Decision No. 123/2005/QĐ-BNV Regarding the Approval of the Statutes of the Vietnam Association for Veterinary Drug Production and Business

DECISION OF THE MINISTER OF HOME AFFAIRS

Regarding the approval of the Charter

of the Vietnam Veterinary Pharmaceutical 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 the Government's Decree No. 45/2003/NĐ-CP dated May 9, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

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

Considering the proposal of the Chairman of the Vietnam Veterinary Pharmaceutical Association and the Director of the Department for Non-Governmental Organizations,

 DECISION:

 Article 1. Approves the Charter of the Vietnam Veterinary Pharmaceutical Association which was adopted at the First Term General Assembly on August 24, 2005.

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 Vietnam Veterinary Pharmaceutical Association and the Director of the Department for Non-Governmental Organizations shall be responsible for implementing this Decision.

CHARTER

 

VIETNAM VETERINARY PHARMACEUTICAL ASSOCIATION

(Issued pursuant to Decision No. 123/2005/QĐ-BNV dated November 18, 2005)

of the Minister of Home Affairs)

PART I

NAME - PURPOSE - SCOPE OF OPERATIONS

Article 1. Name

1. Vietnamese name: Vietnam Veterinary Pharmaceutical Association.

2. English name: Viet Nam Veterinary Pharmaceutical Association

3. Abbreviation in English: VVPA.

Article 2. Purpose and Objectives

The Vietnam Veterinary Pharmaceutical Association (hereinafter referred to as the Association) is a professional social organization of organizations and individuals (hereinafter referred to as Members) engaged in the production and business of veterinary drugs within the territory of Vietnam, voluntarily established with the purpose of cooperation, linkage, support, and mutual assistance in the development of their professions, enhancing business efficiency, and protecting the legitimate rights and interests of Members in activities related to the production and business of veterinary drugs, thereby integrating with organizations operating in the field of production and business of veterinary drugs worldwide in accordance with the law.

Article 3. Field and Scope of Operations of the Association

The Association operates throughout the country in accordance with the laws of the Socialist Republic of Vietnam and this Charter. The Association is subject to state management by the Ministry of Agriculture and Rural Development.

The Association operates in the fields of production, processing, supplying raw materials, equipment, consulting services, and other activities related to the production and business of veterinary drugs.

Article 4. Legal Status of the Association

The Association has legal personality, its own seal, and separate accounts.

The main office of the Association is located in Hanoi, and the Association may establish representative offices both domestically and internationally in accordance with the law.

Chapter II

TASKS AND POWERS OF THE ASSOCIATION

Article 5. Tasks of the Association

1. To gather organizations and individuals engaged in the production and business of veterinary drugs with the aim of solidarity, mutual support, experience exchange, and enhancing the production and business efficiency of Members within the Association, contributing to the construction and development of the veterinary drug production and business industry in Vietnam.

2. To represent Members in making proposals to state management agencies regarding policies, measures, and initiatives related to the production and business of veterinary drugs, supporting Members in issues related to this field to create favorable conditions for stable and sustainable industry development.

3. To take the initiative in market research and development for the production and business of veterinary drugs, helping Members avoid violations during production and business, and establishing their rights and obligations.

4. To guide and assist Members in building and protecting their brands.

5. To update and provide Members with information on policies, laws, and state initiatives related to the construction and development of the veterinary drug production and business industry.

6. To advise and guide Members on compliance with laws, state policies, and regulations of the Association.

7. To cooperate with state agencies and legal protection bodies to protect the legitimate rights and interests of Members. Participate in mediating disputes between Members; organize support and assistance for Members when encountering unexpected difficulties within the capacity of the Association.

8. To introduce the achievements and capabilities of Members in research, production, and business to promote product promotion and enhance domestic production and business development.

9. To collect and provide Members with information on markets, technology, science, management, and economics.

10. To publish magazines, periodicals, and other publications in the specialized field of veterinary drug production and business in accordance with the law.

11. To organize conferences, seminars, special reports, roundtable discussions, training sessions, and support for training and internships both domestically and internationally in the field of veterinary drug production and business and related fields.

12. To assist and advise Members in selecting production and business options, introducing contracts or directly signing contracts; in registering industrial property rights, design patents, and applying for ISO and GMP certification.

13. To implement cooperative and professional support activities, experience exchanges between Associations and organizations both domestically and internationally related to the field of operations of the Association, serving the purposes and activities of the Association in accordance with the law.

