Decision No. 124/2005/QĐ-BNV Approving the Charter (Amended) of the Vietnam Musicians' Association

DECISION OF THE MINISTER OF HOME AFFAIRS

Approving the Charter (Amended) of the Vietnam Musicians' 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 Musicians' Association and the Director of the Department of Non-Governmental Organizations,

 DECISION:

 Article 1. Approves the Charter (Amended) of the Vietnam Musicians' Association which was adopted on August 24, 2005 at the Seventh National Congress of the Vietnam Musicians' Association.

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

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

 

 

CHARTER (AMENDED)

 

Vietnam Musicians' Association

(Issued pursuant to Decision No. 124/2005/QĐ-BNV dated November 21, 2005

of the Minister of Home Affairs)

PART I

NAME, AIMS, OBJECTIVES, SCOPE AND

ORGANIZATIONAL PRINCIPLES

Article 1. Name

1. In Vietnamese: Vietnam Musicians' Association

2. In English: The Vietnam Composers' Association

Abbreviation: VCA

Article 2. Aims and purposes of the Association

1. The Vietnam Musicians' Association (hereinafter referred to as the Association) is a political-social-professional organization of individuals engaged in music activities in the fields of composition, theory, performance, and music education.

2. The Association operates under the leadership of the Communist Party of Vietnam following its cultural and artistic policies; it is subject to state management and complies with the provisions of the law and the Charter of the Association.

3. The Association gathers, unites, and encourages all musical talents, contributing to building and defending the Socialist Republic of Vietnam, promoting the goal of a wealthy people, a strong country, a fair, democratic, and civilized society; preserving and developing advanced Vietnamese music with distinct national characteristics.

Article 3. Scope of Activities of the Association

The Association operates nationwide and engages in musical exchanges with domestic and international music organizations in accordance with Vietnamese law and international practice.

Article 4. Organizational and Operational Principles of the Association

The Association organizes and operates according to the approved Charter, based on the principles of voluntariness and majority decision-making.

Article 5. Relationships of the Association

1. The Association is a member of the Vietnam Federation of Literature and Art Associations.

2. The Association has relationships with central specialized literature and art associations, local literature and art associations, and social organizations.

3. The Association cooperates amicably with international music organizations and musicians in accordance with Vietnamese law and international practice.

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

1. The headquarters of the Association is located in Hanoi.

2. The Association has legal status, a seal (wet seal, reduced wet seal, raised seal), and a separate account.

Chapter II

TASKS AND POWERS OF THE ASSOCIATION

Article 7. Tasks of the Association

1. To gather and unite members, build, and develop a strong Association;

2. To organize creative, research, theoretical, critical, educational, and performance activities for members nationwide;

3. To create conditions for members to explore and innovate, delve into real life, and traditional Vietnamese music;

4. To organize training and enhance political ideology, ethics, and professional skills for members;

5. To participate in providing opinions to state management agencies regarding the development of Vietnamese music through policy mechanisms;

6. To participate with state management agencies in rewarding or dealing with members who violate professional standards or laws;

7. To advise and review issues within the field of music for Party and State agencies;

8. To protect legitimate rights and interests of members in politics, society, and profession;

9. To strengthen and expand friendly cooperation with international music organizations and musicians to promote and introduce Vietnamese music abroad; to exchange information, works, performances, research, theories, and professional experiences.

Article 8. Powers of the Association

1. Establishing and managing subordinate agencies of the Association, branch associations; managing members nationwide;

2. Advising the Party and State on policies for developing Vietnam's music industry, mechanisms and policies, guidance and management of activities within the music sector;

3. Organizing domestic music activities and services, and cooperating with foreign entities in accordance with the law to generate funds for the Association's operations;

4. Engaging with international music organizations in line with the Party and State’s foreign policy;

5. Recommending to the State for awards and honors to be conferred upon members with outstanding works, and subordinate organizations of the Association with remarkable achievements;

6. Protecting the legitimate rights of musicians in their professional fields: copyright, performance, theory, criticism, teaching...;

7. Selecting excellent musical works to participate in festivals or international music competitions.

Chapter III

MEMBERS

Article 9. Conditions for Joining the Vietnam Musicians' Association

Composers, theorists, performers, and educators who are Vietnamese citizens and have made worthy contributions to music, agree with the objectives and purposes of the Association, voluntarily apply to join the Association, and comply with the Bylaws of the Association may become members of the Vietnam Musicians' Association.

