Decision No. 06/2004/QD-BNV on Approving the Statutes of the Vietnam Association of Victims of Agent Orange/Dioxin

DECISION

REGARDING THE APPROVAL OF THE STATUTES OF THE ASSOCIATION OF VIETNAM VICTIMS OF AGENT ORANGE/DIOXIN

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 102/SL-L004 dated May 20, 1957 on the right to establish Associations;

Based on the Government's Decree No. 45/2003/NĐ-CP dated May 9, 2003 on the functions, tasks, authorities, and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government Decree No. 88/2003/NĐ-CP dated July 30, 2003 on the organization, operation, and management of Associations;

Considering the proposal of the Chairman of the Association of Vietnam Victims of Agent Orange/DIOXIN and the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Approves the Statutes of the Association of Vietnam Victims of Agent Orange/DIOXIN which were adopted at the First Congress on January 10, 2004.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Chairman of the Association of Vietnam Victims of Agent Orange/DIOXIN and the Director of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision./.

 

CHARTER

Association of Vietnam Victims of Agent Orange/DIOXIN

The Association of Vietnam Victims of Agent Orange/DIOXIN (hereinafter referred to as the Association of Agent Orange Victims - abbreviated as the Association) is a social-welfare organization. The Association unites and gathers victims affected by chemical toxins, specifically Agent Orange/DIOXIN produced by American companies and used by the US military during the war in Vietnam (hereinafter referred to as Agent Orange victims) and various strata of the Vietnamese people, voluntarily participating in mitigating the consequences of Agent Orange/DIOXIN, contributing to the development of the country, aiming for the goal of "prosperous people, strong nation, equitable, democratic, civilized society," for the benefit of Vietnamese Agent Orange victims.

The Association operates in accordance with the Constitution and laws of the Socialist Republic of Vietnam and these Statutes, and is subject to state management by the Ministry of Natural Resources and Environment.

The Association relates and cooperates with domestic and international social organizations based on principles of equality, mutual respect, compliance with Vietnamese laws, international treaties to which Vietnam is a party, and international practices.

PART I

GENERAL PROVISIONS

Article 1. Name of the Association: Association of Vietnam Victims of Agent Orange/DIOXIN.

English name: Viet Nam Association for Victims of Agent Orange/DIOXIN (abbreviated as VAVO).

Article 2.The Association is a social-welfare organization of Vietnamese citizens who are Agent Orange victims and individuals and entities voluntarily contributing their efforts, intelligence, and resources to assist Agent Orange victims, mitigating the consequences of chemical toxins used by the US during the war in Vietnam.

Article 3.The Association was established to mobilize all potential resources from society, both within and outside the country, to create conditions to assist Agent Orange victims and their families to integrate into the community and contribute to the construction and defense of the nation.

The Association educates and encourages Agent Orange victims to strive to improve themselves, organizes mutual assistance, fulfills civic duties, ensures the rights of citizens, and contributes to building and defending the socialist fatherland.

Article 4. The Association operates nationwide, has symbols, legal personality, seals, and separate bank accounts. The central office of the Association is located in Hanoi, the capital city.

Chapter II

FUNCTIONS, TASKS, RIGHTS, LIMITATIONS, AND PRINCIPLES OF ORGANIZATION AND OPERATION OF THE ASSOCIATION

Article 5.

The Association has the following functions:To promote and mobilize all social strata to uphold the national tradition of "loving others as oneself," supporting and helping each other spiritually and materially to overcome physical pain, reduce difficulties in life, encourage each other to overcome illness, foster optimism to continue contributing to society.

To protect the rights of Vietnamese Agent Orange victims.

To represent Vietnamese Agent Orange victims in relations with domestic agencies and organizations, in international relations, and in demanding that the United States take responsibility for remedying the consequences of chemical toxins they caused.

To represent victims in international forums and organizations to protect their rights.

Article 6.

Tasks and rights of the Association 1. To unite, mobilize, and encourage Agent Orange victims to overcome difficulties, utilize their capabilities in social activities, integrate into the community, and comply with state laws.

2. To promote and organize activities and mobilize contributions from individuals, state agencies, armed forces units, economic organizations, and occupational social organizations.

