Decision No. 19/2003/QĐ-BNV of the Ministry of Home Affairs on approving the Charter of the Vietnam Tourism Association

CHARTER

Vietnam Tourism Association

Chapter 1.

GENERAL PROVISIONS

Article 1. Name and Legal Status of the Association

1. The Association shall be named Vietnam Tourism Association (abbreviated as the Association).

Trading name: Vietnam Tourism Association.

Abbreviation: VITA

2. The Vietnam Tourism Association has legal personality, its own seal, emblem, and separate account.

3. The main office of the Association is located in Hanoi. The Association may have representative offices within the country and abroad in accordance with the law.

Article 2. Aims and Objectives of the Association

The Vietnam Tourism Association is a voluntary non-governmental organization of enterprises, economic organizations, and individuals from all economic sectors operating in the tourism industry.

The purpose of the Association is to link, cooperate, and support each other economically and technically for market stability, business operations, services, improving the quality of tourism products, competitiveness both domestically and internationally among members; represent and protect the legitimate rights and interests of members.

Article 3. Scope of Activities of the Association

The Vietnam Tourism Association operates throughout the country in accordance with the laws of the Socialist Republic of Vietnam and this Charter. The Vietnam Tourism Association is subject to state management by the National Administration of Tourism.

Chapter 2.

TASKS AND POWERS OF THE ASSOCIATION

Article 4. Tasks and Authorities of the Association

1. Tasks of the Association

1.1. Propaganda and education to enable members to understand the policies, guidelines, and policies of the Party, State, and the National Administration of Tourism regarding the development of tourism.

1.2. Represent members in contributing opinions to the State on policies, measures to encourage and create conditions for the development of the tourism industry; protect the legitimate rights and interests of members; resolve cases and incidents causing damage to the interests of the industry and members within the authority of the Association; fulfill obligations to the State as prescribed by law.

1.3. Encourage the enthusiasm and creativity of members; cooperate, support, and help each other economically and technically in tourism activities and businesses based on exchanging experiences, disseminating, and applying advanced scientific and technological achievements; unite to help each other in difficulties.

1.4. Provide advisory support to organizations and members of the Association during organizational restructuring; provide information on the economy and markets related to tourism for members to organize their businesses effectively and sustainably.

1.5. Coordinate with relevant organizations within the country to implement the aims and objectives of the Association.

2. Authorities of the Association

2.1. Organize conferences and seminars to exchange professional experiences, encourage cooperation and collaboration among members to enhance the quality of tourism activities.

2.2. Organize training activities, services, consulting, and other activities in accordance with the law and this Charter.

2.3. Develop membership, build material infrastructure, establish and develop relationships of the Association with organizations and individuals both domestically and abroad in accordance with the law to improve the effectiveness, reputation, and status of the Association.

2.4. Publish magazines, promotional materials, and tourism publicity materials; disseminate policies, guidelines, and policies of the Party, State, and the tourism industry regarding the development of tourism, disseminate technical knowledge and management and business experience in accordance with the law.

2.5. Exercise other authorities of the Association as prescribed by law.

Chapter 3.

MEMBERS

Article 5. Members

1. Regular Members: Organizations and individuals engaged in legitimate tourism business activities in Vietnam who agree to the Charter of the Association, voluntarily submit an application to join the Association, pay the membership fee and association fees can become formal members of the Association.

The person representing the member to participate in the Association must be the authorized representative of the member in the entity with legal personality. In case the person participating in the Association retires or transfers to another job, the organization member must appoint an authorized representative to replace them.

2. Associated Members: Vietnamese organizations and individuals involved in direct business operations related to tourism and services, and foreign organizations conducting tourism businesses and activities in Vietnam who agree to this Charter, voluntarily submit an application to join the Association, pay the membership fee and association fees can become affiliated members of the Association.

3. Honorary Members: Citizens, managers, scientists, technicians, and organizations, legal entities who have contributed to the development of the Industry and the Association may be invited by the Association to become honorary members.

Article 6. Procedures for Joining the Association

1. Organizations and individuals mentioned in Clause 1 and Clause 2 of Article 5 of this Charter voluntarily submit an application to join the Association, which is recognized by the Executive Board of the Association (referred to as the Executive Board).

2. Documents include:

- Application for joining the Association (according to the model);

- Membership registration form (according to the model);

- Copy of the Decision on Establishment, copy of the Business License;

- Brief curriculum vitae of the authorized representative of the legal entity, organization or individual accompanied by two photos (4x6).

3. The Executive Board issues a notification recognizing the member within fifteen days from the date of receiving all documents as stipulated in Clause 2, Article 6 of this Charter.

Article 7. Rights of Members

1. Participate in the General Assembly, elect representatives to attend the General Assembly of the Association.

2. Discuss, vote, question all matters of the Association; propose and express opinions through the Association to state agencies.

3. Nominate and elect the Executive Board of the Association and other positions within the Association.

4. Receive experience dissemination, vocational training, and skill enhancement from the Association through various forms such as information provision, material distribution, seminar attendance, training courses, technical demonstrations, domestic and international site visits.

