Pursuant to …;

Regarding the approval of the Charter on Organization and Operation

of the Aerial Photogrammetry Company

————————————

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the State Enterprise Law on November 26, 2003;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment; Pursuant to Decision No. 127/2003/QĐ-TTg dated June 25, 2003 of the Prime Minister approving the overall plan for the reorganization and modernization of state-owned enterprises under the Ministry of Natural Resources and Environment for the period 2003-2005;

At the proposal of the Director of the Aerial Photogrammetry Company, the Department Head of the Personnel Organization Department,

Approves the Charter of the Organizational Structure and Activities of the Aerial Photogrammetry Company attached hereto.

DECISION:

Article 1. The Director of the Aerial Photogrammetry Company, the Department Head of the Personnel Organization Department, the Chief of the Office of the Ministry, Heads of agencies and units under the Ministry shall be responsible for implementing this decision./.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

- As Article 2

 

CHARTER

ORGANIZATION AND ACTIVITIES

The Aerial Photogrammetry Company (hereinafter referred to as the Company) is a state-owned enterprise under the Ministry of Natural Resources and Environment, operating for public interest in the fields of aerial photography, surveying, establishing and updating various types of topographic maps, cadastral maps, specialized maps, thematic maps at different scales using photogrammetric methods. The Company operates throughout the country.

 

The Company has:

International trade name is Aerial Photo - Topography Company, abbreviated as APT;

 

 

PART I

 

GENERAL PROVISIONS

 

Article 1. Legal personality under Vietnamese law;

Seal and emblem;

Accounts in Vietnamese currency and foreign currencies at the State Treasury, domestic and foreign banks in accordance with Vietnamese law;

Main office at No. 51, Huynh Thuc Khang Street, Dong Da District, Hanoi City;

Contact number: 04 8352000; 04 8351665;

Fax: 04 8351565;

Email: [email protected]

Branch in Ho Chi Minh City: No. 30, Street 3, Ward 4, Binh An Commune, District 2, Ho Chi Minh City;

Contact number: 08 8875557; Fax: 08 8998066;

Email: [email protected]

The Company operates in accordance with the Law on State-Owned Enterprises and other legal provisions applicable to enterprises engaged in public services.

The State assigns capital, assets, and other resources to the Company to fulfill public service tasks assigned by the State and the Ministry of Natural Resources and Environment.

The Company is responsible for preserving the assigned capital and assets, continuously accumulating and developing capital, fulfilling all financial obligations to the State; constantly improving equipment, technology, and management work to enhance product quality and reduce production costs.

Article 2.TASKS, POWERS AND RESPONSIBILITIES OF THE COMPANY

Tasks of the Company

1. Conduct aerial photography and process, print, and develop aerial film to serve the task of mapping topographic maps, cadastral maps, and other tasks; produce and sell products from aerial film according to the requirements of various sectors and localities;

 

Chapter II

2. Survey, establish, and update topographic maps, cadastral maps, specialized maps, and thematic maps at different scales using photogrammetric methods;

 

Article 3.3. Survey, establish various types of maps serving land resource investigation, planning, management, water resources, mineral resources, environment, meteorology, and hydrology; design and construct civil, industrial, transportation, and irrigation projects;

4. Establish national coordinate and elevation grids at various levels and cadastral coordinate grids;

5. Plan and prepare land use plans;

6. Build land information databases and geographic information systems;

7. Research, apply, and transfer technology in the field of surveying and mapping, land management, and meteorology and hydrology;

8. Train and upgrade technical workers in the field of topographic and cadastral surveying;

9. Provide consulting and services in the fields of surveying and mapping, land management, and basic resource and environmental surveys;

10. In addition to the main tasks above, the Aerial Photogrammetry Company may engage in other services both domestically and internationally in accordance with state regulations and laws governing state-owned enterprises and other relevant laws.