To provide material and spiritual assistance to help Agent Orange victims improve their living standards and integrate into the community. To promote the socialization of the Association's activities. . . 3. To propose and recommend to the state the issuance, supplementation, and amendment of mechanisms and policies related to the rights and legitimate interests of Agent Orange victims.

4. To expand international cooperation, seek financial support and assistance from foreign organizations and individuals in humanitarian activities for Agent Orange victims. To exchange experiences in the operation of the Association in compliance with Vietnamese laws. To participate in people-to-people diplomacy for the benefit of Agent Orange victims.

Article 7. The Association organizes and operates according to the following principles:

1. Voluntary, self-management, self-funding, and accountability under the law. 2. Unity, mutual assistance, and equal cooperation.

Article 8

         2. Solidarity, mutual assistance, and equal cooperation.

Chapter III

MEMBERS

         Article 8. Members

Victims affected by Agent Orange produced by American companies and used by the U.S. military during the war in Vietnam, and individuals or organizations that agree with the Charter of the Association and voluntarily apply to join the Association shall be admitted into the Association. The admission of members is decided by the Executive Board of the grassroots Association.

Article 9. Honorary member

Vietnamese citizens and overseas Vietnamese, foreigners who have made contributions to the Association may be considered for recognition as honorary members of the Association.

Honorary members do not participate in elections or nominations for leadership positions and do not vote on Association matters.

Article 10. Rights of Members

         1. Participate in activities of the Association's organizations, discuss and vote on Association affairs.

2. Nominate, run for, or propose candidates for leadership positions within the Association.

3. Receive support and assistance from the Association within its capacity, and be protected when their legitimate rights and interests are violated.

4. Propose opinions, suggestions, and request the Association to petition relevant authorities regarding issues of concern.

Article 11. Obligations of members

Adhere to the Charter of the Association, resolutions of the congress, as well as other decisions of the Association.

2. Participate in activities and fulfill tasks assigned by the Association.

3. Unite and cooperate with other members to strive together to achieve the objectives of the Association; participate in contributing to the promotion and development of the Association.

Chapter IV

ORGANIZATIONAL STRUCTURE OF THE ASSOCIATION

Article 12. The Association organizes and operates according to the principle of democratic centralism, decides to establish based on a majority and works under a collective leadership system with individual responsibility.

The organization of the Association includes:

- General Assembly, Full Member Meeting,

- Executive Board,

- President, Vice Presidents of the Association,

- Inspection Board,

- Secretary-General of the Association,

- Association Office,

- Subordinate organizations of the Association.

Article 13Regular Congress

         1. The regular Congress of the Association is held every five years by the incumbent Executive Board. The first Congress of the Association is convened by the Association Formation Mobilization Committee. The Congress of the Association is the highest leading body of the Association. Decisions of the Congress must be approved by more than half of the official delegates.

2. Main tasks of the Congress:

- Approve the Charter or amended Charter,

- Discuss the final report of the previous term and the direction and tasks of the new term of the Association,

- Discuss and provide feedback on the inspection report of the Executive Board and the Inspection Board during the previous term,

- Discuss and approve: financial settlement of the previous term and the financial plan for the new term of the Association,

- Elect the Executive Board and the Inspection Board,

- Discuss and approve the Resolution of the Congress.

         3. The Executive Board may convene a full Congress or an extraordinary member meeting at the request of the President of the Executive Board or more than 50% of the total number of Executive Board members, or two-thirds of the total number of members to address urgent issues of the Association.

         4. The summons for a full Congress or an extraordinary member meeting must clearly state the agenda and be sent to all members at least two weeks before the meeting date.

5. Resolutions of a full Congress or an extraordinary member meeting are passed by voting according to the majority principle. Each official member has one vote. In case they cannot attend the Congress or the member meeting, a representative can delegate another person to represent them. The form of voting is determined by the Congress or the meeting.

         6. Mid-term meetings between Congresses: Once every two and a half years to review and promote the implementation of the Congress resolutions.

         7. An extraordinary meeting will be convened if at least two-thirds of the Executive Board members and more than half of the members propose it. The Executive Board will convene an extraordinary meeting to address urgent issues of the Association.

