Decision No. 127/2000/QĐ-TTg Approving the Charter of the Vietnam Union of Cooperative Associations

DECISION OF THE PRIME MINISTER

Regarding the approval of the Charter of the Vietnam Union of Cooperatives

 

 

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Article 49 of the Law on Cooperatives which was adopted at the ninth session of the ninth National Assembly of the Socialist Republic of Vietnam on March 20, 1996;

Considering the proposal of the Vietnam Union of Cooperatives at Report No. 36/HĐTW dated January 28, 2000 regarding the approval of the Charter of the Vietnam Union of Cooperatives (amended),

 

DECISION:

Article 1. Approves the Charter of the Council of the Vietnam Union of Cooperatives adopted at the second National Congress of the Council of the Vietnam Union of Cooperatives on January 20, 2000 (the full text of the Charter of the Vietnam Union of Cooperatives is attached to this Decision).

Article 2. This Charter replaces the Charter of the Council of the Vietnam Union of Cooperatives adopted at the first National Congress of the Vietnam Union of Cooperatives on October 30, 1993.

Article 3. Directs the Chairman of the Executive Board of the Council of the Vietnam Union of Cooperatives to sign the Decision promulgating this Charter.

Article 4. This Decision takes effect from the date of signing.

The Chairman of the Executive Board of the Council of the Vietnam Union of Cooperatives, Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees under central cities shall be responsible for implementing this Decision.

CHARTER

VIETNAM UNION OF COOPERATIVES

((Amended)

Has been approved by the Prime Minister pursuant to Decision No. 127/2000/QĐ-TTg

dated November 17, 2000 of the Prime Minister

Under the leadership of the Communist Party of Vietnam, over more than half a century of existence and development, the cooperative movement in Vietnam has made significant contributions to the national liberation cause, the construction and defense of the socialist Fatherland.

The Vietnam Union of Cooperatives (hereinafter referred to as the Union) is a non-governmental organization that assists the Party and the State in developing various forms of cooperative economies and cooperatives, making them increasingly strong, contributing to gradually establishing the state economy as the foundation of the national economy.

The Vietnam Union of Cooperatives was established according to Article 49 of the Law on Cooperatives, with the functions of representing and protecting the legitimate rights and interests of cooperatives and cooperative unions; promoting and mobilizing the development of cooperatives; providing advisory services and support to cooperatives and cooperative unions; participating in the formulation of policies and laws on cooperatives; representing cooperatives and cooperative unions in relations with members both within and outside the country in accordance with the law. Mobilizing and guiding individual economic households, small business owners, and family households to develop cooperative economies and cooperatives based on the principles of voluntariness, equality, mutual benefit, and democratic management, contributing to the promotion of economic and social development, realizing the goal of a wealthy people, a strong country, a fair and civilized society.

PART I

GENERAL PROVISIONS

Article 1. The Vietnam Union of Cooperatives is a non-governmental organization with legal personality, organized at the central level and in provinces directly under the central government (hereinafter collectively referred to as provinces), operating under the leadership of the Communist Party of Vietnam, in accordance with Vietnamese law and this Charter.

Article 2.The Vietnam Union of Cooperatives is a formal member of the International Cooperative Alliance (ICA) and the World Association of Small and Medium Enterprises (WASME).

The Vietnam Union of Cooperatives has its own emblem.

The headquarters of the Vietnam Union of Cooperatives is located in Hanoi, the capital city of the Socialist Republic of Vietnam.

Chapter II

FUNCTIONS AND RESPONSIBILITIES

Article 3. Based on Article 49 of the Law on Cooperatives, the Vietnam Union of Cooperatives has the following functions, tasks, and authorities:

1. Functions:

a) Representing and protecting the legitimate rights and interests of members;

b) Promoting and mobilizing the development of cooperative economies and cooperatives;

c) Providing advisory services and support to members;

d) Participating in policy and law building related to cooperatives;

d) Representing members in internal and external relations in accordance with the law.

2. Tasks and Authorities:

a) Participating in the formulation of strategies, plans, programs for the development of cooperative economies and cooperatives;

b) Collecting opinions and wishes of members to reflect, propose, and recommend to the Government and competent state agencies on issues related to policy and law; coordinating in the formulation of legal documents;

c) Protecting the legitimate rights and interests of members;

d) Promoting and mobilizing individual economic households, small business owners, family households, and small and medium-sized production units to develop cooperative economies and cooperatives. Summarizing and disseminating the experiences of exemplary cooperatives, organizing competitive activities within the system of the Union;

e) Organizing advisory, support, and service activities for members in areas such as law, investment in science and technology, information, finance, credit, market, and other fields;

f) Organizing training and capacity building for leaders in the Union system; managers, members, and workers in cooperatives and other members;

g) Participating in international organizations and non-governmental organizations, developing cooperation relations with organizations in other countries; receiving and implementing support programs, grants to develop the cooperative economic sector and cooperatives;

h) Implementing other tasks assigned by the Government and local authorities.

