Decision No. 1475/QD-BNV Approves the Charter (amended and supplemented) of the Vietnam Gardening Association

Pursuant to …;
Approving the Charter (amended and supplemented) of the Vietnam Gardening Association

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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. 48/2008/ND-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;;

Pursuant to Decree No. 88/2003/ND-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 Gardening Association and the Director of the Department for Non-Governmental Organizations;

Pursuant to …;

Article 1. Approves the Charter (amended and supplemented) of the Vietnam Gardening Association which was adopted at the Fifth National Congress (term 2009-2014) of the Vietnam Gardening Association on March 26, 2009 in Hanoi.

Article 2. This Decision takes effect from the date of signature.

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

 

CHARTER

Vietnam Gardening Association

(amended and supplemented)

(Approved together with Decision No. 1475/QD-BNV dated October 26, 2009 of the Minister of Home Affairs; Decision No. 1667/QD-BNV dated December 3, 2009 of the Minister of Home Affairs)

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Chapter I

NAME, AIMS, AND OBJECTIVES

Article 1. Name of the Association

1. Vietnamese name: Vietnam Gardening Association.

2. Shortened Vietnamese name for transactions: VACVINA

3. International name for transactions: Vietnam Gardening Association.

Article 2. Aims and Objectives

The Vietnam Gardening Association (hereinafter referred to as the Association) is a voluntary, self-governing, technical social-professional organization that unites people to develop the VAC (garden, pond, livestock pen) economy voluntarily, cooperatively, and collaboratively to ensure nutrition for families, increase income, eradicate poverty, improve living standards, become prosperous through commodity production, contribute to building a sustainable agricultural foundation, improve and protect natural resources, and construct new rural areas following industrialization and modernization.

Article 3. Principles, Scope of Operation, and Legal Status

1. The Vietnam Gardening Association is organized and operates on the principles of voluntariness and self-management; democracy and equality; transparency and openness; financial autonomy; compliance with the laws of the Socialist Republic of Vietnam and the Charter of the Association approved by competent state authorities.

2. The Vietnam Gardening Association operates nationwide, subject to state management by the Ministry of Agriculture and Rural Development regarding the industry and field of its activities. The Association is a member of the Vietnam Fatherland Front and the Vietnam Association for Science and Technology.

3. The Vietnam Gardening Association has legal personality, its own seal, and a separate account at the bank. The main office of the Association is located in Hanoi. Depending on work requirements, the Vietnam Gardening Association may establish representative offices in provinces and centrally-administered cities according to the provisions of the law.

Chapter II

TASKS AND POWERS OF THE ASSOCIATION

Article 4. Tasks of the Association

1. Propaganda and education on the viewpoints, policies of the Party, and laws of the State concerning the development of the VAC economy, family economy, farm economy, environmental protection, and sustainable development. Mobilize the movement to develop the economy according to the VAC model. Make recommendations and provide opinions to the Party and the State on policies and measures to encourage the development of the VAC economy.

2. Build and develop the Association increasingly stronger. Encourage the enthusiasm, creative labor capacity of members, unite and cooperate to help each other develop the VAC economy based on exchanging experiences, disseminating, and applying scientific and technological achievements to increase productivity, quality, and economic efficiency of crops and livestock. Create conditions for members to help each other with capital, labor, and technical facilities, build and develop the gardening profession firmly, meeting the increasing demands of the market.

3. Propaganda, training, participating in vocational training, disseminating experience, transferring technology for VAC economic activities. Providing services related to science and technology, seeds, seedlings, materials, tools, processing, and marketing products. Publishing training materials, disseminating techniques, and managing VAC economics.

4. Disseminate, propagate, and train members and farmers to produce clean agricultural products, ensuring food safety according to VietGAP standards (global good agricultural practices).

5. Expand cooperation relationships with organizations and individuals both domestically and internationally related to exchange of experiences, visits, surveys, learning, and introducing advanced technology into VAC economic activities in accordance with the law.

6. Participate in advisory and critical activities on economic and technical issues within the scope of the Association's activities in accordance with the law.

7. Participate with state agencies, sectors, and levels in issuing regulatory legal documents to develop agriculture and create favorable conditions for the Association's activities.

Article 5. Powers of the Association

1. Representing members in internal and external relations related to the objectives, functions, and tasks of the Association. Protecting the legitimate rights and interests of the Association and its members.

2. Organizing and coordinating activities among association organizations and members for the common benefit of the Association, mediating disputes within the Association.

3. Being entitled to raise funds based on membership fees from members and income from business and service activities in accordance with the law to cover operational expenses. Receiving lawful financial support from domestic and foreign organizations and individuals in accordance with the law.

