On the afternoon of May 25, continuing the 5th session, under the chairmanship of National Assembly Chairman Vuong Dinh Hue, the National Assembly held a plenary session in the Hall to listen to and discuss a number of contents with different opinions of the draft Law on Cooperatives (amended).
Delegate Mai Van Hai expressed his high agreement with the Report on explanation, acceptance and revision of the draft Law; acknowledging that the draft Law has seriously and fully accepted many valid opinions of National Assembly deputies.
Regarding the institutionalization of cooperative development policies in the spirit of Resolution 20-NQ/TW of the Party, many have been accepted, including provisions specifically for agricultural cooperatives. Delegates said that additional mechanisms should be prescribed to help agricultural cooperatives accumulate and concentrate land for high-tech agricultural production, form a chain of processing and distributing agricultural products, and support the development of OCOP products.
Regarding the Cooperative Development Fund, delegate Mai Van Hai suggested that it should be regulated more clearly. Accordingly, the Cooperative Development Fund at the central level should be managed by the Vietnam Cooperative Alliance ; the Cooperative Development Fund at the local level should be managed by the Cooperative Alliance in the provinces.
Sharing the same view on this issue, Delegate Nguyen Van Thi - National Assembly Delegation of Bac Giang province said that, regarding the institutionalization of the content of 8 policies in Resolution No. 20 of the Party Central Committee, the delegate highly agreed with the fact that the National Assembly Standing Committee has issued regulations to ensure compliance with the Party's policies, especially perfecting regulations and policies on land, access to capital, insurance, taxes, fees, and charges. In which, Article 28 has been added on policies to support activities in the agricultural sector.
However, the delegate said that there are still some policies that need to be studied and supplemented, first of all the land policy, which is also one of the current difficulties of cooperatives. The delegate suggested that the draft law supplement regulations on cooperative groups, cooperatives, and cooperative unions in the agricultural sector that are given priority in supporting the conversion of land use purposes to land for building offices and infrastructure, meeting production and business requirements, such as building warehouses, factories, production facilities, etc.
Previously, presenting the Report on explanation, acceptance and revision of the draft Law on Cooperatives (amended) at the meeting, Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that the draft Law on Cooperatives (amended) had been considered and commented on by the National Assembly at the 4th Session, the National Assembly Standing Committee commented at the 21st Session and full-time National Assembly deputies commented at the Conference of full-time National Assembly deputies; on April 21, 2023, it was sent to the National Assembly delegations for comments according to regulations.
The National Assembly Standing Committee has directed the agency in charge of reviewing, the agency in charge of drafting and relevant agencies to study, absorb and revise the draft Law. The current draft Law consists of 12 chapters with 115 articles, an increase of 04 articles compared to the draft Law submitted by the Government to the National Assembly at the 4th Session and has basically met the viewpoints, objectives and requirements set out when amending the Law...
Regarding the name of the draft Law, the National Assembly Standing Committee accepted the majority of opinions of the National Assembly Deputies, keeping the name of the draft Law as the Law on Cooperatives (amended), and at the same time reviewing, amending and supplementing the articles and clauses and redesigning the layout and structure of the draft Law to ensure consistency, synchronization and conformity with the name of the draft Law.
Regarding the institutionalization of the contents of 08 policies in Resolution No. 20-NQ/TW, the National Assembly Standing Committee received, reviewed and revised the regulations on principles, criteria and capital sources for policy implementation, in which it affirmed that one of the principles for policy implementation is to implement synchronously with the Overall Program on collective economic development, in accordance with the State's ability to balance resources in each period.
Regarding contributed capital, the National Assembly Standing Committee would like to accept and amend the provisions in Article 73 on contributed capital, similar to the provisions on contributed capital in the 2020 Enterprise Law, and at the same time supplement a number of specific provisions for cooperatives and cooperative unions.
When a member contributes assets in the form of land use rights, the member must complete procedures to transfer the land use rights to the cooperative or cooperative union according to the provisions of law; when contributing capital to a cooperative or cooperative union by agreement allowing the cooperative or cooperative union to enjoy other rights to the assets, a contract must be established to establish other rights to the assets between the member and the cooperative or cooperative union and clearly state the duration of the rights according to the provisions of law and the Charter. When the contract is terminated, the member has the right to withdraw capital, contributed assets and the cooperative must have a restructuring plan, alternative production and business plan, etc.
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