Definition of NGOs

An NGO is a not-for-profit organization that, in accordance with legislation, unites individuals to carry out activities having religious, national, or ethnic purposes, and protects the basic human rights of individual members and other citizens.

Founding of NGOs

An NGO may be founded by at least two individuals, or it may be created through the re-organization of an existing NGO. An NGO's charter should be adopted during a general meeting of the founders.

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Definition of NGOs

An NGO is a not-for-profit organization that, in accordance with legislation, unites individuals to carry out activities having religious, national, or ethnic purposes, and protects the basic human rights of individual members and other citizens.

Founding of NGOs

An NGO may be founded by at least two individuals, or it may be created through the re-organization of an existing NGO. An NGO's charter should be adopted during a general meeting of the founders. The same meeting shall elect the NGO's management and the board. An authorized representative of the newly founded NGO should deliver the organization's charter for state registration (Art. 3, 8, 9 and 11 of the Law on NGOs).

Aims that may be pursued by NGOs, and rules applicable to members

An NGO's main goals shall be expressed in its charter. An NGO may pursue goals aimed at fulfilling the religious, national, public, or non-commercial interests of the population (Art. 8 of the Law on NGOs). Members of an NGO have the right to be present during NGO meetings, to be elected as members of the board, to familiarize themselves with documentation belonging to the NGO, and to appeal decisions made by the NGO's governing body (Art. 7 of the Law on NGOs).

Functioning of NGOs without state registration

NGOs may function without state registration. The lack of state registration does not deprive individuals of their right to form and join associations. An unregistered NGO, however, is not recognized as a legal entity. Thus, it does not enjoy certain rights that registered NGOs have, and it also does not have certain responsibilities that registered NGOs have (Art. 4, 15 and 16 of the Law on NGOs). An unregistered NGO can function, however, and there are no limitations on its right to exist (Art. 4 of the Law on NGOs).

Registration requirements for NGOs

To register, the founders of an NGO should submit the appropriate application to the Justice Ministry. The application should be submitted along with the minutes of the general meeting, the organization's charter, and the passport data of at least five founders of the organization (Art. 8, 9 and 12 of the Law on NGOs). The authorized state body shall examine the application and supporting documents within 21 days and give a final answer in writing (Art. 12(3) of the Law on NGOs). The registration fee is 10,000 drams (about USD 20) (Art. 12 of the Law on NGOs).

Authorized state bodies and NGO registry

All registered NGOs are entered into a centralized state registry within the Justice Ministry. Information on the registration procedure is publicly available and all requirements are contained in the law on NGOs. The Justice Ministry shall provide information on individual NGOs upon inquiries from the public. Such information is provided at a fixed fee (Law on State Fees, 1996).

Oversight of NGO activities may be exercised only by state bodies that are authorized to do so by national law. State agencies that are competent to oversee and scrutinize the activities of other legal entities also enjoy the same right to monitor the activities of NGOs (Art. 18 of the Law on NGOs).

Denial of registration to NGOs

An NGO may be denied registration if the requirements of the Law on NGOs are not met or if any of the provisions in the organization's charter contradict the Constitution. If registration is denied, the relevant state body should provide a reasoned decision in writing. Grounds for denial of registration cannot be other than those listed in the relevant legislation (Art. 12 of the Law on NGOs).

Branch offices of NGOs

A registered NGO may open branch offices. Within one month of opening a branch office, an NGO should apply to the state registry to register that branch office (Art. 16 of the Law on NGOs).

Operational requirements for international NGOs

The registration requirements and rules regulating the activities of national NGOs are equally applicable to international NGOs operating on the territory of the Republic of Armenia (Art. 23 of the Law on NGOs).

Re-registration requirements for NGOs

The Law on NGOs does not contain any requirements for re-registration of NGOs. However, any changes to the organization's charter or its name should be duly registered (Art. 13 of the Law on NGOs).

Right of appeal of NGOs

Upon denial of registration, an NGO has the right to re-submit its application and supporting documents for registration. A negative decision may be appealed to a court (Art. 12 of the Law on NGOs).

Authorized state bodies granting financial and other benefits to NGOs

There are two main authorized bodies that are in a position to review applications for financial and other benefits: the Authorized State Body of the Government of the Republic of Armenia and the State Committee on Co-ordination of Charity Programmes (Art. 16 of the Law on Value Added Tax (VAT), Governmental Resolution No. 66, 2003)

Foreign funding of NGOs

All NGOs have the right to receive foreign funding. There is no law on grants. The law does not prescribe any particular mechanism for receiving foreign funding. Only some aspects of this transaction are regulated by tax legislation (Art. 17 of the Law on NGOs)

Tax exemptions for NGOs

The main exemption that NGOs can benefit from is for value-added tax (VAT). Several major donor organizations have concluded memoranda of understanding with the Armenian Government that foresee VAT exemptions for NGOs (Art. 20 to 22 of the Law on VAT).

Reporting requirements for NGOs

In cases stipulated by national law, authorized state bodies may require an NGO to submit information on its activities. In addition, NGOs have to present quarterly and annual reports on financial aspects of their activities to the Tax Inspectorate (Art. 5 of the Law on NGOs).

Termination, dissolution, and liquidation procedure for NGOs

An authorized state body may appeal to a court asking to seek the dissolution of an NGO if an NGO's activities are aimed at the violent overthrow of the constitutional order of the Republic of Armenia; if it incites hatred or intolerance on religious, national, or racial grounds; if an NGO is in breach of national laws or is not acting in accordance with its charter; or if the founders or members of an NGO falsified information during the registration process.

An NGO has the right to appeal to a court upon the exhaustion of all other appeals procedures Art. 21 of the Law on NGOs).

Participation in law-drafting that affects the status of NGOs

In the past, only the Law on NGOs was publicly discussed with NGOs. In general, NGOs are allowed to participate in some discussions on draft laws; however, their views and opinions are not always taken into consideration.

Formally, national laws do not provide for the participation of NGOs in drafting laws.

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