Decision No. 01/2002/QD-BNV on approving the Charter of the Vietnam Association of Small and Medium Enterprises in Rural Industries

CHARTER

ORGANIZATION AND OPERATIONS OF THE ASSOCIATION OF SMALL AND MEDIUM ENTERPRISES IN RURAL INDUSTRIES OF VIETNAM.

Chapter 1.

GENERAL PROVISIONS

Article 1. The Vietnam Association of Small and Medium Enterprises in Rural Industries (hereinafter referred to as the Association) is a voluntary social-professional organization of small and medium enterprises in rural industries in Vietnam. It aims to cooperate, support, and protect, promote production and business activities, services, scientific research, economic information, and enhance international economic integration for small and medium enterprises in rural industries, contributing to industrialization and modernization of agriculture and rural areas in accordance with the Party's guidelines and the State's policies.

Article 2. PRINCIPLES OF THE ASSOCIATION

2.1. The principles of the Association are: Unity - Cooperation - Development.

2.2. The headquarters of the Association is located in Hanoi City and has representative offices in some domestic and foreign localities according to the regulations of the Vietnamese Government and the host country.

2.3. The Association has legal personality - its own seal and bank account.

2.4. International trade name: The Viet Nam Association of Small and Medium Enterprises of Rural Industries.

Article 3. The Association is subject to state management by the Ministry of Agriculture and Rural Development and receives support from the Ministry of Agriculture and Rural Development in certain activities that directly benefit farmers.

Article 4. Purpose of the Association:

4.1. To gather small and medium enterprises engaged in production, business, and service activities in rural industries throughout the country, coordinate the activities of members, exchange and provide information on production, business, services, science and technology, markets, and policies between enterprises and economic organizations both domestically and internationally.

4.2. To support cooperative activities in science and technology, investment, trade promotion, and development of production and business activities of small and medium enterprises in rural industries in Vietnam.

4.3. To represent small and medium enterprises in rural industries and workers in these industries, serving as a bridge between enterprises and state agencies.

4.4. To protect the legitimate interests of small and medium enterprises and traders in rural industries.

Chapter 2.

TASKS OF THE ASSOCIATION

Article 5. Tasks of the Association

5.1. The Association organizes the linkage and consolidation of small and medium enterprises in rural industries in Vietnam, aiming to support each other in production, business, and services, unify will and actions in implementing the Party's and State's policies encouraging the development of rural industries, promoting industrialization and modernization of agriculture and rural areas.

5.2. To protect the rights and organize assistance to small and medium enterprises in rural industries within the capacity of the Association's resources.

5.3. To study and synthesize the opinions of member enterprises to reflect and propose to state agencies regarding strategies, planning, plans for rural industries, about supplementing, amending, and issuing new policies to create favorable conditions for the development of rural industries.

5.4. To assist and resolve difficulties for members in various fields of production and business activities. Develop cooperative relationships, joint ventures, linkages, investment capital pooling, application of advanced techniques, technological innovation, etc., to improve efficiency and competitiveness of products and member enterprises.

5.5. To advise members on measures to improve productivity and quality of goods according to standards of the enterprise, the State, and foreign partners. Ensure uniformity and stability in product quality to meet diverse market demands.

Assist members in registering intellectual property rights, industrial property rights, packaging designs, and completing product technology.

5.6. Participate in resolving disputes among members to minimize losses caused by unfair competition, ensuring healthy and lawful competition.

5.7. Organize the provision of information and dissemination of new policies of the Party and the State.

Organize and create conditions for members to participate in domestic and international trade fairs, conferences, seminars, and market surveys, introduce partners and technical services, investment advisory, and trade promotion.

5.8. Participate with relevant state agencies to organize training both domestically and internationally on technology, new management methods for managers, professionals, and skilled workers of members. Support young talents in production and business.

5.9. Expand relations with international organizations and foreign countries to join certain international associations related to the production and business activities of the Association as prescribed by law, to seek support and cooperation for small and medium enterprises.

5.10. Manage and use membership fees in accordance with regulations. Establish and use development funds for production and business, vocational training support funds, and export support funds as prescribed by the State to help members maintain and develop production.

Chapter 3.

MEMBERS

Article 6. Members of the Association

Small and medium enterprises in rural industries of Vietnam engaged in production and business throughout the country, individuals capable and passionate about the Association, large enterprises willing to help and support the Association. Agreeing to the Charter, voluntarily submitting applications, which are recognized by the Association's Standing Board as members of the Association.

Article 7. Forms of Membership

7.1. Regular Members - Small and medium-sized enterprises in rural industries of Vietnam (including enterprises, production groups, owners of production establishments, households engaged in business operations) belonging to economic sectors with legal personality, who agree with the Charter of the Association, voluntarily submit an application to join the Association, pay membership fees (annual), and are recognized by the Association's executive office.