Chapter III

MEMBERS

Article 4. The Vietnam Union of Cooperatives has regular members and associated members:

1. Regular members are cooperatives and cooperative unions.

2. Associated members are cooperative groups, economic and social units, industry associations, scientific research institutions, training organizations, and other economic organizations both domestically and internationally.

Members join the Union voluntarily and agree to the Charter of the Vietnam Union of Cooperatives.

Article 5. Rights of members:

1. Receiving support, advice, and services to facilitate the development of production and business; being assisted when encountering risks.

2. To be provided with information on economics, laws, science and technology, and related fields.

3. To be assisted in training and developing cadres and workers both domestically and internationally.

4. To be protected under the law when their legitimate rights and interests are violated.

5. To discuss, propose, and make recommendations on policies and laws; to discuss and vote on matters of the Alliance.

6. Regular members can be nominated, run for election, and be elected to leadership bodies of the Union.

7. Being commended by the Union or recommended for commendation by the State for outstanding achievements.

Article 6. Obligations of members:

1. Adhering to the laws of the State, the Charter of the Union, and resolutions of Congresses and Executive Boards of the Vietnam Union of Cooperatives at all levels.

2. To participate in activities of the Alliance.

3. To unite and cooperate with other members to achieve common goals and benefit the community.

4. To implement reporting and information systems regularly as stipulated by the Alliance.

5. To pay membership fees as prescribed.

Article 7. Membership status terminates when:

1. Dissolved.

2. Bankrupt.

3. Requesting to leave the Union.

4. Expelled from the Alliance. Specific cases of expulsion are defined by the Executive Board of the Vietnam Cooperative Alliance.

Article 8. The membership fee amount and payment method are specifically regulated by the Central Executive Board of the Vietnam Union of Cooperatives in accordance with current laws.

Chapter IV

ORGANIZATIONAL SYSTEM

Article 9. The National Congress of Members is the highest leading body of the Vietnam Federation of Trade Unions (VFTU), convened regularly every five years by the Central Executive Board of the VFTU (hereinafter referred to as the Central Executive Board).

An extraordinary congress may be convened when at least two-thirds of the members of the Central Executive Board or more than half of the members propose it.

Article 10. The congress has the following tasks:

1. Approving the report of the Central Executive Board on the results of its activities during the previous term.

2. To decide on the orientation, tasks, and program of activities of the Federation of Cooperatives of Vietnam for the upcoming term.

3. Approving the report and direction on inspection work.

4. Approving, amending, or supplementing the Charter of the Vietnam Federation of Trade Unions.

5. Electing the Central Executive Board of the Vietnam Federation of Trade Unions.

The number of members of the Central Executive Board is determined by the Congress.

Article 11. The Central Executive Board is the leading body of the Vietnam Federation of Trade Unions between two congresses.

The Central Executive Board operates under the principle of democratic centralism, deciding by majority vote.

The Central Executive Board convenes regularly twice a year, convened and chaired by the Standing Committee of the Vietnam Federation of Trade Unions; extraordinary meetings can be held if necessary.

Article 12. The Central Executive Board has the following duties and powers:

1. Organizing and directing the implementation of the Charter and Resolutions of the National Congress.

2. Deciding on the development program and annual financial plan of the Federation.

3. Electing additional members of the Central Executive Board; the number of additional members shall not exceed one-third of the number elected by the Congress. The member is elected by the Congress.

4. Electing the Standing Committee, electing the Chairman, Vice Chairmen from among the Standing Committee members, electing the Inspection Board, and electing the Chairman of the Inspection Board from among the members of the Inspection Board; approving the Working Regulations of the Standing Committee, the Inspection Board. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).elects the Inspection Committee, and elects the Head of the Inspection Committee from among the members of the Committee.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).elects the Inspection Committee. Approves the Rules of Procedure of the Standing Committee,Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).elects the Inspection Committee.

5. Approving reports to be presented to the Congress.

6. Deciding on participation in domestic and international organizations in accordance with the law.

7. Convening the Congress in accordance with the provisions of the Charter.

Article 13. The Chairman and Vice Chairmen of the Vietnam Federation of Trade Unions are recognized by the Prime Minister's decision.

