Decision No. 41/2004/QĐ-BNV Regarding the Approval of the Charter of the Vietnam Association for Labor Export

DECISION

Regarding the approval of the Charter of the Vietnam Association of Labor Export

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 Chairman of the Vietnam Association of Labor Export and the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Approves the Charter of the Vietnam Association of Labor Export which was adopted at the First Founding Congress on April 7, 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 Association of Labor Export and the Director of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision.

 

 

 

 

 

CHARTER

Vietnam Association of Labor Export
(adopted at the Founding Congress of the Association on April 7, 2004)

Chapter 1

GENERAL PROVISIONS

Article 1. Name:

Name: Vietnam Association of Labor Export (hereinafter referred to as the Association);

English name: "Vietnam Association of Manpower Supply", abbreviated as: VAMAS;

The main office is located in Hanoi, the capital city;

Address: No. 2 Dinh Le Street, Hoan Kiem District, Hanoi;

Telephone: 8 250653;

Fax: 8 254728 Email:

Depending on operational needs, the Association may request permission to establish additional representative offices and branch associations in certain domestic locations in accordance with the law.

Article 2. Nature of the Association

The Vietnam Association of Labor Export is a social-professional organization representing the rights and interests of the community of Vietnamese labor export enterprises (members of the Association), having legal personality, seals, self-funding, and being allowed to open accounts in both Vietnamese currency and foreign currencies at banks within the territory of Vietnam.

The Association is a non-governmental organization operating under its Charter, complying with state laws, receiving state sponsorship, and being subject to state management by the Ministry of Labor, Invalids, and Social Affairs.

The Association is a voluntary organization of enterprises licensed to operate in labor export, subordinate units of enterprises assigned the task of labor export according to current laws (hereinafter referred to as subordinate units of enterprises), some managers, organizations, and individuals engaged in fields related to Vietnamese labor export.

Article 3. Purpose of the Association

The purpose of the Association is to coordinate and link the activities of labor export enterprises, managers involved in labor export activities, relevant agencies, organizations, and individuals both domestically and internationally who are concerned and contribute to the development of the Vietnamese labor export industry; mobilize, encourage, and support members to enhance their knowledge, research, propose solutions to address issues in the labor export sector, assist each other effectively, create conditions for equal development of members, and protect the legitimate rights and interests of members.

Chapter 2

PRINCIPLES OF OPERATION, TASKS AND POWERS OF THE ASSOCIATION

Article 4. Principles of Operation

1. Voluntary and self-management.

2. Equality.

3. Financial self-sufficiency.

4. Legal responsibility.

Article 5. Tasks of the Association

1. Promote and guide members to implement state policies, laws on labor export.

2. Assist members in enhancing the effectiveness of labor export operations, competitiveness, expanding markets, improving economic and social quality and efficiency. Provide information about overseas labor markets, reception conditions, customs, traditions, laws of receiving countries...

3. Develop and promote forms of cooperation and coordination among members based on voluntarism and mutual benefit. Organize joint activities to foster mutual understanding, build cooperative relationships, and consensus among members.

4. Mediate disputes arising between labor export enterprises if requested.

5. Protect the legitimate rights and interests of the Association and its members. Represent members in reflecting their wishes and proposals to the Party and State regarding issues related to the development of the labor export sector.

6. Develop the Association's organization, membership, material foundations, expand the scope of activities, establish and develop international cooperation of the Association.

Article 6. Powers of the Association:

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

2. Coordinate with relevant organizations both domestically and internationally to achieve all objectives of the Association.

3. Join domestic and international organizations with compatible goals in accordance with state regulations and international practices.

Chapter 3

MEMBERS

Article 7. Members

Members of the Association include enterprises licensed to operate in labor export, subordinate units of enterprises, some managers, organizations, and individuals engaged in fields related to Vietnamese labor export, who agree with the Charter of the Association and voluntarily apply to join the Association.

Members of the Association include:

a) Regular members: Vietnamese enterprises licensed to operate in the labor export sector according to current laws, and some officials from state agencies introduced. In cases where an enterprise assigns labor export tasks to subordinate units, no more than two (2) subordinate units can participate as members.

b) Associate members: Joint ventures or wholly foreign-owned enterprises operating in sectors related to labor export, willing and voluntarily applying to join the Association. Associate members do not have voting rights on Association matters and cannot run for or be nominated for leadership positions in the Association.

c) Honorary members: Individuals with prestige, experience, and positive contributions to the Association, recognized by the General Assembly of Members or the Executive Board of the Association. Honorary members do not have voting rights on Association matters and cannot run for or be nominated for leadership positions in the Association.

