Rejecting the distorted regulations on the organization, operation and management of associations

Decree 126, effective from November 26, 2024, consisting of 8 chapters and 53 articles (increased by 11 articles), has resolved problems arising in practice when implementing state management of associations, helping the state management of associations to become more and more effective.

Immediately after the Decree took effect, some newspapers lacked goodwill abroad, websites of organizations and individuals against the sabotage such as the free Asia Station RFA, VOA Vietnamese, Viet Tan... with the trick of one-sided information, posting and interviewing domestic and foreign reactionaries, going from exaggeration, blackmail to distorting that Decree 126 "prevented the organization because it poses many barriers", "increased state control, limited the development of independent social organizations and the right to freedom to organize associations"... This is an argument that deliberately distorts the truth, opposes the Party and government, caused misunderstanding, and unnecessary suspicion among the people about ensuring and protecting the right to compete in Vietnam.

In fact, in our country, there is no way to prevent individuals or organizations from establishing associations or control or restrict their activities, unless the associations violate the law. The right to establish associations and the right to gather gather began to be officially recognized by Vietnam in the Constitution of 2014. At that time, when the conditions for awareness and information transmission were still very limited, the regulation in Article 10 on the right to " released organization and gathering" was a great testament to the democratic rights established in the country.

To concretize this right, the National Assembly of the Democratic Republic of Vietnam has passed Decree No. 102/SL/L004 dated May 20,/1957 regulating the right to Association. Although still very sketchy, the Ordinance is the beginning of concretizing the right to establish associations and the right to gather of the people. This right is further affirmed in the constitutations of 1959, the constitutation of 1980, the constitutation of 1992, the constitutation of 2013, showing our State's concern for giving democratic rights to citizens, including the right to association and the right to gather.

The Government has issued a number of decrees in different periods to further specify the right of citizens to establish associations. Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government regulating the organization, operation and management of associations, Decree No. 33/2012/ND-CP amending and supplementing a number of articles of Decree No. 45 are currently effective documents. Compared to Decree No. 45/2010/ND-CP, Decree 226 has improved the transparency and efficiency in the management and operation of associations in Vietnam; at the same time, detailing the contents on the establishment and organization of associations and activities to ensure that organizations and individuals will establish and operate associations in accordance with the provisions of law, contributing to the overall development of society, as reflected in some outstanding points as follows:

Firstly, in terms of subjects of application, Decree 126 applies to Vietnamese organizations and citizens related to the establishment, organization, operation and state management of associations. In case the specialized law has specific regulations on the organization and operation of the association other than this Decree, the provisions of that specialized law shall apply. This Decree will not apply to organizations: Vietnam Fatherland Front, Vietnam General Confederation of Labor, Vietnam Farmers' Association, Ho Chi Minh Communist Youth Union, Vietnam Women's Union, Vietnam Veterans' Association; religious organizations, religious establishments; workers' organizations at enterprises as prescribed by the Labor Code.

Second, the establishment of an association from November 26, 2024 must ensure the following conditions: name; main field of activity must not overlap with the main field of activity of the association that was previously established legally within the same scope of activity; have the principles, purposes, and fields of activity in accordance with legal regulations; have a charter, except for the association specified in Clause 5, Article 21 of this Decree; have a headquarters as prescribed in Clause 2, Article 6 of this Decree; have enough number of Vietnamese organizations and citizens to register to participate in the establishment of the association, except where other provisions of law and Ordinance are provided; have assets to ensure the association's activities.

Third, regulations on the database of associations: The new Decree has a separate article regulating the database of associations serving state management work that Decree 45/2010/ND-CP has not yet stipulated.

In addition, Vietnamese organizations and citizens who need to establish associations must establish a mobilization committee to establish associations. Members of the mobilization committee to establish the association are organizations and citizens of Vietnam who are dedicated, responsible, and active in the field of the association expected to be active or related to the field of the association expected to be active. The members of the mobilization committee to establish the association must ensure the conditions prescribed in the Decree.

Fourth, the time for the congress to be established is 60 working days from the date of the decision. If the mobilizing committee to establish an association has not prepared in time to organize a congress, within 15 working days from the date of expiration of the 60-day working period, the mobilizing committee to establish an association proactively shall send a document to the competent state agency specified in Clause 2, Clause 3, Clause 4, Article 15 of this Decree requesting an extension.

Fifth, regulations on associations assigned by the Party and the State: Decree 126 devotes a chapter to regulations on associations assigned by the Party and the State. This Decree has removed the name of the association with a special nature and replaced it with an association assigned by the Party and the State. One of the highlights of this chapter is that there are regulations on policies and regimes for those working at associations assigned by the Party and the State.

Sixth, regarding the authority to handle procedures for associations: Decree No. 126 stipulates the provisions on decentralization of the establishment and management of associations at the provincial, district and commune levels, specifically as follows: (1) The Chairman of the People's Committee at the provincial level has the authority to recognize the association's mobilization committee; allow the establishment, division, separation, consolidation, dissolusion, renaming, and approval of the charter; suspend activities for a period of time, allowing the association to operate again within the province. (2) The Chairman of the District People's Committee has the authority to recognize the association mobilization committee; allow the establishment, division, separation, merger, consolidation, dissolution, renaming, and approval of the charter; temporarily suspend activities, and allow resumption of activities for associations operating within the district and commune.

Seventh, regulations on the responsibilities of relevant agencies: Decree 126 specifically stipulates the responsibilities of each relevant ministry and branch, no longer stipulates general responsibilities as Decree 45/2010/ND-CP.

The Government's promulgation of Decree 126 on the organization, operation and management of associations has promptly institutionalized the regulations of the Politburo and the Secretariat on associations, as well as resolved the problems of inconsistency between the Party's regulations and the provisions of the law on associations management, unlike the un khachessed and un obituary assessment that the Free Asia Express Agency RFA, VOA Vietnamese, Viet Tan... have published.