Decision No. 17/2005/QĐ-BNV Regarding the Permission to Establish and Approve the Charter of the Education Support Fund Bảo Sơn (referred to as the Bảo Sơn Fund), established by Vietnamese and Japanese individuals.

Pursuant to …;

Regarding the establishment and approval of the Charter of the Bao Son Education Support Fund

referred to as the Bao Son Fund (founded by Vietnamese and Japanese individuals)

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 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;

Pursuant to Decree No. 177/1999/NĐ-CP dated December 22, 1999 of the Government on the regulations governing the organization and operation of Social Funds and Charitable Funds, and Decree No. 88/2003/NĐ-CP dated July 30, 2003 of the Government on the organization, operation, and management of Associations;

Considering the proposal of the Director of Nghia Tam Tourism Service Company and Sinano Technology Company, the opinions of the Ministry of Education and Training, the Ministry of Finance, relevant agencies, and the opinion of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Permission is hereby granted for the establishment and approval of the Charter of the Bao Son Education Support Fund, referred to as the Bao Son Fund (founded by Vietnamese and Japanese individuals).

Article 2. The Bao Son Education Support Fund shall be subject to state management by the Ministry of Education and Training and operate according to the Fund's Charter approved by the Ministry of Home Affairs.

The Bao Son Education Support Fund shall bear all costs and means of operation itself.

Article 3. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 4. The Bao Son Education Support Fund and the Head of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision.

 CHARTER

 The Bao Son Education Support Fund, referred to as the Bao Son Fund (founded by Vietnamese and Japanese individuals)

PART I

Name of the Association:

Article 1. Name

Full name of the Fund: Bao Son Education Support Fund, referred to as the Bao Son Fund (founded by Vietnamese and Japanese individuals).

International trading name in English: Bao Son Education Supporting Foundation.

Short name in English: Bao Son Foundation.

Article 2. The Bao Son Education Support Fund (hereinafter referred to as the Fund) is a Vietnamese legal entity established with the aim of mobilizing contributions from natural persons, legal entities, and social organizations in Japan, Vietnam, and other countries, with the purpose of supporting the development of the Vietnamese education system, supporting Vietnamese students and research fellows studying in Japan, and supporting Japanese students studying in Vietnam, as well as Japanese teachers teaching Japanese language and transferring Japanese technology in Vietnam.

Article 3. The Fund is a non-profit, non-governmental organization operating in accordance with Vietnamese law and the Fund's Charter approved by the competent authority of the Socialist Republic of Vietnam.

The Fund is under the management of the Ministry of Education and Training of the Socialist Republic of Vietnam and is responsible for its activities before the law.

The Fund has legal personality, its own seal, assets, and separate bank accounts (including Vietnamese currency and foreign currency accounts).

The main office of the Fund is located in Hanoi.

Chapter II

FUNCTIONS AND RESPONSIBILITIES

Article 4. The functions of the Bao Son Fund include:

1. Exchanging information about the two educational systems of Vietnam and Japan to promote the development of the Vietnamese education and training system.

2. Upon agreement with the Ministry of Education and Training, the Fund provides scholarships for talented Vietnamese students and research fellows studying in Japan who have financial difficulties, grants scholarships for Vietnamese students learning Japanese in Vietnam, supports Japanese teachers teaching Japanese language and technology at Vietnamese universities, and sponsors Japanese students learning Vietnamese and transferring Japanese technology in Vietnam.

Article 5. The tasks of the Fund include:

1. Guiding and advising students assisted by the Fund.

2. Developing plans to implement the Fund's objectives and purposes to promote educational cooperation between Vietnam and Japan.

3. Advising Vietnamese students on the necessary requirements to study in Japan.

4. Promoting activities to enhance mutual understanding of culture and education between Vietnam and Japan.

5. Mobilizing and accepting donations from legal entities, natural persons, non-governmental organizations, and governments of Japan, Vietnam, and other countries for the activities of the Fund to contribute to the development of the Vietnamese education system.

6. Through the Ministry of Education and Training of Vietnam, selecting Vietnamese students and research fellows to study in Japan.

7. Operating in accordance with the Fund's Charter approved by the competent management authority.

8. Implementing accounting, statistics, and auditing in accordance with the law.

9. Providing necessary information on income and expenditure of the Fund and being subject to inspection and audit by state management agencies when required.

10. Submitting annual reports on the Fund's activities to the competent state authorities as prescribed.

11. Fulfilling other rights and obligations as prescribed by law.

Chapter III

ORGANIZATION AND MANAGEMENT

Article 6. The organization of the Fund includes:

- The Board of Management of the Fund.

- The Standing Board of the Board of Management of the Fund.

- The Executive Director of the Fund and specialized departments.

- The Audit Board of the Fund.

- Advisors and honorary members of the Fund.

Article 7. The Board of Management of the Fund consists of five founding members from Vietnam and Japan. The Board of Management elects the Chairman of the Fund, two Vice Chairmen, and two Board Members.

1. Functions and responsibilities of the Board of Management of the Fund

- Determining the direction and content of the Fund's activities.

- Determining the Standing Board of the Board of Management of the Fund.

- Electing the Chairman and Vice Chairmen of the Fund.

- Electing the Audit Board of the Fund.

- Appointing the Executive Director of the Fund.

- Organizing the Fund's organizational structure.

- Issuing regulations on the management and use of the Fund's revenue.

- Supervising and inspecting the Fund's activities.

- Approving the Fund's financial report.

- Financial plan for the following year.

2. Principles of operation of the Board of Management of the Fund:

Voluntary, democratic, and collective working methods to decide matters within their authority and responsibility.

