Decision No. 65/2005/QD-BNV Approving the Charter of the Vietnam Association of Photographers (Amended)

Pursuant to …;

Regarding the approval of the Charter of the Vietnam Association of Photographic Artists (Amended)

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 102/SL dated May 20, 1957 on the right to form associations;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 88/2003/NĐ-CP dated July 30, 2003 of the Government stipulating the organization, operation, and management of associations;

Considering the proposal of the Chairman of the Vietnam Association of Photographic Artists and the Director of the Department for Non-Governmental Organizations,

DECISION:

Article 1. Approves the Charter of the Vietnam Association of Photographic Artists (Amended) which was adopted at the Sixth National Congress of the Vietnam Association of Photographic Artists on March 14, 2005.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE.

Article 3. The Chairman of the Vietnam Association of Photographic Artists and the Director of the Department for Non-Governmental Organizations shall be responsible for implementing this Decision./.

CHARTER

VIETNAM ASSOCIATION OF PHOTOGRAPHIC ARTISTS (AMENDED))

(issued pursuant to Decision No. 65/2005/QĐ-BNV

dated July 5, 2005 of the Minister of Home Affairs)

PART I

NAME, AIMS AND OBJECTIVES, FIELD OF ACTIVITY

AND PRINCIPLES OF ORGANIZATION AND OPERATION OF ASSOCIATIONS

Article 1The common name of the association is: Vietnam Association of Construction Contractors

1. Vietnamese name: Vietnam Association of Photographic Artists

2. English name

Vietnam Association of Photographic Artists

Abbreviation: VAPA.

3. Emblem: The outer circle is round with the inscription "Vietnam Association of Photographic Artists". The inner circle is a camera lens aperture shape with six steel blades arranged in the same direction. In the center of the blades is a hexagon containing a phoenix (also known as a crane) design based on the motif of the Ngoc Lu bronze drum (copyright registered).

Article 2. Nature of the Association

1. The Vietnam Association of Photographic Artists (hereinafter referred to as the Association) is a political-social-professional organization of citizens of the Socialist Republic of Vietnam engaged in the field of photography including artistic photography creation, photography theoretical criticism work, and photography teaching.

2. The Association operates under the leadership of the Communist Party of Vietnam following the Party's cultural and artistic policy, subject to state management and the laws of the Socialist Republic of Vietnam.

3. The Vietnam Association of Photographic Artists is a specialized creative association in the field of photography in Vietnam.

Article 3. Purpose of the Association

1. The Association gathers, organizes, and mobilizes photographers to create works that promote the tradition of Vietnamese photographic art, absorb the best of world photographic art, aiming to produce many valuable works in thought and art to build a modern and distinctively national Vietnamese photographic art.

2. Expand photography activities, cultural exchanges with other countries to introduce valuable photographic works to domestic and international audiences.

Improve the qualifications of members, gradually integrate into regional and global photographic arts.

Article 4Field and scope of activity

The Association operates in the field of photography within the territory of the Socialist Republic of Vietnam. It may establish relations with photography organizations, economic and social organizations, individuals, and foreign photographers according to Vietnamese law and international practice.

Article 5Principles of organization and operation of the Association

1. The Association is organized on the principle of voluntariness, democracy, decision-making by majority, collective leadership, individual responsibility, and is detailed in regulations established by the Executive Board.

2. The Association operates on the principle of self-management, self-funding, and state sponsorship.

Article 6. Relations of the Association

1. The Association has relationships with Party and State organizations.

2. It is a member of the Vietnam Federation of Literature and Art Associations.

3. It cooperates with central specialized literary and artistic associations, provincial and city literary and artistic associations, and photography associations throughout the country.

4. It is a member of the International Federation of Photographic Art (FIAP).

Article 7. Headquarters, legal personality, seal, bank account of the Association.

1. The Association has legal personality; it has a raised seal, wet seal, and miniature wet seal; it has its own bank account.

2. The headquarters of the Association is located in Hanoi, the capital of the Socialist Republic of Vietnam.

Chapter II

RIGHTS AND DUTIES OF THE ASSOCIATION

Article 8. Rights of the Association

1. Promote the aims and objectives of the Association, provide necessary information to members, and create conditions for members to improve their political and professional skills;

2. Represent members in internal and external relations related to the functions and responsibilities of the Association. Protect the legitimate rights and interests of members;

3. Provide advice, critique, review, and commentary on issues related to Vietnamese photographic art for Party and State agencies, organizations, and individuals as prescribed by law;

4. Participate in and make recommendations to competent state agencies in the development of mechanisms, policies, and issues related to the development and field of activity of the Association;

5. Raise funds for the Association;

6. Establish and manage subordinate organizations and units in accordance with the law. Manage the activities of branch associations and members nationwide;

7. Establish relations with foreign organizations and individuals and join international and regional photography associations as prescribed by law;

8. Implement reward and disciplinary systems

Article 9Duties of the Association

1. Mobilize, gather, and organize professional and non-professional photographers, researchers, critics, technical personnel, and photography teachers into the Association;

2. Assist members in creating valuable photographic works and theoretical studies with high ideological and artistic value imbued with humanism, contributing significantly to building new people and developing a modern and distinctively national Vietnamese photography;

3. Organize or cooperate in organizing national, regional, group, or individual photography exhibitions. Participate in photography activities abroad, organize Vietnamese photography exhibitions abroad, and host international photography exhibitions in Vietnam;