To engage with international organizations, creating a development environment for the Vietnamese veterinary drug production and business industry to integrate with the region and the world in accordance with the law.

To organize thematic visits both domestically and internationally; participate in International Conferences on veterinary drug production and business in accordance with the law.

To organize surveys and learning experiences from other countries in accordance with the law.

14. To join as members of organizations operating in the same field regionally and internationally in accordance with the law.

15. To perform other tasks when requested by the Vietnamese State.

Article 6. Powers of the Association

1. Representing Members in internal and external relations related to the functions and tasks of the Association as prescribed by law.

2. Protecting the legitimate rights and interests of the Association and its Members. Organizing cooperation among Members for the common benefit of the Association, mediating disputes within the Association.

3. Participating in providing opinions on regulatory legal documents related to veterinary drug management at the request of state management agencies. Making recommendations to competent state authorities regarding issues related to the development of the production and business of veterinary drugs in Vietnam and issues related to the field of activity of the Association.

4. Cooperating with relevant agencies and organizations to carry out the tasks of the Association.

5. Being entitled to establish a Fund of the Association based on membership fees of Members and income from service activities as prescribed by law to cover operational expenses.

6. Being entitled to receive lawful financial support from domestic and foreign organizations and individuals as prescribed by law.

7. Being entitled to participate in signing and implementing agreements with international organizations and international activities as prescribed by law.

8. Taking the lead in coordinating among Members in actively seeking, building, and developing markets for the production and business of veterinary drugs.

9. Establishing and dissolving organizations of the Association in accordance with the provisions of law.

10. Awarding Members who have achieved results in implementing the Charter of the Association.

Chapter III

MEMBERS

Article 7. Members

1. Official Members of the Association: are organizations and individuals of Vietnam licensed to operate in the field of veterinary drug production and business according to current laws, managers under state agencies introduced and agreeing with the Charter of the Association, voluntarily submitting applications to join the Association, paying membership fees and being recognized by the Executive Board of the Association can become official Members of the Association.

2. Associated Members of the Association: are joint ventures or wholly foreign-owned enterprises operating in fields related to veterinary drug production and business in Vietnam willing, agreeing with the Charter of the Association, voluntarily applying to join and paying joining fees are eligible for admission to the Association.

3. Honorary Members of the Association: are citizens, scientific and technical managers, and legal entities who have contributed to the development of the industry of veterinary drug production and business generally and specifically to the Association, having prestige, experience, making positive contributions to the Association or belonging to certain related industries and fields, agreeing with the Charter and wishing to join the Association, unanimously invited by the Central Executive Board of the Association to become Honorary Members of the Association.

4. Members of the founding movement committee recognized by the founding congress as Founding Members of the Association.

5. Enterprises and organizations meeting the conditions set forth in Clause 1 of Article 7 wishing to join the Association must submit an application (according to the prescribed form). Admission of new Members is decided by the Central Executive Board of the Association. Those organizations and individuals officially become Members after paying joining fees and receiving Membership cards from the Association.

6. Legal entity Members (enterprises or organizations) appoint their representatives to the Association. The representative must have decision-making authority, clearly stating their name and position in the application to join the Association. In cases of delegation, the delegate must have decision-making authority and the person delegated must be responsible for the delegation. When changing representatives, Members must notify the Central Executive Board of the Association in writing.

Article 8. Rights of Members

1. To express wishes through the Association and to have the Association protect their legitimate rights and interests in accordance with the tasks and powers of the Association.

2. To be provided with information for research, production, and business activities. To participate in conferences, seminars, training sessions organized by the Association, or to be invited by the Association to attend such events.

3. To request the Association to intervene with competent authorities regarding policies that are appropriate to the legitimate interests of members, ensuring compliance with the law. To request intervention to resolve violations caused by organizations or individuals outside the Association that harm production and business activities.

4. To participate in economic contracts signed by the Association with partners both domestically and internationally. To request the Association to act as intermediary or provide advice in transactions.

5. To receive information from the Association and assistance in resolving disputes, to participate in forms of association organized by the Association.

6. To attend the General Assembly, to nominate and be nominated for election to leadership positions within the Association and its local branches; to discuss and vote on resolutions of the Association, and to criticize and question the Central Executive Board about all policies and activities of the Association.

7. To leave the Association when deemed unable to continue as a member. In this case, the member must officially notify the Central Executive Board in writing, and will receive approval from the Central Executive Board within thirty days from the date of receipt of the member's document.

8. Associate members and honorary members enjoy the same rights as regular members, except for the right to nominate and be elected to leadership positions within the Association and the right to vote on issues of the Association.