Powers of the Company

1. Manage and utilize capital, land, assets, and other resources assigned by the State to carry out production, business, and service tasks; expand other industries when permitted by the Ministry of Natural Resources and Environment and competent state management agencies;

2. Determine purchase and sale prices for its own production, business, and service products, except those products and services ordered and priced by the State, the Ministry of Natural Resources and Environment;

Article 4.3. Establish and apply labor norms, material consumption standards, wage rates, and other costs for each unit of product or service within the framework of state and Ministry of Natural Resources and Environment standards;

4. Cooperate with research institutions, universities, economic public service units, enterprises, and scientific and technological organizations both domestically and internationally to implement plans and expand the Company's activities in accordance with the law; allow staff and employees to travel abroad in accordance with the law and the delegation of authority by the Minister of Natural Resources and Environment;

5. Invest outside the enterprise in accordance with the law when necessary and with permission from the agency managing state capital and assets in enterprises and the Ministry of Natural Resources and Environment;

6. Borrow funds from credit organizations, other enterprises, and individuals (including employees of the enterprise) for production purposes in accordance with the law;

7. Use the enterprise's investment and construction funds for projects classified as Group B and C and bear responsibility for the effectiveness of such investments;

8. Collect, exchange, and disseminate information about scientific and technological progress and techniques in the industry both domestically and internationally.

6. Is entitled to borrow funds from credit organizations, other enterprises, and individuals (including employees of the enterprise) for production purposes in accordance with regulations;

7. Is entitled to utilize the enterprise's capital allocated for investment and construction for projects classified as Group B and C, and shall be responsible for the effectiveness of such investments;

8. Is entitled to collect, exchange information, and disseminate information on scientific and technological advancements and technical knowledge within the industry both domestically and internationally;

9. To select, hire, arrange, utilize, train, reward, discipline, and terminate employment for workers. The right to appoint, dismiss, increase salary grades, choose forms of remuneration and bonuses, and other rights of employers as stipulated by the Labor Code and other laws;

10. To organize additional production and business activities according to market demand and the company's capacity;

11. To request state management agencies to support and create favorable conditions regarding capital, infrastructure, equipment, and technology renewal to fulfill state tasks assigned by the Ministry of Natural Resources and Environment;

12. After fulfilling tax obligations, transferring losses as prescribed by the Law on Corporate Income Tax and other financial obligations under the law, establishing financial reserve funds and development investment funds. The remaining portion shall be decided by the company itself for distribution into welfare and reward funds;

13. To establish representative offices and branches in domestic and foreign locations with permission from the Ministry of Natural Resources and Environment, state agencies, and local authorities;

Article 5. Responsibilities of the Company

1. To register production and business operations as prescribed; to be responsible before the State for the results of the company's production and business activities, customers, and the law regarding products and services provided by the company;

2. To effectively utilize, preserve, and develop the capital allocated by the State; to effectively utilize assets, land, and other resources allocated by the State to fulfill production and business tasks;

3. To build a development strategy, production plans, business plans, and service plans suitable for assigned tasks and industry development strategies to submit to the Minister of Natural Resources and Environment for approval;

4. To ensure quantity and quality of products according to the plan of the Ministry of Natural Resources and Environment. To comply with commitments in economic contracts and service contracts with state agencies, organizations, collectives, and individuals;

5. To be subject to inspection and audit by the Ministry of Natural Resources and Environment and competent state agencies as prescribed by law;

6. To implement regular reporting and statistical systems as prescribed by the Ministry of Natural Resources and Environment and the State, and to be responsible for the authenticity of reports;

7. To publicly disclose annual financial reports and information to accurately and objectively assess the company's public benefit and business activities as prescribed by the State;

8. To fully perform obligations towards employees as prescribed by the Labor Code, state policies, and to promote democratic rights so that employees can participate in company management;

9. To fully comply with state regulations on natural resource protection, environmental protection, national security, and social order and safety;

10. To fulfill tax obligations and other payments to the state budget as prescribed;

11. To be responsible to capital investors for the use of capital to establish other enterprises;

 

