Decision No. 1538/QD-BNV Approving the Charter of the Vietnam Federation of Persons with Disabilities

Pursuant to …;
Approving the Charter of the Vietnam Federation on Disability

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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/NĐ-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. 45/2010/NĐ-CP dated April 21, 2010 of the Government stipulating the organization, operation, and management of associations;

Considering the proposal of the Chairman of the Vietnam Federation on Disability and the Director of the Department of Non-Governmental Organizations;

DECISION:

Article 1. Approves the Charter of the Vietnam Federation on Disability which was adopted at the First National Congress (2011-2015 term) held on March 26, 2011 in Hanoi.

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

Article 3. The Chairman of the Vietnam Federation on Disability, the Director of the Department of Non-Governmental Organizations, and the Head of the Office of the Ministry shall be responsible for implementing this Decision.

 

CHARTER

Vietnam Federation on Disability
(Approved along with Decision No. 1538/QD-BNV dated August 2, 2011

 of the Minister of Home Affairs)

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Chapter 1.

NAME, AIMS AND OBJECTIVES

Article 1. Name

1. Name in Vietnamese: Vietnam Federation on Disability.

2. Name in English: Vietnam Federation on Disability.

3. Abbreviation in English: VFD.

4. The Vietnam Federation on Disability has its own emblem (logo).

Article 2. Aims and Objectives

1. The Vietnam Federation on Disability (hereinafter referred to as the Federation) is a non-profit social organization that brings together legitimate associations and organizations of and for persons with disabilities, and individual volunteers who join the Federation for the purpose of protecting and supporting persons with disabilities in exercising their rights and fulfilling their obligations as prescribed by law.

2. To unite and consolidate the strength of individuals and organizations of and for persons with disabilities; coordinate and harmonize activities with member associations and members of the Federation to enhance capacity and create conditions for the community and persons with disabilities to support each other in daily life, study, and work towards integration.

3. Participate in building and implementing the Party's policies and State laws concerning persons with disabilities, the United Nations Convention on the Rights of Persons with Disabilities, enhancing the status and role of persons with disabilities, representing Vietnamese associations of and for persons with disabilities in international activities.

Article 3. Principles of Organization and Operation

1. Voluntary, self-management, financial autonomy, and responsibility before the law.

2. Unity, honesty, equal cooperation, democracy, consensus, transparency, and openness.

3. Collective leadership, individual responsibility.

4. Alliance, support, and creation of favorable conditions for member associations of the Federation.

Article 4. Scope of Activities, Legal Status, and Headquarters

1. The Vietnam Federation on Disability operates nationwide, subject to state management by the Ministry of Labor, Invalids and Social Affairs and other relevant ministries and sectors related to the scope and field of activities of the Federation.

2. The Federation has legal personality, its own emblem (logo), seal, and bank account as prescribed by law.

3. The Federation's main office is located in Hanoi, and may establish representative offices in other localities as prescribed by law when necessary.

Chapter 2.

FUNCTIONS AND TASKS

Article 5. Functions

1. The Vietnam Federation on Disability is an organization that brings together associations and organizations of and for persons with disabilities, creating strength in all activities to support persons with disabilities to live confidently, equally, and fully integrated into society, striving to become useful citizens for their families and society.

2. Participate in protecting the rights and legitimate interests of members and affiliates; create equal opportunities and favorable conditions for persons with disabilities to study, live, and work; represent members and affiliates in relations with domestic and foreign organizations and individuals regarding activities for persons with disabilities in Vietnam.

3. Coordinate and harmonize the activities of member associations and organizations.

4. Collect opinions and aspirations of persons with disabilities to reflect them to the Party, State, People's Front, and relevant agencies and organizations in the process of building policies and laws and other issues related to persons with disabilities.

5. Participate in monitoring, criticizing, and evaluating the implementation of laws and regulations concerning persons with disabilities and the United Nations Convention on the Rights of Persons with Disabilities as prescribed by law.

6. Organize the sharing of operational experiences among member organizations and affiliates.

7. Participate in international organizations' activities in the field of persons with disabilities as prescribed by law.

