Decision No. 31/2005/QĐ-BNV on Approving the Charter of the Vietnam Family Planning Association

Pursuant to …;

Regarding the approval of the Charter of the Vietnam Family Planning 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 the organization, operation, and management of associations;

Considering the proposal of the Vietnam Family Planning Association and the Director of the Department for Non-Governmental Organizations, Ministry of Home Affairs,

DECISION:

Article 1. Approves the Charter of the Vietnam Family Planning Association which was adopted at the Third General Assembly on October 23, 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 Family Planning 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

Vietnam Family Planning Association

(Attached to Decision No. 31/2005/QĐ-BNV signed by the Minister of Home Affairs on March 4, 2005

approving the Charter of the Vietnam Family Planning Association)

PART I

GENERAL PROVISIONS

Article 1. Name of the Association

The Association takes the name: Vietnam Family Planning Association, hereinafter referred to as "the Association."

English name: Vietnam Family Planning Association, abbreviated as VINAFPA

Address: 138A Giang Vo Street, Hanoi, Vietnam.

Telephone: 84-4-8461142/43; Fax: 84-4-8447232.

Email: [email protected]

The Vietnam Family Planning Association is a non-governmental professional social organization that gathers individuals and organizations without regard to origin, gender, ethnicity, religion, political views, disability, or age in the admission of members, provision of information services, and selection of staff or any other field within the Association's work, with a passion for participating in activities in the specialized field of Population/Reproductive Health/Family Planning.

The Association's operations follow the national strategy on Population/Reproductive Health/Family Planning for the happiness of the people based on humanitarian principles.

The Association's operational objectives are non-profit. All income, goods, and assets of the Association may only be used to achieve the goals pursued by the Association and may not be lent or used as shares for any member or employee of the Association.

Article 2. Nature of the Association

The Vietnam Family Planning Association is a professional social organization. The Association has legal personality, its own seal, financial independence, and a bank account.

The main office of the Association is located in Hanoi. Depending on operational needs, the Association may request permission to establish representative offices or Branch Associations in certain localities within the country according to the law.

Article 3. Principles of Operation of the Association

The Association operates under the laws of the Socialist Republic of Vietnam and the provisions of this Charter.

The principles of operation of the Association are voluntary, self-management, financial self-sufficiency, democracy, consultation, and unified action.

The Vietnam Family Planning Association is a member of the Vietnam Fatherland Front and a member of the International Planned Parenthood Federation (IPPF). The Association operates according to the Charter's mission and purpose and respects the IPPF Charter.

The Vietnam Family Planning Association is subject to state management by the National Committee for Population, Family, and Children and receives support from the Committee as provided by law.

Chapter II

TASKS AND POWERS OF THE ASSOCIATION

Article 4. Tasks of the Association:

4.1. Assist members in enhancing their knowledge through extensive dissemination of information and provision of counseling and services related to Population/Reproductive Health/Family Planning, expanding publicity not only among members but also in the community, including minors and young adults, especially those in poverty and remote areas. Mobilize and persuade them to change behavior, take care of reproductive health, implement family planning, and fulfill parental responsibilities to positively contribute to the national Population/Reproductive Health strategy.

4.2. Enhance the knowledge and skills of members in information counseling, education, communication, and behavior change communication regarding Population/Reproductive Health/Family Planning so they can operate more effectively in communities.

4.3. Cooperate with relevant ministries, departments, and organizations within the country to promote the implementation of Population/Reproductive Health/Family Planning programs. At the same time, cooperate with family planning associations in other countries and international organizations concerned with the field of Population/Reproductive Health/Family Planning to seek support in resources, technology, and experience exchange, thereby enhancing the influence of the Association to serve the national Population and Reproductive Health program more effectively.

4.4. Establish the Association's Fund through various forms of solicitation, fundraising, and lawful activities. Receive, manage, and use assets, gifts, grants, and other benefits in accordance with state law and the commitments made to supporting organizations and individuals.

Article 5. Powers of the Association:

5.1. Represent members in providing opinions on legal documents related to the rights, obligations, and legitimate interests of members.

5.2. Coordinate with relevant domestic organizations to effectively achieve the Association's goals.

5.3. Join domestic and international organizations with compatible objectives according to state regulations and international practices.

5.4. Establish subordinate units as needed to fulfill the Association's tasks. Develop high-quality service centers for Population/Reproductive Health/Family Planning counseling and services accessible to all groups without discrimination, ensuring that accepting one service does not conditionally require acceptance of another.

Chapter III

MEMBERS

Article 6. Members:

Vietnamese citizens aged 18 and above who agree with the Association's Charter may apply to join the Association.

Honorary Members: Individuals with high social standing and significant contributions to the Association, invited by the Association as honorary members. These members respect the Association's Charter but do not participate in elections or pay membership fees.

