Decision No. 05/2003/QĐ-BNV on approving the Statutes of the Vietnam Bicycle and Motorcycle Association

DECISION OF THE MINISTER OF HOME AFFAIRS

Regarding the approval of the Statutes of Vietnam Bicycle and Motorcycle Association

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

- On the basis of Decree No. 102/SL-L004 dated May 20, 1957 on the right to establish Associations,

- On the basis of Decree No. 181/CP dated November 9, 1994 of the Government on the regulations concerning functions, tasks, powers, and organizational structure of the Civil Service Committee under the Government (now the Ministry of Home Affairs),

- On the basis of Decision No. 158/QĐ-TTg dated March 2, 1999 of the Prime Minister authorizing the Minister of the Civil Service Committee under the Government (now the Minister of Home Affairs) to approve the establishment of the Association,

- Considering the proposal of the Chairman of the Vietnam Bicycle and Motorcycle Association and the Director of the Department for Non-Governmental Organizations;

DECISION:

Article 1: Approves the Charter of the Vietnam Bicycle and Motorcycle Association adopted at the Third National Congress on December 18, 2002.

Article 2: The Chairman of the Vietnam Bicycle and Motorcycle Association and the Director of the Department for Non-Governmental Organizations shall be responsible for implementing this Decision./.

CHARTER

VIETNAM BICYCLE AND MOTORCYCLE ASSOCIATION

PART I

Name of the Association:

Article 1. The Association takes the name of Vietnam Bicycle and Motorcycle Association

English name: Vietnam Bicycle and Motorcycle Association

Abbreviation: VBMA

Article 2. The Vietnam Bicycle and Motorcycle Association is a voluntary non-governmental organization of enterprises, economic organizations, and individuals of all economic sectors in Vietnam engaged in bicycle and motorcycle production, business, services...

The purpose of the Association is to link, cooperate, and support each other economically and technically in production, business, services, improve product value; represent and protect the legitimate interests of members; contribute to creating more jobs and improving the living conditions of workers involved in bicycle and motorcycle production, business, and services.

Article 3. The Vietnam Bicycle and Motorcycle Association has legal personality, its own seal and separate bank account.

The main office is located at 231 Ton Duc Thang Street, Dong Da District, Hanoi. The Association may have representative offices both domestically and internationally in accordance with the law.

Article 4. The Vietnam Bicycle and Motorcycle Association operates throughout the country, subject to the management of the Ministry of Industry in activities related to bicycle and motorcycle production, business, services... in accordance with the laws of the Socialist Republic of Vietnam and this Charter.

PART II

TASKS AND POWERS OF THE ASSOCIATION

Article 5. Tasks and powers of the Association:

1\. To disseminate and educate members about the Party's and State's policies on building and developing the bicycle and motorcycle industry across all economic sectors, labor safety...

2\. To represent members in making proposals to the State regarding policies, measures to encourage and assist in developing the bicycle and motorcycle industry; protect the legitimate rights and interests of members, resolve cases and incidents causing damage to the industry and members' interests; fulfill obligations to the State.

3\. To motivate members' enthusiasm and creative labor capacity; cooperate and support each other economically and technically in bicycle and motorcycle production, business, services based on experience exchange, dissemination, and application of new scientific and technological achievements; unite to help each other in difficult living conditions.

4. To provide advisory support to organizations and individuals within the Association in the process of reorganizing and restructuring professions.

5. Organizing conferences and seminars to exchange professional experiences, encouraging cooperation and collaboration among members to coexist and develop. Promoting trade between enterprises and members and among members and economic organizations.

5. To organize conferences and seminars to exchange professional experiences, encourage cooperation and collaboration among members to coexist and develop together.

6. To build and develop the Association and membership, establish material foundations, and expand the scope of the Association.

To build and develop international relations with individuals and organizations in Southeast Asia and around the world in accordance with the law.

7\. To organize training centers, service, production, business, consulting... units subordinate to the Association when necessary in accordance with the law.

8\. To publish magazines, technical and economic management materials in accordance with the law.

CHAPTER III

MEMBERS

Article 6. Members

1\. Regular members: Legal entities of Vietnam operating in areas such as bicycle and motorcycle production, business, services... who agree with the Charter of the Association, voluntarily submit membership applications and pay membership fees as prescribed to become regular members of the Association.

Persons nominated to join the Association must be authorized representatives of member entities with legal personality. In case the person nominated to join the Association retires or transfers to another position, the member entity with legal personality will nominate a replacement.

