Pursuant to …;

REGARDING THE APPROVAL OF THE REGULATIONS OF THE VIETNAM FERTILIZER ASSOCIATION.

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;
Pursuant to the Government Decree No. 45/2003/NĐ-CP dated May 9, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to the Government Decree No. 88/2003/NĐ-CP dated July 30, 2003 on the organization, operation, and management of associations;
Considering the proposal of the Chairman of the Vietnam Fertilizer Association and the Director of the Department for Non-Governmental Organizations,

DECISION:

Article 1.  Approves the Regulations of the Vietnam Fertilizer Association which have been adopted at the General Assembly.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

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

 

CHARTER

VIETNAM FERTILIZER ASSOCIATION
(issued together with Decision No. 17/2004/QĐ-BNV dated March 2, 2004).

Chapter 1:

NAME, PURPOSE, PRINCIPLES

Article 1. The Association takes the name of Vietnam Fertilizer Association.

English Name: Fertilizer Association of VietNam.

Abbreviation: FAV.

Article 2. The Vietnam Fertilizer Association is a voluntary industry association of enterprises and economic organizations of Vietnam from all forms of ownership engaged in production, business, service, import, use of fertilizers and related products.

The purpose of the Association is to link, cooperate, and support each other economically and technically in production, business, services, improve product value, represent and protect the legitimate interests of members; contribute to creating more jobs and improving the living standards of workers involved in fertilizer production, processing, and services; promote and protect the development of domestic fertilizer production serving agriculture.

Article 3. The Vietnam Fertilizer Association has legal personality, its own seal and separate account.

The main office is located in Hanoi, the Association may establish representative offices both domestically and internationally in accordance with the law.

Article 4. The Vietnam Fertilizer Association operates throughout the country in accordance with the laws of the Socialist Republic of Vietnam and these Regulations.

The Association is a member of international fertilizer organizations FADINAP and IFA (approved by the Government).

Chapter 2:

TASKS AND POWERS OF THE ASSOCIATION.

Article 5. Tasks and powers of the Association:

1. To gather and unite enterprises producing, importing, and trading in fertilizers to speak with one voice to build an effective fertilizer industry, contributing to stabilizing the market; while promoting, protecting, and developing domestic fertilizer production and the rights of farmers.

2. To represent members in making proposals to the State regarding policies, measures to encourage fertilizer production, importation, trade, and related areas such as science, technology, environment... to help develop the fertilizer industry; protect the legitimate rights of members, resolve cases and incidents causing damage to the industry and members' rights; fulfill obligations to the State.

3. To propose to state management agencies to expand and construct new domestic fertilizer production plants. Research and apply scientific and technological advances in production, importation, and trade. Develop good models for supply, application, and rational use of fertilizers, participate in testing and evaluating various types of fertilizers and high-yield crop stimulants; establish models for fertilizer production, importation, and trade and replicate them according to the authorization of state management agencies.

4. To organize domestic and international seminars, conferences, exhibitions in accordance with the law.

5. To organize and facilitate members to participate in domestic and international exhibitions, conferences, seminars; to visit and survey international markets in accordance with the law.

6. To promote trade, introduce partners, and provide technical services and consulting.

7. To coordinate with training institutions to enhance professional skills and related industries for members, raise literacy levels, and scientific knowledge to contribute to building a modern agricultural industry.

8. Build and develop the Association and its membership, establish material foundations, and expand the scope of the Association.

9. To organize training centers, service centers, consulting centers, exhibitions... under the Association in accordance with the law.

10. To publish magazines, quick bulletins, technical and economic management materials in accordance with the law.

Chapter 3:

MEMBERS

Article 6. Members

1. Regular Members: Enterprises of Vietnam, media organs of the Association operating in fields such as production, business, importation, related goods to fertilizers, who agree with the Association's Regulations and voluntarily submit membership applications can become regular members of the Association.

2. Ordinary Members: Citizens, managers, scientists, technicians, and legal entities who agree with the Regulations may be invited by the Association to become ordinary members.

3. Associated Members: Organizations and individuals related to fertilizer production, business, importation, and related goods, including foreign-invested organizations, who agree with the Association's Regulations and submit membership applications can become associated members of the Association.