9. To be issued a Member Card.

Article 9. Obligations of Members

1. Strictly comply with the state’s policies, laws, and regulations stipulated in the Charter.

2. Adhere to the Charter of the Association and resolutions of the General Assembly and the Central Executive Board.

3. When associate members and honorary members have opinions differing from resolutions, they must submit them in writing for the Central Executive Board to consider.

4. To provide the Central Executive Board with relevant information concerning the field of veterinary drug production and business operations, as requested, so that the Association has sufficient information to serve the needs of members.

5. To participate in activities and meetings of the Association; to unite and cooperate with other members to contribute to building a stronger Association.

6. To attend regular and extraordinary meetings of the Association.

7. To pay membership fees and dues fully and on time according to the principles established by the General Assembly.

8. To protect the reputation of the Association, not to use the name of the Association in transactions unless authorized by the Chairman of the Central Executive Board.

Article 10. Termination of Membership Status

The membership status of the Association shall cease to be valid if any of the following situations occur:

1. The enterprise voluntarily ceases operations, is suspended, dissolved, or declared bankrupt.

2. By decision of the Central Executive Board with at least two-thirds agreement among its members when a member violates any of the following:

a) Engaging in activities contrary to Vietnamese law.

b) Engaging in activities contrary to the purpose of the Association, damaging the reputation of the Association.

c) Failing to fulfill membership obligations, failing to comply with or seriously violating the provisions or resolutions of the Association.

3. All members (regular, associate, honorary) who lose their civil rights shall automatically be removed from the list of members.

Chapter IV

ORGANIZATION AND MANAGEMENT

Article 11. Principles of Organization of the Association

1. The Vietnam Association of Veterinary Medicine Production and Business Operations shall be organized and operate on the principles of voluntariness, self-management, financial self-sufficiency, and equality among members.

3. The Central Executive Board of the Association operates based on democratic discussion, collective leadership, individual responsibility, and minority compliance with majority decisions.

Article 12. Structure and Organization of the Association

The Vietnam Association of Veterinary Medicine Production and Business Operations is organized according to the following model:

a) General Assembly of Members;

b) Central Executive Board of the Association;

c) Central Standing Board of the Association;

d) Inspection Board of the Association;

e) Office of the Association;

f) Specialized Boards and representative offices;

g) Basic Branches;

h) Service organizations under the Association.

Article 13. Term Conventions (General Assembly of Members), Annual Conventions, and Extraordinary Conventions

1. The General Assembly of Members is the highest leading body of the Association, convened every three (03) years by the Executive Board, with the tasks of:

a) Approving the report on the Association's activities during the previous term and the program for the upcoming term;

b) Approving the financial report of the Association;

c) Deciding on membership fees and annual dues for members;

d) Deciding on amendments or supplements to the Charter of the Association;

e) Discussing and deciding on important issues of the Association that exceed the authority of the Executive Board;

f) Electing the Executive Board and the Inspection Board of the Association.

2. Annual conventions are held once a year to review and evaluate the Association's activities for the year.

3. Extraordinary conventions are convened upon the decision of the Executive Board.

Article 14. Voting Principles at Conventions

1. When convening a Convention, the Executive Board must announce the agenda of the Convention and send invitations to members at least twenty days before the scheduled meeting date.

2. Resolutions of the convention are taken by a majority present at the convention.

3. For particularly important matters such as the following, at least two-thirds of the members present must agree, and this number must exceed half of the total members of the Association:

a) Amending or supplementing the Charter;

b) Dismissal or replacement of members of the Executive Board;

c) Dissolution and liquidation of assets.

Article 15. Voluntary Dissolution of the Association

In addition to cases where the competent state agency decides to dissolve the Association, the Association can only voluntarily dissolve if more than half of the delegates attending the Convention vote to approve it. This resolution must also be approved by the competent authority after settling debts and liquidating the Association's assets.

Article 16. Executive Board of the Association

1. The Executive Board of the Association (hereinafter referred to as the Executive Board) is the administrative body responsible for all activities of the Association between two conventions. The Executive Board consists of the Chairperson, Vice-Chairpersons, and Members.

2. The number of members of the Executive Board is determined by the Convention. The Executive Board is directly elected by secret ballot or show of hands at the General Assembly of Members. The Executive Board consists of twenty-three (23) members. The candidate must obtain more than fifty percent of valid votes.

3. In addition to the members elected by the Convention, the Executive Board also includes Members who are representatives of state management agencies related to the veterinary medicine production and business operations sector, invited to participate and have the duties and powers of other Members.

