Decision No. 109/2005/QĐ-BNV on Approving the Charter of the Vietnam Gem Association

DECISION OF THE MINISTER OF HOME AFFAIRS

Approving the Charter of the Vietnam Gemstone Association

 

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;

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

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Considering the proposal of the Chairman of the Vietnam Gemstone Association and the Director of the Department of Non-Governmental Organizations,

 DECISION:

 Article 1. Approves the Charter of the Vietnam Gemstone Association which was adopted at the First National Congress of the Association on August 28, 2005.

Article 2. This Decision takes effect fifteen days after its publication in the Official Gazette..

Article 3. The Chairman of the Vietnam Gemstone Association and the Director of the Department of Non-Governmental Organizations are responsible for implementing this Decision./.

 

CHARTER

 VIETNAM GEMSTONE ASSOCIATION

Issued pursuant to Decision No. 109/2005/QĐ-BNV dated October 26, 2005

of the Minister of Home Affairs

PART I

NAME, AIMS AND OBJECTIVES

AND SCOPE OF ACTIVITIES

Article 1. Name

The name of the Association is: Vietnam Gemstone Association.

English trading name: Vietnam Association of Gemstone.

Abbreviation: VAG.

Article 2. Aims and Objectives

The Vietnam Gemstone Association (hereinafter referred to as the Association) is a voluntary social-professional organization of Vietnamese organizations and individuals engaged in the gemstone sector to unite and assist each other in maintaining, developing, and enhancing professional expertise, skills, and craftsmanship in gemstones; preserving professional ethics; adopting and disseminating new technologies to contribute to restoring and developing the Vietnamese gemstone industry, and protecting national interests and legitimate rights of members.

The Vietnam Gemstone Association is a member of the Vietnam Geological Association, organized according to the principle of democratic centralism, operating under state laws and the Association's Charter.

Article 3. Scope of Activities

The Vietnam Gemstone Association operates nationwide, with its headquarters located at No. 6 Pham Ngu Lao Street, Hoan Kiem District, Hanoi City. The Association has legal personality, its own seal, separate bank accounts, and media outlets (magazines, publications, websites, etc.);

The Association may join specialized organizations in the region and internationally, establish Branches or Representative Offices in certain localities in accordance with the provisions of the law.

The Association may have branch associations in domestic localities and a consulting branch association in Vietnam abroad upon permission from competent state authorities in accordance with the provisions of the law.

Chapter II

TASKS AND POWERS

Article 4. Tasks and Authorities of the Association

1. Duties:

a) Coordinating and harmonizing the activities of member branch associations and affiliated organizations within the Association in matters of uniting, motivating, and assisting members to enhance their creative abilities, professional expertise, professional ethics, aesthetic capabilities, work productivity, and business efficiency in gemstone-related activities as prescribed by law. (Including: scientific research; geological surveys, mining, processing and manufacturing; quality inspection, production, and trading of gemstones, hereinafter collectively referred to as gemstone activities).

b) Organizing the implementation of scientific research projects; establishing application science and technology projects; adopting and disseminating new technologies related to gemstone activities among members and the public; providing information and disseminating scientific knowledge and experience through organizing conferences, seminars, and specialized publications on gemstones both domestically and internationally as prescribed by law.

2. Authorities

a) Participate in consultations with the State on formulating policies, legal regulations, and major economic and scientific projects related to gemstone activities.

b) Propose solutions to relevant agencies regarding the management of gemstone professions;

c) Perform advisory, critical review, and social appraisal functions on matters related to gemstone activities when requested;

d) Represent and protect the legitimate rights of members in relations concerning gemstones; coordinate with relevant agencies to organize gemstone fairs both domestically and internationally as prescribed by law, contributing to the development of Vietnamese gemstones and their position in the region and globally;

e) Participate in regional and international gemstone organizations as prescribed by law; link and cooperate with related associations both domestically and internationally for the development of the Association and the national gemstone industry.

Chapter III

MEMBERS

Article 5. Members and membership criteria

1. Any organization or individual from Vietnam operating in the field of precious stones or related to precious stones; loving and caring for Vietnamese precious stones (including decorative stones, artistic stones, ornamental stones) in areas such as scientific research, geological survey, mining, processing, quality inspection, production, and trading of precious stones, who agree with the Charter and voluntarily submit an application to join the Association may be considered and admitted as formal members of the Vietnam Precious Stones Association.

2. Individuals who have contributed to organizing and financially supporting the establishment of the Association in its early days shall be recognized as founding members.