Article 6. Duties

1. Serve as the focal point for organizing propaganda and dissemination activities of the Party's guidelines, State policies, and laws, contributing to raising public awareness and that of persons with disabilities about the Party's guidelines, State policies and laws, provisions of international conventions related to persons with disabilities; international activities concerning persons with disabilities and their rights and obligations.

2. Participate in protecting and promoting the equality of persons with disabilities in accessing health services, inclusive education, rehabilitation, employment, cultural, sports, and entertainment activities.

3. Protect the equality of persons with disabilities in intellectual property rights, inventions, patents, scientific and technological improvements, technology, ideas, creativity, copyrights, trademarks, and products of persons with disabilities as prescribed by law.

4. Organize assistance for persons with disabilities or organizations of persons with disabilities as prescribed by law.

5. Mobilize domestic and foreign organizations and individuals to support material and spiritual resources for the activities of the Federation and its members.

6. Organize information exchange, experience sharing, training, and skill enhancement activities for member organizations, affiliates, and persons with disabilities as prescribed by law.

7. Consolidate and expand relationships between members and related social organizations, international relations. Promote and develop affiliates and members nationwide.

8. Receive domestic and foreign sponsorship in accordance with current laws.

9. Establish subordinate organizations under the Federation in accordance with the provisions of the law.

Chapter 3.

MEMBERS AND ASSOCIATE MEMBERS OF THE FEDERATION

Article 7. Members of the Federation

Associations and lawful organizations of persons with disabilities and for persons with disabilities in Vietnam that agree to the Charter of the Federation, voluntarily apply to join the Federation, commit to paying full membership fees, and are recognized by the Federation's Standing Board as organizational members.

Article 8. Associate Members of the Federation

1. Regular members:

a) Members of the Federation's organizational members are regular members of the Federation;

b) Individuals who are Vietnamese citizens with disabilities, regardless of ethnicity, religion, belief, gender, and cause of disability, who have the desire to contribute to building the Federation, voluntarily register to join the Federation, and agree to the Federation's Charter, upon decision by the Federation's Standing Board, can become members of the Federation;

c) Vietnamese citizens with good morals, personal reputation, skills, and experience in activities as experts, scientists, successful entrepreneurs who are passionate about helping persons with disabilities, who wish to contribute to building the Federation, have conditions to participate in activities at specialized agencies of the Federation, agree to the Federation's Charter, voluntarily join the Federation, and commit to paying full membership fees shall be considered and recognized by the Federation's Standing Board.

2. Honorary members

Individuals who are not regular members but have made significant positive contributions to the Federation may be recognized as honorary members by the Federation's Standing Board. Honorary members may participate in Federation activities but are not entitled to vote, elect, or run for leadership positions within the Federation.

Article 9. Procedures and formalities for admitting members and associate members to the Federation

1. Individuals and organizations in Vietnam meeting the conditions stipulated in Articles 7 and 8 of this Charter, submit an application to join the Federation to the Federation's Standing Board for consideration and decision.

2. Federation members wishing to leave the organization must send a letter to the Federation's Standing Board for consideration and decision.

3. The Federation's Standing Board specifies detailed procedures and formalities for admitting members and associate members and leaving the Federation.

Article 10. Rights of members and associate members

1. Nominate and be nominated (for Federation members, nominate and be nominated for their representatives) for leadership bodies of the Federation, discuss and vote on the Federation's Charter, Federation matters, and question issues related to the Federation.

2. Be protected by the Federation when their legitimate rights and interests are violated; receive support and use services provided by the Federation; be provided with information related to the Federation's areas of activity.

3. Propose, question, and make recommendations to the Federation and relevant agencies on issues of concern to Federation members and associate members in accordance with the law.

4. Participate in and benefit from Federation activities.

Article 11. Obligations of Federation members and associate members

1. Fully and strictly implement the Federation's Charter, resolutions of the Congress, as well as resolutions and decisions of the Executive Board and Standing Board of the Federation.