4. The Vietnam Gardening Association may join international and regional associations in the same field of activity in accordance with the law.

5. Being entitled to establish affiliated organizations with legal personality in accordance with the law.

Chapter III

MEMBERS

Article 6. Members

1. Regular members include organizations and Vietnamese citizens directly engaged in VAC economic activities or related to VAC economics who meet the following conditions and are recognized as members of the Association by the Central Executive Board of the Vietnam Gardening Association:

a. Agreeing with the Charter of the Association and voluntarily applying to join the Association;

b. Enthusiastic, cooperative, supportive, and capable of engaging in VAC economic activities or showing interest and assisting in the development of VAC economic activities.

c. Paying membership fees, participating in activities at a grassroots organization of the Association.

2. Honorary members include individual Vietnamese citizens who enthusiastically support the Association's activities both spiritually and materially and have made significant contributions to the development of VAC economics, invited by the Association to become honorary members.

Honorary members enjoy the same rights as regular members, except for the right to nominate and vote for leadership positions in the Association and the right to vote on Association matters.

Article 7. Duties of members

1. Actively working, producing, and serving, applying advanced techniques to enhance the effectiveness of gardening professions, contributing to the continuous development of gardening and VAC economics.

2. Continuously exchanging professional knowledge, improving understanding of science and technology, and management of VAC economics.

3. Promoting, mobilizing, and disseminating experiences, helping other members and gardeners, serving as a backbone in the development of VAC economics.

4. Strictly implementing all Party policies, State laws on family economy, farm economy, environmental protection, and sustainable development.

5. Actively building the Association, complying with the Charter of the Association and its resolutions, participating in promoting membership, expanding the influence and reputation of the Association, mobilizing public support for Association activities.

6. Paying membership fees.

Article 8. Benefits of members

1. Regularly receiving information dissemination, vocational training in science and technology, enhancing knowledge and skills through various forms:

a. Being provided or introduced to materials on production, management, technology, and other materials related to VAC ecosystems and VAC economics by the Association.

b. Participating in club activities, attending seminars, training courses, and domestic and international study tours organized by the Association.

2. Being supported and mentored by the Association in research projects, protecting author rights for research works, inventions, and legal rights and interests in production and product consumption according to Party policy and State law.

3. Being introduced by the Association to Association bases, production and business establishments, localities, and foreign organizations for production contracts, seedling supply, product processing and sales, technical expertise, etc. Depending on the Association's economic conditions, members can borrow funds from the Association's fund and receive assistance when facing difficulties in production and living. The Association introduces and assists in obtaining credit loans to develop VAC economics.

4. Discussing, voting, questioning, and criticizing all Association activities. Nominating and being nominated for leadership positions in the Association.

5. Having the right to resign from the Association if they find the Association's activities unsuitable.

ORGANIZATION OF THE ASSOCIATION

Chapter IV

ORGANIZATION OF ASSOCIATIONS

Article 9. Organizational Structure of the Association

1. At the Central level: The Vietnam Gardening Association.

2. At provincial levels (hereinafter referred to as provincial level): The Provincial Gardening Association.

3. At district levels (hereinafter referred to as district level): The District Gardening Association.

4. At commune levels (hereinafter referred to as commune level): The Commune Gardening Association.

5. At grassroots level: Branches under the Association.

The Provincial, District, and Commune Gardening Associations shall be established by the Chairman of the People's Committee of the province according to the provisions of the law, have legal personality, seals, and separate accounts, if they agree with the Charter of the Vietnam Gardening Association and voluntarily submit an application for membership, then they will be considered and decided upon by the Central Executive Board of the Vietnam Gardening Association to become member associations.

Article 10. National Congress of the Vietnam Gardening Association

1. The National Congress (hereinafter referred to as the Congress) is the highest leading body of the Vietnam Gardening Association during its five-year term, convened by the Executive Board of the Association. The number of delegates attending the Congress is determined by the Central Executive Board of the Association. The number of delegates from provincial associations attending the National Congress is stipulated by the Central Executive Board of the Association but must be at least equal to the number of members of the provincial association serving as members of the Central Executive Board of the Association.

2. An extraordinary Congress may be convened when at least two-thirds of the total number of Executive Board members or at least half of the total number of regular members propose it.

3. The National Congress has the following tasks:

a. Summarizing and evaluating the activities of the Association during the previous term and deciding on the direction, goals, tasks, and measures for implementation in the new term;

b. Approving amendments and supplements to the Charter (if any);

c. Electing the Central Executive Board and the Central Inspection Board;

d. Deciding important issues regarding the purpose, objectives, tasks, and powers of the Association;

đ. Discussing and approving the Resolution of the Congress.

