Decree No. 253/2025/ND-CP on providing amendments to Government’s Decree No. 45/2021/ND-CP on establishment, organization and operation of cooperative development assistance funds

DECREE

 PROVIDING AMENDMENTS TO GOVERNMENT’S DECREE NO. 45/2021/ND-CP DATED MARCH 31, 2021 ON ESTABLISHMENT, ORGANIZATION AND OPERATION OF COOPERATIVE DEVELOPMENT ASSISTANCE FUNDS

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Governments No. 72/2025/QH15;

Pursuant to the Law on State Budget No. 83/2015/QH13;

Pursuant to the Law on Credit Institutions No. 32/2024/QH15;

Pursuant to the Law on Public Investment No. 58/2024/QH15;

Pursuant to the Law on Cooperatives No. 17/2023/QH15;

At the request of the Minister of Finance of Vietnam;

The Government promulgates a Decree providing amendments to Government’s Decree No. 45/2021/ND-CP dated March 31, 2021 on establishment, organization and operation of cooperative development assistance funds.

Article 1. Amendments to Government’s Decree No. 45/2021/ND-CP dated March 31, 2021 on establishment, organization and operation of cooperative development assistance funds (hereinafter referred to as “Decree No. 45/2021/ND-CP”)

1. Point e clause 5 Article 15 is amended as follows:

“e) After the resolution on establishment of a provincial cooperative fund operating under the cooperative business model has been approved by the establishment meeting or the General Meeting of Members, the person authorized to submit the application for registration of the provincial cooperative fund operating under the cooperative business model (hereinafter referred to as “authorized person”) shall follow procedures for issuance of certificate of registration as prescribed in clause 6 of this Article;”.

2. Clause 6, Clause 7 and Clause 8 are added to Article 15 as follows:

“6. Procedures for issuance of certificate of registration of provincial cooperative fund operating under the cooperative business model:

a) Order, methods, eligible applicant and processing authority:

The authorized person shall submit an application to the commune-level business registration authority in accordance with regulations of law (hereinafter referred to as “business registration authority”) by one of the following three methods: direct submission, submission by post, or online submission on the Cooperative Registration Information System.

An application for registration of provincial cooperative fund operating under the cooperative business model shall be received and updated on the Cooperative Registration Information System when all of the following conditions are satisfied: The application contains adequate documents as prescribed in this Decree; the name of the provincial cooperative fund on the application form is available; the authorized person’s telephone number is available; and the business registration fee has been paid in the same manner as that to be paid by a cooperative as prescribed by law, unless exempted as prescribed by law.

If the authorized person submits the application directly or by post, upon receipt of the application, the business registration authority shall issue an application receipt to the authorized person, adequately and accurately enter the information contained in the application for registration of provincial cooperative fund operating under the cooperative business model, check the validity of the application, upload the digitalized documents to the Cooperative Registration Information System, and name such electronic files in correspondence with the names of the physical documents in the application. Where the authorized person submits the application online, the business registration authority shall receive and update the application on the Cooperative Registration Information System if all conditions are satisfied.

Within 03 business days from its receipt of the application, the business registration authority shall check the validity of the received application and issue a certificate of registration of provincial cooperative fund operating under the cooperative business model. If the application is invalid, the business registration authority must request the authorized person in writing to make modifications; if an application is refused, a written response indicating reasons for such refusal shall be given.

Within 60 days from his/her receipt of the written request for modifications from the business registration authority, the authorized person must resubmit the application after making modifications as requested. Upon expiry of this period, if the authorized person fails to resubmit the application, which has been modified as requested, on the Cooperative Registration Information System, the previously submitted application shall be invalidated and be cancelled on the Cooperative Registration Information System by the business registration authority.

While a certificate of registration has not yet issued by the business registration authority, the authorized person may submit a written request for suspension of registration procedures; such a request must be signed by the person who signed the application form for registration. The business registration authority shall consider giving a notice of suspension of registration procedures and cancel the application for registration within 03 business days from its receipt of the request. If the request for suspension of registration procedures is refused, the business registration authority shall give a written notice indicating reasons for such refusal.

b) Quantity and components of the application: 01 application package includes:

An application form for issuance of certificate of registration of provincial cooperative fund operating under the cooperative business model.

Resolution of the establishment meeting or the General Meeting of Members on the establishment or reorganization of the provincial cooperative fund operating under the cooperative business model, which must clearly indicate the person authorized to submit the application.

