Decision No. 143/2005/QĐ-BNV Approving the Charter of the Vietnam Association for Science and Technology in Mining

DECISION OF THE MINISTER OF HOME AFFAIRS

Approving the Charter of the Vietnam Association for Science and Technology in Mining

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 102/SL-L004 dated May 20, 1957, regarding the right to establish associations;

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

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

Considering the proposal of the Chairman of the Vietnam Association for Science and Technology in Mining and the Director of the Department of Non-Governmental Organizations;

DECISION:

Article 1. Approving the Charter of the Vietnam Association for Science and Technology in Mining which was adopted at the Sixth National Congress of the Association on August 12, 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 Association for Science and Technology in Mining and the Director of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision.

 

CHARTER

 

VIETNAM ASSOCIATION FOR SCIENCE AND TECHNOLOGY IN MINING

Issued pursuant to Decision No. 143/2005/QĐ-BNV dated December 28, 2005

of the Minister of Home Affairs

PART I

NAME, AIMS, AND SCOPE OF ACTIVITY

Article 1. Name

The name of the Association is: Vietnam Association for Science and Technology in Mining

Abbreviated name: Vietnam Mining Association.

Article 2. Aims and Objectives

The Vietnam Association for Science and Technology in Mining (hereinafter referred to as the Association) is a voluntary organization of Vietnamese citizens engaged in mining science and technology work, a voluntary member of the Vietnam Union of Science and Technology Associations. The Association is a social-professional organization operating according to its Charter and national laws.

The purpose of the Association is to gather individuals working in mining science and technology in Vietnam from all economic sectors, aiming to unite and support each other in promoting talent and intelligence, enhancing professional expertise and occupational ethics, researching and applying science and technology in production, business, and daily life, building a developed mining science and technology foundation to serve the industrialization and modernization of the mining industry, contributing to the construction of a prosperous Vietnam.

Article 3. Scope of Activities

The Vietnam Mining Association operates throughout the country with its headquarters in Hanoi, the capital of the Socialist Republic of Vietnam, and representative offices in some provinces and cities as prescribed by law. The Association has independent legal personality, a seal, and its own assets.

Chapter II

TASKS AND POWERS

Article 4. Tasks

1. Mobilizing members to study and implement policies and guidelines on science and technology work of the Party and State, especially during the period of renewal, industrialization, and modernization of the country.

2. Organizing advisory, critical review, social appraisal activities, and participating in independent supervision of important projects and works when requested, contributing to building a scientific basis for the formulation of policies, programs, and plans of the Party and State on the development of the mining industry; on the development of science and technology, education and training, environmental protection in the Vietnamese mining industry.

3. Popularizing knowledge about mining science and technology among members and the public, particularly among young people when requested, so that they love the mining profession; contributing to nurturing talents and technical staff for the mining industry; participating in organizing and guiding mass movements advancing into mining science and technology.

4. Creating favorable conditions and encouraging creativity among members in scientific and technological activities, helping members improve their professional expertise, access new scientific and technological advancements to make positive contributions to the development of the Vietnamese mining industry, contributing to the construction and defense of the country.

Article 5. Powers and Duties

1. Expanding and closely cooperating with other associations and related scientific and technical fields to serve the development of mining science and technology.

2. Establishing relations and cooperation with domestic and international scientific and technical associations and scientists in accordance with the law to exchange information and experience in various fields of mining science and technology and assist production and business establishments in establishing cooperative relationships with foreign entities.

3. Proposing opinions to administrative organizations regarding awards, patents, and commendations for achievements in mining science and technology when requested.

4. Organizing scientific and technological activities through various forms such as research, design, construction, technology transfer, mineral processing, and environmental protection, joint ventures, and collaborations with organizations and individuals, etc., to introduce new technologies into the mining industry.

5. Organizing scientific services in accordance with the law on research, design, training, experimentation, pilot production, technology transfer, etc., both domestically and internationally as prescribed by law, to generate funds for the Association's activities.

