Decision No. 44/2004/QĐ-BNV on approving the Statutes of the Vietnam Anti-Counterfeit and Brand Protection Association

DECISION OF THE MINISTER OF HOME AFFAIRS
Regarding the approval of the Statutes of the Anti-Counterfeit and Trademark Protection Association of Vietnam
- Based on Decree No. 102/SL-L004 dated May 20, 1957 on the right to establish Associations,

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

- Based on the Government's Decree No. 45/2003/NĐ-CP dated May 9, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
- Based on the Government's Decree No. 88/2003/NĐ-CP dated July 30, 2003 stipulating the organization, operation, and management of associations;
- Considering the proposal of the Chairman of the Anti-Counterfeit and Trademark Protection Association of Vietnam and the Director of the Department of Non-Governmental Organizations;
Approves the Statutes of the Anti-Counterfeit and Trademark Protection Association of Vietnam which were adopted at the First Congress on May 28, 2004.

DECISION:

Article 1. The Chairman of the Anti-Counterfeit and Trademark Protection Association of Vietnam and the Director of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. Deputy MINISTER OF HOME AFFAIRS

CHARTER

Chapter 1 NAME - PURPOSE - SCOPE OF ACTIVITY

The Association is named: Anti-Counterfeit and Trademark Protection Association of Vietnam. English name: Vietnam Association for Anti-Counterfeiting and Trademark Protection. Abbreviation: VATAP

Article 1. Name

The Anti-Counterfeit and Trademark Protection Association (hereinafter referred to as the Association) is a voluntary organization of economic organizations of Vietnam, with the purpose of uniting members, conducting regular activities without profit, protecting the legitimate rights and interests of members, representing members in coordinating with economic organizations and relevant agencies to combat counterfeits and protect trademarks; supporting each other to operate effectively, contributing to the development of the country's economy and society.

Article 2. Purpose and Objectives

Article 3. Scope of activity of the Association

The Association operates throughout the country, in accordance with the laws of the Socialist Republic of Vietnam and these Statutes. The Association is subject to state management by the Ministry of Trade.

The Association has legal personality, its own seal and separate account. The main office of the Association is located in Hanoi and it has representative offices both domestically and internationally as prescribed by law.

Article 4. Legal Status of the Association

Chapter 2 TASKS AND POWERS OF THE ASSOCIATION

1. To unite and consolidate members within the Association to work together effectively in anti-counterfeiting and trademark protection efforts.

Article 5. Tasks of the Association

2. To represent members in making proposals to the State regarding policies and measures related to anti-counterfeiting and trademark protection, and to support members on issues related to this field.

3. To link members to support each other, exchange experiences, and enhance the effectiveness of anti-counterfeiting and trademark protection efforts.

4. To proactively seek out and detect counterfeit goods and prevent acts of producing and selling counterfeit goods, helping members avoid violations during production and business operations, and establishing their rights and obligations.

5. To guide and assist members in building and protecting their trademarks.

6. To update and provide members with information on policies, laws, and State guidelines related to anti-counterfeiting and trademark protection.

7. To organize training and specialized legal education on anti-counterfeiting and trademark protection for members as prescribed by law.

8. To organize surveys and study tours abroad to learn from other countries' experiences as prescribed by law.

9. To coordinate with competent authorities to carry out tasks related to anti-counterfeiting and trademark protection when assigned.

10. To publish magazines, periodicals, and other publications as prescribed by law.

11. To participate in cooperation with domestic and foreign organizations related to the fields in which the Association operates, serving the purposes and activities of the Association as prescribed by law.

12. To perform other tasks when authorized by the Government of Vietnam.

1. To represent members in protecting their legitimate rights and interests when they are infringed upon or their products and trademarks are counterfeited.

Article 6. Powers of the Association

2. To take the lead in coordinating among members to proactively seek out and detect counterfeit goods and make proposals to competent State authorities for resolution.

3. To represent members in attending meetings, conferences, and seminars organized by State agencies when required.

4. To establish and dissolve organizations of the Association as prescribed by law.

5. To mediate disputes between members of the Association.

6. To reward members who have outstanding achievements in implementing the Statutes of the Association.

6. Reward members who have achieved results in implementing the Statutes of the Association.

Chapter 3 MEMBERS

Article 7. Conditions for Becoming a Member

1. Official members of the Association: Economic organizations of Vietnam that agree with the Charter of the Association, voluntarily apply to join and pay the membership fee shall be considered for admission to the Association.

2. Associated members: other organizations (including economic organizations with foreign investment capital) that agree with the Charter of the Association, voluntarily apply to join and pay the membership fee shall be considered for admission to the Association.

3. Honorary members of the Association include representatives of state management agencies against counterfeit goods and intellectual property rights protection, scientists from relevant fields who agree with the Charter and have the desire to join the Association, and are invited by the Executive Board of the Association to become honorary members of the Association.

4. Members of the founding movement committee recognized by the Founding Congress as founders of the Association.

5. Enterprises and organizations meeting the conditions set out in Clause 1 of Article 7 wishing to join the Association must submit an application (according to the prescribed form). The admission of new members is decided by the Executive Board of the Association. These organizations and individuals officially become members after paying the membership fee and receiving the membership card of the Association.