Criteria:

1. Having correct political and ideological viewpoints, clear background;

2. Holding a bachelor's degree in music (or equivalent). In certain special cases where the bachelor's degree requirement has not been met, the criteria under Clause 3 below may be considered.

3. Possessing valuable works or projects, having artistic achievements that make substantial contributions to the development of Vietnam's music industry.

Article 10. Procedures for Joining the Association

Applications for joining the Association and admission of members must follow the procedures below:

1. Application Documents:

- An application letter to join the Association endorsed by two members;

- A brief resume;

- A report on musical achievements certified by the local Literature and Arts Association or the Branch Association of Musicians of Vietnam.

2. The Standing Board of the Association reviews the application and submits it to the Central Executive Committee for decision by secret ballot.

3. The person admitted must receive at least two-thirds of the total votes in favor.

Article 11. Obligations of Members

1. Continuously improving political and ideological levels and professional expertise;

2. Actively engaging in professional activities, serving the cause of building and defending the Socialist Republic of Vietnam;

3. Adhering to resolutions and regulations of the Association, fulfilling assigned tasks well;

4. Paying membership fees fully;

5. Not misusing the status of member to affect the Association's reputation;

Article 12. Rights of Members

1. Receiving information, participating in discussions, and voting on Association matters;

2. Being issued a membership card of the Vietnam Musicians' Association;

3. Electing, nominating, or running for election as representatives to attend national congresses, and entering leadership bodies of the Association;

4. Participating in professional activities organized by the Association;

5. Enjoying spiritual and material benefits and professional support provided by the Association;

6. Having the right to provide opinions, criticize, and question the Central Executive Committee of the Association and its subordinate agencies;

7. Introducing people to join the Association and having the right to resign from the Association.

Article 13. Procedure for Withdrawal from the Association

Members who wish to withdraw from the Association must voluntarily submit an application to the Central Executive Board of the Association for consideration and decision.

Chapter IV

Article 8. Principles of Organization

Article 14. Organization of the Association

1. Organizations under the Central Executive Board of the Association:

- Standing Committee

- Art Council

- Inspection Board

2. Departments directly under the Association:

- Association Office

- Magazine "Music and Era"

- Vietnam Music Copyright Protection Center

- Vietnam Music Arts Development Center

- And other functional units established according to the provisions of the law and the Charter of the Association.

3. Basic organizations of the Association: branch associations established by the Association at local levels, specialized music branch associations established by the Association.

Article 15. National Congress of the Association

1. The National Congress of the Vietnam Musicians' Association is the highest leading body of the Association. The term of the National Congress is five years. In case of necessity, if two-thirds of the members of the Central Executive Board request or upon the request of the competent state management agency, an extraordinary congress may be convened.

The national congress is conducted in two steps:

Step 1: basic congresses organized at the basic organizations of the Association

Step 2: national representative congress

2. The congress has the following tasks:

- Approving the report on the organization and activities of the Association during the previous term and the direction of activities for the upcoming term;

- Approving the review of the activities and management of the Central Executive Board of the Association;

- Discussing and approving the revised Charter of the Association;

- Approving the report of the Inspection Board;

- Approving the reports on the activities of the departments directly under the Association;

- Approving the financial report of the Association during the term;

- Electing a new Central Executive Board through secret ballot;

- Approving the resolutions of the congress.

