Decision No. 55/2004/QD-BNV on the approval of the Charter of the Vietnam Heritage Association

CHARTER

VIETNAMESE CULTURAL HERITAGE ASSOCIATION

Chapter 1

GENERAL PROVISIONS

Article 1. Name, Emblem

1. Official name: Vietnamese Cultural Heritage Association.

2. English name: Cultural Heritage Association of Vietnam.

3. Abbreviation: CHAV.

4. The Association has an emblem and an official anthem.

Article 2. Purpose, Objectives, and Field of Activities

The Vietnamese Cultural Heritage Association (hereinafter referred to as the Association) is a professional social organization that gathers domestic organizations and individuals engaged in professional activities or passionate about cultural heritage with the aim of contributing to the protection and promotion of cultural heritage values, meeting the increasing cultural needs of the people, building and developing a modern and distinctive national culture, contributing to the world's cultural heritage treasury, enhancing the effectiveness of state management, and raising public responsibility for participating in the protection and promotion of cultural heritage values in accordance with the Law on Cultural Heritage.

Article 3. Scope of Activities

The Association operates nationwide, subject to state management and sponsorship by the Ministry of Culture and Information. The Association regularly interacts with domestic and foreign organizations and individuals in accordance with the law.

Article 4. General Principles on Organization and Operation

The organization and operation of the Association are carried out based on the principles of voluntariness, self-management, self-financing, centralized democracy, collective leadership, individual responsibility, majority decision-making, compliance with Vietnamese laws and the Charter of the Association.

Article 5. Legal Status and Headquarters

The Association operates independently, has legal status, possesses a seal (wet round stamp and small raised stamp), and maintains a separate account. The Central Association headquarters is located in Hanoi. The Association has representative offices in some provinces and centrally-administered cities and regions.

Chapter 2

TASKS, RIGHTS AND DUTIES OF THE ASSOCIATION

Article 6. Tasks of the Association

1. To gather, unite, and promote cooperative relationships among member organizations and individuals, promoting the exchange of information, theoretical knowledge, and practical experience in protecting and promoting the value of national cultural heritage.

2. To disseminate, raise public awareness, mobilize organizations and individuals to pay attention to cultural heritage, promoting socialization efforts to mobilize all resources to serve the cause of protecting and promoting the value of cultural heritage.

3. To guide, train professional skills, enhance knowledge on protecting and promoting the value of cultural heritage for members and owners of cultural heritage.

4. To support the development of professional activities related to cultural heritage.

5. To research and propose policies and measures to the Party and State to protect and promote the value of national cultural heritage.

6. To participate in consulting, reviewing, appraising, and evaluating projects, programs, and works on protecting and promoting the value of cultural heritage at the request of competent state agencies and the needs of domestic and foreign organizations and individuals, participating directly or organizing the implementation of projects, programs, and works on protecting and promoting the value of cultural heritage at the request of competent authorities.

7. To study and apply scientific and technological achievements in protecting and promoting the value of cultural heritage.

8. To establish and expand cooperation with foreign organizations and individuals on protecting and promoting the value of cultural heritage in accordance with the law.

9. To protect the rights and legitimate interests of members, participate in international struggles to protect the rights and legitimate interests regarding cultural heritage of Vietnam.

10. To disseminate and mobilize the development of new members.

Article 7. Rights and Duties of the Association

The rights and duties of the Vietnamese Cultural Heritage Association are implemented according to Article 22 and Article 23 of Decree No. 88/2003/NĐ-CP dated July 30, 2003 of the Government on the organization, operation, and management of associations.

The Vietnamese Cultural Heritage Association may establish subordinate organizations in accordance with the law.

Chapter 3

MEMBERS

Article 8. Members

Individuals and organizations in Vietnam who meet the conditions stipulated in the Charter of the Association and voluntarily join the Association can become members of the Vietnamese Cultural Heritage Association. Members of the Vietnamese Cultural Heritage Association include regular members and supporting members.