Article 8. Rights of Members

1. To express their wishes through the Association and to have the Association protect their legitimate rights and interests in their activities consistent with the mission of the Association;

2. To receive information provided by the Association, assistance in resolving disputes, and participate in forms of association organized by the Association;

3. To attend the General Assembly, nominate and vote for leadership bodies of the Association and branch associations; discuss and vote on resolutions of the Association, criticize and question the Standing Committee and Executive Board about all policies and activities of the Association;

4. To leave the Association when they consider it impossible to continue as a member. In this case, members need to formally notify the Standing Committee in writing, and will receive approval from the Standing Committee within 30 days from the date of receipt of the member's document.

5. Honorary members and associated members enjoy the same rights as official members, except for the right to nominate and vote for leadership positions of the Association and the right to vote on issues of the Association.

Article 9. Obligations of Members

1. To comply with the Charter of the Association and resolutions of the General Assembly, the Executive Board, and the Standing Committee of the Association.

2. To provide the Standing Committee and Executive Board of the Association (when requested) with information related to this field (counterfeit goods prevention and brand protection) so that the Association has sufficient information to serve the needs of its members;

3. To unite and cooperate with other members to jointly contribute to building a stronger Association;

4. To attend regular and extraordinary meetings of the Association and branch associations;

5. To pay the one-time membership fee and annual fees fully and on time according to the principles established by the General Assembly;

6. Honorary members and founder members are exempt from paying membership fees and association dues.

Article 10. Termination of Membership Status

The status of Association members will cease to be valid if any of the following situations occur:

1. Cease operations, suspended operations, dissolved, or declared bankrupt;

2. By decision of the Executive Board with the agreement of two-thirds of the members when a member violates one of the following provisions:

a) Engaging in activities contrary to Vietnamese law.

b) Engaging in activities contrary to the purpose of the Association, damaging the reputation of the Association.

c) Not fulfilling their obligations as members, failing to comply with or seriously violating the regulations or resolutions of the Association.

Chapter 4 ORGANIZATION OF THE ASSOCIATION

Article 11. Structure and organization of the Association

1. The General Assembly of Members;

2. The Executive Board of the Association;

3. The Standing Board of the Association;

4. The Inspection Board of the Association;

5. The Office of the Association;

6. Specialized Boards;

7. Branches and Basic Sub-branches;

8. Service and business organizations directly under the Association.

Article 12. Term Conventions (General Assembly of Members), Annual Conventions, and Extraordinary Conventions

1. The General Assembly of Members is the highest leading body of the Association, convened every two years by the Executive Board, with the following responsibilities:

a) Approving the report on the Association's activities during the previous term and the program for the upcoming term;

b) Approving the financial report of the Association;

c) Decide on membership fees and annual dues for members;

d) Deciding to amend or supplement the Charter of the Association;

e) Discussing and deciding on important issues of the Association that exceed the authority of the Executive Board;

f) Electing the Executive Board and the Inspection Board of the Association.

2. The Annual Convention is held once a year to review and evaluate the activities of the Association for the year.

3. The Extraordinary Convention is convened based on the Decision of the Executive Board.

Article 13. Voting Principles at the Convention

1. When convening the Convention, the Executive Board must announce the agenda of the Convention and send invitations to members at least 20 days before the scheduled meeting date.

2. Resolutions of the Convention are taken by majority vote present at the Convention. However, for particularly important issues such as the following, they must be approved by more than 2/3 of the members present, and this number must exceed half of the total members of the Association:

a) Amending or supplementing the Charter;

b) Dismissing some members of the Executive Board;

c) Dissolution and liquidation of assets.

Article 14. Dissolution of the Association

Except in cases where the competent state agency decides to dissolve the Association, the Association can only dissolve itself if more than half of the delegates attending the Convention approve the resolution. This resolution must also be approved by the competent authority after the Association has settled its debts and liquidated its assets.

Article 15. The Executive Board of the Association

1. The Executive Board is the administrative leadership body of all activities of the Association during the period between two conventions.

2. The number of members of the Executive Board is determined by the Convention. The Executive Board is directly elected by secret ballot from the General Assembly of Members. The candidate must receive more than 50% of valid votes.

3. In addition to the members elected by the Convention, the Executive Board also includes representatives from relevant state management agencies regarding anti-counterfeiting and intellectual property protection, invited to participate and have the same duties and powers as other members.

4. During the course of operation, if due to various reasons, the number of members of the Executive Board does not meet the requirements set by the Convention, the Executive Board will elect additional members (from among the official members of the Association) but not exceeding the number of members specified by the Convention.

Article 16. Responsibilities of the Executive Board

1. Implementing the resolutions of the Convention and proposing measures to implement the resolutions of the Convention;

2. Resolutions on the work program and budget estimates and final accounts of the Association's annual income and expenditure;

3. Deciding on the organizational structure and machinery of the Association; Electing and dismissing leadership positions of the Association: President, Vice President, Secretary-General.