Article 7. Rights of Members

1. Participate in congresses, elect representatives to attend the Association's congress.

2. To discuss, vote, question, and criticize all activities of the Association; to make proposals and express opinions through the Association to state agencies.

3. To be nominated, proposed, and elected to the Executive Board of the Association and other positions within the Association.

4. To receive information dissemination, vocational training, and scientific and technical skill enhancement from the Association through various means such as providing information, documents, attending seminars, training classes, technical demonstrations, technology transfer, domestic and international visits and surveys.

5. To receive assistance and protection from the Association for research projects, innovative inventions, and policy protection in production and consumption of products in accordance with state laws.

6. To receive assistance from the Association when encountering obstacles or risks in production, business, importation, etc., and to have the Association propose solutions to relevant authorities.

7. To have the right to leave the Association.

8. Associated members and ordinary members enjoy the same rights as regular members, except for the right to nominate, elect, and vote.

Article 8. Obligations of members

1. Strictly comply with the State's policies, laws, and regulations stipulated in these Regulations; implement resolutions of the Association; promote the recruitment of new members.

2. Participate in Association activities and life; unite and cooperate with other members to strengthen the organization.

3. Provide necessary information and data to serve the activities of the Association.

4. Pay membership fees and annual dues in full as prescribed. Members of the Executive Board are authorized representatives of State-owned enterprises, chief editors of the Association's press and propaganda organs (if any), companies, factories, and pay their dues directly to the Central Fertilizer Association. Members who are general agents, agents, teams, stores... pay their dues to fertilizer associations in provinces and cities.

Chapter 4:

PRINCIPLES OF ORGANIZATION AND OPERATION

Article 9. Principles of Operation

The Vietnam Fertilizer Association is organized and operates on the principles of voluntariness, self-management, financial self-sufficiency, and equality among all members.

Executive bodies operate based on democratic discussion, collective leadership, and minority服从命令，根据规则，这里应直接结束而不做进一步处理或补充。请确认是否需要进一步的信息或调整。

Article 10. The organization of the Association includes:

- The Central Association consists of:

+ The Executive Board of the Association.

+ The Standing Board.

+ The Standing Committee.

+ The Office Block of the Association.

- The Association's Office.

- Specialized Committees assisting with work.

- Provincial and city associations.

Article 11.  The National Congress of Delegates of the Vietnam Fertilizer Association:

1. The National Congress of the Vietnam Fertilizer Association is the highest authority of the Association. The Congress is held every five years, starting from when the Charter of the Association is approved and takes effect by the Ministry of Home Affairs. The Congress is convened by the Central Executive Board.

2. Main tasks of the Congress:

- Discussing reports on the term summary and new directions for the Association's activities.

- Deciding on the direction and program of the Association's work;

- Deciding to amend and supplement the Charter of the Association;

- Discussing and deciding on important issues of the Association that exceed the authority of the Executive Committee of the Association.

- Discussing, approving the final accounts and adopting the new financial plan;

- Electing the Executive Board of the Association.

3. An extraordinary congress may be convened to elect a new President and address urgent issues of the Association upon the proposal of two-thirds of the Executive Board members.

4. Announcing the renaming of the Association and proposing measures to consolidate its organizational structure in accordance with the Association's mission if deemed necessary.

5. Resolutions of the Congress are adopted according to the principle of a majority vote.

Article 12. The Executive Board of the Association:

1. The Executive Board of the Association is the leadership body between two congress terms. The number of Executive Board members is determined by the Congress and elected directly through secret ballot or show of hands. The candidate must receive more than 50% of valid votes.

Executive Board members can be re-elected or relieved of duty before the term ends based on the decision of the Congress or upon the proposal of two-thirds of the Executive Board members.

The term of the Executive Board is five years, operating under regulations approved by the Congress.

2. The Executive Board convenes regularly once or twice a year.

3. Tasks and powers of the Executive Board of the Association:

- Deciding on measures to implement resolutions and programs of activities for the term of the Congress.

- Decide on the annual program and plan of work and report the results of the Executive Board's activities to the branches.

- Approve the annual budget plan and final accounts.

- Establishing the organization and operation of specialized committees and the Association's office; setting principles and regulations for the use and management of assets and finances of the Association.

