Decision No. 19/2004/QĐ-BNV on the approval of the Statutes of the Vietnam Educational Equipment Association

Pursuant to …;

Regarding the approval of the Supplementary Charter of the Vietnam Animal Feed 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's 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's Decree No. 88/2003/NĐ-CP dated July 30, 2003 on organization, operation, and management of Associations.
Considering the proposal of the Chairman of the Vietnam Educational Equipment Association and the Director of the Department for Non-Governmental Organizations,

DECISION:

Article 1. Approves the Charter of the Vietnam Educational Equipment Association which was adopted at the First Term General Assembly on February 20, 2004.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

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

 

CHARTER

VIETNAM EDUCATIONAL EQUIPMENT ASSOCIATION
(Annexed to Decision No. 19/2004/QĐ-BNV dated March 10, 2004 of the Minister of Home Affairs).

Chapter 1:

GENERAL PROVISIONS

Article 1. The Vietnam Educational Equipment Association (hereinafter referred to as the Association) is a voluntary organization of enterprises licensed to operate in the educational equipment sector, some managers, organizations, and individuals engaged in activities related to educational equipment in Vietnam.

The English name of the Association is Vietnam Association of Educational Equipments (abbreviated as VINASOEE).

The Association is established with the aim of gathering and linking the activities of enterprises engaged in educational equipment work, managers involved in educational equipment activities, relevant agencies, organizations, and individuals both within and outside the country who are interested in contributing to the development of the Vietnamese educational equipment industry, thereby uniting forces, widely rallying support, encouraging members to enhance their knowledge, propose solutions, exchange experiences and information about achievements and difficulties in the field of educational equipment, support each other effectively, create conditions for members to develop equally, protect the rights and legitimate interests of members.

Article 2. The Association has legal personality, its own seal, financial autonomy, and is entitled to open accounts in Vietnamese dong and foreign currencies at banks.

The main office of the Association is located in Hanoi. Depending on operational needs, the Association may apply to establish representative offices and branch associations in certain localities within the country according to the provisions of the law.

Article 3. The Association operates under the laws of the Socialist Republic of Vietnam and the provisions of this Charter. The Association is subject to state management by the Ministry of Education and Training and relevant state management agencies.

Chapter 2:

PRINCIPLES OF OPERATION, TASKS AND POWERS OF THE ASSOCIATION

Article 4. The review of content and budget estimates for sub-projects and plans of ministries, sectors, and localities is based on proposals from the main units, which the Steering Committee will examine and decide upon. In cases where necessary, an advisory board may be established.

1. Voluntary and self-management.

2. Equality.

3. Financial self-sufficiency.

4. Legal responsibility.

Article 5. Tasks of the Association:

1. Assist members in enhancing the effectiveness of educational equipment activities, the competitiveness of enterprises operating in the Vietnamese educational equipment sector, expanding markets, improving quality and efficiency.

2. Form and develop forms of cooperation and coordination among members based on voluntariness and mutual benefit. Organize joint activities, create opportunities for mutual understanding, build cooperative relationships, and consensus among members.

3. Protect the legitimate and lawful interests of the Association and its members. Represent members in making proposals to the Party and State regarding issues related to the development of the educational equipment sector.

4. Develop the organizational structure of the Association, members, material bases, expand the scope of operations, establish and develop international cooperation of the Association.

Article 6. Powers of the Association:

1. Represent members in providing opinions on legal documents related to the rights, obligations, and legitimate interests of members in the field of educational equipment.

2. Coordinate with relevant organizations domestically to implement the objectives of the Association.

3. Join domestic and international organizations with compatible goals in accordance with state regulations and international practices.

Chapter 3:

MEMBERS

Article 7. Members:

1. Members of the Association are enterprises licensed to operate in the educational equipment sector, managers, organizations, and individuals directly or indirectly involved in educational equipment activities in Vietnam, who agree with the Charter of the Association, voluntarily apply to join the Association, and are recognized by the Association's Executive Board.