The Board of Management Meeting is held once a year at an appropriate time each year to evaluate results and determine the direction of the Fund's activities.

Article 8. The Standing Board of the Board of Management of the Fund:

1. The Standing Board of the Board of Management of the Fund is elected by the Board of Management of the Fund, consisting of the Chairman of the Fund, at least one Vice Chairman of the Fund, and one member of the Board of Management of the Fund.

2. The Standing Board of the Fund Management Council shall perform the duty of representing the Fund Management Council to direct, organize, manage the activities of the Fund, resolve issues of the Fund between sessions of the Fund Management Council, implement planning for the development program of the Fund, and address emerging issues during the operation of the Fund.

3. The Standing Board of the Fund Management Council operates on the principle of democracy and works collectively to decide matters within its authority and responsibility.

Article 9. The Chairman of the Fund, Vice Chairmen, and members of the Fund.

1. The Chairman of the Fund is the highest representative of the Fund Management Council and is responsible for all activities of the Fund under the law.

The Chairman of the Fund must be a Vietnamese citizen.

2. The Vice Chairmen assist the Chairman of the Fund in managing areas of activity assigned by the Chairman of the Fund. In necessary cases, the Vice Chairman of the Fund may represent the Chairman of the Fund to handle work when authorized by the Chairman of the Fund.

3. The number of Vice Chairmen of the Fund ranges from one to three individuals who are either Vietnamese or Japanese citizens.

4. Members of the Fund are natural or legal persons voluntarily participating, agreeing with the objectives and purposes of the Fund, introduced by at least two members of the Fund Management Council, and approved by the Standing Board of the Fund Management Council. They commit to contributing material or financial resources to the Fund.

Article 10. Advisors and honorary members of the Fund are experts active in political, social, and economic fields with credibility and enthusiasm for contributing to the development of Vietnam's education system, appointed by the Standing Board of the Fund Management Council to provide advisory services to the Fund.

Article 11. Executive Director and specialized departments of the Fund:

1. The Executive Director of the Fund is proposed by the Standing Board of the Fund Management Council and decided upon by the Chairman of the Fund.

The Executive Director of the Fund must be either a Vietnamese or Japanese citizen.

2. Functions and responsibilities of the Executive Director of the Fund:

The Executive Director of the Fund is responsible to the Chairman of the Fund and the Standing Board of the Fund Management Council for daily management of the Fund to implement programs and plans approved by the Standing Board of the Fund Management Council, manage the Fund's capital and assets, and report periodically on the Fund's operational status to the Chairman of the Fund, the Standing Board of the Fund Management Council, state management agencies, and the agency that decides on the establishment of the Fund.

The Executive Director of the Fund signs documents within their authority and is responsible for their decisions.

3. Specialized Departments

Specialized departments of the Fund are established by the Chairman of the Fund based on proposals from the Executive Director of the Fund to carry out specific tasks assigned and operate according to regulations set by the Standing Board of the Fund Management Council.

Article 12. Audit Committee of the Fund

The Audit Committee consists of a Chairperson, a Deputy Chairperson, and one member, nominated by the Fund Management Council and decided upon by the Standing Board of the Fund Management Council.

The Audit Committee operates independently, tasked with auditing and supervising the Fund's activities in accordance with the charter and relevant laws; reporting and making recommendations to the Standing Board of the Fund Management Council regarding audit results and the Fund's financial situation.

Article 13. Disqualification of Fund Membership

Fund members will be disqualified in the following circumstances:

- Not wishing to be a member of the Fund.

- Failing to comply with the Fund's charter.

Article 14. When necessary, the Fund may establish branch offices or representative offices elsewhere than the main headquarters, subject to approval by the People's Committee of the province or city where the branch office or representative office is located, and reporting in writing to the competent state agency deciding on the establishment of the Fund.

Chapter IV

FUND FINANCE

Article 15. Sources of income for the Fund include:

- Voluntary contributions and sponsorships from members, organizations, and individuals from Japan, Vietnam, or foreigners in accordance with the law.

- Interest from deposit accounts and other lawful revenues.

Article 16. The Fund's finances are utilized for:

1. Funding activities to fulfill the Fund's mission as stipulated in the Charter.

2. Supporting activities aimed at developing Vietnam's education and training sector.

3. Funding management activities of the Fund in accordance with current laws.

Article 17. Fund Financial Management.

1. The Fund's finances are managed in accordance with regulations governing the management and use of social funds.

2. The Fund Director is responsible for managing and reporting on the Fund's finances to the Fund Management Council, the Standing Board of the Fund, the Ministry of Finance, the Ministry of Education and Training, and the competent authority deciding on the establishment of the Fund.

Chapter V

SUSPENSION OF ACTIVITIES OR DISSOLUTION OF THE FUND

Article 18. The Fund will be suspended or dissolved if it operates contrary to its objectives and purposes, does not comply with the approved Fund Charter, and violates Vietnamese law.

Article 19. Depending on the severity of the violation, those responsible for managing the Fund will be dealt with according to Vietnamese law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20. AMENDMENT TO THE FUND CHARTER

Only the General Meeting of the Fund Management Council has the right to amend and supplement the Fund Charter and propose it for approval by the competent authority of the Socialist Republic of Vietnam.

Article 21. EFFECTIVENESS OF THE FUND CHARTER

The Charter of the Baoson Education and Training Support Fund, abbreviated as the Baoson Fund (founded by Vietnamese and Japanese individuals), abbreviated as the Baoson Fund consists of 6 Chapters and 21 Articles, which have been approved by the competent authority of the Socialist Republic of Vietnam and shall take effect fifteen days after being published in the Vietnamese Official Gazette./.