Chapter III

ORGANIZATIONAL STRUCTURE OF THE COMPANY

 

Article 6.The head of the company is the General Director. The responsibilities, duties, and powers of the General Director are implemented as prescribed in Article 26 and Article 27 of the Law on State-Owned Enterprises. The General Director is the legal representative and is fully responsible before the law and the Minister of Natural Resources and Environment for all company activities;

The General Director has specific duties and powers as follows:

1. To accept capital, land, assets, and other resources allocated by the State and the Ministry of Natural Resources and Environment for management and utilization according to assigned goals, tasks, and company development directions; to use, preserve, and develop capital;

2. To build a development strategy, long-term and annual plans, investment proposals, joint ventures, organizational management schemes of the company, submit to the Minister for approval and organize implementation thereafter;

3. To issue economic-technical norms, product standards, wage rates for application within the company and other documents consistent with the law; to define tasks and powers of subordinate units based on the Company's Organization and Operation Charter;

4. To submit to the Minister for appointment, dismissal, rewards, and disciplinary actions against Deputy General Directors and Chief Accountants according to guidelines of the Ministry of Natural Resources and Environment;

5. To decide on selection, signing of contracts, acceptance, transfer, termination of contracts, appointment, dismissal, rewards, disciplinary actions, sending for training, and domestic and overseas assignments for cadres, staff, and workers according to the law and the Minister's delegation;

6. To determine purchase and sale prices for products and services in accordance with state regulations;

7. To report to competent state agencies on the results of the company's production, business, and service activities as prescribed by law;

8. To be subject to supervision by state agencies regarding the implementation of production, business, and service activities as prescribed by law;

Deputy General Directors assist the General Director. Deputy General Directors and Chief Accountants are appointed by the Minister of Natural Resources and Environment;

Deputy General Directors are assigned by the General Director to oversee specific areas of company work and are responsible to the General Director and the law for delegated tasks and authority;

The Chief Accountant assists the General Director in directing and organizing statistical, accounting, and financial work of the company and has duties, powers, and responsibilities as prescribed by current law;

Article 7. Organizational structure assisting the General Director of the company

1-                                                     Office;

2-                                                     Planning and Production Department;

3-                                                     Finance and Accounting Department;

4-                                                     Technical Department;

5-                                                     Product Quality Inspection Department;

6-                                                     Science, Technology, Natural Resources, and Environment Department;

7-                                                     Branch in Ho Chi Minh City;

The office and specialized departments have the function of advising the General Director in management and operation of company activities in each field;

The branch in Ho Chi Minh City represents the company to manage and operate activities in the southern region. The branch has its own seal and can open bank accounts as prescribed by law.

The Chief of the Office, Deputy Chief of the Office, Head of Department, Deputy Head of Department, Branch Director shall be appointed, relieved, rewarded, and disciplined by the Company's General Director. The Chief of the Office, Head of Department, and Branch Director shall be responsible to the Company's General Director for all activities of their respective units. The Deputy Chief of the Office and Deputy Head of Department shall be responsible to the Chief of the Office and Head of Department for the tasks assigned and delegated to them.

Article 8. Production Units under the Company

1. Aerial Photography and Image Processing Workshop;

2. Geodetic Map 102 Workshop;

3. Geodetic Map 205 Workshop;

4. Topographic Surveying Workshop;

5. Photogrammetry Workshop;

6. Digital Photogrammetry Drafting Workshop;

7. Southern Photogrammetry Drafting Workshop;

8. Southern Topographic Surveying Workshop;

9. Technical Service Center;

10. Resource and Environment Technology Application Center.

Production Units under the Company shall have their own seals, bank accounts, and operate as dependent accounting entities of the Company.

The head of each production unit under the Company is the Director. The Directors assist the Director with several Deputy Directors. The Directors and Deputy Directors of the production units shall be appointed and relieved by the Company's General Director.

