On June 5, 2019, the Ministry of Planning and Investment issued Official Letter No. 3763/BKHDT-HTX guiding the conversion of cooperatives to enterprises.
Accordingly, if the cooperative organizes and operates incompatible with legal regulations or wants to convert to another type of organization and does not fall into the state of “insolvency”, it shall perform as follows:
Step 1: Conduct a member meeting, specifically:
– Prepare member congresses according to Article 31, 32 and 33 of the Cooperative Law and Clause 2 Article 32 of Decree 193/2013/ND-CP of the Government.
– The Members’ General Meeting voted and issued a Resolution on voluntary dissolution to implement the cooperative transformation.
Step 2: Voluntary dissolution according to the procedure in Clause 1, Article 19 of Decree 193/2013 / ND-CP
– The Board dissolves the work in accordance with the provisions of Point a, Point b, Clause 1, Article 54 of the Cooperative Law 2012, referring to the sequence including single steps such as:
– Prepare inventory report, evaluate the whole operation and financial situation of the cooperative.
– Develop plans to deal with assets, capital, debts, liquidation of economic contracts of cooperatives and publicly notify members, workers, individuals and related organizations.
– The Dissolution Council makes a written agreement on the voluntary dissolution plan if approved by the members, employees, individuals and related organizations, etc.
Step 3: Establish new businesses according to regulations.
Therefore, the content of guidance according to the aforementioned Official Dispatch creates a more uniform understanding in the process of transforming the enterprise type in order to facilitate the implementation of the enterprise as well as the management of the agency. government.