Article 14The Executive Board is the highest leading body between two Congresses

         1. The number of Executive Board members is decided by the Congress, including one President, two to three Vice Presidents, and one Secretary-General.

         2. The Executive Board is elected by secret ballot by the Congress. The list of proposed and nominated candidates must be approved by the Congress. The term of the Executive Board is five years. If there is a need to supplement or replace Executive Board members within the number approved by the Congress, the new member is elected by the Executive Board upon recommendation by the President of the Association.

         3The Executive Board operates according to the Rules of Procedure of the Executive Board adopted by the Congress.

         4. The Executive Board meets at least twice a year upon the call of the President of the Executive Board. A session of the Executive Board is considered valid when two-thirds of the total number of Executive Board members are present.

         5. Decisions and resolutions of the Executive Board are passed by voting and only become effective when more than half of the attending Executive Board members agree. If the number of votes for and against is equal, the side with the opinion of the President of the Executive Board will prevail. The form of voting is determined by the session of the Executive Board.

         6. The Executive Board has duties and powers:

- Decide on measures to implement the resolutions of the Congress,

- Decide on annual work plans or interim plans between sessions of the Executive Board,

- Approve the financial plan and settlement for the term and annually of the Association as presented by the General Secretary for submission to the Plenary Session or the General Assembly;

- Resolve issues arising between sessions of the General Assembly;

- Prepare the content, agenda, and documents for the General Assembly (including extraordinary General Assemblies) and annual Plenary Sessions;

- Specify detailed principles, management systems, financial usage regulations of the Association, organizational and operational regulations of the Association's Office;

- Elect and dismiss confidentially leadership positions of the Association: President, Vice Presidents, General Secretary;

- Decide on admitting members, disciplining (including members of the Executive Board and Standing Committee), and dismissing membership status;

- Decide to convene the General Assembly or the General Member Assembly;

Article 15. President and Vice Presidents of the Association

         1. The Chairman of the Executive Board concurrently serves as the President, and the Vice Chairmen of the Executive Board concurrently serve as the Vice Presidents. The President is elected by the Executive Board, and the Vice Presidents are elected by the Executive Board upon recommendation of the President.

2. The President has authority and responsibilities:

Representing the Association before the law;

Being the account holder, managing the Association's finances and assets;

Organizing and implementing resolutions of the General Assembly, Plenary Sessions, and decisions of the Executive Board;

Convening and chairing meetings of the Executive Board;

Being accountable to the Executive Board and all members regarding the Association's activities;

Approving personnel for the Association's Office, deciding to establish other organizations of the Association based on the General Secretary's proposal;

Establishing specialized subcommittees.

         3. The Vice Presidents assist the President, assigned specific tasks by the President, and may be authorized to manage the Executive Board's work when the President is absent.

Article 16.General Secretary of the Association

The General Secretary is elected by the Executive Board upon recommendation of the President, with the following duties and authorities:

Representing the Association's Office in daily transactions;

Organizing and managing daily activities of the Association's Office;

Managing the Association's transaction files and documents;

Drafting operational regulations of the Office, financial management regulations, and asset management regulations of the Association for approval by the Executive Board;

Regularly reporting to the Executive Board on the Association's activities;

Preparing annual and term reports of the Executive Board;

Managing lists, files, and documents of members and affiliated organizations;

Being accountable to the Executive Board and the law for the Office's activities.

Article 17. Standing Committee of the Executive Board

The Standing Committee of the Executive Board consists of the President, Vice Presidents, General Secretary, and members. The number of Standing Committee members is determined by the Executive Board. The Standing Committee has the following responsibilities:

Directing the implementation of resolutions of the Association's General Assembly and the Executive Board;

Managing the Association's assets and finances;

Deciding on organizational and membership issues of the Association and guiding the operations of affiliated organizations;

Preparing content and convening meetings of the Executive Board; reporting completed work to the Executive Board Plenary Session.

Article 18. Association Office

1. The Association's Office operates according to regulations approved by the Executive Board.

2. The organizational structure of the Association's Office is approved by the Executive Board. Personnel of the Office are recruited through public examinations and approved by the President.