The Director of a production unit under the Company shall be responsible to the Company's General Director for all activities of the unit. The Deputy Director shall be responsible to the Unit Director for the areas of work assigned and delegated to them.

The duties, powers, and responsibilities of the units and their Directors shall be specifically defined by the Company's General Director in the Organizational and Operational Regulations of each unit.

 

Chapter IV

FINANCIAL ASPECTS OF THE COMPANY

 

Article 9. The Company is an independent accounting entity prioritized by the state to invest sufficient capital equivalent to the public service tasks assigned.

Article 10. Capital of the Company

The capital of the Company includes:

1. Charter Capital: 132,000,000,000 VND (one hundred thirty-two billion VND)

2. Business capital at the end of December 2003 was 67,132,000,000 VND (sixty-seven billion one hundred thirty-two million VND);

3. Capital from state budget sources and annual supplementary capital according to current regulations of the State and other sources;

4. Profit after tax extracted according to current regulations.

When increasing or decreasing the Charter Capital, the Company must adjust it promptly in the balance sheet and announce the adjusted Charter Capital of the Company.

The Company implements accounting systems for public utility enterprises, fulfills all obligations to the state budget regarding taxes and other payments according to current regulations of the State.

Article 11.The Company has the responsibility to implement the Accounting Law, Statistics Law, and financial management and accounting regulations according to the provisions of the State.

 

Chapter V

THE WORKING GROUP OF EMPLOYEES IN THE COMPANY

 

Article 12. The Workers' and Staff Congress is a direct form for workers in the Company to participate in managing the Company. The Workers' and Staff Congress shall exercise the following rights:

1. Participate in discussing and drafting collective labor agreements to represent workers in negotiating and signing with the Company's General Director;

2. Discuss and approve regulations and rules directly related to the interests of workers in the Company;

3. Discuss and provide opinions on planning, evaluating the effectiveness of production and business management. Propose measures to protect workers, improve working conditions, living standards, both material and spiritual; issues related to environmental hygiene, training, and retraining of workers in the Company.

The organization and operation of the Workers' and Staff Congress in the Company shall be carried out according to the guidelines of the Vietnam General Confederation of Labor.

 

Chapter VI

RELATIONSHIPS OF THE COMPANY

 

Article 13. With the Ministry of Natural Resources and Environment

1. Strictly comply with and implement directives and decisions of the Minister related to the Company; follow the guidance, direction, and inspection of relevant agencies of the Ministry;

2. Seriously implement the planning and development strategy of the Company within the overall planning and development strategy of the industry;

3. Comply with the regulations of the State and the Ministry of Natural Resources and Environment on organizational cadres, financial systems, credit systems, and accounting and statistical systems;

4. Accept inspections and audits by relevant agencies of the Ministry regarding the implementation of laws, policies, systems, economic-technical norms, procedures, and regulations as stipulated by law.

Article 14.With localities

The Company shall be subject to state management and comply with administrative regulations and obligations towards People's Councils and People's Committees at various levels as state management agencies on its territory according to the law.

Article 15. With Party organizations and mass organizations in the Company

The Company shall be led by the Communist Party of Vietnam through the Party organization at the Company;

The Company respects and creates favorable conditions for Party organizations and mass organizations at the Company to operate;

Party organizations and mass organizations at the Company shall operate according to the Constitution, laws, and regulations of these organizations.

Chapter VII

IMPLEMENTING PROVISIONS

 

Article 16.This Charter applies to the Company of Topographic Photogrammetry. All units under the Company must comply with this Charter.

Article 17.Each subordinate unit of the Company shall base on the Organizational and Operational Charter of the Company to establish the Organizational and Operational Regulations of the unit, submit to the Company's General Director for approval. The Organizational and Operational Regulations of the unit shall not conflict with the Organizational and Operational Charter of the Company.

Article 18. In case of need to supplement or amend the Charter, the Company's General Director shall submit to the Minister of Natural Resources and Environment for approval.