3. Members are legal entities (enterprises, units under enterprises, or organizations) that appoint their representatives to the Association. The representative must have the authority to decide on all matters and their full name and position must be clearly stated in the application for membership. In cases of delegation, the delegated representative must have the authority to decide and the delegator shall be responsible for such delegation. When changing the representative, the member must notify the Executive Board of the Association in writing.

The head of the enterprise, unit under the enterprise, or organization (General Director/Manager) is the natural authorized representative.

Article 8. Rights of Members

1. Members enjoy the support and assistance of the Association including:

Protection of their legitimate rights.

Timely provision of necessary information related to labor export activities. Provision of training and advisory services regarding issues related to labor export marketing organized by the Association.

Participation in all activities organized by the Association.

Enjoyment of support and assistance from domestic and foreign organizations mobilized by the Association.

Confidentiality of business-related information.

2. Members may propose issues related to state agencies and other organizations through the Association; they have the right to discuss and question the management organizations and individuals of the Association regarding all policies and activities of the Association.

3. In addition to the aforementioned rights, official members have the right to vote, nominate, and elect members to the Executive Board and other positions within the Association.

4. Upon joining the Association, members retain their legal entity status and the autonomy of the legal entity.

Article 9. Obligations of Members

1. Strictly comply with the Charter and regulations of the Association, resolutions of the Congress or General Meeting, and decisions of the Executive Board of the Association;

2. Participate in the activities of the Association;

3. Pay membership fees fully and in accordance with regulations;

4. Protect the reputation of the Association and not use the name of the Association in transactions unless assigned by the Chairman of the Executive Board of the Association.

Article 10. Membership procedures

1. Enterprises (units under enterprises) and managers mentioned in Clause 2a of Article 7 above, who voluntarily register to join the Association and attend the founding Congress, are recognized as members of the Association.

2. After the founding Congress, labor export enterprises, units under enterprises, managers, organizations, and individuals operating in fields related to labor export wishing to join the Association must submit an application for membership at the Association's office and will be recognized as members when at least two-thirds of the Executive Board members agree to admit them.

Membership application documents include:

Application for membership;

Member registration form according to the prescribed model;

Notarized copy of the decision on establishment and business license (for enterprises and organizations);

Curriculum vitae of the authorized representative, accompanied by two 4x6 photos (for enterprises and organizations).

3. Members must pay membership fees within fifteen days from the date of admission. The amount of membership fees is determined by the Congress or General Meeting and may be adjusted annually to suit actual conditions.

4. The Executive Board must notify all members of new members within thirty days from the date of new members' admission.

Article 11. Conditions and procedures for terminating membership rights

1. A member who voluntarily requests to withdraw from the Association must submit an application to the Executive Board. The rights and obligations of the member will terminate upon the Executive Board's announcement of approval.

2. A member may be expelled if they violate any of the following circumstances:

Seriously affecting the reputation of the Association.

Seriously violating the Charter and other regulations of the Association.

Failing to pay membership fees within 60 days from the second notice issued by the Association.

A member will be expelled when at least two-thirds (two-thirds) of the total number of Executive Board members agree. The expulsion decision becomes effective from the date of signature.

3. When a business goes bankrupt, its operating license is revoked, or an individual member passes away or is unable to participate in the activities of the Association due to lack of conditions or capability, or violates the law during the enforcement period. The rights and obligations of the member will terminate upon the Executive Board's announcement.

4. The Executive Board must notify all other members of the list of members leaving the Association within fifteen days from the date of signature.

Chapter 4

ORGANIZATION, MANAGEMENT AND ADMINISTRATION SYSTEM

Article 12. Organization and management structure of the Association

General Assembly, Full Member Conference,

Executive Board,

President, Vice Presidents of the Association,

Supervisory Board,

Secretary-General of the Association,

Association Office,

The Standing Committee of the Association consists of the President, Vice Presidents, and the Secretary-General.

Article 13. General Assembly and Full Member Conferences

1. The General Assembly is the highest authority of the Association. It is held every three years. The Full Member Conference is held annually in the years without a General Assembly.