Article 16. Procedure for Election and Dismissal of Delegates to the National Congress of the Association

1. Official delegates:

- Delegates elected from the basic congresses according to branch associations. Each member can only participate in one basic congress where the member is active and has the right to be nominated and run for election;

- Natural delegates are the incumbent members of the Central Executive Board of the Association.

2. Appointed delegates invited by the congress organizing board, with a number not exceeding 5% of the total number of official delegates. Appointed delegates have the same rights as official delegates.

3. The number of delegates attending the congress is calculated based on the ratio of members of the branch associations and will be determined by the congress organizing board.

4. Recognition and dismissal of delegates attending the congress are reviewed and proposed by the Delegate Qualification Inspection Board for the congress to decide by voting.

5. In case of vacancies among the official delegates of a branch association, the congress organizing board appoints substitute delegates for that branch association. If the substitute delegates have an equal number of votes, the member with higher membership age is called.

6. Official delegates have the right to express opinions, nominate, run for election, and vote at the congress.

Article 17. Central Executive Board of the Association

The Central Executive Board of the Association is the leading and managing body of the Association between two congresses, directly elected by the congress through secret ballot with a majority of valid votes.

Tasks and powers of the Central Executive Board of the Association:

1. Leading all activities of the Association during the period between two congresses;

2. Deciding policies on internal and external work of the Association; approving the annual work program;

3. Leading and directing the training of professional skills and organizing annual creative camps;

4. Preparing the content and convening the national congress;

5. Electing the President of the Association, Vice Presidents, Chairman of the Art Council, Head of the Inspection Board;

6. In case of necessity, the Central Executive Board of the Association has the right to elect additional members of the Executive Board after seeking the opinion of the competent authorities;

7. Deciding on the income and expenditure of the Association's annual budget;

8. Considering the admission and expulsion of members;

9. Considering rewards and punishments for members and affiliated organizations; proposing rewards to the competent authorities for members and affiliated organizations;

10. The Central Executive Board of the Association meets twice a year; it may meet irregularly when necessary.

Article 18. Executive Board of the Association

The Executive Board of the Association includes: the President, Vice Presidents, the Chairman of the Art Council, and the Head of the Inspection Department proposed by the President, decided by the Central Committee of the Association. The number of members of the Executive Board of the Association is decided by the Central Committee of the Association. Any supplementation or removal of members of the Executive Board of the Association must be approved by more than half of the members of the Central Committee of the Association through secret ballot.

The Executive Board of the Association has the following responsibilities and authorities:

1. Implementing the resolutions of the Central Committee;

2. Directly guiding and managing the affiliated agencies of the Association;

3. Establishing or dissolving specialized agencies and organizations, deciding on personnel and reporting to the Central Committee of the Association at the nearest session;

4. Being responsible to the Central Committee of the Association for all matters of the Association between two sessions of the Central Committee;

5. Summoning regular and extraordinary meetings of the Central Committee of the Association, reporting on the implementation of the resolutions of the Central Committee and approving new work programs.

Article 19. President of the Association

The President of the Association is the head of the Association's agency and represents the Association before the law. The election or dismissal of the President of the Association is decided by the Central Committee through secret ballot and must have a majority of valid votes.

The President of the Association has the following duties and authorities:

1. Directing the activities of the Association according to the resolutions and work plans of the Central Committee of the Association and the Executive Board of the Association;

2. Chairing meetings of the Central Committee of the Association and the Executive Board of the Association;

3. When the President of the Association is absent, appointing one Vice President of the Association to manage the Association's work;

4. Being the account holder of the Association.

Article 20. Vice Presidents of the Association

1. The Vice Presidents of the Association are assigned specific tasks by the President of the Association and are responsible to the President of the Association for their decisions; they handle other tasks when authorized by the President of the Association.

2. The Vice Presidents of the Association are elected and removed by the Central Committee of the Association according to the principle of a majority vote through secret ballot.

