Decision No. 29/2005/QD-BNV Regarding the Approval of the Charter of the Vietnam Association of Former Volunteer Youth

Pursuant to …;
Regarding the approval of the Charter of the Vietnam War Veterans' 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 Decree No. 88/2003/NĐ-CP dated July 30, 2003 on organization, operation, and management of Associations;

Considering the proposal of the Vietnam War Veterans' Association and the Director of the Department for Non-Governmental Organizations, Ministry of Home Affairs,

DECISION:

 Article 1. Approves the Charter of the Vietnam War Veterans' Association which was adopted at the First Founding Congress on December 19, 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 War Veterans' Association, the Director of the Department for Non-Governmental Organizations, the Head of the Office of the Ministry of Home Affairs shall be responsible for implementing this Decision.

 

CHARTER

 

Vietnam War Veterans' Association

(annexed to Decision No. 29/2005/QĐ-BNV signed by the Minister of Home Affairs on March 1, 2005

regarding the approval of the Charter of the Vietnam War Veterans' Association)

GENERAL PROVISIONS

The Vietnam War Veterans' Association is a social organization that gathers the masses who participated and successfully completed their tasks during the resistance war. The Association continues to promote the tradition established by President Ho Chi Minh, educates and trains its members; has made outstanding contributions in the wars to defend the country and liberate the nation; has been honored with the title of Heroic Military Forces by the Party and State.

The Vietnam War Veterans' Association is a member of the Vietnam Fatherland Front; closely linked with the Ho Chi Minh Communist Youth Union. The Association represents former cadres and members of the Volunteer Youth Force who have completed their tasks in the two anti-French colonialism and anti-American imperialist wars, unites and mobilizes the spirit and traditions of the Volunteer Youth Force to create new strength, encourages members to actively participate in serving the cause of national renovation, sets a good example in life, contributes to educating the younger generation, and serves as historical witnesses to support the government in resolving outstanding issues related to policies for former Volunteer Youth Force members.

PART I

NAME, AIMS, PRINCIPLES OF ORGANIZATION AND OPERATION

PRINCIPLES OF ORGANIZATION AND OPERATION

Article 1.

Name: Vietnam War Veterans' Association

The main office is located in Hanoi.

Address: No. 5, Chua Lang Street, Dong Da District, Hanoi City.

Article 2. Aims and Objectives:

The Association gathers and unites former cadres and members of the Volunteer Youth Force who have completed their tasks in the two anti-French colonialism and anti-American imperialist wars, supports and helps each other in life, eliminates poverty, and conducts activities of comradeship.

Conducts activities to protect the rights and legitimate interests of members, contributing to assisting the government in resolving outstanding issues related to policies for former Volunteer Youth Force members.

Encourages each other to promote the nature and traditions of the Volunteer Youth Force, contributing to the education of the younger generation by the Ho Chi Minh Communist Youth Union about the spirit of volunteering to serve the successful renovation of the homeland and the nation.

Article 3. Principles of organization and operation.

The Association organizes and operates according to the principles of voluntariness, democracy, consultation, and consensus.

The Association has legal personality, seals, and separate bank accounts; it is a self-managed organization that is responsible before the law.

Chapter II

TASKS, RIGHTS, OBLIGATIONS OF THE ASSOCIATION

Article 4. Tasks of the Vietnam War Veterans' Association.

4.1. Encourage and assist members to strive to overcome difficulties to live healthily, happily, and beneficially for themselves, their families, and society. Promote comradeship activities, help each other eliminate poverty in the families of former Volunteer Youth Force members.

4.2. Promote traditions and the nature of the Volunteer Youth Force, encourage physical and intellectual efforts to participate in patriotic movements initiated by the Party, Government, Fatherland Front, and political-social organizations. Actively participate in the All-People Solidarity Movement for Cultural Life Building; struggle against social evils and violations of the law, contributing to protecting political security and social order.