2. Members of the Association include:

a) Regular members: those members meeting the requirements set out in Clause 1 of this Article.

b) Associated members: foreign organizations or individuals with foreign investment operating in sectors related to educational equipment, who voluntarily apply to join the Association and are approved by the Executive Board.

c) Honorary members: individuals with prestige, experience, and enthusiasm for contributing to the Association, recognized by the General Assembly of all members or the Executive Board of the Association.

3. Corporate members (enterprises or organizations).

Corporate members consist of an organization, enterprise... Each corporate member appoints a representative to participate in the Association. When changing representatives, the entity must notify the Association's Executive Board in writing.

Article 8. Obligations of members:

1. Strictly comply with the Charter and regulations of the Association, resolutions of the General Assembly or Representative Assembly, and the Executive Board of the Association.

2. Participate in the activities of the Association.

3. Pay membership fees and other dues fully and in accordance with regulations.

4. Protect the reputation of the Association: not to represent the Association in transactions that do not serve the interests of the Association. In any transaction when representing the Association, it is necessary to report to the Association organization.

Article 9. Rights of members:

1. Benefits enjoyed by members include:

- Protection of legitimate rights.

- Timely provision of necessary information.

- Provision of training, consulting, and information services on issues related to the educational equipment sector organized by the Association.

- Participation in all activities organized by the Association.

- Enjoyment of support and assistance from domestic and foreign organizations mobilized by the Association.

2. Members have the right to make proposals through the Association on issues related to state agencies and other organizations, and have the right to discuss, criticize, and question the organizations and individuals managing the Association regarding policies and activities of the Association.

3. In addition to the rights stipulated above, regular members have the right to vote, nominate, and elect persons to the Executive Board and other positions in the Association as prescribed.

4. Upon joining the Association, members retain their legal entity status and the autonomy of the legal entity.

Article 10. Membership procedures:

1. The subjects mentioned in Clauses 2 and 3 of Article 7 above, who voluntarily register to join the Association and attend the founding Congress of the Association, shall be recognized as members of the Association.

2. From after the founding Congress of the Association, businesses in educational equipment, managers, organizations, and individuals operating in fields related to educational equipment wishing to join the Association must submit their application for membership to the Association's Office.

The membership application package includes:

- An application for membership.

- A membership registration form according to the prescribed model.

- A notarized copy of the decision on establishment and business license (for businesses).

- A curriculum vitae of the authorized representative, accompanied by two 4x6 cm photographs.

3. Membership applications submitted after the founding Congress shall be recognized as members when more than 50% of the Executive Board members approve their admission.

4. New members must pay membership fees within fifteen days from the date of admission.

5. The Executive Board shall notify all members of the list of new members within thirty days from the date of admission of new members.

Article 11. Procedures for terminating membership rights:

1. A member who voluntarily requests to withdraw from the Association must submit an application to the Executive Board. The rights and obligations of the member will terminate upon the Executive Board's announcement of approval.

2. Members will be expelled in the following cases:

+ Seriously damaging the reputation of the Association.

+ Seriously violating the Charter and regulations of the Association.

+ Failing to pay membership fees within sixty days from the second notice issued by the Association.

3. A member will be expelled when more than two-thirds of the Executive Board members agree. The expulsion decision takes effect from the date of signing.

4. The Executive Board shall notify all other members of the list of members leaving the Association and those expelled within fifteen days from the date of signing.

Chapter 4:

MANAGEMENT AND ADMINISTRATIVE STRUCTURE

Article 12. Management and operation bodies of the Association:

- General Congress or Congress of Delegates.

- The Executive Board, Standing Committee of the Executive Board.

- President, Vice Presidents of the Association.

- The Audit Board.

- Secretary General, Deputy Secretaries General of the Association.

- Subordinate units of the Association: the Association's Office, Professional Committees, Educational Equipment Magazine, Consulting and Design Center, Information Service Center...

Article 13. The General Assembly or Representative Assembly:

1. The Congress is the highest authority of the Association. The Congress is held every four years.

2. Main tasks of the term Congress:

- Approving the Charter (for the founding Congress).

