New regulations on the establishment of local cooperative funds

The Government has just issued Decree No. 253/2025/ND-CP dated September 26, 2025 amending and supplementing a number of articles of Decree No. 45/2021/ND-CP dated March 31, 2021.

Workers of Phuc Hoang Cooperative, An Duong Ward, take care of and propagate cherry blossom trees. Photo: TRUNG KIEN

The Government has just issued Decree No. 253/2025/ND-CP dated September 26, 2025 amending and supplementing a number of articles of Decree No. 45/2021/ND-CP dated March 31, 2021 of the Government on the establishment, organization and operation of the Cooperative Development Support Fund.

Notably, Decree No. 253/2025/ND-CP amends and supplements a number of provisions in Article 15 of Decree No. 45/2021/ND-CP on the establishment of new local cooperative funds, providing more detailed and specific regulations on the process of establishing local cooperative funds operating under the cooperative model; supplementing procedures for granting Certificates, notifying temporary suspension of operations, resuming operations and publicizing registration information of local cooperative funds.

The Decree has amended Point e, Clause 5, Article 15, stipulating that after the Founding Conference or the Members' Congress passes the Resolution on establishing the Fund, the authorized person on behalf of the Fund shall submit the registration dossier to the business registration authority to be granted the Fund Registration Certificate. In addition, the Decree supplements detailed provisions in Clauses 6, 7, 8, Article 15, to specify the order and procedures for establishing, registering and publicizing information about the Cooperative Fund.

Accordingly, the authorized person shall submit the application to the Commune-level Business Registration Authority in accordance with the provisions of law (collectively referred to as the Business Registration Authority) in one of three ways: Direct registration, registration via postal service or online registration on the Cooperative Registration Information System.

The registration dossier of a local cooperative fund operating under the cooperative model shall be accepted into the Cooperative Registration Information System when all of the following conditions are met: There is a complete dossier as prescribed in this Decree; the name of the local cooperative fund has been filled in the registration application; there is a phone number of the authorized person; the business registration fee has been paid as for a cooperative as prescribed by law, except in cases where the business registration fee is exempted as prescribed.

In case the authorized person submits the application by direct registration or by postal service, after receiving the application, the Business Registration Authority shall issue a receipt of the application to the authorized person and enter complete and accurate information in the application for registration of the Local Cooperative Fund operating under the cooperative model, check the validity of the application and download the digitized documents, name the electronic documents corresponding to the name of the type of document in the paper application and attach it to the Cooperative Registration Information System. In case the authorized person submits the application by online registration, the Business Registration Authority shall receive the application into the Cooperative Registration Information System when all conditions are met...

The registration dossier includes 1 set, including the Application for registration of a local cooperative fund operating under the cooperative model.

The method of payment of business registration fees is implemented according to the provisions of Article 22 of Decree No. 92/2024/ND-CP dated July 18, 2024 of the Government and amendments, supplements and replacements (if any).

Organizations and individuals can look up registration information for local cooperative funds operating under the cooperative model for free at the National Business Registration Information Portal, including: Fund name; Fund code; Fund headquarters address; business lines; name of the Fund's legal representative; legal status of the Fund.

In case a local cooperative fund operating under a cooperative model temporarily suspends or resumes operations, the local cooperative fund operating under a cooperative model shall send a notification dossier to the Business Registration Authority where the local cooperative fund operating under a cooperative model is headquartered at least 03 working days before the date of temporary suspension or resumption of operations.

In case a local cooperative fund operating under the cooperative model wishes to continue to suspend operations after the notified period has expired, it shall send a notice of suspension of operations to the Business Registration Authority at least 03 working days before the date of continued suspension of operations. The suspension period of each notification shall not exceed 12 months.

The suspension notice dossier includes: Notice of suspension of operations; minutes of the Members' General Meeting on suspension of operations; resolution of the Members' General Meeting on suspension of operations.

Decree No. 253/2025/ND-CP abolishes Article 53 of Decree No. 45/2021/BD-CP on the responsibilities of the Ministry of Planning and Investment; transfers the responsibilities of the Ministry of Planning and Investment to the responsibilities of the Ministry of Finance (in Article 51) to comply with the merger of these two Ministries and adds a number of new responsibilities regarding the addition of subjects; providing registration information and legal status related to local cooperative funds operating under the cooperative model on the Cooperative Registration Information System. Specifically as follows:

The Ministry of Finance shall preside over and coordinate with ministries, branches, provincial People's Committees and relevant units to complete, amend and supplement legal documents on the organization and operation of the Cooperative Fund and submit them to competent authorities for promulgation or promulgate them according to their competence; balance and arrange public investment capital to supplement the charter capital of the Central Cooperative Fund according to the provisions of the Law on Public Investment and documents guiding the Law on Public Investment.

The Ministry of Finance also monitors and inspects the use of state budget capital allocated to the Central Cooperative Fund in accordance with the provisions of the Law on Public Investment and relevant laws; adds the subject of the Local Cooperative Fund operating under the cooperative model to the Cooperative Registration Information System.

The Ministry of Finance shall provide information on the registration contents of local cooperative funds operating under the cooperative model, the legal status and other information of local cooperative funds operating under the cooperative model stored in the Cooperative Registration Information System to state management agencies and other relevant agencies in accordance with the provisions of law.

PV

Source: https://baohaiphong.vn/quy-dinh-moi-ve-thanh-lap-quy-hop-tac-xa-dia-phuong-522007.html