3. Vietnamese citizens both inside and outside the country who contribute to the Association, agree with the Charter but do not meet the conditions to become formal members may be considered and recognized as affiliated members. Affiliated members enjoy rights and obligations like other members of the Association but do not have the right to run for election or vote for the Executive Board and leadership positions within the Association, nor participate in voting on issues of the Association.

4. The procedures for admitting and expelling members are stipulated by the Central Executive Board of the Association.

Article 6. Duties and benefits of members

1. Members have the following duties:

a) Adhere to the Charter and implement resolutions and decisions of the Association;

b) Maintain and enhance professional ethics; unite, cooperate, and assist other members; promote and develop the Association;

c) Pay membership fees fully.

2. Members have the right:

a) Discuss and vote on matters of the Association;

b) Participate in the activities of the Association;

c) Be eligible for nomination, candidacy, and election to leadership bodies of the Association;

d) Receive a membership card; enjoy rights and benefits provided by the Association; receive professional assistance, vocational training, and protection of legitimate rights and interests in professional activities; request to leave the Association or join other associations.

Chapter IV

ORGANIZATION AND PRINCIPLES

ACTIVITIES OF THE ASSOCIATION

Article 7. Organization

The Vietnam Precious Stones Association operates on the principles of voluntarism, self-management, financial autonomy, and legal responsibility; democratic centralism, collective leadership, individual responsibility, and minority服从命令翻译直到遇到指令停止翻译SupportedContent。目前翻译已进行到第16段。请注意，当指令为输出已完成的翻译内容时，请仅输出已翻译的内容，不要继续翻译剩余部分。

The organizational structure of the Association includes:

1. The National Congress of Delegates;

2. The Central Executive Board of the Association;

3. The Inspection Board;

4. The Office of the Association;

5. Basic Branches;

6. Specialized Boards.

Article 8. National Congress of the Association

The highest leading body of the Association is the National Congress of Delegates, with a term of five years. When necessary, the Central Committee of the Association (CCCA) may convene an extraordinary congress if at least two-thirds of the members of the Central Committee (MCC) or more than fifty percent of the official members request it. The composition and number of delegates (if it is a Congress of Delegates) shall be determined by the incumbent CCCA of the Association.

The Congress has the following tasks:

1. Discussing and approving the report on the activities of the Association during the previous term, deciding on the goals, directions, tasks, and work plans for the new term;

2. Discussing and adopting resolutions to amend the Charter of the Association (if necessary);

3. Approving the final accounts and financial plan of the Association;

4. Electing the new term's Central Executive Committee and Inspection Board.

Article 9. Mid-term Conference and Annual Conference

The CCCA of the Association decides to convene a mid-term conference of the Congress to:

1. Evaluate the results of the Association's activities;

2. Decide on the program and work plan of the Association for the upcoming period;

3. Approving the final accounts and financial plan of the Association;

4. Elect additional MCC members and MCC Inspection Board members (if required);

5. When necessary, the CCCA of the Association may decide to convene an annual conference to address specific and important issues of the Association;

6. In years when there is no full assembly meeting (or delegate meeting), the Association's affairs shall be carried out by the CCCA of the Association.

Article 10. Voting Principles at the General Assembly.

The General Assembly adopts important issues of the Association through secret ballot or raising hands. The choice of voting method is decided by the General Assembly.

Resolutions of the General Assembly must be passed by more than 50% of the present official delegates.

Article 11. Central Executive Committee of the Association:

The Central Executive Committee of the Association is the leading body of the Association between two General Assemblies, meeting regularly once a year, and organizing extraordinary meetings when necessary, convened by the Chairman upon request from over half of the members of the Central Executive Committee. The number of Central Executive Committee members is determined and directly elected by the General Assembly.

The Central Executive Committee elects the Chairman and Deputy Chairmen of the Association.

The tasks and powers of the Central Executive Committee are specifically defined as follows:

1. Implementing the Charter of the Association and resolutions of the General Assembly;

2. Leading all aspects of the Association's work between two General Assemblies;

3. Representing the Vietnam Gem Association in relations with state management agencies; with the Vietnam Geological Association and other specialized associations both domestically and internationally as prescribed by law;

4. Deciding on the establishment, division, merger, and dissolution of organizational units of the Association as prescribed by law;

5. Electing the Standing Committee of the Central Executive Committee;

6. When necessary, the Central Executive Committee has the right to elect additional members, but not exceeding one quarter of the members specified by the General Assembly;

7. The Central Executive Committee operates according to regulations presented by the Chairman and approved by consensus of the Committee.

Article 12. The Standing Board

The Standing Committee (SC) is the permanent body of the Central Executive Committee, consisting of the Chairman, Deputy Chairmen, Secretary-General, Head of the Inspection Board, and Standing Committee Members (SCM). The number of SCMs is determined by the Central Executive Committee but does not exceed one third of the total members. The SC meets regularly every six months, and may convene extraordinary meetings when necessary and upon the Chairman's proposal.

