Decision No. 244/QD-BNV approves the Charter (amended and supplemented) of the Vietnam Port-Waterway-Offshore Association.

Pursuant to …;

Approving the Charter (amended and supplemented) of the Vietnam Port-Waterway-Offshore Engineering Association

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 THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 102/SL-L004 dated May 20, 1957 promulgating the Law on the Right to Establish Associations;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 88/2003/NĐ-CP dated July 30, 2003 of the Government stipulating the organization, operation, and management of associations;

Considering the proposal of the Chairman of the Vietnam Port-Waterway-Offshore Engineering Association and the Director of the Department for Non-Governmental Organizations,

DECISION:

Article 1. Approves the Charter (amended and supplemented) of the Vietnam Port-Waterway-Offshore Engineering Association which was adopted at the Fourth National Congress (2009-2014) on December 5, 2009.

Article 2. This Decision takes effect from the date of signature.

Article 3. The Chairman of the Vietnam Port-Waterway-Offshore Engineering Association, the Director of the Department for Non-Governmental Organizations, and the Head of the Office of the Ministry of Home Affairs shall be responsible for implementing this Decision./.

CHARTER (AMENDED AND SUPPLEMENTED)

Vietnam Port-Waterway-Offshore Engineering Association
(Approved by Decision No. 244/QĐ-BNV dated March 24, 2010 of the Minister of Home Affairs)

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 Chapter I

NAME OF THE ASSOCIATION, AIMS, AND OBJECTIVES

Article 1. Name

1. Vietnamese name: Vietnam Port-Waterway-Offshore Engineering Association

2. International name: VIETNAM ASSOCIATION OF PORT-WATERWAY-OFFSHORE ENGINEERING (abbreviation: VAPO)

Article 2. Aims and Objectives

The Vietnam Port-Waterway-Offshore Engineering Association (hereinafter referred to as the Association) is a voluntary professional social organization that gathers and unites individual and collective members working in the port-waterway-offshore engineering sector in Vietnam, striving together to develop the industry and contribute to building a civilized society with wealthy people and a strong country.

Article 3. Position

The Vietnam Port-Waterway-Offshore Engineering Association is under the state management of the Ministry of Transport regarding its activities. The Vietnam Port-Waterway-Offshore Engineering Association is a specialized association of the Vietnam Construction Federation under the Vietnam Association for Science and Technology.

The Vietnam Port-Waterway-Offshore Engineering Association may join organizations of similar associations in the region and internationally according to Vietnamese law.

Article 4. Scope of Activities, Legal Status, and Headquarters

The Vietnam Port-Waterway-Offshore Engineering Association operates nationwide in accordance with state laws and this Charter approved by the Minister of Home Affairs.

The Association has legal status, its own seal, and bank accounts (Vietnamese currency and foreign currencies) at the State Treasury and a press organ (magazines, publications...). The Association has a symbol as prescribed by law. The headquarters of the Association is located in Hanoi.

Depending on operational circumstances, the Association may establish representative offices or branch associations in certain localities and other organizational units of the Association in accordance with Vietnamese law.

Chapter II

TASKS AND POWERS

Article 5. Tasks of the Association

1. To gather, motivate, and assist members of the Association to promote solidarity traditions, improve professional expertise, and enhance professional ethics.

2. To perform advisory, critical, and social appraisal functions related to the port-waterway-offshore engineering sector.

3. To organize and implement specialized scientific and technological activities: construction consultancy; research and application topics; technical standards; training; technology transfer; professional and vocational upgrading.

4. To fulfill obligations and responsibilities towards the Vietnam Construction Federation. To cooperate with domestic, regional, and international science and technology associations (Hội KHKT) in accordance with Vietnamese law.

5. To protect the legitimate rights and interests of members and the Association.

6. To perform other tasks as prescribed by Vietnamese law on associations.

Article 6. Powers of the Association

1. Representing members in activities related to the objectives, purposes, and tasks of the Association.

2. Expanding cooperative relations with international organizations and domestic and foreign scientific and technological organizations relevant to the Association's professional activities.

3. Supporting and assisting members in implementing scientific research and technology activities, participating in evaluating scientific works and projects in the port, inland waterway, and continental shelf sectors.

4. Being authorized to publish standards, professional materials, and newsletters of the Association in accordance with the law.

5. The Association may raise funds to cover its operational expenses. The Association’s fund consists of income from membership fees, sponsorships from members; sponsorships from domestic and foreign organizations, and revenues from activities stipulated in Clause 2 and 3 of Article 5. All these sources of income must not contravene Vietnamese law.

6. Implementing other powers as prescribed by law on associations.

Chapter III

MEMBERS

Article 7. Members of the Association

Members of the Vietnam Port-Inland Waterway-Continental Shelf Association include: regular members (collective members, individual members), honorary members, and affiliated members.

Article 8. Regular Members

1. Collective members: Vietnamese organizations (holding companies, companies, institutes, schools...) operating in the port-inland waterway-continental shelf sector who voluntarily submit an application to join the Association shall be considered and recognized as collective members by the Association.

