Decision No. 20/2004/QĐ-BNV on approving the amended Statutes of the Vietnam Horticulture Association

Pursuant to …;

REGARDING THE APPROVAL OF THE AMENDED CHARTER OF THE VIETNAM VEGETABLE AND FRUIT GROWERS ASSOCIATION

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 102/SL-L004 dated May 20, 1995 on the right to establish associations;
Pursuant to Decree No. 88/2003/NĐ-CP dated July 30, 2003 of the Government on the organization, operation, and management of 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;
Considering the proposal of the Chairman of the Vietnam Vegetable and Fruit Growers Association and the Director of the Department for Non-Governmental Organizations,

DECISION:

Article 1. Approves the Charter of the Vietnam Vegetable and Fruit Growers Association which was adopted at the Fourth National Congress of Delegates on December 25, 2003.

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 Vegetable and Fruit Growers AssociationMaleand the Director of the Department for Non-Governmental Organizations shall be responsible for implementing this Decision.

CHARTER

VIETNAM VEGETABLE AND FRUIT GROWERS ASSOCIATION
(Amended)

Chapter 1

Name of the Association:

Article 1. Name of the Association: The Association shall be named the Vietnam Vegetable and Fruit Growers Association, abbreviated as VACVINA, and internationally as Vietnam Gardening Association.

Article 2. The Vietnam Vegetable and Fruit Growers Association is a professional social organization with economic-technical characteristics, of a mass nature, operating voluntarily, uniting and cooperating to develop VAC economy, aiming to increase income, improve living standards, protect the legitimate rights and interests of the Association and its members, contribute to building and developing sustainable agriculture, producing goods for trade, improving and protecting the environment, conserving national resources, and constructing new rural areas in the direction of industrialization and modernization.

Article 3. The Vietnam Vegetable and Fruit Growers Association is a member of the Vietnam Fatherland Front and the Vietnam Association for Science and Technology.

Chapter 2 TASKS AND POWERS OF THE ASSOCIATION

Article 4. Scope of Operation: The Association operates throughout the country. The headquarters of the Association is located in Hanoi, the capital of the Socialist Republic of Vietnam. Depending on the requirements of the Association, it may have representative offices in provinces and centrally-administered cities according to state regulations.

The Association has legal personality, possesses a seal, and maintains a separate account at a bank.

Article 5. Tasks:

Article 5. Tasks:

1. Propaganda and education on the viewpoints, policies, and laws of the Party and State regarding the development of VAC economy, family economy, farm economy, environmental protection, and sustainable development. Mobilize members to participate in the movement to develop the VAC economy model. Make recommendations and provide opinions to the Party and State on policies and measures to encourage the development of the VAC economy.

2. Build and develop the Association increasingly stronger, motivate the enthusiasm and creative labor capacity of members, unite and cooperate to help each other develop the VAC economy based on exchanging experiences, disseminating, and applying scientific and technological achievements to increase productivity, quality, and economic efficiency of various crops and livestock. Create conditions for members to assist each other in capital, labor, and technical facilities, product preservation and consumption, and build and develop the gardening profession strongly, meeting the increasing demands of the market.

3. Propagate and disseminate technical experience in developing the VAC economy, provide scientific and technological services, supply seedlings and other technical materials, process and consume products. Publish training materials, technical dissemination materials, and economic management materials, train, educate, and professionally upgrade members, transfer technology according to the law.

4. Cooperate with international organizations and individuals related to exchange experiences, business cooperation, inspection tours, seek cooperation and assistance, introduce scientific and technological progress into the VAC economy according to the law.

5. Participate with state agencies in organizing training on VAC economic-ecological knowledge and providing necessary information to members. Provide consultancy and critical comments on issues within the scope of the Association's activities upon request from organizations and individuals.

6. Participate in providing opinions to state agencies when required for the issuance of regulatory documents related to the Association's activities. Recommend to competent state agencies on issues related to the development of the Association and the field of its activities.