7.2. Associated Members - Large enterprises, entrepreneurs, individuals capable of creating conditions to assist and support the Association, or those willing to associate and agree with the Charter of the Association, who voluntarily submit an application and are recognized by the Association's executive office as associated members of the Association.

7.3. Honorary Members - Entrepreneurs, managers, scientists, who agree with the Charter and are invited by the executive office to become honorary members; or those who voluntarily submit an application to become honorary members and are considered and recognized by the Association's executive office as honorary members.

Honorary members and associated members are not eligible to run for election or nomination to the Association's leadership body and are not entitled to vote on Association matters.

Article 8. Rights of Members

8.1. Participate in meetings, forums, discussions, voting on common issues, running for and being elected to the Association's leadership bodies.

8.2. Receive economic and technical information, market data from the Association; participate in seminars, tours, trade fairs, training sessions on technical and management skills organized by the Association or jointly organized.

8.3. Be protected by the Association in their legitimate rights and interests in domestic and foreign production and business activities with customers; be introduced by the Association to partners for discussion and signing export-import product contracts, creating favorable conditions for joint ventures and associations with domestic and foreign units.

8.4. Benefit from financial support from the Association when encountering natural disasters or risks during production and business activities.

8.5. Maintain their rights in economic external relations; if necessary, they may be authorized by the Association to represent the Association in dealings with other organizations outside the Association, provided that such authorization does not harm the interests of the Association and other members.

8.6. Propose opinions and request the Association to represent businesses in making recommendations to state agencies regarding related mechanisms and policies to facilitate production and business activities and ensure the legitimate interests of members.

8.7. Be rewarded for achievements in production and business activities and contributions to building the Association.

8.8. Request to leave the Association.

Article 9. Obligations of Members

9.1. Strictly comply with the Charter, internal regulations, resolutions, decisions, and programs of activities of the Association proposed by the congress or the Executive Board. Actively participate in common activities according to the division of labor by the Association.

9.2. Pay membership fees, service fees, and common funds including:

- Paying service fees for joining

- Paying annual membership fees

- Contributing to funds for the Association according to the Charter, internal regulations, and resolutions expressed in writing.

- Honorary members are exempted from this obligation.

9.3. Have the responsibility to protect the common interests of the Association and all members, compensate for damages caused by themselves.

9.4. Fulfill reports to the Association's agency as stipulated by the Association.

Article 10. The status of a member is terminated in case of any of the following situations occurring:

10.1. The member goes bankrupt or is dissolved

10.2. The individual member loses civil capacity or citizenship rights.

10.3. Expulsion of a member

A member is expelled when violating any of the following circumstances:

- Seriously violating the Charter, resolutions, and regulations of the Association.

- Engaging in activities that harm the reputation or finances of the Association.

- An expelled member must have the agreement of two-thirds of the Executive Board members to be expelled.

Chapter 4.

ORGANIZATION OF THE ASSOCIATION

Article 11. The organization and operation of the Association follow the principle of democratic centralism, decisions made by majority rule are reflected in resolutions at congresses, resolutions of the Executive Board, and clear assignment of responsibilities to members in the Association's leadership. Decisions and Resolutions of Congresses, Resolutions of the Executive Board must be approved by two-thirds of the votes to be valid and effective.

Article 12. The organization of the Association includes:

- The General Assembly or the Representative Congress of the Association.

- The Executive Board, the Standing Board, the Inspection Board.

- Agencies assisting the Executive Board: Office, specialized departments, business clubs within the Association.

- Based on the work requirements of the Association, the Executive Board can establish subordinate units: centers, media organs, production, business, research, training, and service organizations in accordance with the Law.

Article 13. The General Assembly of all members or the Representative Congress (referred to as the Congress) is the highest authority of the Association.

13.1. Main contents discussed and decided upon at the Congress:

- Approving the organizational and operational charter of the Association, approving the program of activities of the Association.

- Electing the Executive Board and the Inspection Board.

- Approving the budget and final accounts of the Association. Deciding on the direction and plan of activities and finance of the Association.

- Reviewing and deciding on the rights and obligations of members, decisions of the Executive Board regarding admission and expulsion of members.

- Amending and supplementing the Charter of the Association.

13.2. - The term Congress is held every five years.

- An extraordinary Congress is convened when two-thirds of the members request or according to the decision of the Association's Executive Board.

Article 14. Executive Board

14.1. The Executive Board of the Association is the governing body of the Association between two congresses.

14.2. The number of members of the Executive Board is decided by the Congress.

Members of the Executive Board must be individuals with passion for the Association, having management skills and good moral character. Members of the Executive Board are directly elected by the full congress or the representative congress, or appointed by the Standing Board according to the provisions of Article 16. The term of the Executive Board is five years.

