Decision No. 16/2002/QD-BNV on the approval of the Statutes of the Vietnam Association of Mechanical Enterprises

 Pursuant to …;

Regarding the approval of the Charter of the Vietnam Association of Mechanical Industry

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

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

- Based on Decree 181/CP dated November 9, 1994 of the Government on the regulations concerning functions, tasks, powers, and organizational structure of the Civil Service Department (now the Ministry of Home Affairs);

- Based on Decision No. 158/QĐ-TTg dated March 2, 1999 of the Prime Minister authorizing the Minister of the Civil Service Committee (now the Minister of Home Affairs) to approve the establishment of associations;

- Considering the proposal of the Chairman of the Vietnam Association of Mechanical Industry and the Director of the Department of Non-Governmental Organizations;

DECISION:

Article 1. Approves the Charter of the Vietnam Association of Mechanical Industry which was adopted at the First National Congress on November 17, 2002.

Article 2. The Chairman of the Vietnam Association of Mechanical Industry and the Director of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision.

 

 

CHARTER

VIETNAM ASSOCIATION OF MECHANICAL INDUSTRY

PART I:
Name of the Association:

Article 1. The full name of the Association is the Vietnam Association of Mechanical Industry. Its abbreviated name is the Mechanical Association, and its English name is Vietnam Association of Mechanical Industry, abbreviated as VAMI.

Article 2. The Vietnam Association of Mechanical Industry is a voluntary, non-governmental organization of enterprises with legal personality operating in the mechanical industry sector throughout Vietnam under all economic components.

The purpose of the Association is to create cooperation and support among domestic mechanical enterprises to promote the development of mechanical enterprises and protect the rights of members within the framework of Vietnamese law.

Article 3. The Vietnam Association of Mechanical Industry operates according to Vietnamese state laws, has legal personality, a seal, a bank account for the Association and foreign currency, owns assets and finances.

The main office of the Vietnam Association of Mechanical Industry is located in Hanoi and may establish representative offices in certain localities as prescribed by law.

PART II:
TASKS OF THE ASSOCIATION

Article 4. The Vietnam Association of Mechanical Industry has the following tasks and powers:

1. The Association organizes connections and unites all economic components to support each other in production, business, and services to unify will and action in implementing policies of the Party and State to encourage the development of the mechanical industry and accelerate industrialization and modernization.

2. Regularly coordinate with the Vietnam Association for Science and Technology in the mechanical industry to participate in advising the State on strategies for development, planning, and long-term plans, policies, measures to encourage industrial development, protect the domestic market, and apply advanced technologies in the mechanical industry in Vietnam. Report and exchange with state agencies on issues related to the development of the mechanical industry.

3. Coordinate to organize activities in production cooperation and economic, scientific, technical, and technological collaboration between production, research, and training both domestically and internationally with members to effectively promote the development of the Vietnamese mechanical industry according to strategic orientations set by the State.

4. Serve as a focal point to promote specialization and cooperation among members, exchange information and experience in business, product sales, to effectively exploit the potential of all members, contributing to enhancing the efficiency and quality of production projects and industrial investment projects nationwide.

5. Cooperate with international organizations in the same field worldwide in accordance with the law; encourage and create conditions for members to meet, exchange, and cooperate with foreign mechanical industry organizations. Collect member opinions to develop appropriate programs and contents to support effective cooperation for mechanical enterprises.

6. Organize the provision of information and advisory services in areas related to the mechanical industry, assist members of the Association in participating in conferences, seminars, trade fairs, exhibitions, training, capacity building, market surveys both domestically and internationally.

7. Within the scope and capability permitted, provide advice and consultation to help members resolve difficulties and conflicts in production and business operations.

CHAPTER III
MEMBERS

Article 5. Enterprises, economic units, research, training, and service activities operating in the mechanical industry that agree with the Charter of the Association and voluntarily apply to join can be members of the Vietnam Mechanical Industry Business Association.

Article 6. Members of the Association

- Regular members include mechanical enterprises belonging to various economic sectors with legal personality, economic units, research, training, and service activities operating in the mechanical industry that voluntarily apply to join the Association, pay membership fees, and are recognized by the Executive Board of the Association.

