Decision No. 582/TTg Regarding the Approval of the Charter of the Council of the Vietnam Federation of Cooperatives

DECISION

OF THE PRIME MINISTER

Regarding the approval of the charter of the Council of the Vietnam Federation of Cooperatives.

 

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Considering the report on the results of the first National Congress of the Council of the Vietnam Federation of Cooperatives,

 

DECISION:

Article 1. - Approves the Charter of the Council of the Vietnam Federation of Cooperatives adopted by the first National Congress of the Council of the Vietnam Federation of Cooperatives on October 30, 1993 (the full text attached to this Decision).

Article 2. - This Decision takes effect from the date of issuance, all previous regulations contrary to this Decision shall be abolished.

Article 3. - The Chairman of the Central Executive Board of the Council of the Vietnam Federation of Cooperatives, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.

CHARTER
THE COUNCIL OF THE VIETNAM FEDERATION OF COOPERATIVES

(Approved by the Prime Minister pursuant to Decision No. 582/TTg dated December 1, 1993).

PART I
GENERAL PROVISIONS

Article 1. - The Council of the Vietnam Federation of Cooperatives (hereinafter referred to as the Council) is an economic and social organization of cooperatives, cooperative unions, and cooperative groups operating in various fields such as industry, handicrafts, transportation, construction, commerce, and services; established on the principle of voluntariness, democracy, mutual benefit; represents members in internal and external relations; aiming at developing the economic and social activities of cooperatives in accordance with the Party's guidelines and State laws, achieving the goal of a wealthy people, a strong country, and a civilized society.

The Council is organized at the central level and in provinces and centrally governed cities, it is an entity with legal personality operating under Vietnamese law and recognized by the State.

The headquarters of the Council is located in Hanoi - the capital of the Socialist Republic of Vietnam.

Article 2. - Functions, tasks, and powers of the Council:

2.1. Organize economic and social activities, provide guidance, advice, and services on legal and management issues to enhance the efficiency of production and business operations of cooperatives.

2.2. Represent the interests of cooperatives, reflect their aspirations, suggestions, and participate in contributing opinions to build, amend, and supplement relevant policies and laws of the State; promote and guide members to implement State policies and laws.

2.3. Maintain close relations with State agencies and mass organizations to fulfill the functions and tasks of the Council; coordinate with related sectors to implement organizational reforms and operational methods of cooperatives.

2.4. Participate in international organizations; organize, guide, and accept state sponsorship, assistance from domestic and foreign organizations and individuals for the cooperative sector; assist members to expand international cooperation in economic and social areas.

Chapter II

MEMBERS

Article 3. - Cooperatives, cooperative unions engaged in production and business, and cooperative groups operating in various fields such as industry, handicrafts, construction, transportation, commerce, and services that agree with the Charter and voluntarily join, and are recognized by the Council become members of the Council.

Article 4. - Rights of members.

4.1. Receive guidance from the Council to create conditions for development and improve the efficiency of production and business operations.

4.2. Receive economic information, scientific and technological information from the Council, support research and study both domestically and internationally, and improve management, scientific and technical, and vocational skills.

4.3. Be eligible to nominate and vote for leadership bodies of the Council and have the right to propose the removal of members in those bodies.

4.4. Be protected by law when legitimate rights are violated by the Council.

4.5. Members have the right to discuss, vote, and question matters related to them and have the right to request withdrawal from the Council.

Article 5. - Obligations of members.

5.1. Strictly comply with State laws, the Charter, and resolutions of the Council.

5.2. Participate in activities and follow the assignments of the Council.

5.3. Unite and cooperate with other members to achieve the Council's goals and promote and mobilize new members.

5.4. Pay membership fees as stipulated by the Congress.

Chapter III

ORGANIZATIONAL SYSTEM

Article 6. - The Council is organized at the central level and in provinces and centrally governed cities.

The leadership body of the Council of the Vietnam Federation of Cooperatives is the Central Executive Board of the Council, at provincial and city levels, it is the Provincial or City Executive Board of the Council.

Article 7. - The National Congress of Member Representatives is the highest leadership body of the Council. Resolutions of the National Congress of Member Representatives have legal validity for all members.

The National Congress of Member Representatives decides on directions, tasks, and important issues in the operation of the Council, adopts or amends and supplements the Charter, and elects the Central Executive Board of the Council.

The National Congress of Member Representatives is convened by the Central Executive Board of the Council every five years regularly or irregularly when at least two-thirds of the Central Executive Board members or more than half of the members propose.

Article 8- The Central Executive Board of the Council is the leadership body of the Council between two Congresses, elected by the National Congress of Member Representatives. The number of Central Executive Board members is decided by the Congress.

The term of office of the Central Executive Board of the Council is the period between two sessions of the National Congress of Member Representatives.

The Central Executive Board of the Council operates on the principle of democracy and decides by majority.

The Central Executive Board of the Council convenes regular meetings every six months and may convene extraordinary meetings when necessary.

Article 9. - Tasks and powers of the Central Executive Board of the Council.

9.1. Implement the Charter and resolutions of the Congress.

9.2. Decide on the program, work plan, and specific financial plan of the Council based on the Congress resolution.

9.3. Study and guide organizational reform, operational methods, and the development of the cooperative movement.

9.4. Decide on joining international organizations according to the provisions of the law.

9.5. Decide on organizational structure, personnel, supporting staff, and subordinate units.

9. 6. Decision to supplement members of the Central Executive Board. The number of supplementary members shall not exceed one-third of the total number of members elected by the Congress.