4. During its operation, if due to various reasons, the number of Executive Board Members does not meet the Convention's regulations, the Executive Board will elect additional Members (among the official members of the Association) but not exceeding the number of Members specified by the Convention.

5. Executive Board Members may be re-elected at the General Assembly of Members or relieved of their duties before the term ends according to the Convention's decision or a request from more than half of the members.

6. If an Executive Board Member, who is a representative of a legal entity, retires or transfers to another position, they will be replaced by someone else from the same legal entity and remain an Executive Board Member.

7. The term of the Executive Board is three (03) years.

8. Depending on requirements, the Executive Board may establish specialized boards to assist in work.

Article 17. Duties of the Executive Board

1. Implementing the resolutions of the Convention and proposing measures to implement the Convention's resolutions.

2. Resolutions on the work program and budget estimates, final accounts of income and expenditure of the Association each year;

3. Deciding on the organizational structure and machinery of the Association; Electing and dismissing leadership positions of the Association: Chairperson, Vice-Chairpersons, Secretary-General.

4. Preparing the content and convening regular and extraordinary conventions of the Association.

5. Considering admission, expulsion, rewards, and disciplinary actions for members.

Article 18. Principles of Operation of the Executive Board

1. The Executive Board convenes regular meetings six (06) times a year during years without a Congress, or may convene extraordinary meetings at the request of the Chairman or at least two-thirds (2/3) of the total number of Executive Board members when necessary, operating according to regulations approved by the Congress.

2. Decisions of the Executive Board are made by majority vote of the present members. In case of equal votes, the decision belongs to the side with the opinion of the Association's Chairman.

Article 19. Central Standing Board of the Association:

1. The Central Standing Board (hereinafter referred to as the Standing Board) is elected by the Executive Board and consists of: Chairman, Vice Chairmen, General Secretary, and some members designated by the Executive Board.

2. The Standing Board represents the Executive Board to direct and manage the activities of the Association between sessions and must report on their work at each session of the Executive Board.

3. The Standing Board examines and proposes to the Executive Board to decide on supplementing new members to the Executive Board but not exceeding twenty percent (20%) of the current number of Executive Board members at the time of supplementation.

4. The Standing Board has the authority to issue decisions to supplement Executive Board members, but not exceeding ten percent (10%) of the total number of Executive Board members at the time of supplementation.

5. In cases where it is truly necessary due to the demands of the Association's work, the Standing Board decides on the leadership positions of the Association's specialized boards.

6. The Standing Board fulfills the obligations and relationships of the Association in internal and external affairs, with international organizations that the Association participates in, in relevant fields as prescribed by law.

7. Examines and recommends awards for outstanding achievements of subordinate organizations or members of the Association, but must report to the Executive Board at the nearest session.

8. The Standing Board may invite some economic, legal, management, and scientific experts to advise and consult for the Association as prescribed by law. These members can be invited to attend the Congress, participate in Executive Board sessions, and other meetings of the Association decided by the Standing Board.

9. The Standing Board operates according to regulations approved by the Executive Board.

Article 20. Honorary Chairman, Chairman, and Vice Chairmen

1. The Honorary Chairman is a person honored by the Congress, who has the right to participate in the Congress and Executive Board meetings but does not vote.

2. The Chairman of the Association has powers and responsibilities:

a) To represent the Association before the law;

b) To organize the implementation of Congress resolutions, resolutions of the representative conference, and decisions of the Executive Board;

c) To chair Executive Board meetings;

d) To directly direct the General Secretary of the Association;

e) To approve personnel of the Association's office and other organizations established by the Association;

f) To be responsible to the Executive Board and all members regarding the activities of the Association;

g) The Chairman of the Association is the Account Holder of the Association, responsible for all financial work and regularly reports financial matters publicly to the Congress and the Executive Board.

3. The Vice Chairmen of the Association assist the Chairman, assigned specific tasks by the Chairman, and may be authorized to manage the work of the Executive Board in the absence of the Chairman. The number of Vice Chairmen of the Association is determined by the Executive Board based on the proposal of the Association's Chairman.

Article 21. Secretary General and Deputy Secretary General of the Association

1. Secretary General:

- Is the person selected by the Executive Board of the Association.