1. Regular Members:

a) Vietnamese citizens aged 18 or older, not during the period of being pursued for criminal responsibility, passionate about protecting and promoting the value of cultural heritage, recognizing and voluntarily implementing the Charter of the Association.

b) Vietnamese legal entities, not during the period of being considered for dissolution or bankruptcy, actively participating in the work of protecting and promoting the value of cultural heritage, recognizing and voluntarily implementing the Charter of the Association.

2. Supporting members:

Individuals, organizations, domestic enterprises, joint ventures, and wholly foreign-owned enterprises operating in Vietnam that contribute to the activities of the Association may be recognized as supporting members upon consideration by the Standing Committee of the Central Executive Board of the Association.

Article 9. Obligations of members

1. Strictly comply with the Charter of the Association, resolutions, and decisions of the Association's organizations.

2. Fulfill assigned tasks well.

3. Study to improve knowledge, capabilities, political qualities, and professional ethics.

4. Maintain unity and solidarity within the Association, protect the reputation of the Association, and actively participate in membership development work.

5. Participate in meetings and pay membership fees as prescribed.

Article 10. Rights of Members

1. To be issued a Member Card.

2. To request the Association's organizations to protect their rights and legitimate interests.

3. To nominate, elect, and vote on Association matters.

4. To criticize, question, and make suggestions regarding the activities of the Association's organizations and members.

5. To participate in activities organized by the Association, to be prioritized for research, tours of museums, historical sites, scenic spots, and natural wonders that are member organizations of the Association, and to be sent by the Association for tours, training, and work both domestically and internationally when conditions permit.

6. To receive information and support from the Association in professional activities related to the protection and promotion of cultural heritage.

Supporting members have the above rights except for the right to nominate, elect, and vote on Association matters.

Article 11. Termination of Member Status

Membership status in the Vietnamese Cultural Heritage Association will be terminated in the following cases:

1. Individuals lose Vietnamese citizenship.

2. Individuals renounce Vietnamese nationality.

3. Legal entities are dissolved or bankrupt.

4. Failure to pay membership fees for 12 consecutive months or 18 cumulative months without a valid reason.

5. Submitting a voluntary resignation from the Association.

When membership is terminated, members must return their Member Cards to the Association's organization where they are registered.

Chapter 4

Article 8. Principles of Organization

Article 12. Principles of Organization of the Association

1. The highest leading body of the Vietnam Heritage Association is the National Congress, with a term of five years. The highest leading body of subordinate association organizations is their respective congresses, with a term of five years.

2. The leadership body between two congress sessions is the Executive Committee.

3. The Standing Executive Committee is the permanent leadership body for the operation of the association organization between two Executive Committee meetings.

4. The Executive Committee of the association organization reports and is responsible for its activities to the same-level congress and to the Executive Committee of the higher-level association organization.

5. The Executive Committee and the Standing Executive Committee of various association organizations issue resolutions to handle matters within their jurisdiction. Resolutions only have enforcement value when more than half (one-half) of the members approve them, in accordance with the Association Charter and legal provisions. Resolutions of the Executive Committee and the Standing Executive Committee of lower-level association organizations must comply with the regulations and directives of the Central Association.

Article 13. Organization of the Association

The organizational structure of the Association includes:

1. The Central Association and organizations directly under the Central Association.

2. Member Associations (are local associations established in accordance with the law).

3. The grassroots organizations of the Association are branch associations, inter-branch associations, clubs...

Article 14. Principles of organizing congresses

At least three months before the end of the term, the incumbent Executive Committee implements preparations for the congress.

1. Delegates attending the congress include:

a) Members of the incumbent Executive Committee.

b) Delegates elected by the congress of the subordinate association organization.

c) Delegates designated by the incumbent Standing Executive Committee.

The congress is only valid when at least two-thirds (two-thirds) of the delegates summoned attend.

2. Content of the congress:

a) Report on activities during the previous term and directions for activities in the upcoming term.

b) Elect the new-term Executive Committee.

c) Amend the Association Charter (if necessary).

d) Financial report.