6. Closely coordinating with the Vietnam Union of Science and Technology Associations and other specialized science and technology associations to propose issues related to the mining industry in accordance with the law.

Chapter III

MEMBERS

Article 6. Members and Membership Standards

1. Vietnamese citizens engaged in the mining industry or related to it, consistent with the aims and purposes of the Association, who have the conditions to participate regularly in the Association's activities, respect the Charter, and voluntarily apply to join the Association may be considered for membership in the Vietnam Association for Science and Technology in Mining.

2. Vietnamese citizens inside and outside the country with knowledge of mining, enthusiasm for contributing to the development of the national mining industry but not meeting the conditions to become regular members, may be recognized as associate members. Associate members enjoy rights and obligations like other members of the Association except for the right to stand for election or vote in the Central Executive Board and leadership positions, and do not participate in voting on Association matters.

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

Article 7. Duties and benefits of members

1. Members have the following duties:

a) Respect the Charter of the Association, strictly implement the policies and resolutions of the Association, and participate in activities at a grassroots branch.

b) Participate in the activities of the Association and actively contribute to the work of the Association.

c) Promote the influence and reputation of the Association, mobilize the masses to support the activities of the Association.

d) Pay membership fees fully.

2. Members have the right:

a) Participate in meetings, discussions, and voting on matters of the Association according to the principle of democratic centralism; have the right to nominate and be elected to leadership bodies at all levels of the Association.

b) Receive assistance and training from the Association in science and technology; be provided with conditions to carry out research projects or innovative initiatives; be protected by the Association in their legitimate rights concerning politics, material benefits, and treatment as scientific and technological personnel; enjoy other benefits as stipulated by the Association.

c) Be assisted by the Association to establish relations with scientific and technological organizations in mining countries for information exchange to serve scientific and technological work and training, or to attend international scientific conferences on mining as prescribed by law.

d) Have the right to resign from the Association or join other associations.

Chapter IV

ORGANIZATION AND PRINCIPLES OF ASSOCIATION ACTIVITY

Article 8. Organizational Principles

The Association is organized and operates voluntarily, self-managed, financially autonomous, and legally responsible; united, democratic, collective leadership, individual responsibility, decisions made by majority rule. Leadership bodies at all levels of the Association are elected; these levels decide issues within their scope of responsibility and authority but must not contravene the Charter of the Association, resolutions of the Congress, and state laws.

Article 9. Organization of the Association

1. National Congress of Delegates.

2. Central Committee of the Association.

3. Association Office.

4. Inspection Board.

5. Specialized Branches.

6. Branches by geographical area and working units.

7. Scientific and technological activity agencies under the Association.

8. Mining Industry Magazine.

Article 10. National Congress

The highest leading body of the Association is the National Congress of Delegates with a term of five years. The Central Executive Board may convene the Congress earlier if more than two-thirds of the Central Executive Board members or more than half of the grassroots organizations request it. The composition and number of delegates (if it is a delegate congress) are elected by grassroots organizations according to the ratio of members specified by the Central Executive Board. The number of invited delegates shall not exceed 10% of the number of convened delegates.

The Congress has the following tasks:

1. Discuss and approve the report on the term of work of the Association. Decide on the goals, directions, tasks, and plans for the new term of work of the Association.

2. Decide on the number of Central Executive Board members and elect the new Central Executive Board.

3. Approve the financial settlement of the Association.

4. Discuss and approve resolutions on amending the Charter of the Association (if necessary).

Article 11. Voting Principles of the Congress

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

2. Resolutions of the Congress must be approved by more than 50% of the present official delegates.

Article 12. Central Committee of the Association

The Central Executive Board is the leading body of the Association between Congress sessions; the Executive Board meets regularly once a year; in case of necessity, extraordinary meetings can be held upon the call of the Chairman when more than half of the Central Executive Board members request it.