- Discussing the final report and future mission plan of the Association.

- Discussing and providing feedback on the term report and inspection committee report.

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

- Electing the Executive Board and Inspection Committee.

- Discussing and approving the resolutions of the Congress.

- Proposing amendments to the Charter.

3. Main tasks of the annual General Meeting:

- Discussing the final report of the previous year and the work plan for the new year of the Association.

- Discussing and approving the financial settlement of the previous year and the financial plan for the new year of the Association.

- Discuss and vote on issues proposed by the Executive Board, the Inspection Board, or members.

4. The Executive Board may convene an extraordinary General Assembly or Representative Assembly at the request of the President of the Executive Board or more than fifty percent of the total number of Executive Board members to address urgent issues of the Association.

5. The summons to the General Congress or Congress of Delegates must clearly state the agenda and be sent to all members at least two weeks before the meeting date.

6. Resolutions of the General Assembly or Representative Assembly are passed by voting according to the majority principle. Each regular member has one vote. In case they cannot attend the General Assembly or Representative Assembly, representatives can delegate another member.

Article 14. The Executive Board is the highest leading body between two Congresses.

1. The number of Executive Board members is decided by the Congress, including one President, one Vice President, and one Secretary General, Deputy Secretary General.

2. The Executive Board is elected by secret ballot. The list of candidates and nominees must be approved by the Congress. The term of the Executive Board is four years.

3. The Executive Board operates under the Executive Board Regulations.

4. The Executive Board meets at least twice a year upon the call of the President of the Executive Board. Executive Board sessions are considered valid when two-thirds of the total number of Executive Board members are present.

5. Decisions and resolutions of the Executive Board are passed by voting and only take effect when more than fifty percent of the total number of attending Executive Board members agree. If the number of votes for and against is equal, the side with the opinion of the President of the Executive Board will be accepted.

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

- Decide on measures to implement Congress resolutions.

- Decide on the annual program and work plan or between Executive Board meetings.

- Approving the financial plan and settlement of the term and annually of the Association proposed by the Secretary General for submission to the General Meeting or Congress.

- Resolve issues arising between Congress sessions.

- Prepare content, agendas, and materials for Congresses (including extraordinary ones) and Annual General Meetings.

- Specifying specific principles, management systems, financial usage regulations of the Association, organizational and operational regulations of the Association's Office.

- Approving the establishment of organizations according to Clause 19 of the Charter.

- Electing and dismissing leaders of the Association by secret ballot: President, Vice President, Secretary General, Standing Committee members of the Executive Board of the Association.

- Appointing and dismissing leadership positions of agencies established by the Association.

- Decide on the admission and removal of member status.

- Decide on the convocation of the General Congress or Congress of Delegates.

Article 15. President and Vice President of the Association:

1. The President of the Executive Board concurrently serves as the President of the Association, and the Vice President of the Executive Board concurrently serves as the Vice President of the Association. To ensure effective operation of the Association, these positions work on a full-time basis or have sufficient time to focus on their responsibilities.

2. The President of the Association has the following powers and responsibilities:

- Representing the Association before the law.

- Managing the Association's accounts, finances, and assets.

- Organizing the implementation of Congress resolutions, General Meeting resolutions, and Executive Board resolutions.

- Calling and chairing meetings of the Executive Board of the Association.

- Signing decisions on appointing and dismissing personnel under the Association based on Executive Board resolutions.

- Being accountable to the Executive Board and all members for the activities of the Association.

- Deciding on the establishment of subordinate organizations of the Association upon the recommendation of the Secretary General.

3. The Vice President of the Association assists the President in managing and operating the Association, directly responsible for and overseeing certain tasks of the Association upon the President's authorization and assignment, and is authorized to manage the work of the Executive Board in the absence of the President.

Article 16. Secretary General of the Association:

The Secretary General is elected by the Executive Board and has the following duties and powers:

- Representing the Association's Office in daily transactions.

- Organizing and managing the daily activities of the Association's Office.

- Managing the transaction files and documents of the Association.