9. 7. Examine and recognize organizations and members in accordance with the Charter: examine and award commendations, disciplinary actions.

9. 8. Elect the Chairman, Vice Chairmen, Standing Board, and Inspection Board.

9. 9. Prepare and approve reports to be presented at the Congress. Convene regular and extraordinary Congresses.

9. 10. Supervise and inspect the implementation of resolutions of the Congress.

Article 10. - When the head or representative of a member organization who is a member of the Executive Board no longer holds their position within their own organization, they will cease to hold their position on the Executive Board, and their successor will be considered for election to fill the vacancy by the same-level Executive Board.

Article 11. - The Provincial Congress of Delegates or the Full Congress of Members of provinces directly under the Central Government decides specific directions and tasks based on the directions, tasks, and important issues set forth by the National Congress of Delegates; elects the Provincial Executive Board; and elects representatives to attend the National Congress.

The term of office of the Provincial Congress is five years.

Article 12. - The Provincial Council of the Federation of Cooperatives operates in accordance with the Charter of the Federation of Cooperatives of Vietnam.

The Provincial Executive Board is the governing body responsible for the operation of the Council between two Congresses, elected by the Congress of Delegates or the Full Congress of Members, recognized by the provincial government, and approved by the Central Executive Board.

The term of office of the Provincial Executive Board is the period between two Provincial Congresses.

Based on the program of activities of the Federation of Cooperatives of Vietnam, resolutions of the provincial Congress, and local conditions to formulate specific tasks and programs of activities for the Provincial Federation of Cooperatives.

The Provincial Executive Board convenes regularly every three months, and may convene extraordinary meetings when necessary.

Article 13- Duties and powers of the Provincial Executive Board.

13. 1. Organize the implementation of the Charter and Congress Resolutions.

13. 2. Develop work programs, financial plans consistent with the directions, tasks, and plans set forth by the National Congress of Delegates,

the Provincial Congress, and the Central Executive Board.

13. 3. Study and guide the reform of organizational structure and operational methods of cooperatives, promoting the cooperative movement.

13. 4. Decide on organizational personnel, administrative structures, and subordinate units.

13. 5. Decide on the supplementation of members of the Executive Board. The number of supplementary members shall not exceed one-third of the total number of members elected by the Congress.

13. 6. Examine and recognize member organizations in accordance with the Charter; examine and award commendations, disciplinary actions.

13. 7. Elect the Chairman, Vice Chairmen, Standing Board, and Inspection Board.

13. 8. Prepare and approve reports to be presented at the Congress; convene regular and extraordinary Congresses when at least two-thirds of the members of the Executive Board or more than half of the members propose.

Article 14. - The Standing Board of the Executive Board (central, provincial) consists of the Chairman, Vice Chairmen, and some members. The number of Standing Board members is proposed by the Chairman and decided by the Executive Board.

Article 15. - Duties of the Standing Board.

15. 1. Organize the implementation of tasks assigned by the Executive Board.

15. 2. Lead and manage the administrative structure and subordinate units.

15. 3. Prepare the agenda for Executive Board meetings.

Article 16. - Inspection Board.

The Inspection Board is elected by the Executive Board, consisting of the Head, Deputy Head, and some members. The number of members of the Inspection Board is decided by the Executive Board, including some members of the Executive Board and some non-Executive Board members. The Head of the Inspection Board is a member of the Standing Board of the Executive Board.

Article 17- Duties of the Inspection Board.

17. 1. Inspect organizations and members of the Council regarding the implementation of the Charter, Congress Resolutions, and decisions of the Executive Board.

17. 2. Consider and resolve complaints from members and related organizations and individuals according to their functions and duties.

17. 3. Recommend disciplinary measures to the Executive Board for individuals and units within the organization that violate the Charter and Congress Resolutions.

17. 4. Coordinate and facilitate when the State Audit Agency needs to audit members or subordinate units of the Council and protect their legitimate rights.

17. 5. Financial inspection and supervision of the Council.

17. 6. Report to the Congress and the Executive Board on the results of inspection work.

Chapter IV

FINANCE

Article 18. - The Council's finances include the following sources of income:

18. 1. Membership fees contributed by members.

18. 2. Income from economic and service activities of the Council.

18. 3. State budget support.

18. 4. Donations from domestic and foreign organizations and individuals.

Article 19. - Finances are managed and used according to the requirements of the Council's activities as decided by the Congress and in compliance with state regulations.

Article 20. - Finances are used for the Council's activities both domestically and internationally to promote the cooperative movement.

Chapter V

REWARDS AND DISCIPLINE

Article 21. - Units and individuals with outstanding contributions to building the cooperative movement are commended by the Council and recommended for state commendation.

Article 22. - Units and individuals violating the Charter and Congress Resolutions, affecting the Council's reputation, are subject to disciplinary action.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 23. - Dissolution of the Federation of Cooperatives of Vietnam or the Provincial Federation of Cooperatives is decided by the Congress of Delegates or the Full Congress of Members at the same level, with at least two-thirds of the votes in favor, and must be recognized and approved by the decision-making authority.

Article 24. - This Charter was adopted by the National Congress of Delegates of the Federation of Cooperatives of Vietnam on October 30, 1993, and took effect upon approval by the Prime Minister.

Only the National Congress of Delegates of the Federation of Cooperatives of Vietnam has the right to amend and supplement this Charter and is

The Central Council's Executive Committee shall guide the implementation of these Bylaws./.