2. Protect the principles and promote the interests of the Federation.

3. Participate in Federation activities and complete tasks assigned by the Federation or volunteer to participate.

4. Cooperate with other members and associate members to achieve the Federation's objectives. Participate in promoting and introducing the Federation's Charter to develop new associate members.

5. Pay membership fees in full as prescribed by the Federation.

6. Maintain the Federation's reputation.

Chapter 4.

ORGANIZATION OF THE FEDERATION

Article 12. Organization of the Federation

1. The organization of the Federation includes:

a) The National Congress of the Federation;

b) The Executive Board of the Federation;

c) The Standing Committee;

d) The Inspection Board;

đ) The Federation Office;

e) Units directly under the Federation established by the Federation in accordance with the provisions of the law.

2. In provinces and centrally governed cities (hereinafter referred to as provinces) and in districts, towns, and provincial-level cities (hereinafter referred to as districts), depending on specific conditions, the People's Committee of the province decides to establish the Federation at the provincial and district levels in accordance with the provisions of the law. Members and affiliates of the Federation at the provincial level are voluntary members of the Federation.

Article 13. National Congress

1. The National Congress is the highest leading body of the Federation, held every five years. In special cases, if at least two-thirds (two-thirds) of the total number of Executive Board members or at least one-half (one-half) of the total number of regular affiliates propose, the Federation may hold an extraordinary congress.

2. The Congress has the following tasks:

a) Discussing and approving reports on the organization, activities, and finances of the Federation and the direction of activities for the next term;

b) Deciding to amend and supplement the Charter of the Federation, change the name of the Federation or its emblem (if any);

c) Deciding on the direction, tasks, program of activities, and organizational issues of the Federation for the new term;

d) Discussing and deciding on important issues in the Federation's activities for the new term;

đ) Negotiating the election of the new term's Executive Board and Inspection Board of the Federation;

e) Approving resolutions of the Congress;

g) Deciding on other matters consistent with the purpose, objectives, Charter of the Association, and legal regulations.

Article 14. Executive Board of the Federation

1. The Executive Board of the Federation is the leadership body of the Federation between two congresses, representing organizations of people with disabilities of different types and organizations for people with disabilities.

2. The number of Executive Board members is decided by the Congress and directly elected. The composition of members must ensure balance among regions (cities, rural areas, mountainous areas) and social components (businesses, cultural-social-scientific-professional organizations).

3. The term of the Executive Board follows the term of the Congress. During the term, the Executive Board of the Federation may be supplemented or replaced but not more than one-third (one-third) of the total number of Executive Board members decided by the Congress.

4. The Executive Board convenes officially once a year. The Federation Chairman may decide to convene an extraordinary meeting upon the proposal of the Standing Committee. Resolutions of regular meetings require at least more than half (one-half) of the Executive Board members to vote in favor.

5. The Executive Board has the following duties and powers:

a) Organizing the implementation of action programs and Congress resolutions;

b) Specifying the organization and operation of specialized boards, Federation offices, and representative offices;

c) Issuing regulations and operational rules for the Executive Board, Standing Committee, and Inspection Board. Issuing rules regarding: Property usage and management systems, financial systems; rewards and punishments; procedures for joining and leaving the Federation, and other Federation rules consistent with the approved Federation Charter and legal regulations.

d) Electing the Chairman, Vice Chairmen, General Secretary, Deputy General Secretaries, and members of the Standing Committee of the Federation;

đ) Reviewing and deciding on the election of supplementary and replacement Executive Board members. The number of supplementary members does not exceed one-third (one-third) of the number of Executive Board members elected by the Congress;

e) Deciding on the organization of term congresses, extraordinary congresses, and annual conferences as stipulated in Article 13 of the Federation Charter;

g) Deciding on joining international organizations, accepting programs, projects, and funding sources in accordance with legal regulations.

Article 15. Standing Committee

1. The Standing Committee is elected by the Executive Board, with the number of permanent members not exceeding one third of the total number of members of the Executive Board, including: Chairman, Vice Chairmen, General Secretary, Deputy General Secretary, and other permanent members.

