Decision No. 111/2005/QĐ-BNV Approving the Charter (amended) of the Vietnam Association of Architects

DECISION OF THE MINISTER OF HOME AFFAIRS

Approving the Charter (Amended) of the Vietnam Architects' Association

 

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

 Pursuant to Decree No. 102/SL-L004 dated May 20, 1957 promulgating the Law on the Right to Establish 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;

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

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

DECISION:

 Article 1. The amended Charter of the Vietnam Architects' Association, which was approved at the Seventh National Congress of the Vietnam Architects' Association on August 13, 2005, is hereby approved.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE.

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

 

CHARTER (AMENDED)

 

Vietnam Architects' Association

(Issued pursuant to Decision No. 111/2005/QĐ-BNV dated November 1, 2005)

of the Minister of Home Affairs)

PART I

NAME, PURPOSE, SCOPE OF ACTIVITY AND ORGANIZATIONAL PRINCIPLES OF THE ASSOCIATION

AND PRINCIPLES OF ORGANIZATION AND OPERATION OF ASSOCIATIONS

Article 1. Name

1. Name: Vietnam Architects' Association

In this Charter, the Vietnam Architects' Association may be referred to as the Association.

2. Name in English: Vietnam Architects' Association

Abbreviation: VAA

3. The Association has its own emblem.

Article 2. Nature and Purpose of the Association

1. The Vietnam Architects' Association is a voluntary political, social, and professional organization of architects throughout the country.

2. The Vietnam Architects' Association operates under the leadership of the Communist Party of Vietnam and the management of the State, contributing practically to the industrialization and modernization of the country.

3. The Association gathers, unites, and encourages architects to utilize their intelligence and talent to build a modern and national architecture, contributing to the construction of the socialist-oriented nation.

4. The Association protects the legitimate rights of members in professional activities as prescribed by law.

Article 3. Scope of Activities of the Association

The Association operates nationwide and cooperates with professional organizations around the world in accordance with the law to serve the construction and development of the country's architecture, contributing to the development of global architecture.

Article 4. Principles of Operation of the Association

The Association organizes and operates based on the principles of voluntariness, democracy, majority decision-making, collective leadership, individual responsibility, and the active and creative role of members as stipulated in the Association's Charter.

Article 5. Relationships of the Association

1. The Vietnam Architects' Association is a member of the Vietnam Federation of Literature and Art Associations, the International Union of Architects (UIA), and the Asian Council of Architects Societies (ARCASIA).

2. The Association maintains cooperative relations with professional associations and agencies related to architecture and the activities of the Vietnam Architects' Association.

3. The Association maintains friendly and cooperative relations with progressive individuals and organizations in the field of architecture worldwide and in the region on the principle of mutual benefit in accordance with Vietnamese law and international practice.

Article 6. Headquarters, Legal Status, Seal, and Account of the Association

1. The Vietnam Architects' Association has legal personality, seals (wet seal, reduced wet seal, raised seal), and bank accounts as prescribed by law.

2. The headquarters of the Association is located in Hanoi, the capital city.

Chapter II

TASKS AND RIGHTS OF THE ASSOCIATION

Article 7. Tasks of the Association

1. To gather, unite, and encourage architects to enhance creative activities, improve professional skills, and perform tasks well in their positions. The Association protects the legitimate professional rights and interests of members regarding both spiritual and material aspects;

2. To provide advisory and appraisal services and social criticism to Party and State agencies and social organizations, economic units in formulating policies, systems, plans, and management in construction as well as training and utilizing architectural forces; important urban planning and design projects of the country according to the law;

3. To care for research, theoretical work, and criticism of architecture, serving as a driving force for the development of modern and national Vietnamese architecture;

4. To care for the building of the architectural workforce, identify, and nurture talents. Enhance the creative ability and professional skills of young architects;

5. To promote and disseminate policies, laws, experiences, and achievements in architecture and construction both domestically and internationally;

6. To establish and improve the organizational structure of the Association to operate effectively and positively impact the architecture and construction industry;

7. To participate in international and ASEAN regional activities in the Asia-Pacific region to promote and introduce Vietnamese architecture; expand professional cooperation and exchange with international colleagues.