5. Be assisted by the Association in introducing to relevant entities both domestically and internationally for service contracts, technical expert consultations, and advisory services.

6. Be supported by the Association in production and business activities within the scope, authority, and capacity of the Association.

7. Be protected in their lawful rights and interests in business activities.

8. Benefit from assistance provided by organizations and individuals associated with the Association.

9. Have the right to leave the Association.

10. Affiliated members and honorary members enjoy the same rights as formal members, except for the rights to nominate, elect, and vote.

Article 8. Obligations of members

1. Strictly comply with the state's policies, laws, and regulations set forth in this Charter; implement resolutions of the Association; promote the recruitment of new members; protect the reputation of the Association; refrain from using the name of the Association in external relations without authorization from the Association's competent body.

2. Participate in the activities and life of the Association; cooperate with other members to build a stronger Association.

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

4. Pay full membership fees, association fees, and other amounts as prescribed by the Association.

5. Affiliated members are not required to pay association fees, only pay membership fees and contribute other amounts voluntarily.

6. Honorary members are exempt from paying membership fees and association fees.

Article 9. Termination of Membership Rights

1. A member who wishes to withdraw from the Association must submit a written request to the Executive Board of the Association.

2. A member may be expelled from the Association in cases of serious violation of the Charter of the Association, affecting the reputation, credibility, and finances of the Association, or if the member fails to pay membership fees for one year despite being reminded.

3. A member's name will be removed when the competent state authority suspends their activities, dissolves them, or declares them bankrupt. In cases where the suspension is temporary within a certain period, the member’s rights will only continue upon permission to resume operations.

The Board of Directors of the Association will notify all other members about the list of members withdrawing from the Association, expelled members, and members whose names have been removed.

4. The rights and obligations of members terminate immediately after the Executive Board of the Association issues a notification.

Chapter 4.

ORGANIZATION OF THE ASSOCIATION

Article 10. Organization of the Association

1. The Executive Board of the Association;

2. The Inspection Board of the Association;

3. The Office of the Association;

4. Specialized Boards;

5. Local Branches;

6. Training and advisory units under the Association.

Article 11. Principles of Operation of the Association

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

The Association's organs operate based on democratic discussion, collective leadership, and minority submission to majority.

Article 12. General Assembly and Full Member Conferences

1. The General Assembly of all members is the highest authority of the Association. The General Assembly is held every two years.

2. Main tasks of the Congress:

- Discussing reports on the summary of the term and the new direction of the Association's activities;

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

- Proposing amendments and supplements to the Charter of the Association (if necessary);

- Discussing and deciding on important issues of the Association that exceed the authority of the Executive Board of the Association;

- Discussing and approving the financial settlement of the previous term and the financial plan of the new term;

- Deciding on the number of Vice Presidents of the Association and the number of Executive Board members of the Association;

- Electing the Executive Board of the Association;

- Electing the Inspection Board of the Association.

3. The Full Member Conference is held once a year to:

- Discuss the annual report and the work plan for the following year of the Association;

- Approving the annual financial settlement and the financial plan for the next year;

- Discussing and voting on issues proposed by the Executive Board, the Inspection Board, or members;

- Supplementing members of the Executive Board and the Inspection Board (if there is a shortage);

- The Full Member Conference may be convened at any time to address urgent issues of the Association upon the proposal of at least two-thirds of the Executive Board members or more than half of the members requesting it.

4. Resolutions of the General Assembly and the Full Member Conference are adopted according to the principle of majority.

Article 13. Executive Board of the Association

1. The Executive Board of the Association is the leading organ of the Association between two General Assemblies. The term of the Executive Board of the Association is two years. Individuals structured as the Secretary-General and those representing the state management agency for tourism assigned to the Association can participate in the Executive Board of the Association (if they meet the required number of votes). The number of Executive Board members is determined by the General Assembly, elected directly by secret ballot or show of hands, and must reach over 50% of the attending delegates' agreement.

Executive Board members may be re-elected or relieved of duty before the end of their term according to the decision of the Executive Board of the Association, or upon the proposal of more than half of the regular members.

If an Executive Board member, who is a representative of an organization or legal entity, retires or transfers to another position, they will be replaced by another person from that organization or legal entity.

2. The Executive Board of the Association convenes regularly at least twice a year. The Executive Board of the Association appoints a Standing Committee consisting of: the President of the Association, the Vice Presidents of the Association, and the Secretary-General of the Association.

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.

- Deciding on the annual program and work plan and informing the results of the Executive Board of the Association's activities to members and branches.

- Approve the annual budget plan and final accounts.

- Specifying the organization and operation of specialized boards, the Office of the Association, and the Association's representative offices in various regions; specifying the principles, systems, usage, and management of the Association's assets and finances.

- Electing and dismissing leadership positions of the Association: President, Vice Presidents, Secretary-General, Deputy Secretary-General, Head of the Inspection Board.

- Appointing heads of subordinate units, heads of specialized boards, and representatives of the Association in various regions.

