Guidelines for the Implementation of the Decree on Associations
关于贯彻执行社团法令的指引
ຄຳແນະນຳ ກ່ຽວກັບການຈັດຕັ້ງປະຕິບັດ ດຳລັດວ່າດ້ວຍສະມາຄົມ
Summary
Implementation guidelines by the Ministry of Home Affairs under Article 80 of the Decree on Associations (No. 238/Gov) further explaining terms of establishment principles, renaming, relocation, special associations, special conditions for economic associations, approval procedures and congress procedures, branch office establishment, specific duties of the Ministry, violations and handling measures, and organization of implementation.
Articles
Article 1
Introduction. Pursuant to Article 80 of the Association Decree No. 238/Government dated August 11, 2017, the Ministry of Interior issues the following guidelines for the implementation of the Association Decree. I. Purpose and Objectives: 1. To explain, elaborate, and further clarify the content of certain provisions of the Decree; 2. To enable approval authorities, registration authorities, and associations to be aware, understand, reach consensus, and proactively implement the Decree with a high sense of responsibility, ensuring efficient and up-to-date association management.
Article 2
2. Content. (a) Meanings of terms in the principles of association establishment and activities: 1) Principle of regular activity means: The association has personnel stationed at the office during administrative hours to work and coordinate with relevant departments, ensuring the normal performance of the association’s functions and duties, and achieving planned targets according to the annual plan and the association’s purposes. 2) Principle of self-management and legal responsibility means: Association members agree among themselves on the forms and methods of internal management through their own charter; all activities of the association, regardless of success or failure or any omissions, are the legal responsibility of the association itself. 3) Principle of financial self-reliance means: How the association raises funds for its activities each year is its own responsibility. The association’s main sources of income are member contributions, public donations, corporate sponsorship, and may include funding from domestic or foreign government agencies. 4) Principle of transparency and openness means: All activities, revenues, and expenditures of the association must be clear, reported to association members, and accessible, queryable, and verifiable by interested members of the public or any organization. 5) Principle of equality means: All associations and association members have equal rights under the law and the association’s charter, with equal opportunities in terms of contributions, benefits, and even in providing opinions to the association.
Article 3
(2) Change of Association Name. A name change shall be carried out in accordance with the voluntary principle of association members and the provisions of the association’s charter, provided that internal consensus within the association is ensured. After formal agreement, the association shall report to and submit a request to the approving establishment authority, which shall acknowledge it within fifteen (15) days. Upon receipt of the request documents, the approving authority shall issue an agreement acknowledging or not acknowledging the name change within fifteen (15) days. If the name change is acknowledged, the association shall report to the Ministry of Public Security to change the name in the association register. The new name of the association may only be used from the date the approving establishment authority formally issues the acknowledgment agreement.
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