Formal members are Vietnamese citizens aged 18 years or older who voluntarily submit an application or registration to join the Association upon agreeing with and implementing the objectives of the Association, and are accepted by the grassroots Association.

Collective members: Each organization, agency, or unit wishing to become a collective member of the Association must submit an application and complete all required documentation as stipulated and send it to the Standing Committee for review.

Article 7. Obligations of Members:

- Strictly adhere to the Charter and regulations of the Association, and resolutions of the Executive Board of the Association;

- Participate in the activities of the Association as per resolutions adopted by the Congress or the Executive Board of the Association;

- Pay membership fees and other dues fully and in accordance with regulations;

- Protect the reputation of the Association: may not use the name of the Association in transactions that do not arise from the interests of the Association. Specifically, when using the name of the Association in transactions, they must report to the Central Standing Committee;

- Promote and disseminate the objectives of the Association among the people, develop members, and mobilize the people to implement the Population/Reproductive Health/Family Planning program to contribute to improving population quality;

Set an example in fulfilling civic duties within the National Population/Reproductive Health/Family Planning Program. Maintain unity, foster consensus for the common goals of the units they participate in. Do not embezzle, waste, or misuse the name of the Association for personal gain or enrichment.

Article 8. Rights and benefits of members:

8.1. Members have the right:

8.1.1. To participate in elections and run for positions in leadership bodies at various levels of the Association. All members admitted to the Association who have paid their membership fees fully are eligible to vote and run for positions in leadership bodies at various levels of the Association, except for the following four categories:

a) Members who are salaried employees of the Association,

b) Members who have not paid membership fees for more than half a year,

c) Members involved in work related to the provision of goods, services, and financial resources of the Association;

d) Honorary members.

8.1.2. Each member is entitled to cast only one direct ballot, and if delegating authority, must provide a written authorization as prescribed by law.

8.1.3. To propose, vote on, and monitor all activities of the Association.

8.1.4. To participate in activities of local Family Planning Associations, branch associations, or sub-branch associations.

8.1.5. Personal files of members are retained and updated annually at local association offices.

8.1.6. To request withdrawal from the Association.

8.2. Benefits of members:

8.2.1. To be trained and provided with appropriate knowledge about Population/Reproductive Health/Family Planning and skills in mobilizing and persuading the masses.

8.2.2. To be commended by the Association if actively and effectively participating in its activities.

8.2.3. To be informed about the situation of programs and finances of the Association.

Article 9. Procedures for joining the Association:

Organizations and individuals who agree with the Charter of the Association voluntarily submit an application to join the Association (using the prescribed form), which is sent to the Standing Committee of the corresponding Association level if they are collective members, or to the Branch Executive Board if they are individual members. Upon acceptance by the Standing Committee of the corresponding Association level or the Branch Executive Board, a decision to admit them as members of the Association will be issued.

Article 10. Procedures for terminating membership rights:

A member who voluntarily requests to withdraw from the Association must submit an application or report during a branch meeting, and must obtain agreement from two-thirds of the members of the branch before being removed from the list of members. The rights and obligations of the member will cease immediately thereafter.

Chapter IV

MANAGEMENT AND ADMINISTRATIVE STRUCTURE

Article 11. The management and administrative structure of the Association:

- The National Congress of the Vietnam Family Planning Association,

- The Executive Board, the Standing Committee, and the Central Executive Board of the Association,

- The President and Vice-Presidents of the Association,

- The Inspection Board,

- The Central Office of the Association,

- The Director-General,

- Subordinate units of the Association: specialized boards (Scientific Council...); Magazine, consulting and service centers of the Association.

Article 12. Organization of the Association

The Vietnam Family Planning Association is established at both central and local levels.

At the central level, it is the Vietnam Family Planning Association.

At the local level, it is the Local Family Planning Association established by the Decision of the People's Committee of the province/city directly under the Central Government (hereinafter referred to as the province) and subject to management by the People's Committee of the province in accordance with the law.

Article 13. The National Congress of the Vietnam Family Planning Association

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

- Provincial/City Associations, as collective members of the Vietnam Family Planning Association, elect representatives to attend the National Congress. For every 5,000 members, one additional representative is elected, but no more than 15 representatives per provincial/city Association.

- Current members of the Central Executive Board of the Association are delegates to the Congress.

Main tasks of the Congress term:

- Approving amendments to the Charter of the Association (if any)

- Discussing the final report and future directions of the Association's activities.

- Discussing and providing feedback on the midterm report and inspection report of the Executive Board and the Inspection Board.

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

- Electing the Executive Board; the Inspection Board.

- Discussing and adopting the Resolutions of the Congress.