- Approving the content, agenda, and documents to be presented to the General Assembly and the Full Member Conference.

- Deciding to convene the next term Congress or the annual delegates' meeting.

- Considering membership applications and expelling members.

Article 14. President and Vice Presidents of the Association

1. President of the Association

1.1. Is responsible for managing and directing all activities of the Association, organizing the implementation of Resolutions of the General Assembly, of the Full Membership Conference, and of the Board's Resolutions and Decisions.

1.2. Is the legal representative of the Association - the account holder of the Association.

1.3. Calls and chairs meetings of the Board of the Association, the Full Membership Conference, or member representatives.

1.4. Directly oversees the General Secretary of the Association.

1.5. Approves personnel of the Association’s office and other organizations established by the Association.

1.6. Bears legal responsibility before state management agencies for tourism, the Board of the Association, and all members regarding the activities of the Association.

2. Vice Presidents of the Association.

Are individuals who carry out specific tasks assigned by the President and the Board of the Association. They manage the work of the Board when authorized by the President of the Association. The number of Vice Presidents is decided by the General Assembly.

Article 15. General Secretary of the Association

1. Is directly responsible for all activities of the Association’s Office, accountable to the President of the Association, the Board of the Association, and the law for all activities of the Association’s Office.

2. Develops operational regulations for the Association’s Office and financial and asset management regulations for the Association, to be submitted to the Board of the Association for approval.

3. Regularly reports to the Board of the Association on the activities of the Association and the Association’s Office.

4. Prepares annual reports and term reports of the Board of the Association.

5. Manages lists, files, and documents of the Association and affiliated organizations.

6. Prepares sessions of the Board of the Association, conferences, seminars organized by the Association, and implements other activities according to the Board's Resolutions and Decisions.

7. Carries out tasks delegated by the President of the Association.

Article 16. Association’s Office

1. The Association's office is organized and operates according to regulations submitted by the General Secretary to the Executive Board for approval.

2. Staff of the Association Office are recruited and work under fixed-term employment contracts.

3. Operating funds of the office are budgeted by the General Secretary and approved by the Executive Board.

Article 17. Inspection Committee of the Association

1. The Inspection Committee is directly elected by the General Assembly of the Association. The number of committee members is determined by the General Assembly. The Inspection Committee operates under general regulations approved by the General Assembly.

2. The Head of the Inspection Committee develops specific operational regulations according to the general regulations of the Inspection Committee approved by the General Assembly and is accountable to the General Assembly for the activities of the Inspection Committee.

Article 18. Local Tourism Branches

Each province or centrally-administered city with ten or more members establishes a Local Tourism Branch (hereinafter referred to as Branch). The Branch is tasked with urging members within the Branch to comply with the Charter, Resolutions of the Association, and Branch Resolutions.

The Branch organizes a Full Membership Conference annually to elect the Branch Chief - the Branch Representative to participate in Association meetings; evaluates the operational situation, approves the previous year's financial settlement, and the next year's financial plan of the Branch.

Chapter 5.

FINANCE AND ASSETS OF THE ASSOCIATION

Article 19. Revenue Sources of the Association

1. Membership fees.

2. Dues contributions from members as prescribed.

3. Donations from domestic and foreign organizations and individuals in accordance with the law.

4. Other lawful income.

Article 20. Expenditures of the Association

Expenses are managed according to the Association’s financial and asset management regulations, such as paying salaries to staff, compensating collaborators, providing technical facilities, communication, charity, and other reasonable expenses as decided by the Board of the Association.

Article 21. Management and use of financial resources and assets of the Association

1. The Executive Board of the Association shall stipulate the management and use of the Association's financial resources and assets in accordance with state regulations.

2. The Inspection Board shall be responsible for inspecting and publicly reporting the financial statements and assets annually to members.

Chapter 6.

REWARD AND DISCIPLINE

Article 22. Reward

Members, members of the Executive Board of the Association, members of the Inspection Board, staff, and employees of the Association who have made significant contributions to the development of the Association and the tourism industry shall be commended by the Association or recommended to competent state authorities for commendation.

Article 23. Discipline

Members, members of the Executive Board of the Association, members of the Inspection Board, staff, and employees of the Association who act contrary to the Charter and Resolutions of the Association, damage the reputation and honor of the Association, miss regular meetings without valid reasons multiple times, or fail to pay membership fees for one year shall be criticized, reprimanded, warned, removed from the membership list, or recommended to competent state authorities for handling violations according to the law depending on the severity of the case.

Chapter 7.

IMPLEMENTING PROVISIONS

Article 24. Amendment and Supplement to the Charter of the Association

Any amendment or supplement to the Charter must be agreed upon and proposed by all members of the Vietnam Tourism Association at a General Assembly and approved by competent state authorities before it becomes effective.

Article 25. Effectiveness of Implementation of the Association's Charter

This Charter has been unanimously adopted by the Founding Congress of the Vietnam Tourism Association and shall take effect from the date it is approved by the Minister of Home Affairs.

This Charter shall cease to be effective when the Association ceases operations or is dissolved./.