đ) Other important documents.

3) An extraordinary congress may be convened if at least two-thirds (two-thirds) of the total number of Executive Committee members or at least one-half (one-half) of the total number of members propose it.

4. Voting principles at the congress:

a) The congress can vote by raising hands or secret ballot. The form of voting is decided by the congress.

b) Voting to pass decisions at the congress must be approved by more than half (one-half) of the officially present delegates.

Article 15. Executive Committees of association organizations

1. The Executive Committee is elected by the congress of the association organization from among the official delegates of the congress. The number of Executive Committee members is determined by the congress.

2. The election results of the congress of the grassroots association organization must be approved by the Executive Committee of the Vietnam Heritage Association.

3. During the term, the Executive Committee may elect additional members but not exceeding twenty-five percent (twenty-five percent) of the total number of members elected by the congress.

4. For newly established grassroots association organizations, the Standing Executive Committee of the Vietnam Heritage Association directly appoints a temporary Executive Committee.

5. Requests for resignation by Executive Committee members must be approved by the Standing Executive Committee.

6. Duties of the Executive Committee:

a) Elect leadership positions and establish the Inspection Committee.

b) Assign specialized committees.

c) Guide the implementation of the Association Charter (if applicable).

d) Organize the implementation of congress resolutions and the Association's activity program.

đ) Decide on the establishment of organizations with legal personality according to the law.

e) Determine the working system of the Standing Executive Committee.

g) Prepare regular and extraordinary congresses.

h) Elect additional Executive Committee members and discipline Executive Committee members.

7. The Executive Committee convenes regularly every six months, and convenes extraordinary sessions when the Standing Executive Committee deems necessary or when more than half (one-half) of the Executive Committee members propose it. The Executive Committee issues resolutions. Resolutions only have validity when more than half (one-half) of the members approve them.

Article 16. Audit Committee

1. The Inspection Committee is elected by the Executive Committee consisting of the Chairperson, Deputy Chairpersons, and members. The number of Inspection Committee members is determined by the Executive Committee. The Chairperson of the Inspection Committee must be a member of the Executive Committee.

2. The Inspection Committee operates as a collective body under the leadership of the Executive Committee.

3. The duties of the Inspection Committee:

a) Check the qualifications of members according to the standards and responsibilities of members.

b) Check the implementation of the Association Charter, congress resolutions, and Executive Committee resolutions.

c) Check rewards and disciplinary actions.

d) Check financial income and expenditure.

đ) Resolve complaints and accusations.

Article 17. The Standing Executive Committee of the Central Association.

1. The Standing Executive Committee of the Central Association includes: Honorary Chairman, Chairman, Vice Chairman in charge, Vice Chairmen, and General Secretary.

2. Tasks:

a) Lead the activities of the Association, organize and supervise the implementation of the Association Charter, congress resolutions, Central Association Executive Committee resolutions, and the Association's activity program.

b) Decide on convening and preparing the agenda for Central Association Executive Committee meetings.

c) Direct the construction and development of the Association. Decide on organizational and personnel issues of the Association. Decide on issuing membership cards.

d) Decide on awards.

đ) Decide on recognizing supporting members of the Association.

e) Report work to the Central Association Executive Committee.

3. The Standing Executive Committee of the Central Association meets regularly once a month, and convenes extraordinary meetings when necessary. The Standing Executive Committee issues resolutions. Resolutions only have validity when more than half (one-half) of the members approve them.

Article 18. Chairman of the Vietnam Heritage Association

1. The Honorary Chairman is the person honored by the National Congress of the Vietnam Heritage Association.

2. The Chairman is the head of the Association. The Chairman assigns Vice Chairmen to lead various aspects of the Association's work. When the Chairman is absent, the Vice Chairman in charge performs the Chairman's duties.

3. The term of office of the Chairman and Vice Chairmen follows the term of the Central Association Executive Committee. Upon completion of the term, the outgoing Chairman continues to perform duties until the new Central Association Executive Committee elects a new Chairman.