3. Office staff must be highly qualified professionals with high responsibility, recruited through open examinations, working under contracts; pursuant to the contract;

4. Annual operating funds for the Office are budgeted by the General Secretary, submitted for approval by the Executive Board and ratified by the annual Plenary Session.

Article 19.. Inspection Committee

1. The Audit Board consists of one Chairperson elected by the General Assembly, comprising three to five members. The Audit Board has a term concurrent with that of the Executive Board.

2. The Audit Board operates independently from the Executive Board, according to regulations approved by the General Assembly or the General Member Assembly.

3. Members of the Audit Board are provided with expenses directly related to their activities by the Association.

4. The Audit Board has the following duties and authorities:

Auditing and supervising the Executive Board, President, Vice Presidents, General Secretary, assisting bodies of the Association, and all members in adhering to the Charter, financial management regulations, and resolutions of the Association;

Auditing, informing members, and recommending actions on issues proposed by the Executive Board or members;

Requesting the Executive Board to convene extraordinary meetings or extraordinary plenary sessions when necessary for the Association;

5. The Chairperson of the Audit Board may attend meetings of the Executive Board.

Article 20. Organizations and units directly under the Association

         The Association may establish a number of units directly under it for service and advisory activities. The establishment of these units must comply with legal regulations and be decided by the Chairman.

Chapter V

FINANCE AND ASSETS OF THE ASSOCIATION

         Article 21. Financial resources of the Association

         a) The financial resources of the Association include state budget funding, membership fees, and other sources of income.

         Membership fees of the Association are set by the Central Executive Board of the Association at appropriate times to match the contribution capacity of members. Membership fees shall not be collected from members who are victims of Agent Orange.

         b) The financial resources of the Association are allocated for the following purposes:

         1. Expenditure on the activities of the Association, mainly for supporting Agent Orange victims: emergency assistance, care, vocational training, job creation, education, medical examination and treatment, rehabilitation.

         2. Expenditure on propaganda work.

         3. Expenditure on the activities of the Association.

         4. Expenditure on awards.

         Article 22. Assets of the Association

         Assets invested and supported by the State, donated by other associations, international organizations, and the community such as headquarters, equipment... are the property of the Association, managed and utilized according to State regulations and guidance from higher-level associations.

Chapter VI

REWARD AND DISCIPLINE

         Article 23. Awards

         Collectives and individuals with outstanding achievements in association activities are eligible for commendation by the Association or recommendation for State commendation. Reward systems are implemented according to State guidelines and those of the Central Executive Board of the Association.

         Article 24. Disciplinary measures

         Collectives of the Executive Board, Standing Committee, and individuals violating the Charter, resolutions of the Association, or damaging the reputation, assets, or finances of the Association may be criticized, warned, or denied membership status depending on the severity of the violation.

Chapter VII

DISSOLUTION OF THE ASSOCIATION

         Article 25. The Association ceases operations in the following cases:

         The Association voluntarily dissolves according to a resolution passed by more than 50% of its total membership.

         The Association is dissolved due to non-continuous operation for over 12 months or when the Central Executive Board fails to implement a resolution of the General Assembly.

         Upon dissolution, the General Assembly or the competent state authority that decides on the dissolution of the Association designates a liquidation committee. The liquidation committee is responsible for reporting the results of the liquidation to all members and the Ministry of Interior and the Ministry of Natural Resources and Environment.

Chapter VIII

IMPLEMENTATION OF THE ASSOCIATION CHARTER

         Article 26. Compliance with the Charter of the Association

         Association organizations and members must strictly adhere to the Association Charter.

         The Executive Board has the responsibility to guide the implementation of the Association Charter.

         Article 27. Amendment and Supplement to the Charter

         Only the General Assembly or the Delegates' Congress of the Association has the right to amend or supplement the Charter.

         Article 28. Effectiveness of the Statutes

         This Charter consists of 8 chapters and 28 articles, which were adopted by the Vietnam Victims of Agent Orange/Dioxin Association on January 10, 2004, and became effective upon the issuance of the Ministry of Interior's decision approving it./.