2. The Standing Committee has the following duties and powers:

a) On behalf of the Executive Board, directly manage the regular activities of the Federation between two sessions of the Executive Board.

b) Guide and supervise the implementation of the Charter of the Federation and resolutions of the Executive Board of the Federation.

c) Decide on joining international organizations for persons with disabilities and for the benefit of persons with disabilities.

d) Examine and decide on rewards and disciplinary actions of the Federation.

e) Decide on the establishment of specialized committees, organizations, advisory centers, training centers, and representative offices under the Federation.

f) The Standing Committee of the Federation convenes regularly every three months; extraordinary meetings may be held if necessary.

3. Appoint a Permanent Secretariat consisting of: Chairman, Vice Chairmen, General Secretary, and Deputy General Secretary to assist the Standing Committee in performing its tasks.

a) Handle daily work according to decisions of the Standing Committee and report to the Standing Committee at regular meetings. Prepare activity programs to submit to the Standing Committee and the Executive Board.

b) Assist the Standing Committee in matters such as deciding on the establishment and dissolution of affiliated organizations, appointing leadership positions and specialized committees of affiliated organizations; deciding on accepting programs, projects, and sources of funding in accordance with the law; recognizing members of the Federation.

Article 16. Chairman and Vice Chairmen of the Federation

1. The Chairman of the Federation is elected by the Executive Board and is responsible to the Executive Board and the Standing Committee, representing the Federation legally and is responsible for all activities of the Federation.

2. Duties and authorities:

a) Plan the objectives, strategies, and organization of the Federation, grasp information on important domestic and international issues to adjust the direction of activities in a timely manner, ensuring sustainable development of the Federation.

b) Chair meetings of the Executive Board and the Standing Committee of the Federation.

3. The Vice Chairmen of the Federation are elected by the Executive Board and assist the Chairman in performing assigned tasks and responsibilities delegated by the Chairman of the Federation.

4. The term of office of the Chairman and Vice Chairmen follows the term of the Executive Board and shall not exceed two terms.

Article 17. General Secretary and Deputy General Secretary of the Federation

1. The General Secretary is elected by the Executive Board, authorized by the Chairman of the Federation to manage daily operations and implement programs and work contents approved by the Executive Board of the Federation.

2. Powers of the General Secretary:

a) Draft annual plans and summaries of monthly, quarterly, and annual activities for the Executive Board.

b) Handle administrative affairs, manage daily operations of affiliated organizations of the Federation; direct and coordinate the activities of the Office and specialized organizations of the Federation according to the directives of the Permanent Secretariat.

c) Prepare agendas and contents for meetings of the Executive Board, the Standing Committee, and the Permanent Secretariat of the Standing Committee.

d) Organize the development and implementation of operational regulations of the Office, financial management regulations, asset management regulations, and other regulations of the Federation to be reviewed and decided upon by the Standing Committee.

3. The Deputy General Secretary assists the General Secretary in performing certain tasks assigned by the General Secretary.

Article 18. The Inspection Board of the Federation

1. The Inspection Board shall be elected by the Congress of the Federation and shall consist of: the Chairperson, Vice-Chairperson, and members. The Chairperson of the Inspection Board must be held by a member of the Federation's Standing Committee. The Inspection Board shall convene once every six months and shall be directly guided by the Federation's Executive Board. The term of office of the Federation's Inspection Board shall be the same as that of the Federation's Executive Board.

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

a) Supervising and inspecting the implementation of the Charter, resolutions of the Congress, and the Executive Board of the Federation;

b) Inspecting financial activities and the use of assets of the Federation in accordance with the law;

c) Considering and resolving complaints and accusations within the Federation;

d) Advising the Federation on participating in the supervision of the implementation of state policies and relevant laws concerning persons with disabilities as prescribed by law;

đ) In cases where an inspection involves a member of the Executive Board, it must be agreed upon by the Federation's Standing Committee;

e) The Inspection Board shall convene regularly once every six months.