2\. Associate members: Organizations and individuals related to bicycle and motorcycle production, business, consumption, services, and foreign-invested production and business organizations... who agree with the Charter of the Association and submit membership applications can become associate members of the Association.

3\. Honorary members: Citizens, scientific and technical managers, and legal entities who have made contributions to the development of the industry generally and the Association specifically, invited by the Association to become honorary members.

Article 7. Procedure for terminating membership rights:

1. A member who voluntarily requests to withdraw from the Association shall submit a letter to the Board of Directors of the Association.

2/ Members will be expelled from the Association in cases of serious violation of the Charter of the Association, affecting the reputation, credibility, and finances of the Association.

3/ Being suspended from operation by state authorities, dissolved, or declared bankrupt.

The rights and obligations of the member terminate after the Board of Directors of the Association issues a notification.

The Board of Directors of the Association shall notify all other members about the list of members requesting withdrawal, expelled members, and members whose names have been removed.

Article 8. Rights of members:

1/ To participate in the General Assembly, elect representatives to attend the General Assembly of the Association.

2/ To discuss, vote, question, criticize all activities of the Association; to make suggestions and express opinions to state agencies through the Association.

3. To be nominated and elected to the Board of Directors of the Association and other positions within the Association.

4. To receive dissemination of production experience, vocational training, and enhancement of scientific and technological skills through various forms such as provision of information and materials, participation in seminars, training courses, technical demonstrations, technology transfer, domestic and international field trips.

5. To receive assistance and support from the Association in individual research projects, innovations, and initiatives in their profession. The Association will stand up to protect members' legitimate rights before state management agencies or law enforcement agencies in accordance with national laws during production and product consumption.

6. To receive assistance and introduction to entities both within and outside the industry for production contracts, sales, technical consultancy...

7/ To have the right to leave the Association.

8/ Associated members and honorary members enjoy the same rights as regular members, except for the rights to run for election, vote, and participate in voting.

Article 9. Obligations of members:

1. Strictly comply with the state's policies, laws, and regulations stipulated in the Charter; implement resolutions of the Association; promote the recruitment of new members.

2. Participate in activities and meetings of the Association; cooperate and unite with other members to build a stronger organization.

3. Provide necessary information and data to serve the operations of the Association.

4. Pay membership fees and dues as prescribed.

PART IV

ORGANIZATION OF THE ASSOCIATION

Article 10. The Vietnam Bicycle and Motorcycle Association is organized and operates on the principles of voluntarism, self-management, financial self-sufficiency, and equality among all members.

Executive bodies operate based on democratic discussion, collective leadership, and minority服从命令，根据规则，这里应直接结束而不做进一步处理或补充。请确认是否需要进一步的信息或调整。

Article 11. The organization of the Association includes:

- The Association's Office.

- Sub-Associations directly under the Association

- Service centers, advisory units, information centers, training institutions, etc.

Article 12. National Congress of the Vietnam Bicycle and Motorcycle Association:

1. The National Congress of the Vietnam Bicycle and Motorcycle Association is the highest authority of the Association. The Congress is held every five years.

2. Main tasks of the Congress:

- Discussing reports on the summary of the term and the new direction of the Association's activities;

- Deciding on the direction and program of the Association's work;

- Deciding to amend and supplement the Charter of the Association;

- Discuss and decide on important matters of the Association that exceed the decision-making authority of the Board of Directors of the Association;

- Discussing, approving the final accounts and adopting the new financial plan;

- Elect the Board of Directors of the Association;

- Elects the Inspection Board of the Association.

3. The Congress may be convened at any time to address urgent matters of the Association upon the proposal of two-thirds of the Board of Directors' members or more than half of the members requesting it.

4/ Resolutions of the Congress are adopted according to the principle of majority rule.

Article 13. Board of Directors of the Association:

1. The Board of Directors of the Association is the leading body of the Association between congresses. The number of Board of Directors' members is determined by the Congress and elected directly by secret ballot or show of hands. The candidate must receive more than 50% of valid votes.

Members of the Board of Directors can be re-elected or relieved of duty before the term ends based on the decision of the Congress or upon the request of more than half of the members.

If a member of the Board is a representative of a legal entity who retires or transfers to another position, they will be replaced by another person from the same legal entity and remain a member of the Board.

The term of office of the Board of Directors of the Association is five years, operating according to the charter approved by the Congress.