2. Main tasks of the General Assembly:

Approving the Charter; approving amendments and supplements to the Charter,

Discussing the final report of the previous term and the direction of activities for the new term of the Association,

Discussing the self-criticism report of the Executive Board and the Supervisory Board for the term,

Discussing and approving: the settlement of the previous term and the financial plan for the new term of the Association,

Electing the Executive Board and the Supervisory Board,

Discussing and approving the resolutions of the General Assembly.

3. Main tasks of the Annual General Meeting:

Discussing the final report of the previous year and the work plan for the new year of the Association.

Discussing and approving: the settlement of the previous year and the financial plan for the new year of the Association.

Discussing and voting on issues proposed by the Executive Board, the Supervisory Board, or members.

4. The Executive Board may convene an extraordinary General Assembly or Full Member Conference to address urgent matters of the Association when at least two-thirds (two-thirds) of the total number of Executive Board members or at least half (one-half) of the total number of formal members request it.

5. The summons for the General Assembly or Full Member Conference must clearly state the agenda, time, place, and be sent to all members at least two weeks before the meeting.

6. Resolutions of the General Assembly or Full Member Conference adopted by voting must be approved by more than half (one-half) of the attending formal representatives. Each formal member has one vote. In case of inability to attend the General Assembly or Full Member Conference, the member representative can delegate another person as stated in Clause 3 of Article 7. The form of voting is decided by the General Assembly or Full Member Conference.

Article 14. The Executive Board

1. The Executive Board is the leading body of the Association between two General Assemblies.

2. The number of Executive Board members is determined by the General Assembly. The Executive Board has one President, three to four Vice Presidents, and one Secretary-General.

3. The method of electing the Executive Board is determined by the General Assembly. The list of nominated and candidate members must be approved by the General Assembly. The term of the Executive Board is three years. In cases where additional members need to be appointed among those already approved by the General Assembly, the Executive Board can elect new members recommended by the Association President.

4. The Executive Board operates according to the Rules established and approved by the Executive Board.

5. The Executive Board meets at least twice a year upon the call of the Executive Board Chair. Sessions of the Executive Board are considered valid when at least two-thirds (two-thirds) of the total number of Executive Board members attend.

6. Decisions and resolutions of the Executive Board are adopted by voting and become effective when at least two-thirds (two-thirds) of the attending Executive Board members approve.

7. The Executive Board has the duties and powers:

To elect and dismiss leadership positions of the Association: President, Vice Presidents, Secretary-General, and Head of the Supervisory Board,

To select, appoint, and dismiss leadership positions of organizations established by the Association,

To decide on measures to implement General Assembly resolutions,

To decide on annual or interim work plans between Executive Board meetings,

To approve the financial plan and settlement of terms and years presented by the Secretary-General for submission to the Full Member Conference or General Assembly,

To resolve issues arising between General Assemblies,

To prepare content, agendas, and documents for the General Assembly (including extraordinary General Assemblies) and annual Full Member Conferences,

To specify detailed principles, management systems, financial usage rules of the Association, organizational and operational rules of the Association Office,

To decide on the establishment of organizations as stipulated in Article 19 of the Charter,

To decide on admitting and dismissing member status,

To decide on convening the General Assembly or Full Member Conference.

Article 15. President and Vice Presidents of the Association

1. The President of the Executive Board concurrently serves as the President of the Association, and the Vice Presidents of the Executive Board concurrently serve as the Vice Presidents of the Association.

2. The Chairman of the Association has powers and responsibilities:

Legal representative of the Association before the law,

Account holder, managing finances and assets of the Association,

Organizing the implementation of General Assembly resolutions, Full Member Conference resolutions, and Executive Board decisions,

Calling and chairing Executive Board meetings of the Association,

Signing decisions to appoint and dismiss leadership positions of organizations established by the Association,

Being responsible to the Executive Board and all members for the activities of the Association,

Approving personnel for the Association Office, deciding on the establishment of other organizations of the Association based on the Secretary-General's proposal,

Establishing specialized sub-committees.

3. The Vice Presidents of the Association assist the President, are assigned specific tasks by the President, and may be authorized to manage the Board's work when the President is absent.

Article 16. Secretary General of the Association

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

Represents the Association's Office in daily transactions,

Organizes and manages the daily activities of the Association's Office,

Manages the transaction files and documents of the Association,

Establishes operational regulations for the Office, financial management regulations, and asset management regulations of the Association for approval by the Board,

Regularly reports to the Board on the activities of the Association,

Prepares annual reports and term reports of the Board,

Manages lists, files, and documents related to members and affiliated organizations,

Is responsible before the Board and under the law for the activities of the Association's Office.