The Executive Board may convene an extraordinary National Congress to address urgent issues of the Association, upon the proposal of the President of the Executive Board when more than 50% of the total number of Executive Board members request it or more than two-thirds of the total number of members request it.

Notice of the Congress must be given at least 30 days in advance. The summons to the National Congress must clearly state the agenda and be sent to all delegates at least two weeks before the meeting date.

Resolutions of the National Congress are passed by majority voting, with the form of voting determined by the Congress.

Article 14. The Executive Board

The Executive Board is the highest leadership body between two Congresses.

The number of Executive Board members is decided by the Congress.

The Executive Board is elected by the Congress, with the election method determined by the Congress. Lists of proposed and candidate members must be approved by the Congress. The term of the Executive Board is five years. Central Executive Board members cannot serve continuously for more than three terms (15 years).

The Executive Board operates according to the Regulations of the Executive Board.

The Executive Board convenes at least once a year upon the call of the Chairman of the Executive Board. Sessions of the Executive Board are considered valid when two-thirds of the total number of Executive Board members are present.

Decisions and resolutions of the Executive Board are adopted by voting and only become effective when more than 50% of the total number of attending Executive Board members agree. In case of an equal number of votes for and against, the side with the opinion of the Chairman of the Executive Board will be approved.

The Executive Board has duties and powers:

· To decide on measures to implement resolutions of the Congress;

· To decide on annual work plans or between sessions of the Executive Board;

· To approve financial plans and final accounts for the term and annually of the Association;

· To resolve issues arising between Congress sessions;

· To prepare content, agendas, and documents to be submitted to the Congress (including extraordinary Congresses) and the annual General Assembly;

· To specify principles, management systems, financial regulations of the Association, organizational and operational rules of the Association's Office;

· To elect and dismiss leadership positions of the Association: President, Vice Presidents, Executive Director, Standing Committee members, and members of the Executive Board.

Article 15. Central Standing Committee of the Association

The Central Standing Committee consists of the President, Vice Presidents, and some members elected by the Executive Board. The number of Standing Committee members shall not exceed one-third of the total number of Executive Board members and should include at least 50% women. The Central Standing Committee is the leading body of the Association between two sessions of the Central Executive Board.

Meetings of the Central Standing Committee require the presence of at least two-thirds of the total number of members, and all decisions must be approved by a majority vote of attending members.

Duties and powers of the Central Standing Committee:

1. To direct the implementation of resolutions of the Executive Board and Standing Committee and address necessary issues between two sessions of the Executive Board.

2. To review and report to the Executive Board on the implementation of policies, plans, and programs, and budgets as proposed.

The Central Standing Committee meets regularly every three months. Information about time, location, and agenda of Standing Committee meetings will be communicated to members ten days in advance.

Article 16. Central Permanent Standing Committee.

The Central Permanent Standing Committee consists of the President and Vice Presidents representing the Standing Committee to lead all activities of the Association between two sessions of the Standing Committee.

The Central Permanent Standing Committee has the following responsibilities:

1. To lead the Central Office Director and Executive Director in organizing and implementing strategic plans, all tasks, programs, and projects of the Association.

2. To select, appoint, and sign contracts or terminate the Executive Director after receiving a Decision from the Executive Board.

3. To prepare issues for discussion and decision-making by the Standing Committee.

4. To cooperate with various levels of government, state agencies, organizations, international bodies, and family planning associations of other countries. To represent the Standing Committee in signing cooperation documents with these organizations in the field of Population/Reproductive Health/Family Planning, subject to Resolution or Decision approving such agreements in writing by the Standing Committee, and to bear legal responsibility for such signings.

5. To organize other lawful activities to build the Association's fund according to legal provisions.

6. To develop budget allocation plans for the Association's programs and projects annually as stipulated by the Executive Board.

7. To establish policies and criteria for selecting and sending staff for training and professional development to be submitted to the Executive Board for approval.

8. The Permanent Standing Committee works full-time and holds regular coordination meetings at least once a month.

Article 17. President and Vice Presidents of the Association:

The Chairman of the Executive Board concurrently serves as the President of the Association, and the Vice Chairman of the Executive Board concurrently serves as the Vice President of the Association.

The President has rights, responsibilities:

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

- To manage the Association's account, finances, and assets.

- To organize and implement resolutions of the Congress, the General Assembly, and resolutions of the Executive Board.

- To convene and chair meetings of the Executive Board.

- To sign decisions on the appointment and dismissal of personnel under the Association based on resolutions of the Executive Board according to Clause 14.8, Article 14 of the Charter.

- To be responsible before the Executive Board and all members of the Association for the Association's activities.

- To decide on the establishment of affiliated organizations of the Association based on the proposal of the Executive Director, after receiving a Resolution or Decision of the Executive Board according to Clause 6, Article 6 of the Charter.