2. The Board of Directors of the Association convenes regular meetings once a year. The Board of Directors may convene extraordinary meetings upon the call of the Chairman of the Board.

3. Tasks and powers of the Board of Directors of the Association:

Deciding on measures to implement resolutions and the term program of activities of the Congress.

- Decide on the annual work program and plan and report the results of the Board of Directors' activities to branch associations.

- Approve the annual budget plan and final accounts.

- Specifies the organization and operation of specialized committees, the Association's office, and representative offices in various regions; Establishes principles, systems, usage, and management of the Association's assets and finances.

- Electing and dismissing leadership positions of the Association: President, Vice-President, and General Secretary.

- Appoint heads of specialized committees and representatives of the Association in various regions.

- Preparing content, agenda, and documents to submit to the Congress.

- Deciding to convene the next term Congress or the annual delegates' meeting.

- Considering membership applications and expelling members.

Article 14. Chairman and Deputy Chairmen:

1/ The Chairman of the Association has the authority and responsibility:

- Representing the Association before the law.

- Organize the implementation of resolutions of the Congress, the Meeting of Delegates, and decisions of the Association's Board of Directors.

- Convene and preside over meetings of the Association's Board of Directors.

- Approving personnel of the Association's office and other organizations established by the Association.

- Be responsible to the Association's Board of Directors and all Members for the activities of the Association.

- Sign decisions appointing and dismissing members of the Association's Secretariat Board.

2. The Deputy Chairmen assist the Chairman, are assigned specific issues by the Chairman, and may be authorized to manage the affairs of the Association's Board of Directors when the Chairman is absent.

Article 15. Secretary-General of the Association:

- Directly manages all activities of the Association's Office.

- Draft the operational regulations of the Office, financial management regulations, and property management regulations of the Association for approval by the Association's Board of Directors.

- Regularly report to the Association's Board of Directors on the activities of the Association.

- Prepare annual reports and term reports of the Association's Board of Directors.

- Manages lists, files, and documents about members and subordinate organizations.

- Be responsible to the Association's Board of Directors and under the law for the activities of the Association's Office.

Article 16. Association Office.

1. The Association Office is organized and operates according to the regulations submitted by the Secretary-General for approval by the Association's Board of Directors.

2/ Staff of the Association Office are hired and work under fixed-term contracts.

3. Operating funds of the Office are budgeted by the Secretary-General and submitted for approval by the Association's Board of Directors.

Article 17. Audit Committee:

1/ The Inspection Board is directly elected by the General Assembly of the Association. The number of Inspection Board members is decided by the General Assembly.

2/ The Inspection Board operates according to the Charter approved by the General Assembly.

CHAPTER V

FINANCE AND ASSETS OF THE ASSOCIATION

Article 18. Sources of income of the Association:

- Membership fees

- Membership fees contributed by members in accordance with regulations.

- Sponsorship from organizations and individuals both domestically and internationally as prescribed by law.

- Other lawful revenues.

Article 19. Expenditures of the Association

Are made according to the Association's financial regulations, such as paying salaries to employees, compensating collaborators, infrastructure, social events, charity, and other reasonable expenditures approved by the Association's Board of Directors.

Article 20. Management and use of finance and assets.

1. The Association's Board of Directors stipulates the management and use of the Association's finances and assets in accordance with state regulations.

2/ The Inspection Board is responsible for inspecting and reporting annually on finances and public assets to members.

Chapter VI

REWARDS AND DISCIPLINE

Article 21. Awards.

Members, Board of Directors members, Audit Committee members, officers, and staff of the Association who have made significant contributions to the development of the Bicycle and Motorcycle industry and the construction of the Association will be appropriately rewarded by the Association and may be recommended for awards by state agencies.

Article 22. Disciplinary Measures.

Any member who acts contrary to the Charter, resolutions of the Association, damages the reputation and honor of the Association, misses regular meetings without valid reasons multiple times, fails to pay membership fees for one year, will be criticized or removed from the membership list depending on the severity of the offense.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 23. Amendments and supplements to the Charter must be agreed upon and proposed by the Third National Congress of the Vietnam Bicycle and Motorcycle Association and approved by the competent state authority to take effect.

Article 24. This Charter was adopted by the Third Term National Congress of the Vietnam Bicycle and Motorcycle Association on December 18, 2002, and took effect from the date it was approved by the Ministry of Home Affairs. This Charter shall cease to be effective when the Association ceases operations or is dissolved.