Article 6. Powers and Duties:

1. Representing members in internal and external relations related to the purposes, functions, and tasks of the Association, protecting the legitimate rights and interests of the Association and its members. Organizing and coordinating activities between Association organizations and members for the common benefit of the Association, mediating disputes within the Association.

2. Raising funds for the Association based on membership fees from members and income from business and service activities in accordance with the law to cover operational expenses. Receiving lawful financial support from domestic and foreign organizations and individuals in accordance with the law.

3. The Association may join international and regional associations as prescribed by the Government.

Chapter 3 MEMBERS

Article 7. Members

1. Individual Members: Vietnamese citizens directly engaged in VAC economic activities or working in relation to gardening professions and VAC economy, meeting the following conditions shall be recognized as members of the Association. - Agreeing with the Charter of the Association; voluntarily submitting an application to join the Association; - Enthusiastic, cooperative spirit, capable of engaging in VAC economic activities or interested in and willing to help develop VAC economy. - Paying membership fees and participating in organizational activities at a grassroots level of the Association; - Being admitted by a grassroots Association organization.

2. Honorary Members: Vietnamese citizens who enthusiastically assist and support the Association's activities both spiritually and materially, and have made significant contributions to the development of VAC economy, shall be invited by the Association to become honorary members.

Article 8. Tasks of Members:

1. Actively laboring, producing, and working, applying advanced techniques to enhance the effectiveness of gardening professions, promoting the development of gardening and VAC economy. Continuously exchanging professional knowledge, improving scientific and technical skills, and understanding about management of VAC economy. Promoting, mobilizing, disseminating experiences, helping other members and gardeners, serving as core figures in the development of VAC economy.

2. Strictly implementing all policies of the Party and the State regarding family economy, farmstead economy, environmental protection, and sustainable development.

3. Actively building the Association, complying with the Charter of the Association and its resolutions, regularly participating in Association meetings. Participating in promotional activities, developing new members, expanding the influence and reputation of the Association, mobilizing public support for Association activities.

4. Paying membership fees and dues.

Article 9. Benefits of Members.

1. Regularly receiving the Association's dissemination of experience, training in scientific and technical skills, enhancing knowledge and proficiency through various forms: - Receiving or being introduced to materials by the Association on production, management, technology, and other relevant materials concerning VAC ecosystem and VAC economy. - Participating in club activities, attending seminars, training courses, and domestic and international field trips organized by the Association.

2. Receiving assistance and sponsorship from the Association in research projects, protecting authorship rights for research works, innovations, and inventions, safeguarding legitimate rights and interests in production and product consumption according to Party policy and state laws.

3. Being introduced by the Association to Association bases, production and business establishments, localities, and foreign organizations for production contracts, seedling supply, product processing and sales, technical consultancy... Depending on the Association's economic conditions, obtaining loans from the Association fund and receiving assistance when facing difficulties in production and living. Being introduced and assisted in obtaining credit for VAC development.

4. Discussing, voting, questioning, and criticizing all Association affairs, electing and running for positions in Association leadership bodies.

5. Having the right to resign from the Association.

Chapter 4 ORGANIZATION OF THE ASSOCIATION

Article 10. The Vietnam Gardening Association shall organize and operate on the principles of voluntariness, self-management, and self-financing.

The Vietnam Gardening Association shall be organized as follows: At the central level: The Vietnam Gardening Association. At provincial levels (hereinafter referred to as provinces): Provincial Gardening Associations. At district levels (hereinafter referred to as districts): District Gardening Associations. At commune levels (hereinafter referred to as communes): Commune Gardening Associations. Depending on local circumstances, the People's Committee of the province shall decide on the establishment of associations at the provincial, district, and commune levels according to the provisions of the law.

Article 11. The highest leadership body of the Association is the National Congress of the Vietnam Gardening Association.

