Thông tư 1/2022/TT-BNV sửa đổi Thông tư 03/2013/TT-BNV hướng dẫn Nghị định 45/2010/NĐ-CP quy định về tổ chức, hoạt động và quản lý hội và Nghị định 33/2012/NĐ-CP sửa đổi Nghị định 45/2010/NĐ-CP do Bộ trưởng Bộ Nội vụ ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 03/2013/TT-BNV DATED APRIL 16, 2013 OF THE MINISTER OF HOME AFFAIRS OF VIETNAM ON IMPLEMENTATION OF THE DECREE NO. 45/2010/ND-CP DATED APRIL 21, 2010 OF THE GOVERNMENT ON THE ORGANIZATION, OPERATION AND MANAGEMENT OF ASSOCIATION AND DECREE NO. 33/2012/ND-CP DATED APRIL 13, 2012 OF THE GOVERNMENT ON AMENDMENTS TO A NUMBER OF ARTICLES OF DECREE NO. 45/2010/ND-CP

Pursuant to Decree No. 34/2017/ND-CP dated April 03, 2017 of Government on functions, tasks, powers, and organizational structure of the Ministry of Home Affairs of Vietnam;

Pursuant to the Government’s Decree No. 45/2010/ND-CP dated April 21, 2010 on the organization, operation and management of associations; Government’s Decree No. 33/2012/ND-CP dated April 13, 2012 on amendments to some Articles of the Decree No. 45/2010/ND-CP;

At request of Director of Department of Non-Governmental Organization,

The Minister of Home Affairs issues a Circular on amendments to some Articles of Circular No. 03/2013/TT-BNV dated April 16, 2013 of the Minister of Home Affairs of Vietnam on implementation of the Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government on the organization, operation and management of association and Decree No. 33/2012/ND-CP dated April 13, 2012 of the Government on amendments to a number of Articles of Decree No. 45/2010/ND-CP

Article 1. Amendments to some Articles of Circular No. 03/2013/TT-BNV dated April 16, 2013 of the Minister of Home Affairs of Vietnam on implementation of the Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government on the organization, operation and management of association and Decree No. 33/2012/ND-CP dated April 13, 2012 of the Government on amendments to a number of Articles of Decree No. 45/2010/ND-CP

1. Clause 6 Article 2 shall be amended as follows:

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2. Clause 7 Article 2 shall be added as follows:

“7. Method of calculation of the time limit for the congresses

a) Term-based congresses:

The congress terms shall comply with regulations of Clause 3, Article 20 Decree No. 45/2010/ND-CP.  If the association prolongs the term of the congress, the time limit for organization of the next congress shall be calculated from the date on which the association organizes the new term-based congress.

b) Extraordinary congresses:

If the association organizes the extraordinary congress for the purpose of approval for change of name, the time limit for organization the next congress shall be calculated from the date on which the association organizes the extraordinary congress;

If the association organizes the extraordinary congress for the purpose of approval for division, separation, merger or consolidation, the time limit for organization of the next term-based congress of the new association that has been established by division, separation, merger or consolidation shall be calculated from the date on which the association organizes the congress to establish new association.

3. Article 3 shall be amended as follows:

“Article 3. Associations seriously violate the law

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2. The association seriously violates the law as prescribed in Clause 3, Article 29 of Decree No. 45/2010/ND-CP if the competent state agency specified in Article 14 of Decree No. 45/2010/ND-CP or the state management agency regarding operation of the association confirms that the same violations of association have been repeated three times or more against the association's obligations specified in Article 24 of Decree No. 45/2010/ND-CP”.

4. Clause 2 Article 8 shall be amended as follows:

“2. The person who is expected to be the head of the association shall have his/her resume and criminal record. If the person is an official or public employee or an official or public employee who has retired under the written consent of the competent authority in accordance with regulations on decentralization of management of official, his/her shall not have criminal record.

Article 2. Transitional provision

The dossiers on reports on organization of the term-based congresses or extraordinary meetings that have been reported to competent state authorities specified in Article 14 of Decree No. 45/2010/ND-CP before the effective date of this Circular shall continue to comply with regulations of Circular No. 03/2013/TT-BNV dated April 16, 2013 of the Minister of Home Affairs of Vietnam detailing the implementation of the Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government on the organization, operation and management of association and Decree No. 33/2012/ND-CP dated April 13, 2012 of the Government on amendments to a number of articles of Decree No. 45/2010/ND-CP

Article 3. Responsibility of implementation

1. This Circular comes into force as of March 03, 2022.

2. The Ministers, heads of the ministerial-level agencies, heads of the governmental agencies, the Presidents of the People's Committees of provinces shall be responsible for the implementation of this Circular./.

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MINISTERPham Thi Thanh Tra