- Associate members are businesses, businesspeople, and individuals who do not have the conditions to become regular members but have the ability to create opportunities to assist the Association or have the desire to affiliate and agree with the Charter of the Association, voluntarily apply to join, and are recognized by the Executive Board of the Association.

Associate members are not eligible to run for or be nominated to the leadership board of the Association and are not entitled to vote on issues of the Association.

Article 7. Obligations of members

1. Strictly comply with the Charter, regulations, Resolutions, and programs of the Association.

2. Pay membership fees upon joining, annual dues, and contribute to the fund of the Association according to the provisions approved by the Executive Committee.

3. Comply well with the information reporting system when required.

Article 8. Rights of members:

1. Receive economic and technical information, participate in seminars, tours, and training sessions on technical and management skills organized by the Association or jointly organized.

2. Participate in running for and being elected to leadership positions of the Vietnam Mechanical Industry Business Association (except associate members).

3. Be rewarded for production and business achievements and contributions to building the Association, and be allowed to leave the Association, but must submit a resignation letter three months in advance to the Council of the Association and must pay the full membership fee for the last year.

4. Be protected by the Association in their legitimate rights and interests in production and business, and be introduced by the Association to partners for discussion and signing contracts, creating favorable conditions to enhance joint ventures and affiliations with domestic and foreign units.

5. Propose opinions and request the Association to represent the enterprise in proposing mechanisms and policies to relevant state agencies to create favorable conditions for production and business, ensuring the legitimate interests of members.

CHAPTER IV:
ORGANIZATION OF THE ASSOCIATION

Article 9. The organizational structure of the Vietnam Mechanical Industry Business Association includes:

- The General Assembly.

- The Council of the Association, the Executive Board, and the Association's office.

- Inspection Board.

- Specialized Departments.

- Branch Associations directly under the Council.

Article 10. The highest governing body of the Association is the General Assembly, which convenes once every five years. The General Meeting may convene annually. In special cases, at the request of the Chairman or two-thirds of the Council members or two-thirds of the members, the Council of the Association may convene extraordinary meetings.

Article 11. The General Assembly has the following tasks:

1. Approve reports on the activities of the Association and the Council, the governing body of the Association, between two General Assemblies.

2. Decide on the direction and program of activities of the Association for the next term.

3. Examine and approve the financial report of the Association.

4. Decide on amendments and supplements to the Charter of the Association.

5. Decide on the number of Council members and the Audit Board. Elect the Council and the Audit Board, and resolve other urgent matters of the Association.

Article 12. The Congress decides according to the majority principle on important issues such as amending and supplementing the Charter, dissolving the Association, electing the Board, the Inspection Board, and Congress Resolutions must be approved by at least two-thirds of the delegates to be valid.

Article 13. Between two Congress sessions, the highest authority of the Association is the Association Board, the Board members are elected from officially authorized representatives of member organizations.

Between two Congress sessions, if it is necessary to supplement or replace Board members, it also requires at least two-thirds of the votes of the Board members to approve.

Article 14. The Association Board convenes once every six months. When at least half of the Board members request, the Board may convene extraordinary meetings.

The tasks of the Association Board are:

1. Electing leadership positions of the Association: President, Vice Presidents, Secretary General, Head of the Inspection Board.

2. Establishing and promulgating working regulations and internal rules for the Association, the Board, and affiliated organizations.

3. Deciding all activities of the Association according to the Congress Resolutions.

4. Examining and deciding membership status.

5. Building and directing implementation of Programs of activities, setting initial membership fees and annual membership fees to create financial resources for the Association's operations.

6. Deciding to convene the Congress and the General Meeting, approving the most essential issues related to the Association.

Article 15. The Standing Board of the Association: President, Vice Presidents, Secretary General.

Between two Board meetings, the Standing Board is responsible for representing the Association and the Board in internal and external relations, organizing the implementation of Congress Resolutions and directing, supervising the activities of affiliated organizations.

The Standing Board meets regularly once a month, additionally, extraordinary meetings can be held based on work requirements.