Article 14. The Standing Committee of the Vietnam Federation of Trade Unions is the leading body of the Federation between two sessions of the Central Executive Board; it consists of the Chairman, Vice Chairmen, and some members. The number of members of the Standing Committee is decided by the Central Executive Board.

The Standing Committee convenes regularly once every three months, with the term of the Standing Committee coinciding with the term of the Central Executive Board.

Article 15. The Standing Committee has the following duties and powers:

1. Organizing and directing the implementation of the Resolutions of the Central Executive Board.

2. Guiding the activities of the Provincial Federation of Trade Unions.

3. Recognizing and revoking the membership status of national-level members.

4. Preparing the agenda and content for the Central Executive Board meetings and the National Congress.

5. Managing and using the finances and assets of the Vietnam Federation of Trade Unions in accordance with the Charter, the Resolutions of the Central Executive Board, and current laws.

6. Examining rewards, punishments, and recommending state rewards.

7. Deciding on organizational personnel, functions, responsibilities, and operational mechanisms of various departments and units subordinate to the Federation.

Article 16. The Standing Committee's permanent office includes the Chairman and full-time Vice Chairmen, responsible for representing the Standing Committee in handling daily affairs of the Federation.

Article 17. The Vietnam Federation of Trade Unions has a dedicated staff assisting organization and affiliated public service and production business units. The dedicated staff assisting organization of the Federation is decided by the Standing Committee after consultation with the competent state authority.

Article 18. The Provincial Federation of Trade Unions belongs to the system of organizations of the Vietnam Federation of Trade Unions, operating according to the Charter of the Vietnam Federation of Trade Unions and the Rules approved by the Provincial Federation of Trade Union Congress and ratified by the People's Council of the province, not contrary to the Law on Cooperatives and this Charter. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committee of the province approves it, not contrary to the Law on Cooperatives and this Charter.

Article 19. The General Assembly (or Representative Congress) of members is the leading body of the Provincial Federation of Trade Unions. The Congress is convened regularly every five years by the Executive Board of the Provincial Federation of Trade Unions. An extraordinary Congress may be convened when at least two-thirds of the members of the Executive Board or more than half of the formal members propose it.

Article 20. The congress has the following tasks:

1. Approving the report of the previous term's Executive Board.

2. Deciding on the program of activities and development plan of the Provincial Federation of Trade Unions based on the Resolution of the National Congress and the economic and social development orientation of the province.

3. Electing the Executive Board of the Provincial Federation of Trade Unions. The number of members of the Executive Board is decided by the Congress.

4. Electing representatives to attend the National Congress of the Vietnam Federation of Trade Unions.

5. Approving the Operation Rules of the Provincial Federation of Trade Unions.

Article 21. The Executive Board of the Provincial Federation of Trade Unions is the leading body between two Congresses.

The Executive Board convenes regularly every six months, convened and chaired by the Permanent Standing Committee of the Provincial Federation of Trade Unions; extraordinary meetings can be held if necessary. The Executive Board operates under the principle of democratic centralism, deciding by majority vote.

Article 22. The Executive Board of the Provincial Federation of Trade Unions has the following duties and powers:

1. Organizing and directing the implementation of the Charter of the Vietnam Federation of Trade Unions, the Resolution of the National Congress, the Resolution of the Central Executive Board, the Resolution of the same-level Congress, and the Organization and Operation Rules of the Provincial Federation of Trade Unions.

2. Deciding on the program of activities, development goals, and annual financial plans of the Provincial Federation of Trade Unions.

3. Electing additional members of the Executive Board; the number of additional members shall not exceed one-third of the number elected by the Congress.

4. Electing the Permanent Standing Committee, electing the Chairman, Vice Chairmen from among the Permanent Standing Committee members; electing Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).elects the Inspection Committee, and elects the Head of the Inspection Committee from among the members of the Committee.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).elects the Inspection Committee.

5. Approving reports to be presented to the Congress.

6. To convene the Congress in accordance with the provisions of the Charter.

Article 23. The Chairman and Vice Chairmen of the Provincial Federation of Trade Unions are recognized by the Chairman of the People's Committee of the province after consultation with the Chairman of the Vietnam Federation of Trade Unions. The People's Committee of the province issues a decision to recognize it after reaching an agreement with the Chairman of the Vietnam Union of Cooperatives.

Article 24. The Permanent Standing Committee of the Provincial Federation of Trade Unions consists of the Chairman, Vice Chairmen, and some members. The number of members of the Permanent Standing Committee is decided by the Executive Board of the Provincial Federation of Trade Unions.