Article 11. Central Executive Board of the Association

1. The Central Executive Board is the leading body of the Association between Congresses, elected by the National Congress. The number of Executive Board members is decided by the Congress.

2. The Central Executive Board convenes regularly once a year and can convene extraordinary meetings when requested by more than half of the Executive Board members.

3. The Central Executive Board has the following tasks:

a. Leading the implementation of the Congress Resolution and the Charter of the Association;

b. Building and directing the implementation of regulations and programs of the Association's activities;

c. Deciding on the organization of term congresses and extraordinary congresses;

d. Electing the Standing Board and the President, Vice Presidents;

đ. Supplementing or dismissing members of the Executive Board;

e. Specifying forms, procedures, formalities, criteria for rewarding or disciplining organizations and individual members.

4. The number of Executive Board members supplemented during the term shall not exceed one-third of the total number of Executive Board members elected by the Congress.

Article 12. Central Standing Board

1. The Standing Board is elected by the Central Executive Board of the Association, consisting of the President, Vice Presidents, and some members. The number of Standing Board members is decided by the Executive Board but shall not exceed one-third of the total number of Executive Board members.

2. The Standing Board represents the Executive Board in managing the Association's activities between Executive Board meetings and must report on their work in each Executive Board meeting.

3. The Standing Board appoints a permanent working group including the President and some Standing Board members specializing in Association work to manage daily operations under the guidance of the Standing Board.

4. The Standing Board has the following tasks:

a. Leading the implementation of decisions of the Central Executive Board of the Association between Executive Board meetings;

b. Deciding on the appointment and dismissal of leaders of specialized departments, organizations under the Association, and the Secretary-General of the Association;

c. Establishing plans and reports on the Association's activities according to the regulations of the Central Executive Board of the Association.

d. Monitoring the activities of organizations directly under the Central Association.

5. The Standing Board convenes regularly every six months. When necessary, upon the proposal of the President, the Standing Board may convene an extraordinary meeting.

Article 13. The Central Inspection Board of the Association

1. The Central Inspection Board of the Association shall be elected by the National Congress of Delegates and shall consist of: the Chairman, Vice-Chairman, and some members. The Chairman of the Inspection Board must be a member of the Executive Board of the Association.

2. The Central Inspection Board of the Association shall have the following tasks:

a. Inspect the implementation of Resolutions of the Congress, Resolutions of the Executive Board, and those of its own level;

b. Inspect compliance with the Charter, Decisions, and operational regulations of the Association;

c. Inspect the management and use of assets and finances of the Association and affiliated organizations. Examine and propose to the Executive Board and the Standing Board for resolution of complaints and reports related to the Association, members, and affiliated organizations according to the law and the Charter of the Association.

Article 14. President and Vice-Presidents of the Association

1. The President of the Association is the head of the Association, elected from among the permanent members of the Central Executive Board of the Association through raising hands or secret ballot. The President of the Association represents the Association before the law and is responsible for all activities of the Association.

2. The President of the Association shall have the following tasks:

a. Chair meetings of the Central Executive Board and the Standing Board of the Association, and oversee the implementation of Resolutions of the Central Executive Board and the Standing Board of the Association.

b. Sign decisions to establish specialized boards and appoint or dismiss leaders of units and specialized boards of the Association;

c. Issue regulations on management and operation of the Association. Sign resolutions after they have been approved by the Congress, the Executive Board, or the Standing Board.

3. Vice-Presidents shall be assigned by the President to lead specific areas of work and shall be accountable to the President and the Executive Board of the Association.

Article 15. Central Office of the Association, Specialized Boards, and Affiliated Organizations with Legal Personality

1. The Association's Office and specialized boards assist the Standing Board of the Association and are directly under the direction of the President or a Vice-President designated by the President.

2. The Association's Office and specialized boards shall be established upon proposal by the Standing Board and decision by the President; personnel for the Association's Office and specialized boards shall be proposed by the Standing Board and appointed by the President.

3. Depending on circumstances and work requirements, the Central Standing Board may establish or dissolve centers, companies engaged in production, business, and technical services (hereinafter referred to collectively as organizations). The establishment, dissolution, or appointment of leadership positions of the aforementioned affiliated organizations must comply with legal provisions.

4. The Standing Board of the Association shall specify the organizational structure, tasks, powers, and operational regulations of the Association's Office and specialized boards.

Article 16. Basic Branches of the Association

The basic organizational unit of the Association is the branch, which can be established in villages, wards, hamlets, towns, streets, offices, factories, schools, pagodas, churches, temples, parishes...

