghị định 02/CP năm 1997 về nhiệm vụ, quyền hạn và trách nhiệm quản lý Nhà nước của các Bộ, cơ quan ngang Bộ, cơ quan thuộc Chính phủ, Uỷ ban nhân dân các cấp đối với hợp tác xã

DECREE

ON THE TASKS, POWERS AND RESPONSIBI-LITIES OF THE MINISTRIES, THE MINISTERIAL-LEVEL AGENCIES, THE AGENCIES ATTACHED TO THE GOVERNMENT AND THE PEOPLE�S COMMITTEES OF VARIOUS LEVELS FOR STATE MANAGEMENT OVER COOPERATIVES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;Pursuant to the Law on Cooperatives of March 20, 1996;At the proposal of the Minister-Chairman of the Government Commission on Organization and Personnel,

DECREES:

Article 1.- The Ministers, the ministerial-level agencies and the agencies attached to the Government exercising State management over the cooperatives shall, within the ambit of their functions and competence, have the following tasks and powers:

1. To study and elaborate the strategic objectives, the general plan, concrete plans and orientations for the development of cooperatives throughout the country in the branches and fields under their management, direct the lower-level administrative bodies and provide guidance and assistance for the implementation by various cooperative organizations.

2. Basing themselves on the Law on Cooperatives and other provisions of law, to elaborate the model Statute and draft the supplements and amendments to the model Statute in their own branches and submit them to the Government for promulgation; to guide and inspect the application of the Law on Cooperatives, the model Statute and other provisions of law related to the cooperatives.

3. To study, carry out and review the implementation of undertakings and policies of the Party and State regarding the cooperatives in the branches and fields under their management; to propose to the Government to amend or supplement policies aimed at boosting the development of the cooperative economy.

4. To draft and submit to the Government for approval or approve by themselves according to their competence the national programs and projects as well as the programs and projects funded by foreign countries or international organizations for the development of the cooperative economy; to direct and inspect the implementation of such programs and projects.

5. To plan and organize the training and fostering the managerial and professional skills of managing cadres of cooperatives in their respective branches and the promotion of professional skills for the laborers in the cooperatives in accordance with their assigned tasks and powers or join efforts with the agencies and organizations which are tasked to train and foster cadres and laborers in the cooperatives.

6. To examine and inspect the cooperatives in the branches or fields under their management in accordance with the provisions of law.

7. To coordinate with the Vietnam Fatherland Front and its member organizations, the Union of Vietnamese Cooperatives and the provincial Peasants’ Associations in organizing the implementation of the cooperative legislation and mobilizing people to participate in the building and development of cooperatives.

Article 2.- The People’s Committees of provinces and cities directly under the Central Government (hereafter referred to as the provincial People�s Committees) performing the function of State management over the cooperatives set up and operating on the provincial territory shall have the following tasks and powers:

1. To study, elaborate the strategic objectives, the general plan and concrete plans on the development of the cooperative economy of various economic branches on the provincial territory, guide and inspect their implementation.

2. To guide, inspect and examine the implementation of the Law on Cooperatives, the model Statute and other legal documents related to the cooperatives.

3. To direct and inspect the implementation of programs and projects funded by the State budget or foreign countries and international organizations for the development of the cooperative economy.

4. To consider and approve Statutes, amended Statutes, grant or withdraw business licenses of the Unions of Cooperatives with head offices located on the provincial territory.

5. To consider the grant or withdrawal of business licenses of cooperatives, unions of cooperatives conducting business in special branches and occupations as provided for by the Government.

6. To grant or withdraw permits for cooperatives in other provinces where branches, representative offices or attached units are located on the provincial territory.

7. To provide financial assistance and other material conditions for the training and fostering of cadres for running the provincial Union of Cooperatives.

8. To coordinate with the provincial Fatherland Front and its member organizations as well as with the provincial Union of Cooperatives and Peasants’ Association in organizing the enforcement of the cooperative legislation and implementation of programs and projects on the development of cooperatives.

9. To settle complaints and denunciations and handle violations of the cooperative legislation according to their competence; to protect the legitimate rights and interests of the cooperatives, cooperative members and laborers in the cooperatives.

10. To propose the amendment or supplement to policies on the development of cooperatives.

Article 3.- The People’s Committees of districts, towns and cities under the provinces (hereafter referred to as the district People’s Committees) performing the State management over the cooperatives set up and operating on the district territory shall have the following tasks and powers:

1. To guide and inspect the observance of the Law on Cooperatives, the model Statute and other legal documents related to cooperatives.

2. To campaign and create conditions for the formation and development of the cooperatives in their localities.

3. To consider and approve Statutes and amended Statutes, grant or withdraw business licenses of cooperatives with head offices located on the district territory; to approve the merger or split of cooperatives.

4. To grant or withdraw permits of cooperatives from other district of the province whose branches, representative offices or attached units are located on the district territory.

5. To carry out State inspection, settle complaints, denunciations and acts of violation of the cooperative legislation according to their competence; to protect the legitimate rights and interests of the cooperatives, cooperative members and laborers in the cooperatives in accordance with the assigned competence.

Article 4.- The People’s Committees of communes, wards and townships (hereafter referred to as the communal People’s Committee) performing State management over the cooperatives established and operating on the communal territory shall have the following tasks and powers;

1. To organize the dissemination and popularization, provide guidance and create favorable conditions for the establishment of cooperatives in accordance with the Law on Cooperatives, the model Statute and other related legal documents.

2. To consider establishment plans, orientations and operating plans of cooperatives and on the basis of conditions provided for by law, reply in writing to the cooperative founders on the approval or disapproval (stating clearly the reasons) and report the reply to the district People’s Committee.

3. To ratify the head offices of cooperatives in the locality.

Article 5.- The People�s Committee of all levels shall report to the People’s Council of the same level for decision the policy and measures for building and developing the cooperative in the locality, to campaign for and mobilize people to join the cooperative and supervise the implementation of the legislation on cooperatives.

Article 6.- The Ministries, the ministerial-level agencies, the agencies attached to the Government and the People’s Committee of different levels shall appoint qualified cadres to assist their leaders in performing the function of State management over the cooperatives.

Article 7.- This Decree takes effect from the date of its promulgation. The earlier stipulations which are contrary to this Decree are now annulled.

Article 8.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government and the President of the Vietnam Union of Cooperatives shall have to implement this Decree.

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