- Establishing operational regulations for the Office and financial management regulations for the Association's assets, to be submitted to the Executive Board for approval.

- Regularly reporting to the Executive Board on the activities of the Association.

- Prepares annual reports and term reports of the Executive Committee.

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

- Being responsible before the Executive Board and the law for the activities of the Association's Office.

To assist the General Secretary in performing some of the above tasks, there shall be a Deputy General Secretary. The Deputy General Secretary shall be appointed by the Chairman of the Executive Board.

Article 17. The Association's Office:

1. The Association's Office operates under the regulations approved by the Executive Board.

2. The organizational structure of the Association's Office shall be approved by the Executive Board.

3. Staff members of the Office must be professionals with high responsibility, recruited through selection and working under contracts.

4. Annual operating funds for the Office shall be budgeted by the General Secretary, submitted to the Executive Board for approval, and voted on by the annual general meeting.

Article 18. Audit Committee:

1. The Audit Committee consists of one Chairperson elected by the General Assembly, comprising from three to five members. The term of the Audit Committee coincides with that of the Executive Board.

2. The Audit Committee operates independently from the Executive Board, according to regulations adopted by the General Assembly or the Member Representative Conference.

3. Expenses for the Audit Committee's activities serving the Association shall be covered by the Association's fund.

4. The Audit Committee has duties and powers:

- Inspecting and supervising the activities of the Association and all members in their compliance with the Charter, financial management regulations, and resolutions of the Association.

- Inform members of inspection results and recommend issues to be resolved to the Executive Board.

- The Chairperson of the Audit Committee may attend meetings of the Executive Board of the Association.

Article 19. Organizations and units subordinate to the Association:

The Association may establish several affiliated units engaged in research, application, business, services, consulting, etc. The establishment of these units must comply with legal provisions.

Chapter 5:

FINANCE AND ASSETS OF THE ASSOCIATION

Article 20. Finance and assets of the Association:

1. The revenues of the Association include:

- Membership fees and annual dues contributed by members in accordance with regulations.

- Sponsorship from organizations and individuals.

- Revenues generated from the Association's activities.

- Other sources of income.

2. Expenditures of the Association:

- Expenditures of the Association must ensure the principles of purposefulness, economy, effectiveness, and compliance with financial regulations, including:

- Expenses for the operations of the Office, Executive Board, Audit Committee, Conferences, Congresses, rent for headquarters, and purchase of equipment.

- Expenditures for information dissemination, propaganda, journalism, and publishing.

- Salaries and rewards for commendation.

- Expenditures for international relations activities.

- Other expenses.

3. The Executive Board, based on the Association's annual financial situation, proposes the level of annual membership dues and submits it for approval at the general assembly.

4. The Executive Board stipulates regulations on the management and use of the Association's financial resources and assets, consistent with the State's general financial regulations, and must report publicly to members at the annual general assembly.

5. Annual financial settlement reports are presented at regular congresses.

Chapter 6:

DISSOLUTION OF THE ASSOCIATION

Article 21. The Association ceases operations in the following cases:

1. The Association voluntarily dissolves upon a resolution by more than 50% of the total number of members.

2. The Association is dissolved if it does not operate continuously for twelve months.

3. Upon dissolution, the competent state agency shall appoint a liquidation committee. The liquidation committee is responsible for reporting the results of the liquidation to all members and relevant state agencies.

Chapter 7:

REWARDS AND DISCIPLINE

Article 22. Awards: Members who have made contributions to the development of the Association will be awarded.

Article 23. Disciplinary Actions: Members who act contrary to the Association's Charter, damaging the Association's reputation and interests, shall be subject to criticism or expulsion from the Association.

Chapter 8:

IMPLEMENTING PROVISIONS

Article 24. Any amendments or supplements to this Charter must be proposed unanimously by the General Assembly or the Member Representative Conference and must be approved according to legal provisions to become effective.

Article 25. These Statutes consist of 8 Chapters and 25 Articles, adopted by the Founding Congress on February 20, 2004, and shall take effect in accordance with the provisions of the law./.