Article 19. The Federation's Office and Specialized Boards

1. The Federation's Office shall have a Director, Deputy Director, and staff working under labor contracts managed by the Federation's General Secretary.

2. The Office and specialized boards shall establish operational regulations, functions, and responsibilities, which shall be submitted to the Federation's Standing Committee for review and decision.

3. The Director shall manage the operations of the Office according to the regulations approved by the Federation's Standing Committee.

4. The Federation shall have specialized boards; each specialized board shall have a Head, Deputy Head, and some staff members; these boards shall be established or dissolved by the Federation's Standing Committee. The Heads of specialized boards shall draft their operational regulations, which shall be submitted to the Federation's Standing Committee for approval.

Chapter 5.

FINANCE AND ASSETS OF THE FEDERATION

Article 20. Sources of Financial Revenue

1. Membership fees of members and associates;

2. Support from economic and social organizations, organizations, and individuals both domestically and internationally;

3. Legitimate fundraising activities of the Federation;

4. Funding for implementing programs and projects assigned by the State;

5. Financial support from the State budget as stipulated currently (if applicable);

6. Legal revenue from the Federation's activities;

7. Other legitimate revenues.

These sources of income shall not be distributed among members.

Article 21. Expenditures

1. In accordance with internal financial expenditure regulations of the Federation and current legal provisions;

2. Implementing programs and activities supporting persons with disabilities (including activities supporting organizations of persons with disabilities);

3. Organizing Congresses and meetings of the Federation;

4. Disseminating, guiding, and issuing publications about persons with disabilities by the Federation;

5. International relations;

6. Paying salaries and administrative fees for the Federation's Office;

7. Awards;

8. Conducting propaganda and mobilization work;

9. Purchasing and repairing assets frequently used by the Federation's Office;

10. Expenditure for training and capacity building.

Article 22. Assets of the Federation

The Federation's assets include real estate and other assets purchased using legitimate financial resources of the Federation. All assets shall be inventoried annually and used and maintained effectively.

Article 23. Principles for Management and Use of Assets and Finance

The management and use of assets and finance of the Union shall be carried out in accordance with current laws and shall be subject to inspection by state agencies authorized by law.

Article 24. Handling of Assets and Finance when Splitting, Dividing; Merger; Absorption and Dissolution of the Union

The handling of assets and finance when splitting, dividing; merger; absorption and dissolution of the Union shall be carried out in accordance with the provisions of law.

Chapter 6.

REWARD AND DISCIPLINE

Article 25. Awards

Members, associates, and individuals with many achievements shall be considered for commendation by the Union in the form of a Commendation Certificate. If the achievement is outstanding, it may be recommended for national commendation. The commendation system shall be implemented according to the guidance of the Executive Board of the Union, in compliance with the State's Law on Encouragement and Reward.

Article 26. Discipline

1. Organizations, members, individuals violating the Charter of the Union, resolutions of the Union, affecting the reputation, honor, assets, and finance of the Union shall, depending on the level of violation, bear disciplinary measures ranging from reprimand, warning, removal from office to expulsion from the Union and bear responsibility under the law.

2. Disciplinary measures within the authority of the Executive Board of the Union to decide include: removal from office, dismissal, expulsion. Disciplinary measures within the authority of the Standing Board of the Union to decide include: reprimand, warning.

Chapter 7.

IMPLEMENTING PROVISIONS

Article 27. Amendment and Supplement to the Charter

Any amendment or supplement to this Charter must be approved by more than half (one-half) of the representatives present at the National Congress of the Union and submitted to the Ministry of Home Affairs for consideration and decision.

Article 28. Effective Date

1. This Charter consists of 07 (seven) Chapters and 28 (twenty-eight) Articles, which were adopted at the founding congress of the Vietnam Association of Persons with Disabilities for the first term on March 26, 2011, and became effective from the date of approval by the Minister of Home Affairs.

2. All members and associates of the Union have the responsibility to implement this Charter. The Standing Board of the Vietnam Association of Persons with Disabilities has the responsibility to guide and organize the implementation of this Charter./.