On October 10, 2019, the Government issued Decree 77/2019 / ND-CP on the Cooperation Group replacing Decree 151/2007 / ND-CP and officially took effect on November 25, 2019. Decree 77/2019 / ND-CP stipulates the order and procedures for convening cooperative group member meetings and decisions of cooperative group member meetings as follows:
1. A meeting of a cooperative group member may decide the following matters:
a) Approve the operation results of the cooperative group;
b) Plan for distribution of yields, profits, handling of losses and financial matters of the cooperative group;
c) Business plan in the near future;
d) Handling common property of cooperative group members;
d) Elect, dismiss and remove the leader, the executive board, if necessary;
e) Terminate membership as prescribed at Points d and dd, Clause 1, Article 11 of this Decree;
g) Amend and supplement cooperation contracts;
h) Remuneration, bonuses of the leader, members of the executive board (if any);
i) Other contents proposed by the team leader, executive board or more than thirty-three percent (33%) of the total number of members of the cooperative group;
k) Other cases as provided in the cooperation contract.
2. Order of convening a cooperative group member meeting
In case the cooperation contract does not specify, the order of convening a meeting of cooperative group members is as follows:
a) The leader of the cooperative group (or the person authorized by members of the cooperative group) convenes the member meeting on behalf of the cooperative group. In case of necessity, representatives of more than thirty-three percent (33%) of the total number of cooperative members may request the leader of the cooperative group (or the person authorized by the cooperative group members) to convene. a meeting of members, unless otherwise prescribed by cooperation contracts and relevant laws;
b) A cooperative group member meeting is held when more than seventy five percent (75%) of the total number of cooperative group members attend, in case of insufficient number of attending members, the cooperative group meeting must be postponed. and convene the second cooperative group meeting within 15 working days, from the expected date of the first cooperative group meeting. The second cooperative group meeting must be attended by at least more than fifty percent (50%) of the total number of cooperative group members;
c) Minutes of the meeting of members of the cooperative group must be made in writing and signed by the representative of the members participating in the meeting, specifying the percentage (%) of the number of members agreeing;
d) Within 05 days from the day on which the meeting is organized, the leader of the cooperative group (or the person authorized by the members of the cooperative group) shall notify all members of the cooperative group to the contents of the meeting of general members. cooperation, unless otherwise prescribed by the cooperation contract and relevant laws.