- Delegates attending the Congress include members of the Central Executive Board of the Association and delegates elected or appointed by the provincial associations. - The number of delegates from each province and association is determined by the Central Executive Board but must be at least equal to the number of delegates from that province serving on the Central Executive Board. The National Congress has the following tasks: - To review and evaluate the activities of the Association during the previous term and decide on the direction, goals, tasks, and measures for the new term. - To approve and amend the Charter. - To elect the Central Executive Board. - To decide important issues regarding the purpose, objectives, tasks, and powers of the Association. The National Congress is held every five years, and the Central Executive Board may convene it earlier or later if two-thirds of the Central Executive Board members or two-thirds of the provincial associations request it.

Article 12. The Central Executive Board is responsible for leading the Association between Congress sessions. The number of Central Executive Board members is decided by the Congress.

The Central Executive Board meets regularly once a year and may convene extraordinary meetings when requested by more than half of the Central Executive Board members.

Article 13. The Central Executive Board has the following responsibilities:

- To lead the implementation of the Congress resolutions and the Association's Charter. - To develop and direct the implementation of the operational regulations and programs of the Association. - To decide on the organization of regular and extraordinary congresses. - To elect the Central Standing Board and its Chairperson and Deputy Chairpersons. - To elect the Central Inspection Board. - To elect additional or remove Central Executive Board members. The number of additional members elected cannot exceed one-third of the total number of Central Executive Board members elected by the Congress.

Article 14. The Central Standing Board consists of the Chairperson, Deputy Chairpersons, and some members, elected by the Central Executive Board. The number of members of the Central Standing Board is decided by the Central Executive Board but cannot exceed one-third of the total number of Central Executive Board members.

The Central Standing Board represents the Central Executive Board in managing the Association's operations between Central Executive Board meetings and must report on their work at each Central Executive Board meeting. The Central Standing Board appoints a Permanent Working Group consisting of the Chairperson and some standing members specialized in the Association's work to manage daily operations under the guidance of the Central Standing Board. The Central Standing Board has the following responsibilities: - To lead the implementation of the Central Executive Board's decisions between Central Executive Board meetings. - To appoint and dismiss leaders of specialized boards, organizations under the Association, and the Chief of the Association's Office. - To establish the program and report on the Association's activities as prescribed by the Central Executive Board. - To monitor the activities of provincial associations and direct the operations of organizations under the Central Association. The Central Standing Board convenes regularly every three months. Upon the Chairman's proposal, the Central Standing Board may convene extraordinary meetings when necessary.

Article 15. The Inspection Board shall have the following tasks:

- Inspect the implementation of resolutions of the Congress, resolutions from higher levels, and those of its own level. - Inspect compliance with the Charter, resolutions, decisions, and operational regulations of the Association. - Inspect the financial affairs of the Association.

Article 16. The President of the Association shall preside over meetings of the Central Executive Board and the Standing Board of the Association, oversee the implementation of resolutions of the Central Executive Board and the Standing Board, and be responsible for all activities of the Association.

Deputy Presidents shall be assigned by the President of the Association to lead specific areas of work and shall be accountable to the President and the Executive Board.

Article 17. Depending on the situation and work requirements, the Central Standing Board may establish or dissolve specialized boards, centers, production and service companies (hereinafter referred to collectively as organizations). The establishment of organizations under the Association shall comply with the provisions of the law.

Article 18. Provincial, District, and Commune Horticultural Associations.

The Provincial, District, and Commune Horticultural Congresses shall convene once every five years. The Congress shall have the task of summarizing the activities of the Association during the term, deciding on the direction, goals, and tasks for the next term, electing representatives to attend higher-level Congresses, electing the Executive Board. The number of members of the Executive Board of the Provincial, District, and Commune Horticultural Associations shall be decided by each respective Congress. The Executive Board at the provincial, district, and commune levels may supplement members to the Executive Board or relieve some members of their positions. The number of supplementary members shall not exceed one-third of the total number of members elected. The Executive Board shall have the responsibility to implement the Charter of the Association, decisions of the Congress and higher authorities, approve the organizational and operational regulations of the Association, elect the Standing Board, President, and Vice-Presidents, the Inspection Board, and lead all aspects of the Association's work between terms.