2. Individual members: Vietnamese citizens who are experts working in research, training, consulting, construction... related to the port-inland waterway-continental shelf sector, unable to join collective members, and who voluntarily submit an application to join the Association shall be considered and recognized as individual members.

Article 9. Honorary Members

Vietnamese citizens or organizations who cannot become collective or individual members of the Association but have contributed their efforts and intellect to the Association shall be recognized as honorary members by the Association.

Article 10. Affiliated Members

Affiliated members: joint ventures and wholly foreign-owned enterprises (hereinafter referred to as foreign-invested enterprises) legally operating in Vietnam, contributing to the development of the Association, agreeing with the Charter of the Association, shall be considered and recognized as affiliated members by the Association.

Article 11. Procedures for Joining the Association

1. For organizations wishing to join the Association, the representative of the organization must submit an application to join the Association, which will be reviewed and decided upon by the Chairman of the Association.

2. For individuals wishing to join the Association, they must submit an application to join the Association, which will be reviewed and decided upon by the Chairman of the Association.

3. Recognition of honorary members and affiliated members is decided by the Central Executive Board after review and must be reported at the Association's executive board meetings.

4. Honorary members and affiliated members can participate in the Association's activities and attend the Association's Congress; however, they do not participate in elections or run for positions on the Association's executive board, leadership roles within the Association, nor vote on Association matters.

Article 12. Procedures for Removing Membership Status

1. A member will be removed from the Association in the following cases:

a) The organization ceases operations, merges, dissolves, or goes bankrupt;

b) An individual no longer wishes to continue, is no longer capable due to health reasons, or has passed away;

c) A member violates discipline, professional ethics, or the Charter of the Association.

2. The decision to remove a member is proposed by the Central Executive Board and decided upon by the Chairman of the Association.

Article 13. Duties of Members

1. Respect and implement the Charter of the Association.

2. Promote national pride, creativity, professional integrity; continuously improve scientific and technological competence; be ready to contribute all abilities, knowledge, and specialized experience for the development of the Port-Waterway-Shelf industry, contributing to the country's economic and social development.

3. Participate in and disseminate activities of the Association.

4. Report their activities to the Association.

5. Pay membership fees fully as prescribed.

6. Promote member recruitment.

Article 14. Rights of Members

1. Propose, discuss, and criticize activities and work with the Association.

2. Receive moral and professional skill training.

3. Request the Association to intervene and protect their legitimate rights.

4. Nominate and be nominated for leadership positions within the Association (except honorary members and associated members as stipulated in Clause 4 of Article 11).

5. Propose awards.

6. Amend, adjust, and supplement activities and members of collective members.

7. Resign from the Association.

Chapter IV

ORGANIZATION OF THE ASSOCIATION

Article 15. Principles of Organization

The Vietnam Port-Waterway-Shelf Association organizes and operates according to democratic principles, minority obeys majority, voluntary participation, self-financing, and responsibility under the law and compliance with Vietnamese state laws.

Article 16. Organizational Structure of the Association

1. The organizational structure of the Association includes:

a) National Congress of Delegates;

b) Central Executive Board of the Association;

c) Central Standing Board of the Association;

d) Inspection Board of the Association;

đ) Office of the Association and specialized boards;

e) Subordinate organizations of the Association.

2. At the central level: Vietnam Port - Inland Waterway - Continental Shelf Association.

3. At the grassroots level: Collective and individual members.

Collective members must have a minimum of 5 (five) people, within the same organization or the same locality. Individual members are experts in the field who do not have the opportunity to join collective membership.

Article 17. National Congress of Delegates

1. The highest leadership body of the Association is the National Congress of Delegates, which convenes once every 5 (five) years for its term.

2. An extraordinary congress may be convened if at least 2/3 (two-thirds) of the total number of Central Executive Board members or at least 1/2 (one-half) of the total number of regular members request it, upon consideration and decision by the Central Executive Board.

3. Tasks of the Congress:

a) Summarize and evaluate the activities of the Association during the term, approve directions and action plans for the new term;

b) Approve and amend the Charter (if necessary);

c) Elect the Central Executive Board of the Association and the Inspection Board of the Association;

d) Approve the resolutions of the Congress.

Article 18. Central Executive Board of the Association

1. The leadership body between two terms of the Congress is the Central Executive Board of the Association (referred to as the Central Executive Board). The number of members of the Central Executive Board is determined and directly elected by the Congress. The number of additional members of the Central Executive Board shall not exceed 20% of the total number of Central Executive Board members. The Central Executive Board meets regularly once a year.

2. The Central Executive Board has the following tasks and powers:

a) Implement the resolutions of the Congress;

b) Implement the Charter of the Association;

c) Monitor the activities of members, boards, and subordinate organizations of the Association;

d) Elect the Central Standing Board of the Association: Chairman, Vice Chairmen, Secretary General, and other standing members;

đ) Approve the addition of Central Executive Board members;

e) Approve or reject the results of the activities of the Central Standing Board of the Association between two regular meetings of the Central Executive Board.

Article 19. The Central Executive Board of the Association

1. The Central Executive Board (referred to as the Executive Board) consists of the President, Vice Presidents, Secretary General, and regular members who are the permanent body assisting the Executive Committee in performing its tasks during the term of office.

