The Cooperative Law No. 23/2012/QH13 is the only law that regulates the establishment, organization, and operation of cooperatives and cooperative unions of all economic sectors in Vietnam. There are no special laws on different types of cooperatives in Vietnam.
Main Laws relevant to cooperatives in Vietnam
The Cooperative Law No. 23/2012/QH13 - Regulates the establishment, organization, and operation of cooperatives and cooperative unions of all economic sectors in Vietnam.
Government's Decree No. 193/2013 / ND-CP issued on November 21, 2013 - Elaborates on certain articles of the Law on Cooperatives.
Government's Decree No. 107/2017 / ND-CP - Amended and supplemented some of the articles of the Government's Decree No. 193/2013 / ND-CP.
The Cooperative Law No. 23/2012/QH13 states seven principles that are similar to the ICA’s cooperative principles.
The research has highlighted that Vietnam’s cooperative law is certainly not perfect (no legislation is), but it contains several elements that reflect good practices and measures that could be useful in the current context.
Key recommendations for improvement
- The definition of cooperatives should include their mention of being operated as an ‘enterprise’, which is true in practice.
- The minimum number of members to establish cooperatives should be reduced to five.
- Provisions should be made to allow the joining of private enterprises as an official member of a cooperative.
- A dedicated chapter for the operation of Cooperative Unions and Cooperative Alliances should be added.
- The legal framework of cooperatives needs to make a mechanism to build a digital system of cooperatives.
The 2012 Cooperative Law of Vietnam represents a fundamental change in awareness of nature and role in the development of cooperatives. The new type of cooperatives under the Cooperative Law of 2012 operates to focus on bringing benefits to members through the commitment to supply and consumption of products, services, and jobs according to the needs of cooperatives.
The legal frameworks analysis is a tool developed under the ICA-EU Partnership #coops4dev. It is an overview of the national legal frameworks at the time of writing. The views expressed within are not necessarily those of the ICA, nor does a reference to any specific content constitute an explicit endorsement or recommendation by the ICA.