- The Secretary General directly manages all activities of the Association's Office and has the following responsibilities:

a) Drafting the Operating Regulations of the Office, Financial Management Regulations, and Property Management Regulations of the Association for approval by the Executive Board;

b) Regularly reporting to the Executive Board on the activities of the Association;

c) Preparing annual reports and term reports of the Executive Board;

d) Managing lists, files, and documents related to members and affiliated organizations;

e) Being responsible before the Executive Board and the law for the activities of the Association's Office.

2. Deputy Secretary General:

Assists the Secretary General in managing office work and performs the duties of the Secretary General when the Secretary General is absent.

Article 22. Association Office

1. The Association Office is organized and operates according to the Regulations drafted by the Secretary General for approval by the Executive Board.

2. The Association may establish representative offices in provinces, cities, and abroad as prescribed by law to facilitate the implementation of the Association's tasks.

3. Staff of the Association Office are recruited and work under fixed-term contracts.

4. The operating budget of the Office is prepared by the Secretary General for approval by the Executive Board.

Article 23. Supervisory Board

1. The Supervisory Board consists of three (03) members elected from among the members of the Association at the General Assembly. The Supervisory Board elects a Chairman to manage its operations.

2. The term of the Supervisory Board of the Association is three (03) years.

3. The Supervisory Board is responsible for inspecting the implementation of resolutions of the General Assembly and the enforcement of the Charter of the Association. The Chairman of the Supervisory Board attends meetings of the Executive Board and is a member of the Executive Board.

4. The Supervisory Board is responsible for reporting to the Executive Board and the General Assembly on the activities of the Supervisory Board and the financial situation of the Association during the term.

5. When deemed necessary, the Supervisory Board may inform the situation and request the Executive Board to resolve issues discovered in accordance with its assigned tasks.

Article 24. Procedures for Establishing Specialized Committees and Affiliated Organizations

Based on work requirements, the Central Executive Board of the Association requests the President of the Association to issue a Decision establishing specialized committees or affiliated organizations in accordance with the law.

Article 25. Subchapter and Duties of the Subchapter

1. Branches:

a) The establishment of the Production and Business Branch for veterinary drugs must be approved by the Executive Board and the competent authority as prescribed by law. The Branch operates according to the Regulations approved by the Executive Board.

b) Any organization with five (05) members or more can establish a Branch. The highest leadership body of the Branch is the General Assembly of the Branch, which elects it. The establishment of Branches is organized by region.

2. Responsibilities of the Branch:

a) Coordinating production and business activities, production, services, etc., to implement the Charter of the Association and the regulations of the Association and the Branch;

b) Promoting new membership development and expanding the reputation of the Association;

c) Organizing study sessions, tours, training programs;

d) Organizing marketing efforts to promote the service activities of the Branch.

Chapter V

ASSETS AND FINANCIAL RESOURCES OF THE ASSOCIATION

Article 26. The Association's budget includes the following sources of income:

1. Membership fees and annual dues of members.

2. Income from the Association’s service activities and those of its affiliated organizations.

3. Grants from domestic and foreign organizations and individuals in accordance with the provisions of the law.

4. State subsidies (if any).

5. Other income as prescribed by law.

Article 27. Use of the Association's funds

1. The Association uses its funds for the following purposes:

a) Covering expenses for the Association's operations;

b) Paying allowances to full-time staff of the Association;

c) Other necessary expenses.

2. The Association's finances are used according to the regulations approved by the Executive Board upon submission by the Association's Office.

Article 28. Management and Use of Finances and Assets

1. The Executive Board stipulates the management and use of the Association's finances and assets in compliance with the provisions of the law.

2. The Inspection Board is responsible for inspecting and reporting the financial statements and public assets annually before the Association's Annual General Meeting.

Chapter VI

REWARD AND DISCIPLINE

Article 29. Awards and Disciplinary Measures

1. Organizations and individuals who are members of the Association and have outstanding achievements will be awarded annually by the Executive Board or recommended for state awards in accordance with the provisions of the law.

2. Organizations and individuals who are members of the Association and violate the Association's charter will be subject to disciplinary measures decided by the Executive Board. Disciplinary actions include: reprimand, warning, and expulsion from the Association. In cases where organizations and individuals violate the law and infringe upon the Association's interests, the Executive Board will request legal authorities to intervene.

Chapter VII

IMPLEMENTING PROVISIONS

Article 30. Effective Date

1. This Charter consists of seven (07) chapters and thirty (30) articles and is the Charter of the Vietnam Association of Veterinary Drug Production and Business. Only the General Assembly of the Association has the right to amend and supplement this Charter.

2. The Executive Board of the Vietnam Association of Veterinary Drug Production and Business guides the implementation of this Charter./.