Article 8. Powers of the Association

1. To plan and organize professional activities of the Association both domestically and internationally as prescribed by law;

2. To establish affiliated organizations and functional agencies of the Association with legal personality as prescribed by law;

3. To manage affiliated organizations and grassroots organizations of the Association and members throughout the country;

4. To reward and discipline affiliated organizations, members, and staff working at the Association's agencies; to commend domestic and foreign collectives and individuals who have contributed to the development of Vietnamese architecture;

5. To decide financial matters concerning the Association's assets as prescribed by law;

6. To accept financial support from the State and domestic and foreign organizations as prescribed by law;

7. To organize professional service activities as prescribed by law.

Chapter III

MEMBERS

Article 9. Standards and Conditions for Becoming a Member

1. Vietnamese architects who are citizens of Vietnam may be admitted as members of the Vietnam Association of Architects if they meet the following conditions:

a) Having five years of experience in the profession or three years of outstanding achievements in creation and contribution to the architectural cause;

b) Achieving good results in creation, training, scientific research, and construction management;

c) Agreeing with the Charter of the Association and voluntarily applying to join the Association;

d) Being approved by the grassroots organization of the Association and recommended.

2. Vietnamese citizens working in other fields who have made contributions to the architectural cause in Vietnam may be invited by the Central Executive Committee of the Association to become Honorary Members.

3. Procedures for admitting members shall be stipulated by the Standing Committee of the Association.

Article 10. Duties of Members

1. Adhering to the Charter of the Association, implementing all policies, plans, and activities of the Association effectively;

2. Striving to achieve high efficiency and quality in creative work, scientific research, teaching, and construction management;

3. Continuously studying to enhance political, ideological, and professional qualifications to fulfill civic responsibilities and the responsibilities of an architect in the process of industrialization and modernization of the country, building and defending the Socialist Republic of Vietnam;

4. Promoting and disseminating knowledge and achievements in architecture and construction among architects and the public;

5. Maintaining professional ethics, protecting the honor and quality of members of the Vietnam Association of Architects;

6. Introducing architects into the Association;

7. Paying membership fees as prescribed by the Central Executive Committee of the Association.

Article 11. Rights of Members

1. Participating in activities organized by the Association;

2. Running for and voting on members of leadership positions within the Association, questioning or making proposals to various levels of the Association on issues deemed necessary. Honorary Members do not participate in elections or nominations;

3. Democratically discussing all aspects of the Association's work;

4. Requesting and being protected by the Association in exercising their professional rights, authorship rights, and other rights as provided by law;

5. Receiving material and spiritual support from the Association within the capacity of the Association in their professional activities;

6. When transferring jobs or residence, members will be introduced to new associations by the Association;

7. Resigning from the list of members.

Chapter IV

ORGANIZATION OF THE ASSOCIATION

Article 12. Organization of the Vietnam Association of Architects:

1. The Vietnam Association of Architects.

2. Branches of the Vietnam Association of Architects.

3. Member Architectural Associations (Provincial and Municipal Architectural Associations established by provincial and municipal people's committees under the central government according to the provisions of the law, voluntarily applying to join as members of the Vietnam Association of Architects, and being approved by the Vietnam Association of Architects).

4. Architectural Clubs.

Article 13. Highest Leadership Body of the Association

1. The highest leadership body of the Association is the National Congress of the Vietnam Association of Architects, the Central Executive Committee of the Association is the executive body managing the Association's activities between two congress terms.

2. The National Congress of the Association is convened by the Central Executive Committee of the Association and determines the number and structure of delegates.

The Congress has the following tasks:

a) Discussing and evaluating reports on the situation of architecture in Vietnam and the activities of the Association during the previous term.

b) Discussing and voting on the direction and tasks of the Association for the new term.

c) Amending the Charter (if necessary).

d) Electing the new term Central Executive Committee of the Association.

e) Issuing resolutions and calls (if necessary).

3. The term of the Congress of the Association is five years.

An extraordinary Congress is convened when two-thirds of the Central Executive Committee members propose or at the request of competent state authorities. Resolutions only take effect if more than half of the total number of official participants vote in favor.

4. Regulations on election procedures:

a) Leadership bodies at all levels of the Association are elected.

b) Delegates attending the Congress are elected from grassroots organizations of the Association.

The election must ensure democracy, transparency, and be conducted through secret ballot.

Article 14. Central Executive Board of the Association

The Central Executive Board of the Association has the following tasks:

1. Decide on the number of members of the Standing Committee, Supervisory Board, and Architectural Council. Elect the Standing Committee, elect the President and Vice-Presidents of the Association from among the members of the Standing Committee; elect the Architectural Council and its Chairperson; elect the Supervisory Board and its Head;

2. Issue resolutions concerning all aspects of work to implement the resolutions of the congress;

3. Build and improve grassroots organizations of the Association, establish agencies to assist the Central Executive Board;

4. Approve reports on work, propose directions for activities, plans for work and finance of the Association;

5. Decide on awards given by the Association and recommend to competent authorities for consideration and awarding to organizations and individuals with outstanding achievements in the field of architecture and in association activities. Decide on disciplinary actions according to the Charter of the Association;

6. Approve cooperation plans with foreign architectural organizations;

7. Prepare and organize the National Congress of the Association according to the term of office.

8. Supplement or remove members of the Central Executive Board, Standing Committee, and leadership positions of the Association

The Central Executive Board of the Association convenes once a year, convened by the Standing Committee.