Article 16. The responsibilities and authorities of the Association President include:

1. Officially representing the Association before the law.

2. Organizing the implementation of Congress Resolutions.

3. Directing, preparing content, convening, and chairing meetings of the Board and the Standing Board.

4. Leading affiliated organizations under the Association, performing functions assigned by the Association.

5. Deciding to establish or dissolve organizations of the Association according to legal provisions. Appointing and dismissing leadership positions of affiliated organizations.

Article 17. Vice Presidents assist the President in leading various aspects of the Association's work within their assigned responsibilities. In the absence of the President, a Vice President will be designated to represent and perform the President's duties.

Article 18. The Secretary General represents the Standing Board and with the authorization of the President, manages the Association's affairs between meetings, is responsible for organizing and managing the daily operations of specialized boards and the Association's office. Preparing content for Association meetings, managing the Association's assets and finances.

Article 19. Depending on the development needs in the Association's activities, the Association Board will decide on the number of specialized boards of the Association as follows:

- Permanent Office.

- Inspection Board.

- Policy and External Relations Board.

- Information and Market Board.

- Science and Technology Cooperation Production Board.

- Mechanical Industry Consulting and Investment Center.

- Cadre Training, Management Improvement Center.

The establishment of affiliated units with legal personality must comply with legal regulations.

Heads of the above units are Board members appointed by the President and approved by the Standing Board.

The functions, tasks, organization, programs, plans, conditions, means, and operational systems of specialized boards are regulated by the Association Board based on proposals from the board heads and the Secretary General of the Association.

Chapter V:
ASSOCIATION FINANCE

Article 20. The Association's fiscal year begins on January 1st and ends on December 31st annually. The Association's financial report is approved annually by the Council.

Article 21. The Association's financial operations are governed by the General Assembly which sets out major principles, and the Association Council determines the annual income and expenditure levels to ensure self-sufficiency in accordance with the Association's regulations and current state financial management provisions.

Article 22. Sources of income for the Association

1. Membership fees include joining fees of 1,000,000 VND per application and annual membership fees divided into three levels: State-owned enterprises pay 2 million VND/year, independent businesses pay 1 million VND/year, and small enterprises pay 500,000 VND/year.

2. Donations from organizations and individuals both within and outside the country as stipulated by law.

3. Income from research and service activities of affiliated organizations (if any).

4. Government subsidies (if any).

During the organization of activities, the Association will form funds from contributions by affiliated units to support:

+ Scientific research work.

+ Innovative applications of high-quality mechanical products.

+ Organizing awards for mechanical product competitions.

+ Supporting businesses facing difficulties due to natural disasters, fires, and other risks.

Article 23. Regular income and expenditures from the Association's fund are directed by the Secretary-General. The Office prepares detailed budgets, which are reviewed and approved in principle by the Standing Committee for implementation. Large irregular income and expenditures of the Association must be approved by the Standing Committee or the entire Council before implementation.

CHAPTER VI:
REWARD AND DISCIPLINE

Article 24. Members who have outstanding achievements in production, research, application of mechanical technology, or in Association work shall be commended by the Association and may be recommended by the Association to competent state authorities for commendation.

Article 25. Members, members of the Executive Board, Standing Board, and Inspection Board of the Association, who act contrary to the Resolutions and Charter of the Association, damage the honor and reputation of the Association, frequently miss regular meetings without valid reasons, fail to pay full annual membership fees, depending on the severity, will be educated, criticized, reprimanded, expelled from the Association, or referred to competent state authorities for handling violations according to the law.

Chapter VII:

AMENDMENT OF THE CHARTER AND DISSOLUTION OF THE ASSOCIATION

Article 26. Only the General Assembly of the Vietnam Mechanical Industry Association has the right to amend the Charter of the Association. Amendments to the Charter must be approved by two-thirds of the delegates to take effect.

Article 27. The Association will cease operations or dissolve when there is:

- A resolution to cease operations or dissolve passed by the General Assembly of the Vietnam Mechanical Industry Association.

- A decision to terminate operations issued by the authority that granted permission to establish the Association.

- All dissolution procedures must be carried out in accordance with state regulations.

Article 28. The Charter of the Vietnam Mechanical Industry Association consists of seven chapters and twenty-eight articles, which were adopted at the first General Assembly meeting held in Hanoi on November 17, 2002, and became effective upon approval by the Ministry of Home Affairs.