4. Duties of the Chairman:

a) Chair sessions of the Standing Executive Committee of the Central Association and the Central Association Executive Committee.

b) Sign resolutions of the Central Association Executive Committee and the Standing Executive Committee of the Central Association.

c) Based on the resolutions of the Executive Board and the Standing Committee of the Central Executive Board of the Association, sign documents stipulating the functions, tasks, authorities, organizational structure, and appointment, dismissal, and removal from office of the heads of central affiliated organizations, and membership cards.

Article 19. Secretary-General of the Vietnam Heritage Association

The Secretary-General is responsible for managing the daily operations of the Association. The term of the Secretary-General corresponds to the term of the Central Executive Board. The Secretary-General has the following responsibilities:

1. Coordinating and harmonizing the daily internal and external activities of the Association.

2. Leading the work of the Central Office. Organizing financial management and asset utilization of the Association.

3. Assisting the Standing Committee of the Central Executive Board in supervising the construction of the Association, managing its organizations, preparing contents for the Standing Committee and the Central Executive Board.

4. Signing administrative documents, cooperation agreements with related organizations and individuals of the Association, and other documents assigned by the Standing Committee of the Central Executive Board or by the Chairman of the Association.

Article 20. Central Affiliated Organizations.

The central affiliated organizations include:

1. The Central Office.

2. Specialized Committees.

3. Media Department.

4. The Association's Cultural Heritage Fund.

5. Public service units, enterprises, and other organizations as prescribed by law.

Chapter 5

FINANCE AND ASSETS OF THE ASSOCIATION

Article 21. Financial Resources and Assets of the Association

The financial resources and assets of the Association consist of:

1. Membership fees contributed by members.

2. State-funded assets and financial resources.

3. Donated and sponsored assets and financial resources from organizations and individuals.

4. Income from lawful revenue-generating activities.

5. Other lawful sources of income.

Article 22. Management and Utilization of Financial Resources and Assets of the Association.

The Central Executive Board uniformly stipulates the principles and systems for managing the financial resources and assets of the Association, the membership fee contribution levels of members. The Central Executive Board annually listens to reports and decides on the financial tasks of the Central Association.

Article 23. Resolution of Financial Resources and Assets when the Association Dissolves.

The resolution of financial resources and assets upon dissolution of the Association shall be carried out in accordance with Article 30 of Decree No. 88/2003/NĐ-CP dated July 30, 2003, of the Government on the organization, operation, and management of associations, and the resolutions of the Central Executive Board of the Association.

Chapter 6

REWARD AND VIOLATION HANDLING

Article 24. Awards

1. Members and organizations and individuals who have made significant contributions to the activities of the Association and to the cause of protecting and promoting cultural heritage values will be commended by the Association or recommended for commendation by the State.

2. Forms of commendation by the Association include:

- Commemorative medals.

- Certificates of Merit.

- Letters of Commendation.

- Gifts.

- Other forms.

Article 25. Handling Violations

1. Members violating the Charter of the Association will be subject to the following measures:

a) Reprimand.

b) Warning.

c) Removal from office.

d) Expulsion from the Association.

2. Branches and central affiliated organizations violating discipline will be subject to the following measures:

a) Reprimand.

b) Warning.

c) Dissolution.

Chapter 7

IMPLEMENTATION OF THE ASSOCIATION'S CHARTER

Article 26. Compliance with the Charter of the Association

Associations and members must strictly comply with the Charter of the Association. Only the National Congress of the Vietnam Heritage Association has the right to amend and supplement the Charter of the Association.

The Central Executive Board is responsible for detailing and guiding the implementation of the Charter of the Association.

Article 27. Effectiveness

The Charter of the Vietnam Heritage Association consists of seven chapters with twenty-seven articles, which were adopted at the founding congress of the Vietnam Heritage Association on June 26, 2004, and became effective according to the approval decision of the Minister of Home Affairs./.