Article 19. Branches shall be organized in villages, wards, hamlets, neighborhoods, etc. Branches are the grassroots organizations of the Association in communes. Where there are five members or more, a branch can be established. Members in the branch shall convene to elect a Branch Head, a Deputy Branch Head, and a Secretary. Branches shall hold regular monthly meetings to facilitate member participation in building the Association and exchanging experiences in developing their professions.

Branches with many members engaged in specialized production may form specialized branches to facilitate activities and develop their professions.

Article 20. Depending on economic and social conditions in each place, based on the voluntary initiative of the masses, new types of Association organizations may be established and developed: cooperative organizations, VAC cooperative societies according to the Law on Cooperatives.

Chapter 5 ASSOCIATE ORGANIZATIONS

Article 21. Production, business, and service units related to horticulture and VAC economic development, if they voluntarily apply to join the Association, the Central Standing Board shall consider and decide to recognize them as associate units of the Association.

Article 22. Units recognized as members of the Association shall have the obligation to operate in accordance with state laws, the Charter of the Association, and the general guidance directions of the Association; to develop their activities towards serving the VAC economic development movement well; and to contribute to the Association's activity fund.

They shall be provided with necessary information about the Association's activities; participate in meetings related to their unit's activities; cooperate and collaborate with other Association units in production, business, services, processing, and product consumption; be entrusted to organize the implementation of socio-economic projects of the Association or act as partners in relations with domestic and foreign organizations.

Article 23. When a member unit of the Association fails to fulfill its obligations as stipulated in Article 23 and it is deemed unnecessary, the Executive Board shall decide to cease recognizing such unit as a member unit of the Association.

A member unit of the Association may request to cease being a member unit of the Association.

Chapter 6 THE ASSOCIATION'S FUND, ASSETS, AND FINANCES

Article 24. Membership fees.

Paying membership fees is the obligation of members. The level of membership fees is decided through discussions among members. After local branch associations collect membership fees, they will remit a certain percentage to higher-level associations. The rate of remittance (or exemption from remittance) of membership fees is determined by the Central Committee.

Article 25. The assets of the Vietnam Gardening Association include movable property (bonds, stocks...) and immovable property (houses, land, means of transportation, working equipment, warehouses, workshops, gardens...) directly managed by the Central Association. Assets of companies, business service organizations, experimental centers, training centers... established and funded by the Central Association; assets contributed by the Central Association or any level of the Association to joint ventures or cooperative organizations. All these assets are managed in accordance with the provisions of the law.

Article 26. Financial resources of the Association.

- Membership fees paid by members. - Income from production and business activities and economic, scientific, and technical services provided by the Association in accordance with the law. - Funds and materials provided for humanitarian projects and development supported by the State and domestic and foreign organizations. - Voluntary contributions and support from members and member organizations of the Association. - State budget support according to the provisions of

Chapter 7 REWARDS AND DISCIPLINE Article 27: Organizations of the Association, cadres, and members who have outstanding achievements in economic development and building the Association will be rewarded by the Association and recommended for rewards by state agencies and People's Committees at all levels.

Article 28. Organizations of the Association, cadres, and members 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, and fail to pay membership fees will be criticized or removed from the Association's list depending on the severity of their mistakes.

Organizations of the Association, cadres, and members who cause damage to the Association's assets and finances must compensate for losses and face disciplinary actions by the Association (warnings, removal from the Association's list, dismissal, or may be prosecuted under the law depending on the severity of their offenses).

Chapter 8 IMPLEMENTATION PROVISIONS

Article 29. The Charter of the Vietnam Gardening Association consists of 8 chapters and 30 articles, which was approved at the Fourth National Congress on December 25, 2003, and became effective according to the approval decision of the Ministry of Home Affairs.

Article 30. Only the National Congress of the Association has the right to amend the Charter.