Article 21. Art Council

1. The Art Council of the Vietnam Musicians' Association has the responsibility to assist the Central Committee of the Association in appraising the artistic value of vocal and instrumental works of all genres, research projects, theoretical and critical studies, curricula, and artistic programs of authors who are members of the Vietnam Musicians' Association. It proposes the establishment of specialized judging panels to select annual awards of the Vietnam Musicians' Association; summarizes and evaluates musical activities nationwide, and proposes measures and methods to improve artistic quality in line with the cultural and artistic policies of the Party and State.

The Chairman of the Art Council is a member of the Executive Board of the Association.

2. Members of the Art Council are proposed by the President and must be agreed upon by more than half of the members of the Central Committee of the Association through voting. The number of members of the Art Council is decided by the Central Committee of the Association.

3. The removal or supplementation of members of the Art Council is proposed by the Central Committee of the Association or the Art Council and must be agreed upon by more than half of the members of the Central Committee of the Association through voting.

Article 22. The Inspection Board of the Association

1. The Inspection Board shall be proposed by the Central Executive Committee of the Association and elected by secret ballot. The number of members of the Inspection Board shall be decided by the Central Executive Committee of the Association.

2. The Inspection Board of the Association shall have the duty to inspect and supervise the implementation of resolutions and the Charter of the Association by organizational units and members of the Association; examine and propose solutions for complaints and violations by members and staff within the Association's offices for decision by the Central Executive Committee of the Association. In special cases, the Inspection Board may request state legal authorities to intervene upon approval by the Central Executive Committee of the Association.

3. The Chairman of the Inspection Board shall be a member of the Standing Committee of the Association.

4. The supplementation or removal of members of the Inspection Board shall be proposed by the Central Executive Committee of the Association or the Inspection Board itself, and must be agreed upon by more than half of the members of the Central Executive Committee of the Association through a secret ballot.

5. The term of office of the Inspection Board shall coincide with that of the Central Executive Committee of the Association.

Article 23. Music and Era Magazine

1. The Vietnam Musicians' Association shall be the principal managing body of the Music and Era Magazine.

2. The Music and Era Magazine shall be the press organ of the Association headed by the Editor-in-Chief; it shall have its own seal and separate account.

3. The Editor-in-Chief shall directly direct and manage the Music and Era Magazine in accordance with the Press Law, ensuring the purpose and mission of the publication in line with the Party’s cultural and artistic policies, and shall be responsible before the President of the Association and the law for all activities of the Music and Era Magazine.

4. The process for appointing and removing the Editor-in-Chief shall be as follows: the Standing Committee of the Association proposes candidates, the Central Executive Committee of the Association approves, and the President of the Association signs the decision after consulting with the state authority on press management.

5. The Music and Era Magazine shall operate independently economically, generating profit to contribute to the financial resources of the Association.

Article 24. The Center for Protecting Music Copyrights in Vietnam

1. The Vietnam Musicians' Association shall be the principal managing body of the Center for Protecting Music Copyrights in Vietnam. The Center shall operate in accordance with the law and the Rules on Organization and Operation of the Center approved by the President of the Association.

2. Purpose of operation: To protect music copyrights, exploit and safeguard musical works based on copyright agency agreements; assist state management agencies in formulating and implementing copyright policies.

3. The Center shall have legal personality, its own account, and its own seal.

4. The Director shall be responsible for organizing and directing the Center in accordance with the Association's Charter, the Rules on Organization and Operation of the Center, and the law; he/she shall be the account holder of the Center. The Director of the Center shall be appointed by the Standing Committee of the Association, and the appointment of other leadership positions within the Center shall be carried out according to the Rules on Organization and Operation of the Center.

5. All financial income and expenditure shall be publicly reported annually to the Central Executive Committee of the Association, and the Center shall have the obligation to contribute to the financial resources of the Association.

Article 25. The Center for Developing Musical Arts in Vietnam

1. The Vietnam Musicians' Association shall be the principal managing body of the Center for Developing Musical Arts in Vietnam, which shall operate in accordance with the law and the Rules on Organization and Operation of the Center approved by the President of the Association.