The charter on organization and operation of the provincial cooperative fund operating under the cooperative business model.

The list of capital contributors of the provincial cooperative fund operating under the cooperative business model.

The list of legal representatives of the provincial cooperative fund operating under the cooperative business model.

c) Method of payment of the business registration fees: Such payment shall be made in the same manner as the payment of business registration fees by cooperatives, cooperative unions, branches, representative offices, and business locations as prescribed in Article 22 of the Government’s Decree No. 92/2024/ND-CP dated July 18, 2024 on registration of artels, cooperatives, cooperative unions, and its amending or superseding documents (if any).

d) Document forms used in registration of provincial cooperative fund operating under the cooperative business model: as provided in Appendix I enclosed herewith.

dd) Upon occurrence of any changes in the contents of its certificate of registration, the provincial cooperative fund operating under the cooperative business model shall follow the procedures in points a, c and d of this clause to be issued with a new certificate of registration. An application package for registration of changes includes:

An application form for registration of changes to certificate of registration of provincial cooperative fund operating under the cooperative business model.

A copy or original of the minutes of the meeting of the General Meeting of Members regarding changes in contents of the certificate of registration.

A copy or original of the resolution of the General Meeting of Members regarding changes in contents of the certificate of registration.

7. Disclosure of information on registration of provincial cooperative fund operating under the cooperative business model: Organizations and individuals may search for the following information on registration of the provincial cooperative fund operating under the cooperative business model free of charge on the National Business Registration Portal, including: the fund’s name; the fund’s code; fund’s head office; business lines; name of the fund’s legal representative; the fund’s legal status.

8. Notification of suspension of operation or resumption of operation of a provincial cooperative fund operating under the cooperative business model:

a) In case a provincial cooperative fund operating under the cooperative business model suspends its operation or resumes its operation, it shall submit notification to the business registration authority in charge of the area where it is headquartered no later than 03 business days prior to its planned date of suspension or resumption. Where the fund wishes to continue suspension after the notified suspension period has expired, it shall submit notification of continued suspension to the business registration authority no later than 03 business days prior to its planned date of continued suspension. Each notified suspension period must not exceed 12 months.

b) Such notification of suspension of operation of a provincial cooperative fund operating under the cooperative business model shall include:

A notice of suspension of operation;

A copy or original of the minutes of the meeting of the General Meeting of Members regarding suspension of operation.

A copy or original of the resolution of the General Meeting of Members regarding suspension of operation.

c) Such notification of resumption of operation of a provincial cooperative fund operating under the cooperative business model shall include a notice of resumption of operation.

d) Upon its receipt of the notification, the business registration authority shall give a receipt, check the validity of the received notification, and issue a certificate of suspension of operation or certificate of resumption of operation of the provincial cooperative fund operating under the cooperative business model within 03 business days from its receipt of a valid notification.

dd) Where a provincial cooperative fund operating under the cooperative business model notifies its suspension of operation, its legal status shall be changed by the business registration authority from “Operating” to “Suspended”.

e) Document forms used in notification of suspension of operation/resumption of operation of a provincial cooperative fund operating under the cooperative business model are provided in Appendix II enclosed herewith.”.

3. Article 51 is amended as follows:

“Article 51. Responsibilities of Ministry of Finance of Vietnam

1. Provide guidance on mechanisms for financial management and evaluation of performance of cooperative funds; guidance for settling financial issues concerning restructuring or conversion of business model of cooperative funds; guidance on accounting policies for cooperative funds as prescribed herein.

2. Play the leading role and cooperate with relevant Ministries, regulatory authorities, provincial-level People’s Committees and relevant entities in reviewing and amending legislative documents prescribing organization and operation of cooperative funds, and submitting them to competent authorities for promulgation, or promulgate them within its competence.

3. Balance and allocate public investment capital for increasing the charter capital of the central cooperative fund in accordance with regulations of the Law on Public Investment and legislative documents elaborating the Law on Public Investment.

4. Monitor and inspect the use of funding derived from state budget allocated to the central cooperative fund in accordance with regulations of the Law on Public Investment and relevant laws.

5. Add provincial cooperative funds operating under the cooperative business model to the Cooperative Registration Information System.