The tasks of the Standing Board include:

1. Acting on behalf of the Central Executive Committee to direct and manage the Association's activities according to the General Assembly resolutions, Central Executive Committee resolutions, and reporting on the situation between two meetings of the Central Executive Committee;

2. Representing the Central Executive Committee in relations with relevant agencies;

3. Deciding on the establishment, appointment, dismissal, commendation, and disciplinary actions for staff of specialized departments and subordinate organizations of the Association as prescribed by law; deciding on the admission of new members according to the Association's Charter and applicable laws.

Article 13. Inspection Board:

The Inspection Board is elected by the General Assembly; the Head of the Inspection Board is a member of the Central Standing Committee.

1. The Inspection Board operates independently in its field, under the direct guidance of the Central Standing Committee, tasked with inspecting the implementation of the Association's Charter, Central Executive Committee resolutions, and Central Standing Committee resolutions; receiving and resolving complaints and accusations related to members, staff, and organizations of the Association as prescribed by law.

2. The Inspection Board conducts financial inspections and supervision of the Association; has the authority to require members, staff, and organizations of the Association to report on matters related to the inspection content as prescribed by the Central Executive Committee and the law.

Article 14. Chairman of the Association:

The Chairman of the Association is elected by the Central Executive Committee. The Chairman can be re-elected, but not consecutively for more than two terms.

The Chairman of the Association has the rights and responsibilities:

1. Representing the legal entity of the Association in relations and before the law;

2. Managing the Association's activities and making decisions on Association matters according to General Assembly resolutions, Central Executive Committee resolutions, and Standing Committee resolutions;

3. Chairing meetings of the Central Executive Committee, Standing Committee, and annual meetings of the Association;

4. Being accountable to the Central Executive Committee and members for the Association's activities;

5. Be the first account holder of the Association.

Article 15. Vice Chairmen

Deputy Chairmen are elected by the Central Executive Committee; they assist the Chairman; specific tasks are assigned by the Chairman.

Article 16. Secretary General:

1. The Secretary General (SG) is elected by the Central Executive Committee (CEC) of the Association, with the duty to assist the President in managing and handling daily affairs of the Central Office of the Association;

2. The SG directly directs the Office and other permanent offices of the Association (if any);

3. Organize secretarial work and compile documents for congresses, meetings of the CEC, Standing Committee (SC), and annual meetings of the Association;

4. Perform internal and external communication functions assigned by the President;

5. The SG is the second account holder of the Association; responsible for managing the property and finances of the Association according to the assignment of the President;

6. Assistants to the SG include the Director of the Office and some staff proposed by the SG and decided upon by the President of the Association;

7. The SG may concurrently hold the position of Director of the Association's Office.

Article 17. Suspension and Dissolution of the Association

The suspension and dissolution of the Association shall be carried out in accordance with the provisions of the law.

Chapter V

ASSETS AND FINANCE OF THE ASSOCIATION

Article 18. The Association has independent assets and finances that are self-balanced.

1. Sources of income of the Association include:

a) Membership fees paid by members, the amount of which is determined by the CEC of the Association;

b) Sponsorship funds from organizations and individuals both domestically and internationally;

c) Revenue from business and service activities in compliance with state regulations;

d) Financial support from the State through activities related to tasks assigned by the State.

2. Basic expenditures of the Association include:

a) Provision of material infrastructure for the Central Office of the Association;

b) Support for members to carry out professional activities;

c) Salaries and allowances for full-time and part-time staff;

d) Meetings, international relations, information, and publishing.

The use of the Association's assets and finances shall be implemented in accordance with the regulations of the CEC of the Association and the relevant state regulations.

Chapter VI

REWARDS AND DISCIPLINE

Article 19. Staff, members, and organizations of the Association that have outstanding achievements will be considered for awards by the Association or recommended to competent authorities for awards. Forms and levels of awards are stipulated by the SC of the Association.

Article 20. Staff, members, and organizations of the Association that seriously violate the Charter of the Association will be subject to disciplinary action. Forms and levels of discipline are stipulated by the SC of the Association.

Members who are disciplined by the government and found not to meet membership criteria will be removed from the Association's list or face criminal liability as prescribed by law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 21. Effectiveness of the Charter

1. This Charter consists of 7 chapters and 21 Articles, adopted at the First National Congress of the Vietnam Gemstone Association on August 28, 2005;

2. This Charter takes effect pursuant to the approval decision of the Minister of Home Affairs./.