Where there are five members or more, a branch can be established. The branch shall elect a branch chairman, vice-chairman, and if necessary, additional members and secretary.

In places where many members produce specialized products, specialized branches can be established to facilitate industry development.

Branches shall convene regularly once a month.

Chapter V

ASSOCIATE ORGANIZATIONS

Article 17. Members of the Vietnam Gardening Association

Production units, businesses, and service providers related to gardening and VAC economic development, if willing and submit an application for membership, shall be considered and recognized as members of the Association by the Central Standing Committee of the Association.

Article 18. Obligations and Benefits of Member Organizations

1. Units recognized as members of the Association must operate in accordance with state laws, the Charter of the Association, and the general guidance direction of the Association; develop their activities towards serving the movement of VAC economic development well, and have the obligation to contribute to the Association's activity fund.

2. They are provided necessary information about the Association's activities; participate in meetings related to their unit's activities; cooperate and collaborate with other Association units in production, business, services, product processing and consumption; they may be assigned to organize the implementation of socio-economic projects of the Association or become partners in relations with domestic and foreign organizations.

Article 19. Procedures for Leaving the Association

When member units of the Association fail to fulfill their obligations as stipulated in Article 18 and it is deemed unnecessary, the Standing Committee will decide to cease recognizing them as member units of the Association.

Member units of the Association may request to cease being member units of the Association.

Chapter VI

ASSOCIATION FUND, ASSETS, AND FINANCES

Article 20. Membership Fees

Paying membership fees is the obligation of members. Member associations and grassroots branches have the responsibility to collect membership fees and remit them to the Vietnam Gardening Association at a certain ratio. The level of membership fees and the percentage to be remitted to the Vietnam Gardening Association are determined by each Association's Executive Board according to appropriate periods.

Article 21. Assets of the Association

The assets of the Association include movable property (money, bonds, stocks...) and immovable property (buildings, land, working equipment, warehouses, machine workshops, orchards...) directly managed by the Central Association; assets of companies, business and service organizations, experimental centers, training centers... established and funded by the Central Association in accordance with the law; assets contributed by the Central Association or member associations to joint ventures and cooperative organizations. All these assets are managed and used in accordance with the law.

Article 22. Finances of the Association

1. Sources of income of the Association are managed and used according to the regulations of the Vietnam Gardening Association's Executive Board and comply with legal provisions, including:

a. Membership fees from members;

b. Income from the Association's production, business, and economic, scientific, and technical service activities in accordance with the law.

c. Money and materials provided as support for implementing humanitarian and development projects funded by the state and domestic and foreign organizations in accordance with the law.

d. Voluntary contributions and support from members and member organizations of the Association;

đ. State budget support provided by the Prime Minister for the Association's activities linked to state tasks;

e. Money and other assets supported, assisted, or lent by the state, sectors, mass organizations, localities, organizations, and individuals both domestically and internationally.

2. Revenue from the Association's business and service activities and legitimate funding from organizations and individuals to the Association shall not be distributed to members.

Chapter VII

REWARDS AND DISCIPLINE

Article 23. Awards

Organizations of the Association, cadres, and members who achieve significant results in the development of the economy and the construction of the Association will be rewarded by the Association or recommended for rewards by competent state agencies and People's Committees at all levels.

Article 24. Disciplinary Measures

Any organizations of the Association, officials, or members who act contrary to the Charter, resolutions of the Association, damage the reputation and honor of the Association, fail to participate in regular activities multiple times without valid reasons, or fail to pay membership fees shall be criticized, warned, or removed from the list of members depending on the degree of fault.

Organizations of the Association, officials, or members who cause damage to the property or finances of the Association shall be required to compensate for losses and bear all forms of disciplinary measures of the Association (warning, removal from the list of members of the Association, dismissal, or may be prosecuted under the law) depending on the degree of violation.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 25. Amending and Supplementing the Charter

1. Only the National Congress of the Vietnam Horticulture Association has the right to amend and supplement the Association's Charter.

2. Amendments and supplements to the Association's Charter must be approved by at least two-thirds (2/3) of the total number of official delegates present at the Congress and be approved by the competent state agency to take effect.

Article 26. Effective Date

1. The amended and supplemented Charter of the Vietnam Horticulture Association consists of eight Chapters and twenty-six Articles, which were adopted at the Fifth National Congress of the Vietnam Horticulture Association on March 26, 2009, in Hanoi, and officially took effect upon approval by the Minister of Home Affairs.

2. Based on the laws governing associations and the Charter, the Central Executive Committee of the Vietnam Horticulture Association is responsible for guiding and organizing the implementation of this Charter./.