New regulations on the establishment of local cooperative funds operating under the cooperative model

The Government 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.

Xuyen Son Production, Trade, Service and Tourism Cooperative in Ha Tinh develops high-tech agriculture .

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. In particular, it provides more detailed and specific regulations on the process of establishing new local cooperative funds operating under the cooperative model; supplementing procedures for granting Certificates, notifying temporary suspension of operations, resuming operations and publicizing registration information for local cooperative funds operating under the cooperative model. Specifically:

Amend and supplement point e, clause 5, Article 15

"e) After the Resolution on establishing a local cooperative fund operating under the cooperative model is approved by the Founding Conference or the Members' Congress, the person authorized to submit the application for registration of the local cooperative fund operating under the cooperative model (hereinafter referred to as the authorized person) shall carry out the procedures to be granted a Certificate of Registration as prescribed in Clause 6 of this Article;".

Regulations on procedures for granting registration certificates for local cooperative funds operating under the cooperative model

Add Clause 6, Clause 7 and Clause 8 to Article 15

"6. Procedures for granting a Certificate of Registration for a Local Cooperative Fund operating under the cooperative model:

a) Procedure, method, subject of implementation, and settlement agency:

The authorized person shall submit the application to the Commune-level Business Registration Authority in accordance with the provisions of law (hereinafter 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.

Within 03 working days from the date of receipt of the dossier, the Business Registration Authority shall review the validity of the registration dossier and issue a Certificate of Registration of a Local Cooperative Fund operating under the cooperative model. In case the dossier is invalid, the Business Registration Authority shall notify in writing the contents that need to be amended or supplemented to the authorized person; in case of refusal, it shall notify in writing and state the reasons.

Within 60 days from the date the Business Registration Authority issues a notice requesting amendments and supplements to the dossier, the authorized person must resubmit the amended and supplemented dossier as requested. After the above deadline, if the authorized person does not resubmit the amended and supplemented dossier on the Cooperative Registration Information System, the registration dossier will no longer be valid and the Business Registration Authority will cancel the registration dossier on the Cooperative Registration Information System.

During the period when the Business Registration Authority has not yet issued the Registration Certificate, the authorized person may submit a written request to stop the registration procedure; the person authorized to sign the written request to stop the registration procedure is the person who signs the registration request. The Business Registration Authority shall consider, issue a notice to stop the registration procedure and cancel the registration dossier within 03 working days from the date of receipt of the written request to stop the registration procedure. In case of refusal to stop the registration procedure, the Business Registration Authority shall issue a written notice stating the reason for refusal.

b) Number and components of documents: 01 set of documents including:

Application for registration of local cooperative fund operating under cooperative model.

Resolution of the Founding Conference or Members' Congress on the establishment or reorganization of a local cooperative fund operating under a cooperative model, clearly stating the person authorized to submit the application for registration of a local cooperative fund operating under a cooperative model.

Charter of organization and operation of local cooperative funds operating under the cooperative model.

List of capital contributors to the local cooperative fund operating under the cooperative model.

List of legal representatives of local cooperative funds operating under the cooperative model.

c) Method of payment of business registration fees: Implemented as the method of payment of business registration fees for cooperatives, cooperative unions, branches, representative offices, and business locations specified in Article 22 of Decree No. 92/2024/ND-CP dated July 18, 2024 of the Government on registration of cooperative groups, cooperatives, cooperative unions and amendments, supplements, and replacements (if any).

d) Application form for registration of local cooperative funds operating under the cooperative model: In Appendix I attached to this Decree.

d) In case of changes to the contents of the Registration Certificate, the local cooperative fund operating under the cooperative model shall carry out the procedures at points a, c and d of this clause to be granted a new Registration Certificate. The components of the registration dossier for changes include:

Application for registration of change in registration content of local cooperative fund operating under cooperative model.

Copy or original of the minutes of the General Meeting of Members on changing the content of the Registration Certificate.

Supplementing regulations on public disclosure of registration information for local cooperative funds operating under the cooperative model

7. Public information on registration of local cooperative funds operating under the cooperative model: Organizations and individuals can look up registration information of 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.

8. Notice of temporary suspension and resumption of operations for local cooperative funds operating under the cooperative model:

a) In case a local cooperative fund operating under the cooperative model temporarily suspends or resumes operations, the local cooperative fund operating under the cooperative model shall send a notification dossier to the Business Registration Authority where the local cooperative fund operating under the 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 suspending operations after the expiry of the notified period, it shall send a notification dossier of temporary 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.

b) The dossier notifying the temporary suspension of operations of the local cooperative fund operating under the cooperative model includes the following documents:

Notice of temporary suspension of operations.

Copy or original of the minutes of the General Meeting of Members on the suspension of operations.

Copy or original of the resolution of the Members' Meeting on suspension of operations.

c) The notification dossier for resumption of operations of the local cooperative fund operating under the cooperative model includes the notification for resumption of operations.

d) After receiving the notification dossier, the Business Registration Authority shall issue a receipt, check the validity of the dossier and issue a certificate confirming that the local cooperative fund operating under the cooperative model has temporarily suspended its operations, and a certificate confirming that the local cooperative fund operating under the cooperative model has resumed operations within 03 working days from the date of receiving the valid dossier.

d) In case a local cooperative fund operating under the cooperative model announces temporary suspension of operations, the Business Registration Authority shall update the legal status of the local cooperative fund operating under the cooperative model from "In operation" to "Temporarily suspended".

e) The form for notification of temporary suspension/resumption of operations of local cooperative funds operating under the cooperative model is in Appendix II attached to this Decree.".

Add the subject of Local Cooperative Fund operating under the cooperative model on the Cooperative Registration Information System

In addition, 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. At the same time, the responsibilities of the Ministry of Planning and Investment are transferred to the responsibilities of the Ministry of Finance (in Article 51) to comply with the merger of these two Ministries and add a number of new responsibilities regarding the addition of subjects; providing registration information, legal status related to the Local Cooperative Fund operating under the cooperative model on the Cooperative Registration Information System. Specifically as follows:

"Article 51. Responsibilities of the Ministry of Finance

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 to submit to competent authorities for promulgation or promulgate according to authority. 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. Monitor and inspect the use of state budget capital allocated to the Central Cooperative Fund according to the provisions of the Law on Public Investment and relevant laws. Add subjects of the Local Cooperative Fund operating under the cooperative model to the Cooperative Registration Information System. Provide information on the registration content of local cooperative funds operating under the cooperative model, 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 as prescribed by law.".

This Decree comes into force from September 26, 2025.

Source: https://baohatinh.vn/quy-dinh-moi-ve-thanh-lap-quy-htx-dia-phuong-hoat-dong-theo-mo-hinh-htx-post296420.html