The Central Executive Board has the following responsibilities and powers:

1. Implement the resolutions of the Congress.

2. Lead the work of the Association during the period between Congress sessions.

3. Elect the Standing Committee of the Association consisting of the Chairman, several Vice Chairmen, General Secretary, and permanent members. The number of permanent members is decided by the Central Executive Board.

4. When necessary, the Central Executive Board has the right to elect additional Central Executive Board members, but the number shall not exceed one-third of those elected by the Congress.

5. When a Central Executive Board member representing a grassroots unit leaves the unit and ceases to perform specialized or semi-specialized tasks of the Association, they have the right to propose another officer to replace them at the next meeting. The number of such additional members is outside the aforementioned one-third limit.

6. Elect the Central Inspection Board. The Head of the Inspection Board is a member of the Central Standing Committee.

Article 13. Standing Board

The Standing Committee is the permanent body of the Central Executive Board, responsible for implementing the resolutions of the Congress, the Central Executive Board, and the Standing Committee. The Standing Committee meets every three months; in case of necessity or at the proposal of the Chairman, the Standing Committee may hold extraordinary meetings.

The tasks of the Standing Board include:

1. Represent the Central Executive Board in directing and managing the activities of the Association according to the resolutions of the Congress, the resolutions of the Central Executive Board, and must report on the situation of activities between meetings of the Central Executive Board.

2. Decide on the establishment, appointment, dismissal, commendation, and disciplinary action of officers in specialized departments and subordinate organizations according to the law; decide on the admission and expulsion of members according to the Charter of the Association and the law.

3. Depending on the requirements of work, the Standing Committee may establish other assisting boards.

Article 14. Supervisory Board

The Supervisory Board operates independently in its professional activities and is directly guided by the Central Executive Board of the Association. The tasks and powers of the Supervisory Board are defined as follows:

1. Inspect compliance with the Charter of the Association, implementation of resolutions of the Congress, resolutions and decisions of the Central Executive Board, and the Standing Committee of the Association.

2. Examine and resolve complaints and petitions related to members and organizational bodies of the Association according to the law.

3. Have the right to require members and organizations, units of the Association to report on issues related to the content of inspection approved by the Central Standing Committee according to the law.

4. The Supervisory Board has its own program of activities or operates upon the proposal of the President of the Association and the decision of the Central Executive Board of the Association.

Article 15. President of the Association

The President of the Association is elected by the Central Executive Board of the Association; the President has the following responsibilities:

1. Chair meetings of the Executive Board, Standing Committee, and annual meetings of the Association.

2. Manage activities and decide matters of the Association according to the resolutions of the Congress, the Executive Board, and the Standing Committee.

3. Represent the Association in internal and external relations.

4. Be accountable to the Executive Board, Standing Committee, and members for the activities of the Association.

5. Be the first account holder of the Association.

6. Chair the meeting of the next term Executive Board until a new President is elected.

Article 16. Vice Presidents

1. The Vice Presidents are elected by the Central Executive Board of the Association, including one Vice President who serves as the permanent Vice President. The Vice Presidents are assigned by the President to lead certain aspects of the Association's work within the scope of their assignments and as stipulated in the Operational Regulations of the Central Executive Board of the Association;

2. When the President of the Association is absent, the permanent Vice President performs the duties of the President.

Article 17. Secretary General

The Secretary General is elected by the Central Executive Board of the Association, with the following responsibilities:

1. The Standing Body resolves the Association's affairs according to the division of labor by the Association President and assists the President in implementing daily activities of the Central Office of the Association; directly directs the Office and other specialized agencies of the Association (if any);

2. Perform the function of internal and external communication for the Association.

3. Organize secretarial work and compile documents for congresses, Executive Board meetings, Executive Board meetings, and annual meetings of the Association.

4. The Secretary General is the second account holder of the Association, responsible for managing the Association's assets as assigned by the President.

5. The Secretary General has an office and some staff proposed by the Secretary General, reviewed and decided by the President of the Association.