The Permanent Standing Committee convenes regularly once every three months, with the term of the Permanent Standing Committee coinciding with the term of the Executive Board.

Article 25. The Permanent Standing Committee of the Provincial Federation of Trade Unions has the following duties and powers:

1. Organizing and directing the implementation of the Resolutions of the superior leading bodies and the Resolutions of the Congress and the same-level Executive Board.

2. Recognizing and revoking the membership status.

3. To prepare the program and content for the Executive Board meetings and the Congress.

4. Managing and using the finances and assets of the Provincial Federation of Trade Unions in accordance with the Charter and the law.

5. Decide on the organizational structure and personnel of the administrative apparatus and subordinate units.

6. Examine rewards, disciplinary actions, and propose rewards and disciplinary actions.

Article 26. The Provincial Federation of Cooperatives has a dedicated administrative apparatus and subordinate public service units and production and business units. The administrative apparatus of the Provincial Federation of Cooperatives is decided by the Standing Board after reaching an agreement with the competent state agency.

Article 27. When the representative of the Federation of Cooperatives or of member organizations who are members of the Federation's Executive Committee at various levels no longer hold their positions within their respective organizations, they shall automatically cease to be members of the Executive Committee; the successor will be elected to fill the vacancy by the same level Executive Committee.

Article 28. The Standing Board of the Vietnam Federation of Cooperatives may establish an Advisory Council to seek the opinions of experts, scientists, experienced and dedicated officials concerning the cooperative economic sector. The regulations governing the organization and operation of the Advisory Council are stipulated by the Standing Board of the Vietnam Federation of Cooperatives.

Depending on specific conditions, the Provincial Federation of Cooperatives may establish an Advisory Council. The regulations governing the organization and operation of the Advisory Council are stipulated by the Standing Board of the Provincial Federation of Cooperatives.

Chapter V

AUDIT COMMITTEE

Article 29. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Audit Committee of the Federation of Cooperatives at various levels is elected by the Executive Committee of the Federation of Cooperatives at the same level, consisting of the Chairperson and several members. The number of members is determined by the same level Executive Committee. The Chairperson of the Audit Committee is a member of the Standing Board of the Executive Committee of the Federation of Cooperatives at the same level.

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Audit Committee operates according to the Regulations issued by the Central Executive Committee of the Vietnam Federation of Cooperatives.

Article 30. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Audit Committee has the following duties and powers:

1. To supervise and inspect the implementation of the Charter and the Resolutions of the Congress and the same-level Executive Board.

2. To supervise and inspect the financial activities of the same-level Cooperative Union.

3. Propose disciplinary measures for groups and individuals to the Executive Committee of the Federation of Cooperatives at the same level.

4. Protect the legitimate rights and interests of members.

5. To report to the Congress and the same-level Executive Board about the results and directions of inspection work.

Chapter VI

FINANCE

Article 31. The finances of the Federation of Cooperatives at various levels consist of the following sources:

1. State budget funds allocated to cover the salaries of state employees assigned and to support the activities of the Federation.

2. Membership fees contributed by members.

3. Income from the economic and service activities of the Cooperative Union.

4. Other income.

Article 32. The Standing Board of the Vietnam Federation of Cooperatives and the Standing Board of the Provincial Federation of Cooperatives are responsible for managing the assets and finances of the Federation in accordance with the law and this Charter. The finances of the Federation are used for activities aimed at serving the development of cooperative economics and cooperatives. Annual financial reports must be publicly reported to the Executive Committee of the Federation of Cooperatives at the same level.

Chapter VII

REWARDS AND DISCIPLINE

Article 33. Member units, cooperative members, and workers; organizations and individuals with outstanding achievements in the movement to develop cooperative economics and cooperatives are rewarded by the Vietnam Federation of Cooperatives or proposed for state rewards.

Article 34. Units and individuals operating within the organizations of the Vietnam Federation of Cooperatives who violate the Charter, Resolutions of Congresses and Executive Committees at various levels, thereby affecting the reputation and causing material losses to the Federation of Cooperatives at various levels, shall be subject to appropriate handling measures.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 35. This Charter was adopted by the Second National Congress of Members on January 20, 2000, replacing the Charter of the Vietnam Federation of Cooperative Councils adopted by the First National Congress on October 30, 1993, and becomes effective from the date it is approved by the Prime Minister.

Only the National Congress of Members of the Vietnam Federation of Cooperatives has the authority to amend and supplement this Charter.

The Central Executive Committee of the Vietnam Federation of Cooperatives is responsible for organizing, guiding the implementation, and working together with relevant state management agencies to handle issues outside the scope regulated by this Charter.