2. Purpose of operation:

- To preserve and promote traditional music of ethnic groups in Vietnam;

- To introduce and publicize contemporary Vietnamese symphonic chamber music works;

- To conduct scientific research in the fields of ethnic and contemporary Vietnamese music;

- To organize training and education for music specialists.

3. The organization of the Center includes: the Management Board, appointed by the Standing Committee of the Vietnam Musicians' Association. The establishment of specialized departments and the appointment of other leadership positions within the Center shall be carried out according to the Rules on Organization and Operation of the Center.

4. The Center shall have legal personality, its own account, and its own seal.

5. The Director of the Center shall be the account holder and shall be responsible for organizing and directing the Center in accordance with the Association's Charter and the Rules on Organization and Operation of the Center, and shall comply with the provisions of the law.

Article 26. Local Branches

1. In provinces and centrally governed cities with five or more members of the Vietnam Musicians' Association, local branches of the Vietnam Musicians' Association may be established. In large cities with a significant number of members of the Vietnam Musicians' Association, local branches may be established according to units of work or occupational specialties. The establishment of local branches must comply with the provisions of the law and the Charter of the Association.

2. Local branches operate under the direct leadership of the Party committees and local authorities at all levels, and under the professional guidance of the Central Executive Board of the Association.

3. Local branches are responsible for urging members to strictly adhere to the Charter of the Association, serving as a bridge between the Vietnam Musicians' Association and local music associations or music branches of the local Literature and Arts Associations.

4. The local branch congress is responsible for implementing the tasks of the Association, summarizing the activities of the branch, electing representatives to attend the National Congress of the Vietnam Musicians' Association. Electing the Branch President. The term of the local branch congress is two and a half years.

Chapter V

ASSETS AND FINANCES OF THE ASSOCIATION

Article 27. Sources of Assets and Finances of the Association

1. The assets and finances of the Association include:

- Operating funds supported by the State, and assets entrusted by the State to the Association for management;

- Membership fees and contributions from members;

- Sponsorship (or contributions) from organizations and individuals both within and outside the country;

- Other sources of income.

2. Principles of Expenditure:

All expenditure items are decided by the Chairman of the Association based on the resolutions of the Central Executive Board of the Association and in accordance with current financial accounting regulations of the State.

3. Methods of Financial and Asset Management:

- The Association manages its finances and assets in accordance with the provisions of the law.

- Upon dissolution of the Association, all assets and finances of the Association shall be handled in accordance with the provisions of the law.

Chapter VI

REWARD AND DISCIPLINE

Article 28. Awards and Disciplinary Measures

1. Members who achieve outstanding results, have works, research projects, and valuable contributions to music shall be awarded by the Association or proposed for awards by the State and higher-level agencies.

2. Members deprived of their civil rights shall automatically be removed from the membership list.

3. Members who violate the Charter of the Association and the Resolutions of the Association, affecting the reputation and honor of the Association, shall be subject to disciplinary measures depending on the circumstances, including criticism, warning, and expulsion from the Association. The form of disciplinary action by the Association is examined by the Standing Committee of the Association and submitted to the Central Executive Board of the Association for decision. A member disciplined has the right to appeal to the Central Executive Board of the Association.

4. The decision to discipline a member must be approved by at least two-thirds of the Central Executive Board members of the Association.

Chapter VII

IMPLEMENTING PROVISIONS

Article 29. Procedures for Amending and Supplementing the Charter of the Association

Only the National Congress of the Vietnam Musicians' Association has the authority to decide on amending and supplementing the Charter of the Association.

Article 30. Effective Date

1. This Charter consists of seven chapters and thirty articles, which were adopted by the Seventh National Congress of the Vietnam Musicians' Association on August 24, 2005.

2. The Charter of the Vietnam Musicians' Association takes effect upon approval by the Minister of Home Affairs.

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