Article 17. The Association's Office

1. The Association's Office operates according to the regulations decided by the Board.

2. The organizational structure of the Association's Office is approved by the Board. Personnel of the Office are recruited through public examinations and appointed and approved by the Chairman of the Board.

3. Staff of the Office must be professionals with high responsibility, hired through open examinations, working under contracts; during their employment with the Association, they cannot work for any other organization or individual in the labor export sector.

4. Annual operating funds for the Office are budgeted by the Secretary General, submitted for approval by the Executive Board, and ratified by the annual plenary session.

Article 18. Audit Committee

1. The Audit Committee is elected by the Congress, consisting of 3 to 5 members. The Audit Committee has a term concurrent with that of the Board.

2. The Audit Committee has duties and powers:

To inspect and supervise compliance with the Charter and resolutions of the Association.

To inspect the financial activities of the Association in accordance with current regulations.

3. The Head of the Audit Committee is invited to attend meetings of the Association's Board.

4. The Association covers expenses directly related to the operations of the Audit Committee.

Article 19. Organizations and units subordinate to the Association

The Association may establish service and advisory units. The establishment of these units must comply with legal provisions.

Chapter 5

FINANCE AND ASSETS OF THE ASSOCIATION

Article 20. Finance and assets of the Association

1. The revenues of the Association include:

Membership fees and annual membership dues contributed by members as prescribed.

Sponsorship from organizations and individuals.

Revenues generated from the Association's activities including advertising, consulting services...

Other sources of income...

2. Expenditures of the Association: Expenditures of the Association must ensure the principles of purposefulness, thrift, effectiveness, and compliance with financial regulations, including:

Expenses for the activities of the Office, the Board, the Audit Committee, Conferences, Congresses, rent for premises, purchase of equipment.

Expenses for information dissemination, propaganda, journalism, publishing.

Expenses for construction, equipping, and repairing facilities and working equipment.

Salaries and rewards for competition.

Expenses for international relations activities.

Other expenditures.

3. Based on the Association's annual financial situation, the Board proposes the level of annual membership fees and approves them at the Congress or general meeting.

4. The Board stipulates regulations on the management and use of the Association's financial resources and assets, consistent with the national financial regulations and must be publicly reported to members at the Congress or annual general meeting.

5. The Association's finances are audited annually by the Audit Committee and reported to members.

Chapter 6

DISSOLUTION OF THE ASSOCIATION

Article 21. The Association ceases operations in the following cases:

1. The Association dissolves itself upon the request of more than half (one-half) of the total number of formal members.

2. The Association is dissolved due to non-continuous operation for 12 months; when there is a resolution of the Congress regarding dissolution but the Association's leadership does not comply; when the Association's activities seriously violate the law.

Article 22. Settlement of assets and finances when the Association dissolves:

1. Assets and finances provided by domestic and foreign organizations, which the Association has fulfilled its property obligations and settled all debts, the remaining assets and financial surplus are decided by the competent state authority.

2. For self-owned assets and finances of the Association, which have fulfilled property obligations and settled all debts after the Association's voluntary dissolution, the remaining assets and financial surplus are distributed according to the Association's Resolution; in case of forced dissolution, these assets and finances are distributed according to the decision of the liquidation board established by the competent state authority.

Chapter 7

REWARD AND DISCIPLINE

Article 23. Awards.

Members, organizations, and individuals who have made outstanding contributions to the Association's activities are rewarded by the Association or recommended for commendation by higher authorities.

Article 24. Disciplinary action.

Members who violate the Charter, Congress resolutions, and actions that affect the Association's reputation are disciplined by one of the forms of reprimand, warning, expulsion, or referred for legal proceedings.

The form of discipline is decided by the Board.

Chapter 8

IMPLEMENTING PROVISIONS

Article 25. Any amendments or supplements to the Charter must be unanimously proposed by the Congress or the general meeting of the Association and approved by the Minister of Home Affairs to take effect.

Article 26. These Statutes consist of 8 Chapters and 26 Articles, adopted at the Founding Congress of the Association on April 7, 2004, and shall take effect from the date they are approved by the Minister of Home Affairs and permitted for circulation in accordance with the provisions of the law.