6. Provide information on registration of provincial cooperative funds operating under the cooperative business model, their legal status, and other information stored on the Cooperative Registration Information System for regulatory authorities and other relevant authorities in accordance with regulations of law.”.

Article 2. Abrogation, replacement

1. The phrases “số chứng minh nhân dân hoặc” (“number of ID card or”), “giấy chứng minh nhân dân hoặc” (“ID card or”) and “có chứng thực của Ủy ban nhân dân cấp xã” (“certified by commune-level People’s Committee”) in point g clause 3 Article 15 of the Decree No. 45/2021/ND-CP are removed.

2. The phrase “Bộ Kế hoạch và Đầu tư” (“Ministry of Planning and Investment of Vietnam”) in points b and c clause 1 Article 8, point dd clause 4 and point g clause 5 Article 15, point a clause 1 Article 37, clause 1 Article 44, point a clause 1 Article 47, point d clause 2 Article 55 of the Decree No. 45/2021/ND-CP is removed.

3. The phrase “Sở Kế hoạch và Đầu tư” (“provincial Department of Planning and Investment”) in points b and c clause 1 Article 17, point b clause 1 Article 37, point b clause 1 Article 47, points b and c clause 2 Article 50 of the Decree No. 45/2021/ND-CP is removed.

4. Article 53 of the Decree No. 45/2021/ND-CP is abrogated.

5. The phrase “thẻ căn cước công dân” (“citizen’s identity card”) in point g clause 3 Article 15 of the Decree No. 45/2021/ND-CP is replaced with the phrase “thẻ căn cước hoặc thẻ căn cước công dân” (“identity card or citizen’s identity card”).

6. The phrase “Bộ Lao động – Thương binh và Xã hội” (“Ministry of Labour, War Invalids and Social Affairs of Vietnam”) in Article 54 of the Decree No. 45/2021/ND-CP is replaced with the phrase “Bộ Nội vụ” (“Ministry of Home Affairs of Vietnam”).

7. The phrase “Chi nhánh Ngân hàng Nhà nước cấp tỉnh” (“branch of State Bank of Vietnam in the province”) in clause 2 Article 44 of the Decree No. 45/2021/ND-CP, the phrase “chi nhánh Ngân hàng Nhà nước Việt Nam tại địa phương” (“provincial branch of the State Bank of Vietnam”) in point b clause 1 Article 47 of the Decree No. 45/2021/ND-CP and the phrase “chi nhánh Ngân hàng Nhà nước Việt Nam” (“branch of the State Bank of Vietnam”) in clause 2 Article 50 of the Decree No. 45/2021/ND-CP are replaced with the phrase “Ngân hàng Nhà nước chi nhánh tại Khu vực” (“SBV’s regional branch”).

8. The phrase “Quỹ hợp tác xã địa phương” (“provincial cooperative fund”) in points a, b, c, dd, g, h clause 5 Article 15 of the Decree No. 45/2021/ND-CP and the phrase “Quỹ” (“Fund”) in point d clause 5 Article 15 of the Decree No. 45/2021/ND-CP are replaced with the phrase “Quỹ hợp tác xã địa phương hoạt động theo mô hình hợp tác xã” (“provincial cooperative fund operating under the cooperative business model”).

9. The phrase “khoản 28 Điều 4 Luật Các tổ chức tín dụng năm 2010 và các văn bản sửa đổi, bổ sung (nếu có)” (“Clause 28 Article 4 of the 2010 Law on Credit Institutions and its amending documents (if any)”) in clause 5 Article 2 of the Decree No. 45/2021/ND-CP is replaced with the phrase “Luật Các tổ chức tín dụng số 32/2024/QH15 ngày 18 tháng 01 năm 2024 và các văn bản sửa đổi, bổ sung, thay thế (nếu có)” (“Law on Credit Institutions No. 32/2024/QH15 dated January 18, 2024 and its amending or superseding documents (if any)”).

Article 3. Transition

Cooperative funds operating under the cooperative business model that are subject to provisions of clause 5 Article 58 of the Decree No. 45/2021/ND-CP shall follow procedures for applying for certificate of registration as prescribed in clause 2 Article 1 of this Decree.

Article 4. Effect

1. This Decree comes into force from September 26, 2025.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of People’s Committees of provinces and central-affiliated cities, Chairpersons of Board of Directors and Directors of provincial cooperative funds are responsible for the implementation of this Decree.