6. The Secretary General may concurrently hold the position of Director of the Office.

Article 18. Branch Associations

1. Branch Associations for Science and Technology in Mining are grassroots organizations of the Association with five members or more and under the Central Association. Branch Associations are established at production bases, scientific research institutions, companies...

2. The highest leadership body of the Branch Association is the General Assembly of Members with a term of two and a half years (2.5 years). In special cases, the Branch Executive Board may convene an extraordinary General Assembly when two-thirds of the Executive Board members or more than half of the members request it.

3. In addition to the general tasks set out in Article 4, Branch Associations also have the task of providing advisory opinions when requested and directly proposing participation with management agencies to promote the development of production and business at the grassroots level.

4. The tasks of the Branch Association General Assembly include:

a) Approving the report of the Branch Executive Board.

b) Approving the financial settlement of income and expenditure during the term of office.

c) Deciding on the tasks, directions, and plans of work of the Branch Association.

d) Deciding on the number and electing the Branch Executive Board.

e) Electing representatives to attend higher-level General Assemblies.

Article 19. Branch Executive Board

The Branch Executive Board has the functions and responsibilities:

1. Implementing the Resolutions of the Branch Association General Assembly and directives and resolutions from higher levels, leading all aspects of Branch Association work between two General Assembly terms.

2. Organizing conferences, seminars, and specialized scientific reports related to the mining industry or related fields.

3. Collecting opinions, aspirations, understanding production and science and technology situations to provide suggestions for the development of the mining industry to higher levels.

4. Coordinating with various agencies and organizations to implement Association activities.

5. Managing the activities of members, admitting new members, proposing and deciding on rewards for outstanding members.

6. Reporting to higher levels about the activities of the Branch Association and its members every six months (except in exceptional cases requiring immediate reporting).

7. Paying membership fees and other required payments to the Central Association as prescribed.

8. The Branch Executive Board appoints a Standing Board consisting of: Branch President, one or several Branch Vice Presidents, and Branch Secretary.

Article 20. Sub-Branches

The Association may establish Sub-Branches in specialized fields with ten members or more. The functions and responsibilities of each specialized Sub-Branch are defined by the Central Executive Board of the Association.

Chapter V

ASSETS AND FINANCE OF THE ASSOCIATION

Article 21. Sources of Income of the Association

1. Membership fees contributed by individuals and groups of Branch Associations.

2. Income from the Association's and Branch Associations' scientific and technological activities.

3. Money and assets donated by individuals and organizations both domestically and internationally in accordance with the law.

4. Income from other lawful activities.

Article 22. Management of Assets and Finances

1. The assets and finances of the Association shall be managed and utilized in accordance with the regulations of the Central Executive Committee of the Association and must comply with the current management systems of the State.

2. When a level of the Association declares dissolution, its assets and finances must be submitted to the Executive Board of the directly superior level of the Association.

3. In case the Association is dissolved, its assets and finances must be inventoried and disposed of in accordance with the provisions of the law.

Chapter VI

REWARDS AND DISCIPLINE

Article 23. Awards

Cadres, members, and organizations of the Association that have outstanding achievements will be commended by the Association; they may also be recommended for commendation by the State and local authorities at all levels. The forms of commendation are prescribed by the Central Standing Committee of the Association.

Article 24. Disciplinary Measures

1. Cadres, members, and organizations of the Association who seriously violate the Charter of the Association shall be subject to disciplinary measures. The forms of disciplinary measures are prescribed by the Central Standing Committee of the Association.

2. In cases where national laws are violated, administrative penalties or criminal responsibility shall be pursued according to the provisions of the law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 25. Effectiveness of the Charter

1. This Charter consists of 7 Chapters and 25 Articles, which were unanimously adopted by the Sixth National Congress of the Vietnam Association for Science and Technology of Mines on August 12, 2005.

Only the National Congress of the Association has the right to amend or supplement the Charter.

2. This Charter shall take effect upon approval by the Minister of Home Affairs./.