4.3. Identify cases of unresolved policy issues for former Volunteer Youth Force members, assist authorities in reviewing and establishing files to request competent agencies to resolve them. Collect information about places where comrades sacrificed, organize searches and repatriation of remains to martyrs' cemeteries.

4.4. Coordinate with the Ho Chi Minh Communist Youth Union to implement measures to educate revolutionary traditions and the traditions of the Volunteer Youth Force among young people.

Article 5. Rights of the Association.

5.1. Organized according to Government Decree No. 88/2003/NĐ-CP and Decision No. 64/2004/QĐ-BNV of the Minister of Home Affairs, the Association is provided conditions by state agencies with authority to operate effectively according to the Prime Minister's decision, the activities of the Association fall within the scope supported by the state budget for implementation of activities related to state tasks.

5.2. The Association has the right to provide opinions on legal regulations related to the Association and former Volunteer Youth Force members, has the right to make recommendations to competent Party and state agencies regarding policies and systems for former Volunteer Youth Force members; express the thoughts and aspirations of former Volunteer Youth Force members to Party and state agencies and the Vietnam Fatherland Front and other relevant organizations.

5.3. The Association can raise funds based on membership fees and income from business and service activities in accordance with the law. The Association can receive lawful financial support from domestic and foreign organizations and individuals in accordance with the law.

Article 6. Obligations of the Association.

6.1. Activities of the Association must comply with the Charter approved by the Ministry of Home Affairs.

6.2. The Association complies with inspections and audits by state agencies with authority regarding compliance with the law.

Chapter III

MEMBERS

Article 7. Membership criteria, procedures for joining and leaving the Association:

7.1. Criteria and conditions for becoming a member: former Volunteer Youth Force members who participated and completed their tasks in the resistance war, agree with the Charter of the Association, voluntarily join upon examination and acceptance by the Association.

7.2. Members wishing to leave the Association must report the reasons clearly to the Branch Committee for examination and report to the higher-level Branch Committee for decision.

Article 8. Rights and obligations of members.

8.1. Members have the right to participate in organizational activities within the Association, to run for election or be nominated to the Executive Committee of the Branch Association and the Executive Committee of the Association; through the Branch Association and the Executive Committee of the Association, they can present and make recommendations to Party organizations, State authorities, and the United Front about their concerns and aspirations related to policies for former Youth Volunteers.

8.2. Members have the right to request assistance from the Executive Committee of the Branch Association and the Executive Committee of the Association in both spiritual and material terms when encountering difficulties.

8.3. Members are obligated to participate in Association activities, pay membership fees, and engage in activities that foster camaraderie among former Youth Volunteers, uphold and refine their character and ethics, set exemplary models in life to educate children and grandchildren within their families, and contribute to educating younger generations. In cases where they cannot participate due to difficulties, they must report to the Executive Committee of the Branch Association.

Chapter IV

ORGANIZATION, MANAGEMENT AND ADMINISTRATION SYSTEM

Article 9. The organization, management, and administration system of the Association includes:

- The General Assembly.

- The Congress of Delegates.

- Executive Board.

- The Board of Directors of the Association.

- President, Vice Presidents, and General Secretary of the Association.

- The Audit Board.

- Association Office.

- Subordinate units.

The Association of Former Youth Volunteers is established at the central level and local levels. At the central level, it is the Vietnam Association of Former Youth Volunteers.

At the local level, it is the Local Association of Former Youth Volunteers (including Provincial, City, District, County, Commune, Ward Associations of Former Youth Volunteers). Local Associations of Former Youth Volunteers are established based on the requirements and voluntary participation of former Youth Volunteers residing and operating in the same area within the same locality, upon decision by the Chairman of the People's Committee of the province or centrally-administered city in accordance with the provisions of the law.

Article 10. Congress.