Article 15. Standing Committee of the Vietnam Architects' Association

The Standing Committee of the Association is the permanent body of the Central Executive Board of the Association, directly leading and managing all aspects of the Association's work between two meetings of the Central Executive Board. The Standing Committee of the Association consists of the President of the Association, the Vice-Presidents of the Association, and members elected by the Central Executive Board of the Association through secret ballot with a majority vote. The Standing Committee of the Association meets regularly every six months, convened by the President of the Association.

The Standing Committee of the Association has the following tasks:

1. Lead the implementation of the congress resolutions, resolutions of the Central Executive Board of the Association, and other aspects of the Association's work;

2. Direct and manage agencies under the Association and the Central Executive Boards of grassroots organizations of the Association;

3. Sign cooperation documents with foreign countries in accordance with the law;

4. Decide on the establishment or dissolution of Association organizations according to the Charter of the Association and the provisions of the law;

5. Approve the Operation Regulations and assign responsibilities to members of the Standing Committee.

Article 16. President of the Vietnam Architects' Association

The President of the Association is the head of the Vietnam Architects' Association responsible for directing all aspects of the Association's work, being the highest legal representative of the Association in internal and external relations. The President of the Association is elected by the Central Executive Board of the Association from among the members of the Standing Committee of the Association through secret ballot with a majority vote.

The President of the Association works full-time and holds the position of President of the Association for no more than two terms.

Article 17. Agencies and Organizations Under the Association

1. Agencies and organizations under the Association are established by the Central Executive Board of the Association and are directly under the direction of the Standing Committee of the Association.

2. Functions, tasks, personnel, and operation regulations of these agencies are decided by the Standing Committee of the Association and reported to the Central Executive Board of the Association.

3. Subordinate agencies include:

a) The Association Office: a comprehensive administrative agency assisting the Association's leadership. The Association Office has a Director. When necessary, regional representative offices of the Association can be established according to the law.

b) Functional Committees: member organization, theoretical research and criticism, training, creation, practice, propaganda, international cooperation

c) Architecture Magazine and Architecture Publishing House: specialized agencies under the Association, operating according to the Law on Press and the Law on Publishing.

d) The Institute of Architecture is a scientific research agency under the Association, managed by the Standing Committee of the Association and operates according to the law.

đ) Advisory and design service organizations of the Association operate according to the law, according to the Charter and regulations of the Association for that organization.

Article 18. Branches of Architects' Association

Organizations with architects operating in the fields of architecture, planning, and construction may establish branches of architects under the Association according to the decision of the Association's Chairman. The branch of architects under the Association is a grassroots organization of the Association, operating in accordance with the Charter of the Vietnam Architects' Association, with the tasks:

1. To gather and encourage architects at the organization to fulfill their civic duties, help each other improve their profession and enhance expertise and vocational skills. Provide professional advice;

2. The branch of architects under the Association must comply with internal regulations and provisions of the organization, the Charter of the Vietnam Architects' Association, and laws.

Article 19. Member Associations

Member Associations have the tasks:

1. To gather and encourage architects in the locality to fulfill their civic duties, help each other improve their profession and enhance expertise and vocational skills;

2. Advise on architectural, planning, and construction issues for local Party committees, authorities, and relevant organizations as prescribed by law.

Article 20. Architect Clubs

Clubs established or recognized by the Association aim to widely gather architects as well as individuals working for architecture in career development and Association growth.

Regulations governing Club activities shall be stipulated by the Association's Executive Board.

Article 21. Conferences of Grassroots Organizations of the Association

All-member (or representative) conferences of grassroots organizations of the Association shall convene every five years, called by the Grassroots Organization's Executive Committee. The conference has the tasks:

1. To review and evaluate all aspects of the grassroots organization's activities.

2. To build directions for new terms of work.

3. To determine the number of members of the Executive Committee, Supervisory Board, and elect the Executive Committee.

4. To discuss and contribute to documents of the Central Executive Committee of the Association, elect representatives to attend the National Conference of the Vietnam Architects' Association.