4. Supervising the work of the Standing Board and affiliated organizations;

5. Preparing the content and convening regular and extraordinary conventions of the Association;

6. Considering admission, expulsion, rewards, and disciplinary actions for members.

Article 17. Principles of Operation of the Executive Board

1. The Executive Board convenes regularly once every six months to review the operation situation of the Association, assess the work of the Standing Committee, and decide on issues raised by the Standing Committee. The Executive Board may convene at any time if necessary.

2. Decisions of the Executive Board are made by majority vote of the members present. In case of a tie, the decision shall be based on the opinion of the Chairman of the Association.

Article 18. The Standing Committee of the Association

1. The Standing Committee is the permanent body of the Executive Board, responsible for managing the operations of the Association between meetings of the Executive Board. The Standing Committee convenes regularly once every two months.

2. The Standing Committee consists of the Chairman, Vice Chairmen, General Secretary, and regular members. The number of Standing Committee members does not exceed one-third of the total number of Executive Board members. Standing Committee members are directly elected by secret ballot by the Executive Board. The candidate must receive more than 50% of valid votes.

Article 19. Chairman and Vice Chairmen

1. The President has the authority and responsibility:

a) To represent the Association before the law.

b) To organize and implement the resolutions of the General Assembly, the Representative Conference, and the decisions of the Executive Board of the Association.

c) To chair meetings of the Executive Board of the Association.

d) To directly direct the Secretary-General of the Association.

e) To approve personnel of the Association's office and other organizations established by the Association.

f) To be accountable to the Executive Board of the Association and all members for the activities of the Association.

2. The Vice Chairmen assist the Chairman, assigned specific tasks by the Chairman, and may be authorized to manage the work of the Executive Board when the Chairman is absent.

Article 20. General Secretary of the Association

The General Secretary directs all activities of the Association's Office and has the following responsibilities:

1. Drafting the Operational Regulations of the Office, Financial Management Regulations, and Property Management Regulations of the Association for approval by the Executive Board.

2. Regularly reporting to the Executive Board on the activities of the Association.

3. Preparing annual reports and term reports of the Executive Board.

4. Managing membership lists, files, and documents of members and affiliated organizations.

5. Being accountable to the Executive Board and the law for the activities of the Association's Office.

Article 21. The Association's Office

1. The Association's Office is organized and operates according to the Regulations approved by the Executive Board upon submission by the General Secretary. The Office can be located in provinces or cities to facilitate the implementation of the Association's work.

2. Staff of the Association Office are recruited and work under fixed-term employment contracts.

3. Operating funds of the office are budgeted by the General Secretary and approved by the Executive Board.

Article 22. Audit Board

1. The Audit Board consists of three members elected from among the Association's members at the Congress. The Audit Board elects a Head to oversee its operations.

2. The Audit Board is tasked with auditing the implementation of resolutions of the Congress and the enforcement of the Charter of the Association. The Head of the Audit Board attends Executive Board meetings and is a member of the Executive Board.

3. The Audit Board is responsible for reporting to the Executive Board and the Congress on the activities of the Audit Board and the financial status of the Association during the term. When deemed necessary, the Audit Board may inform the situation and request the Executive Board to resolve issues discovered within its mandate.

Article 23. Branches and Sub-Branches

The establishment of branches and sub-branches to combat counterfeit goods must be agreed upon by the Executive Board of the Association and the competent authority. Branches and sub-branches operate under the Regulations approved by the Executive Board of the Association.

Chapter 5 FINANCIAL MATTERS OF THE ASSOCIATION

Article 24. Sources of Income of the Association

The Association's budget includes the following sources of income:

1. Membership fees and annual dues of members;

2. Revenue from service activities of the Association and its affiliated organizations;

3. Donations from domestic and foreign organizations and individuals;

4. State subsidies (if any).

Article 25. Use of Association Funds

The Association shall use its funds for the following purposes:

1. Covering expenses for the Association's activities;

2. Paying salaries to dedicated staff members of the Association;

3. Other necessary expenses. The financial resources of the Association shall be utilized according to the Regulations approved by the Association's Office and adopted by the Executive Board.

Chapter 6 REWARDS AND DISCIPLINARY MEASURES

Article 26. Rewards and Disciplinary Measures

1. Organizations and individuals with outstanding achievements shall be decided by the Executive Board to be rewarded annually or proposed to state agencies for rewards in accordance with the law;

2. Organizations and individual members who violate the Association's Charter shall be subject to disciplinary measures decided by the Executive Board. Levels of disciplinary action include: reprimand, warning, and expulsion from the Association. In cases where organizations and individuals violate the law and infringe upon the Association's interests, the Executive Board will request legal authorities to intervene.

Chapter 7 IMPLEMENTATION PROVISIONS

Article 27. Effective Date

The Charter of the Vietnam Anti-Counterfeit and Brand Protection Association shall take effect pursuant to the Decision approving it by the Ministry of Home Affairs and may only be amended or supplemented by the General Assembly of the Association./.