Guidelines on the Implementation of the Decree on Associations (No. 115/PM, dated April 29, 2009)
关于贯彻实施《社团法令》(第115/总理号,2009年4月29日颁布)的指导意见
ຄຳແນະນຳ ກ່ຽວກັບການຈັດຕັ້ງປະຕິບັດ ດຳລັດ ວ່າດ້ວຍສະມາຄົມ (ສະບັບເລກທີ 115/ນຍ, ລົງວັນທີ 29 ເມສາ 2009)
Summary
This guideline, issued by the Ministry of Home Affairs and Public Administration (ທປຄ) on December 8, 2009, provides interpretation and implementation guidance on certain provisions of the Decree on Associations, covering association formation, charter approval, personnel and financial management, merger, division, change and dissolution, and responsibilities of state management authorities.
Articles
Article 1
Refers to an association as defined in Article 4 of the Decree, which operates around common interests, ideologies, aspirations, gender, or age, and is beneficial to society.
11. Conditions, documents, review, and duties of the association preparatory committee.
A. Association preparatory committee: The number of members of the association preparatory committee may be determined based on the needs of the founders, but shall not be less than three persons; and at least one of them must possess a professional qualification (holding a diploma or certificate) relevant to the objectives of the association. In the field of activities the association intends to pursue, if no diploma or certificate is available, at least one member of the preparatory committee must have experience related to the field of the association’s activities.
B. Documents for establishing the association preparatory committee include:
1. An application from the founders of the association to the Ministry of Home Affairs and Civil Service (ທປຄ) or the province/city regarding the establishment of the preparatory committee;
2. Proof of residence of the members of the preparatory committee;
3. Curriculum vitae of the members of the preparatory committee;
4. Criminal record certificate (character certificate) of the members of the preparatory committee;
5. Diplomas, professional qualification certificates, or proof of experience of the members of the preparatory committee.
C. Review of the association preparatory committee: After receiving the application from the founders for the establishment of the association preparatory committee, the Ministry of Home Affairs and Civil Service or the province/city shall respond within 30 days, either approving or disapproving the establishment of such preparatory committee.
D. Duties of the association preparatory committee: After obtaining approval for establishment from the Ministry of Home Affairs and Civil Service or the province/city and being recognized, the preparatory committee has the following main duties:
1. Organize the establishment of the association and recruit members; if it is necessary to conduct promotional activities in the form of meetings with multiple participants, approval must be sought from the provincial or city administrative authority; the application shall state the purpose, content, and steps of the promotion, and must ensure social order.
2. Prepare complete documents for the establishment of the association in accordance with Article 13 of the Decree.
3. After preparing the complete documents for the establishment of the association, the preparatory committee shall submit the documents to the following authorities:
— For associations intending to operate widely nationwide or across multiple provinces and cities in certain areas, submit the documents to the Ministry of Home Affairs and Civil Service for review and approval;
— For associations intending to operate within the scope of a province, city, district, municipality, or village, submit the documents to the provincial or city administrative office for study, and then to the governor or mayor for review and decision on approval of establishment.
12. Regarding the number of persons voluntarily registering to become members of the association:
1. For associations intending to operate widely nationwide or across multiple provinces and cities in certain areas, there must be at least 25 persons who are legally and formally registered from multiple provinces.
2. For associations operating within the scope of a province or city, there must be at least 15 persons who are legally and formally registered within that province or city.
3. For associations operating within the scope of a district or municipality, there must be at least 10 persons who are legally and formally registered within that district or municipality.
4. For associations with a special nature operating nationwide, across provinces and cities, within a province or city, or within a district, municipality, or village, the number of persons registering as members may not need to meet the full number required by the Decree. For example: associations for persons with disabilities (blind, deaf, mute, physically disabled...), the Ministry of Home Affairs and Civil Service, province, or city will review on a case-by-case basis.
13. Regarding documents proving the office premises of the association: All associations must declare the working address of their office premises and declare the land and building ownership documents (self-owned or leased from others) for the building of such office premises. For associations operating in rural areas or areas far from towns, at least the house number, village, district, and province of the association’s activity location must be declared.
14. Regarding convening the founding meeting of the association: The association preparatory committee shall prepare and convene the founding meeting of the association within 90 days from the date of approval for the establishment of the association. The content of the meeting includes: reading the decision approving the establishment of the association, adopting the association’s charter, electing the board of directors and the chairperson or president of the supervisory committee, adopting the association’s activity plan, and adopting the resolution of the founding meeting. The association preparatory committee shall convene the founding meeting to establish the association within 90 days from the effective date of the decision on provisional approval for the establishment of the association. If the founding meeting cannot be convened within the above period, the association preparatory committee shall submit an application to the Ministry of Home Affairs and Civil Service or the province/city requesting an extension; upon receiving such application, the said state authority may approve an extension of no more than 60 days from the expiration of the aforementioned 90-day period. If, after the expiration of the approved extension period, the association still cannot convene the founding meeting, the decision on provisional approval for the establishment of the association shall become void, and the association shall be deemed unable to be established.
15. Approval of the association’s charter:
1. Within 30 days from the date of convening the founding meeting, the board of directors of the association shall submit a report on the results of the meeting, the election records of the board of directors and the chairperson, vice-chairperson, and supervisory committee, the draft charter adopted by the meeting, the meeting resolution, together with an application for approval of the association’s charter, to: the Ministry of Home Affairs and Civil Service for associations intending to operate widely nationwide or across multiple provinces and cities in certain areas; the provincial or city administrative office for associations operating within the scope of a province, city, district, municipality, or village.
2. Within 60 days from the date of complete receipt of all documents, in accordance with
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