The Vice President assists the President in managing and operating the Association; is entrusted and directly assigned to oversee and manage certain Association tasks; is authorized to manage the affairs of the Executive Board in the absence of the President.

Article 18. Central Office of the Association:

The Central Office of the Association is the administrative body of the Association, operating under regulations approved by the Executive Board.

- The organizational structure of the Association's Office is approved by the Executive Board.

- Staff of the Office must be highly qualified professionals with high responsibility, recruited through annual contracts.

- Annual operating funds of the Office are budgeted by the Central Office Director, submitted to the Executive Board for approval and voted on by the annual Executive Board meeting.

- The Central Office Director manages and directs all activities of the Central Office under the direct guidance of the Central Permanent Standing Committee.

Article 19. Project IPPF Executive Director:

The Project IPPF Executive Director is selected by the Central Permanent Standing Committee in collaboration with the representative of IPPF for East, Southeast Asia, and Oceania, with the following responsibilities:

- To represent the Central Office in daily transactions with the International Planned Parenthood Federation office.

- To organize, manage, and operate daily activities of projects funded by IPPF.

- To manage transaction records and documents of the Vietnam Family Planning Association with IPPF-funded projects, to draft operational guidelines and financial management regulations for submission to the Executive Board for approval.

- Prepare draft reports on a regular basis for meetings of the Standing Committee, the Executive Board, and the Congress report on activities of projects funded by IPPF during the term of office.

- Manage lists, files, and documents related to members and affiliated organizations.

- Be responsible before the Standing Committee, the Standing Committee, the Central Executive Board, and the law for the activities of projects funded by IPPF.

- The Director must strictly perform the functions and tasks prescribed by IPPF and the Association.

- The Director may attend meetings of the Executive Board and the Central Standing Committee but has no voting rights.

Article 20. Supervisory Board:

The Supervisory Board consists of one Chairperson elected by the Congress and includes from three to five members. The term of the Supervisory Board is the same as that of the Executive Board.

The Supervisory Board operates according to regulations approved by the National Congress.

Expenses for activities serving the Association by the Supervisory Board shall be covered from the Association's fund.

The duties and powers of the Supervisory Board include monitoring and supervising members and organizations of the Association in complying with the Charter and legal provisions.

Report the results of inspections to members and make recommendations to the Executive Board regarding issues that need resolution.

The Chairperson of the Supervisory Board may attend meetings of the Executive Board.

Article 21. Affiliated Organizations and Units:

The Association may establish research, application, business, service, advisory units, etc. The establishment of these units must comply with legal regulations.

Chapter V

FINANCE AND ASSETS OF THE ASSOCIATION

Article 22. Financial Resources and Assets of the Association:

Sources of income of the Association include:

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

- Sponsorship from organizations and individuals.

- Income generated from the Association's activities.

- Other sources of income.

Expenditures of the Association:

- Expenditures of the Association must adhere to the principles of purposefulness, thrift, effectiveness, and financial regulations, including:

- Expenditures for the operations of the Office, the Executive Board, the Supervisory Board, meetings, Congresses, rent for premises, purchase of equipment.

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

- Expenditures for construction, equipping, and repairing facilities and working equipment.

- Salaries and rewards for commendation.

- Expenditures for international relations activities.

- Other expenditures.

The Executive Board, based on the Association's annual financial situation, proposes the annual membership fee level and approves it at the General Meeting.

The Executive Board establishes regulations on the management and use of financial resources and assets of the Association in accordance with the general financial regulations of the State and must report publicly to members at the Annual General Meeting.

Submit the annual financial settlement report at the regular Congress.

Chapter VI

DISSOLUTION OF THE ASSOCIATION

Article 23. Termination of the Association's Activities

The Association terminates its activities in the following cases:

- The Association voluntarily dissolves according to a resolution by more than 50% of the total number of members.

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

- Upon dissolution, the competent state agency decides to dissolve the Association and appoints a liquidation committee. The liquidation committee is responsible for reporting the results of the liquidation to all members and relevant state agencies.

Chapter VII

REWARDS AND DISCIPLINE

Article 24. Awards:

Members who have made outstanding contributions to the development of the Association will be rewarded.

Article 25. Disciplinary Measures:

Members who violate the Association's charter and harm the Association's reputation and interests shall be subject to disciplinary measures such as criticism, warning, or expulsion from the Association.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 26. Amendment of the Charter

Any amendment or supplement to this Charter must be unanimously proposed by the General Assembly of the Association and approved by the Minister of Home Affairs to become effective.

Article 27. Effectiveness

These Statutes consist of 8 Chapters and 27 Articles, adopted by the Third Term Congress of the Vietnam Family Planning Association on October 23, 2004./.