Article 22. Grassroots Executive Committees of the Association

The Grassroots Executive Committee of the Association is the leadership body of the grassroots organization, convening every three months. The Executive Committee includes the Chairman, Vice Chairmen, and members. The Grassroots Executive Committee may establish subordinate organizations upon approval by the Vietnam Architects' Association's Executive Board and in compliance with legal provisions.

The Grassroots Executive Committee of the Association has the tasks:

1. To elect the Chairman, Vice Chairmen, and Supervisory Board of the grassroots organization;

2. To implement resolutions and work of the Central Executive Committee of the Association and resolutions of the grassroots organization's conference;

3. To mobilize members and architects to implement the Party and State's policies;

4. To care for the development of new members;

5. To guide and inspect the implementation of the Charter of the Vietnam Architects' Association and the operational regulations of the grassroots organization;

6. To report to the Central Executive Committee of the Association and submit to the grassroots organization's conference the results of work and new directions and tasks;

7. To direct and manage directly subordinate organizations (if any).

Article 23. Supervisory Boards of the Association and of Grassroots Organizations

The Supervisory Board of the Association is elected by the Central Executive Committee of the Association. The Supervisory Board of the grassroots organization is elected by the Grassroots Executive Committee of the Association. The Supervisory Board consists of a Head and members. The Head must be a member of the Executive Committee. The Supervisory Board has the tasks:

1. To inspect compliance with the Charter of the Association and its operational regulations;

2. To inspect the implementation of Association resolutions;

3. To inspect the financial status of the Association;

4. To resolve complaints and denunciations;

5. To prepare inspection reports to the Association's Executive Committee and submit them to the Association's conference.

Article 24. Architecture Council

1. The Architecture Council is a specialized consulting organization under the field of architecture and planning of the Vietnam Association of Architects, operating according to regulations approved by the Central Executive Board of the Association.

2. The Architecture Council represents the Vietnam Association of Architects to implement the contents stipulated in Point 3 of Article 7 of this Charter.

3. The Architecture Council consists of experts from various fields within the domain of architecture and planning introduced and elected by the Central Executive Board of the Association. The number of members of the Architecture Council is determined by the Central Executive Board of the Association. The Architecture Council has a Chairman, Vice Chairmen, and other members. The Chairman of the Architecture Council must be a member of the Central Executive Board of the Association. The Chairman of the Architecture Council introduces candidates for the position of Vice Chairman of the Architecture Council for election by the members of the Architecture Council.

Chapter V

ASSETS AND FINANCE

Article 25. Assets and Finance of the Association

1. Sources of finance of the Association include:

a) Membership fees of members;

b) Money contributed from creative activities, scientific research and application, artistic activities, production, services, and other activities of organizations under the Association;

c) State financial support;

d) Money and materials donated by domestic and foreign organizations and individuals in accordance with the provisions of the law.

2. Expenditure items include:

a) Expenses for Association activities;

b) Awards;

c) Subsidies and welfare benefits for members;

d) Salary payments and administrative expenses;

đ) Purchase of equipment and facilities;

e) Other expenditures.

3. Management of the Association's assets and finance shall be carried out in accordance with the provisions of the law.

Article 26. Dissolution of the Association

The Association shall be dissolved in the following cases: self-dissolution by the Association or compulsory dissolution by competent state authorities.

Resolution of the Association's assets and finance upon dissolution shall be carried out in accordance with the provisions of the law.

Chapter VI

REWARD AND DISCIPLINE

Article 27. Awards

1. Organizations and members of the Association who achieve outstanding results in professional activities and association work shall be awarded by the Association or recommended for awards by higher authorities with the appropriate authority.

2. Levels of awards are regulated by the Central Executive Board of the Association.

Article 28. Disciplinary Measures

Organizations and members of the Association who violate the charter, fail to participate in meetings, do not pay membership fees for one year without valid reasons, violate laws... shall be subject to disciplinary measures such as warnings, name removal, expulsion, or recommendation to competent authorities to revoke their practice licenses (for individuals) and be warned or dissolved (for organizations), depending on the severity of the violation.

Chapter VII

IMPLEMENTING PROVISIONS

Article 29. Procedures for Amending and Supplementing the Charter

Only the National Congress of the Vietnam Association of Architects has the right to amend and supplement the Charter of the Vietnam Association of Architects.

Article 30. Effective Date

This Charter comprises 7 Chapters and 30 Articles, which were adopted at the Seventh National Congress of the Vietnam Association of Architects on August 13, 2005, and became effective pursuant to the approval decision of the Minister of Home Affairs.

The Central Executive Board of the Vietnam Association of Architects is responsible for guiding the implementation of the Charter of the Vietnam Association of Architects./.