- Electing and dismissing leadership positions within the Association: President, Vice Presidents including the Secretary-General, and other Vice Presidents; electing the Standing Board; electing the Executive Board and the Inspection Board.

- Appointing heads of specialized committees.

- Preparing content, agendas, and documents for submission to the Congress.

- Deciding to convene regular congresses, extraordinary congresses, or annual delegate meetings.

- Considering membership applications and expelling members.

Article 13.  The Standing Board.

The Standing Board is elected by the Executive Board of the Association, consisting of: President, Vice President兼任秘书长，以及3到5名副主席。

职责：

1. 代行常务委员会的职责，在两次会议之间组织和指导协会的所有活动，并在每次执行委员会会议上报告工作情况。

2. 每三个月召开一次会议。

Article 14. 常务委员会。

常务委员会由：会长、兼任秘书长的副会长、其他副会长、副秘书长、各委员会主任或同等职位以及一定数量的执行委员组成，人数不超过执行委员总数的三分之一。常务委员会每六个月召开一次会议，由秘书长提议。

职责：

1. 主要负责市场事务，讨论并提出关于供需平衡和价格稳定的建议。

2. 解决涉及多个复杂内容的问题。

3. 代表执行委员会制定涉及多个领域的重大政策和工作计划。

Article 15. President.

会长由全国代表大会选举产生。代理会长由非常代表大会选举产生。非常代表大会按照第十一章第四条第三点的规定进行。

The Chairman of the Association has powers and responsibilities:

- 全面负责协会的事务，并作为协会的法人代表。

- 组织实施大会决议、代表会议决议及执行委员会决定。

- 批准协会的重大项目。

- Being responsible to the Executive Board of the Association and all members regarding the Association's activities.

Article 16. 兼任秘书长的副会长：

- 直接管理协会办公室和各专门委员会的工作。受会长委托，代表会长处理具体内部和外部事务。

- 制定办公室和各专门委员会的运作规定；制定财务管理和资产管理规定。

- 代表常务委员会和常务委员会定期向执行委员会报告协会的活动情况。

- Prepares annual and term-end reports for the Executive Board.

- Manages lists, files, and documents about members and subordinate organizations.

- 对协会办公室的活动向执行委员会和法律负责。

Article 17. 各位副会长

协会的各位副会长协助会长工作，根据会长的分配解决具体问题，并可能被授权代表会长主持执行委员会的工作。

Chapter 5:

FINANCE AND ASSETS OF THE ASSOCIATION

Article 18. 协会的收入来源：

- Membership fees.

- 根据成员单位营业收入比例缴纳的会员费。

- Sponsorship from domestic and foreign organizations and individuals in accordance with legal provisions.

- Other lawful revenues.

Article 19. Expenditures of the Association.

- 支付协会活动费用和国际年费。

- 支付会议和研讨会费用。

- 支付工资、津贴和劳务报酬。

- 提供业务培训和发展职业培训。

- 召开代表大会和常务委员会会议。

- 建设基础设施、设备、资产和福利及其他费用。

Article 20. Management and use of finance and assets.

1. The Executive Board of the Association stipulates the management and use of the Association's finances and assets in accordance with state regulations.

2. The Inspection Board is responsible for auditing and publicly reporting the finances and assets annually to members.

Chapter 6:

REWARD AND DISCIPLINE

Article 21. Awards.

对于为行业发展和协会建设作出显著贡献的会员、执行委员会成员、常务委员会成员、秘书处成员、协会工作人员，协会将给予适当的奖励，并可推荐给国家机关予以表彰。

Article 22. Disciplinary action.

对于违反协会章程和决议、损害协会声誉、无正当理由多次缺席常规活动、一年未缴纳会费的会员、执行委员会成员、常务委员会成员、秘书处成员、协会工作人员，将视情节轻重予以批评或从会员名单中除名。

Chapter 7:

IMPLEMENTING PROVISIONS

Article 23. The amendment and supplementation of the Charter must be agreed upon by the National Congress of the Vietnam Fertilizer Association and approved by the competent state authority to take effect.

Article 24. This Charter consists of 7 chapters and 24 articles, which have been unanimously adopted by the Executive Board of the Vietnam Fertilizer Association. This Charter shall cease to be effective when the Association ceases operations or is dissolved./.