10.1. The Congress is the highest authority of the Association. The Congress is held every five years.

10.2. The main tasks of the Congress include:

- Approving the Charter; approving amendments and supplements to the Charter (if any).

- Discussing the final report of the term and the direction of activities for the new term of the Association.

- Discussing and providing feedback on the self-assessment report of the Executive Committee and the Inspection Committee.

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

- Electing the Executive Committee.

- Discussing and approving the Resolution of the Congress.

10.3. The Executive Committee may convene an extraordinary Congress to address urgent issues of the Association if at least two-thirds (2/3) of the total number of Executive Committee members or at least half (1/2) of the total number of regular members propose it.

10.4. Resolutions of the Congress adopted by voting must be approved by more than half (1/2) of the attending delegates. The form of voting is decided by the Congress.

Article 11. Executive Committee.

11.1. The Executive Committee is the leadership body of the Association between two Congresses.

11.2. The number of Executive Committee members is determined by the Congress. The Executive Committee consists of the Chairperson, Vice-Chairpersons, Secretary-General, and members of the Board of Directors.

11.3. The method of electing the Executive Committee is decided by the Congress. Lists of candidates for the Executive Committee positions must be approved by the Congress. The term of the Executive Committee is five years. If there is a need to supplement or replace Executive Committee members within the approved quota, the newly elected members will be proposed by the Board of Directors.

11.4. The Executive Committee has its own operational regulations.

11.5. The Executive Committee meets at least twice a year. Sessions of the Executive Committee are considered valid when at least two-thirds (2/3) of the total number of Executive Committee members attend.

11.6. Decisions and Resolutions of the Executive Committee are adopted by voting and become effective when at least two-thirds (2/3) of the attending Executive Committee members approve them.

11.7. The Executive Committee has duties and powers.

- Electing and dismissing leadership positions of the Association: Chairperson, Vice-Chairpersons, Secretary-General, Head of the Inspection Committee, and members of the Board of Directors.

- Determining measures to implement the Congress Resolutions.

- Determining the annual work program.

- Approving the financial plan and settlement for the term and annually submitted by the Secretary-General.

- Preparing content, programs, and materials for the Congress (including extraordinary Congress).

Establishing principles and systems for managing and using the Association's finances and assets, regulations for the operation and activities of the Association Office, and subordinate units.

- Determining the admission and dismissal of member status.

- Determining the convening of the Congress.

Article 12. Board of Directors of the Association.

12.1. The Board of Directors represents the Executive Committee between sessions. The Board of Directors consists of the Chairperson, Vice-Chairpersons, and some members elected by the Executive Committee.

12.2. The Board of Directors meets once every three months.

12.3. The Board of Directors has the following powers and responsibilities:

- Representing the Executive Committee to manage the Association's operations between sessions.

- Representing the Executive Committee to work and liaise with agencies and localities regarding matters related to former Youth Volunteers.

- Preparing content for Executive Committee meetings and activities according to the Board of Directors' and Executive Committee's resolutions.

- Establishing and dissolving subordinate organizations of the Association.

- Selecting, appointing, and dismissing leadership positions in organizations established by the Association.

- Representing the Executive Committee to handle matters arising between sessions and reporting the results to the Executive Committee at the next session.

Article 13. Chairperson and Vice-Chairpersons of the Association:

13.1. The Chairperson of the Executive Committee concurrently serves as the Chairperson of the Association, and the Vice-Chairpersons of the Executive Committee concurrently serve as the Vice-Chairpersons of the Association.

13.2. The Chairperson of the Association has the following powers and responsibilities:

- To represent the legal entity of the Association before the law.

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

- Organizing and implementing Congress Resolutions and Executive Committee decisions, and Board of Directors' decisions.

- Convening and chairing meetings of the Executive Committee and the Board of Directors.

- Establishing specialized committees according to the Executive Committee's and Board of Directors' decisions.

- Signing decisions to appoint and dismiss leadership positions in organizations established by the Association according to the Board of Directors' resolutions or decisions.