Article 15. Duties and powers of the Executive Board

15.1. Implement resolutions passed by the Association's congress.

15.2. Elect the Chairman, Vice Chairmen (including the Vice Chairman兼任总秘书), and supplement the Executive Board.

15.3. Develop the annual and term program of activities of the Executive Board, organize the implementation of these programs.

15.4. Draft annual financial reports, budgets, and final accounts, develop directions, goals, tasks, and solutions for each year.

15.5. Prepare documents for the congress, convene regular and extraordinary congresses.

15.6. Examine the admission and expulsion of members of the Association and consider the supplementation of Executive Board members based on the proposal of the Association's Standing Board.

15.7. Fulfill the obligations of the Association towards international organizations that the Association participates in.

15.8. Examine and propose commendations for members with achievements, and recommend state agencies to commend such members.

15.9. Propose suggestions to state agencies regarding policies related to rural industries.

Article 16. The Chairman, Vice Chairmen, General Secretary, and permanent members form the Standing Board of the Association.

The Standing Board is responsible for managing the Association's regular operations, implementing tasks according to the Standing Board operation regulations approved by the Executive Board.

During the period before the term congress is held, when necessary, upon request, the Standing Board may examine and propose the Executive Board to decide on supplementing new Executive Board members, with the number of supplemented members not exceeding one-third of the total number of current members at the time of supplementation.

Article 17. The Chairman directs the activities of the Executive Board, represents the Executive Board in relations with state agencies, domestic and foreign economic organizations, and international organizations.

The Vice Chairmen assist the Chairman in handling specific tasks assigned by the Chairman. When the Chairman is absent, one Vice Chairman is authorized to represent the Chairman in directing the Association's activities.

Article 18. The General Secretary assists the Executive Board in handling daily affairs of the Standing Board.

The General Secretary oversees the Association's Office.

The General Secretary assists the Chairman in transactions with domestic and foreign organizations and individuals to implement the Association's work.

Article 19. The Standing Board invites some economic experts, managers, and science and technology professionals to advise the Association. The rights and obligations of advisors follow the Advisory Council regulations approved by the Executive Board.

Article 20. The Inspection Board consists of three members elected by the congress for a five-year term, including one board leader who is an Executive Board member. The activities of the Inspection Board are carried out according to the Inspection Board regulations approved by the Executive Board.

Chapter 5.

FINANCIAL MATTERS OF THE ASSOCIATION

Article 21. The Association's finances include the following sources of income:

- Membership fees and dues paid by members

- Income from service activities

- Income from the effectiveness of production and business organizations of the Association.

- Sponsorship revenues.

- Income from the business support fund of the Association.

- Other sources of income.

Article 22. The financial management system of the Association shall be implemented in accordance with the regulations approved by the Executive Board based on the provisions of state laws.

Chapter 6.

REWARD - DISCIPLINE - AND DISSOLUTION

Article 23. Awards

23.1. Members, members of the Association, Executive Board members, and staff of specialized departments who achieve outstanding results in implementing the charter, regulations, resolutions, and decisions of the Association, thereby contributing to its effectiveness, shall be rewarded.

23.2. Forms and levels of rewards shall be in accordance with the regulations of the Association:

Article 24. Disciplinary Measures

24.1. Members, Executive Board members, and staff of specialized departments who violate the charter, regulations, resolutions, and decisions of the Association, causing damage to the reputation or economy of the Association, or to other members, shall be subject to different disciplinary measures depending on the severity of the violation.

24.2. The Standing Board of the Association has the authority to impose disciplinary actions on assisting staff and inform members thereof.

24.3. The Executive Board shall consider disciplinary actions against Executive Board members and Association members and propose them to the competent state authorities for decision.

Article 25. Dissolution

25.1. Self-dissolution occurs when the Association operates without effectiveness, and two-thirds of the member representatives at the congress propose dissolution through a resolution. In such cases, the Association must complete the necessary procedures to request permission from the Ministry of Home Affairs to dissolve. Self-dissolution must comply fully with all procedures and requirements stipulated by law.

25.2. If state agencies find that the Association's activities violate the law, they may consider and decide to dissolve the Association.

Chapter 7.

IMPLEMENTING PROVISIONS

Article 26. Any amendments or supplements to this charter must be approved by the General Congress or the Representative Congress of the Association.

Article 27. This Charter consists of 7 chapters and 27 articles, which were adopted by the General Congress of members on August 16, 2002, and became effective upon approval by the Ministry of Home Affairs.

The Executive Board of the Association is responsible for detailing the charter and guiding its implementation.