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

a) Implementing or supervising the implementation of resolutions between two sessions of the Executive Committee;

b) Monitoring the activities of members and specialized committees of the Association;

c) Drafting plans and reporting on the activities of the Association;

d) Deciding on the establishment of specialized committees, scientific and technological organizations, and service organizations under the Association in accordance with Vietnamese law;

e) Recognizing collective and individual members;

f) Reporting the results of the Association's activities at regular meetings with the Executive Committee and other reports to related organizations when necessary;

g) The Executive Board meets regularly once every three months. Extraordinary meetings may be convened upon request by the President or the Secretary General of the Association.

Article 20. President of the Association

The President of the Association is directly elected by the Central Executive Committee of the Association.

The President of the Association is responsible for:

1. Chairing meetings of the Central Executive Committee and the Central Executive Board of the Association;

2. Overseeing all activities of the Association to implement resolutions of the Central Executive Committee and the Central Executive Board;

3. Being accountable under the law for all activities of the Association;

4. When necessary, the President of the Association may delegate authority in writing to a Vice President to perform the duties of the President.

Article 21. Vice Presidents of the Association

Vice Presidents of the Association are directly elected by the Executive Committee and assigned by the President to lead specific areas of the Association's activities.

Article 22. Secretary General of the Association and the Secretariat of the Association

1. The Secretary General of the Association is directly elected by the Executive Committee, is responsible for handling tasks delegated by the President, and leads and directs the Secretariat in carrying out daily activities of the Association's Office.

2. The Secretariat of the Association includes several members who are members of the Executive Committee proposed by the Secretary General and appointed in writing by the Central Executive Board. The Secretariat assists the Secretary General in implementing the Association's activities.

Article 23. Inspection Board of the Association

The Inspection Board of the Association is directly elected by the National Congress from among the official members present at the Congress. The number of members of the Inspection Board is decided by the Congress. The term of the Inspection Board is five years, corresponding to the term of the Executive Board. The Inspection Board consists of a Chairman, Deputy Chairman, and several members. The Chairman and Deputy Chairman are elected from among the members of the Inspection Board.

The Inspection Board assists the Central Executive Board in inspecting:

1. Compliance with the Charter of the Association.

2. Implementation of resolutions of the Executive Board of the Association.

3. Complaints and petitions related to the activities of the Association and its members.

4. Financial resources and assets of the Association.

5. Other inspections as decided by the Central Executive Board.

Article 24. Specialized Committees and Subordinate Organizations

1. When necessary, the Central Executive Board may consider and decide to establish specialized committees, economic organizations, and service centers to generate financial resources to support the development of the Association. The establishment of subordinate organizations of the Association shall comply with the law.

2. The Executive Board of the Association specifies the tasks, organizational regulations, and operations of the Association's Office, specialized committees, and subordinate organizations.

Chapter V

ASSETS AND FINANCES OF THE ASSOCIATION

Article 25. Sources of income and expenditures of the Association

1. The assets and finances of the Association shall be managed and utilized in accordance with the regulations of the Standing Board of the Association and the guidelines and regulations of state management agencies.

2. The financial resources of the Association include:

a) Membership fees. The level of membership fees is determined annually by the Executive Board of the Association for individual members and organizational members;

b) State sponsorship and sponsorship from organizations both within and outside the country;

c) Income from scientific and technological activities and other service activities within the framework of the law.

3. Expenditures of the Association:

a) Expenses for the activities of the Association's Office;

b) Expenses for the Association Congress, the Executive Board Meeting, and the Permanent Board Meeting of the Association and for commendation and awards;

c) Other lawful expenditures.

Chapter VI

REWARD AND DISCIPLINE

Article 26. Awards

Organizations and members of the Association who have outstanding achievements in Association work will be awarded by the Association or recommended to the Vietnam Construction General Association, the Vietnam Association for Science and Technology, and competent state authorities for awards.

Article 27. Disciplinary Measures

Organizations and members who violate the following provisions: damaging the reputation of the Association; violating the Charter of the Association shall be subject to disciplinary measures such as reprimand, warning, and removal from the list, depending on the severity of the violation.

The Central Executive Board of the Association shall stipulate the content, authority, and procedures for handling disciplinary measures.

Chapter VII

IMPLEMENTING PROVISIONS

Article 28. Procedures for Amending and Supplementing the Charter

Only the National Congress of the Vietnam Port - Inland Waterway - Continental Shelf Association has the right to amend and supplement this Charter.

Article 29. Effective Date

1. The Charter (amended and supplemented) of the Vietnam Port - Inland Waterway - Continental Shelf Association consists of seven Chapters and twenty-nine Articles, which were approved at the Fourth National Congress (2009-2014) on December 5, 2009, in Hanoi, and came into effect according to the approval decision of the Minister of Home Affairs.

2. Based on the laws regarding associations and the Charter of the Association, the Central Executive Board of the Vietnam Port - Inland Waterway - Continental Shelf Association is responsible for guiding and implementing this Charter./.