- Being accountable to the Executive Committee and all members for the Association's activities.

- Approving personnel for the Association Office and deciding to establish other organizations of the Association based on the Secretary-General's proposal after obtaining the Executive Committee's and Board of Directors' resolutions or decisions.

13.8. The Vice Presidents of the Association, assigned by the President to oversee specific areas, shall manage and direct the operations of the Executive Board and the Presidium when the President is absent.

Article 14. Secretary General of the Association.

The Secretary General, elected by the Executive Board, shall have the following duties and powers:

- Representing and managing the regular activities of the Association according to the requirements of the Executive Board and the President of the Association.

- Managing the records and documents of the Association.

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

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

- Drafting annual reports and term reports of the Executive Board.

- Managing lists, records, and documents related to affiliated organizations and members of the Association.

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

Article 15. The Office of the Association.

15.1. The Office of the Association operates according to the regulations established by the Executive Board.

15.2. The organizational structure of the Office of the Association is approved by the Presidium of the Association. Personnel of the Office are appointed and approved by the Chairman of the Association from a recruitment committee.

15.3. Staff of the Office must be professionals suitable for working under contractual terms.

15.4. The annual operating budget of the Office is prepared by the Secretary General and submitted to the Executive Board for voting and approval.

Article 16. Supervisory Board.

16.1. The Supervisory Board, elected by the Executive Board, consists of three to five members. The term of the Supervisory Board is the same as that of the Executive Board.

16.2. The Supervisory Board has the following duties and powers:

- Inspecting and supervising the implementation of the Charter and resolutions of the Association.

- Auditing the financial activities of the Association in accordance with current regulations.

16.3. The Chairperson and permanent members of the Supervisory Board may attend meetings of the Executive Board.

16.4. The Association covers the expenses directly related to the activities of the Supervisory Board.

Article 17. Affiliated Organizations and Units.

The Association may establish service and advisory units. The establishment of these units must comply with legal provisions and require a resolution or decision of the Executive Board, Presidium, or the President of the Association, who is responsible for managing and operating these units under the law and to the Executive Board and Presidium.

Chapter V

FINANCE

Article 18. Sources of funding for the Association include:

- Membership fees.

- State support as stipulated by the Prime Minister.

- Revenues from the Association's activities and donations from individuals and organizations both domestically and internationally.

- The Central Executive Board of the Association establishes principles and systems for managing and using the Association's funds in accordance with state regulations.

- The Association's finances are audited annually by the Supervisory Board and reported to the Executive Board.

Chapter VI

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 19. Awards.

Members, staff, and organizations of the Association with outstanding achievements shall be awarded by the Association and recommended for awards by state agencies and the Vietnam Fatherland Front.

Article 20. Handling Violations:

- A member who commits serious offenses and is sentenced to imprisonment or higher by a court shall be expelled from the Association upon recommendation by the Executive Board of the Branch to the higher-level Executive Board.

- A member who voluntarily ceases participation in the Association's activities for six months or more without valid reasons, after being reminded by the Executive Board of the Branch, may be removed from the membership list upon a general meeting of the Branch and recommendation to the higher-level Association.

- In cases where the Executive Board or its head of the Association or Branch abuses their position to act contrary to the Charter, fails to comply with its provisions, or deliberately extends their term, such actions shall be reported and addressed by the Association or its members to the competent state authority in accordance with Government Decree 88.

Chapter VII

AMENDMENTS TO THE CHARTER AND IMPLEMENTATION PROVISIONS

Article 21. Amendments and Supplements to the Charter.

Only the General Assembly or the National Congress of the Vietnam Veterans' Association has the right to amend and supplement the Charter, which must be approved by the Minister of Home Affairs to become effective.

Article 22. Implementation clause.

These Statutes consist of 7 Chapters and 22 Articles, which were adopted by the Founding Congress of the Association on December 19, 2004./.