4. Propagate and disseminate the Party's policies and state laws, especially the Party's cultural and artistic policies, to members;

5. Participate in researching specialized photography topics; cooperate with organizations to train and enhance the professional skills of members and the national photography workforce;

6. Publish photography publications: books on photography theory and criticism, photography techniques, artistic photography books, translated books from foreign languages, video discs, etc., in accordance with the Law on Publishing;

7. Develop new members and confer titles on members.

8. Expand cultural exchanges with photography organizations, international and regional economic-social organizations, as well as with individual foreign photographers in accordance with the provisions of the law;

9. Implement financial income and expenditure systems and financial reports in compliance with the provisions of the law;

10. Organize activities in accordance with the approved Charter and be subject to state management within the specialized field. Report on the organizational and operational status of the Association to competent state agencies. Adhere to guidance, inspection, and audit by the state regarding the Association's compliance with laws.

Chapter III

MEMBERS

Article 10. Membership Conditions

1. Vietnamese citizens who agree with the Association's Charter and voluntarily submit an application to join the Association.

2. Possess a patriotic spirit, love for socialism, good moral character, and a spirit of unity in building the Association.

3. Have professional qualifications:

a) For photographic creators: Have sufficient points (with specific rules for point calculation), have one work exhibited at a national photography exhibition, and have two years (24 months) from the first counted photograph to the date of admission announcement.

Those born after 1975 must have completed secondary school or equivalent education.

b) For those engaged in theoretical criticism: Have ten research articles with theoretical and academic value published in Photography Magazine or central newspapers and magazines, possess a certain level of creative photography skills (specific regulations apply), and hold a bachelor's degree or higher.

Article 11. Members

1. Full members are individuals who meet the membership conditions stipulated in Article 10.

2. Honorary members are individuals who have made significant contributions and efforts to the development of Vietnamese photography art and the Association.

Article 12. Obligations of Members

1. Strictly comply with state laws, protect the reputation of the Association.

2. Continuously improve political, professional, and vocational levels, enhance the quality of creative works. Proactively participate in artistic activities, contribute to the common cause of the Association, and help build a progressive and distinctive Vietnamese photography art.

3. Strictly adhere to the Charter and resolutions of the Association, fulfill all tasks assigned by the Executive Board, Standing Committee, Branches, and other organizations of the Association. Unite and support each other to continuously develop and strengthen the organization.

4. Closely cooperate with local literary and artistic associations, truly serve as the backbone of the local photography movement, participate in nurturing and developing new members.

5. Pay membership fees fully and on time as prescribed by the Association.

Article 13. Rights of Members

1. Be issued a membership card of the Vietnam Photographers Association. If unsuitable, members may submit a resignation letter to leave the Association.

2. Full members with at least 24 months of membership are eligible to run for positions in leadership bodies of the Association. Honorary members do not have the right to nominate, elect, or be elected.

3. Participate in discussions and provide opinions on the Association's policies and directions.

4. Receive support from the Association for creative work and publication of works; attend political and professional training classes organized by the Association; participate in scientific research topics organized by the Association.

5. Enjoy rewards and incentives according to the regulations of the Party, State, and the Association.

6. Members aged 70 and above are exempted from paying membership fees. In cases where elderly members with poor health request exemption from activities, they are exempted from participation in the Association.

Article 14. Procedures for Joining the Association

1. Individuals wishing to join the Association must voluntarily submit an application form as prescribed by the Executive Board and guided by the Organization and Competition Department.

2. Review process:

- The Organization and Competition Department receives, checks applications, calculates points, and categorizes them.

- The Art Council evaluates the photographic works and projects of creative members. The Theory and Criticism Council evaluates the writings and projects of theoretical and critical members. Evaluation results and assessments are reported to the Executive Board for each case.

- Based on the specified criteria, the Executive Board considers admitting new members. Admission must be approved by more than half of the Executive Board members.

3. New members are admitted once a year.

4. The President of the Association issues the decision to admit new members. Membership duration is calculated from the date of the decision.

Article 15. Procedures for Leaving the Association

1. Members wishing to leave the Association must voluntarily submit a resignation letter to the Executive Board.

2. Members who do not participate in activities or pay membership fees for two consecutive years will be removed from the member list.

3. Members violating laws, the Association's Charter, and damaging the Association's reputation will be expelled from the Association.

4. Requests for leaving, removal, or expulsion are proposed by branches and the Organization and Competition Department. The Executive Board decides with a majority vote. The President issues the decision to remove names. Resigned members must return their membership cards. Lists of removed and expelled members are announced to relevant agencies and published in Photography Magazine.

Chapter IV

ORGANIZATION OF THE ASSOCIATION

Article 16. Structure of the Association

1. The Central Association is the management body of the Association and its branches, including:

a) Central Association Leadership Bodies:

+ The Executive Board

+ The Standing Committee.

b) Professional Departments and Functional Units Include:

+ The Art Council

+ The Theory and Criticism - Vocational Training Department

+ The Creation - Exhibition - Membership Department

+ Photography Magazine

+ World Photography Magazine

+ The Inspection Department

+ The Office of the Association

+ The External Relations Department

+ The Organization and Competition Department

+ The National Photography Art Archive and Exhibition Center

+ The Photography Vocational Training Center

+ The Representative Office in Ho Chi Minh City

+ The Photography Publishing House

When necessary, the Association may establish additional organizations in accordance with the law.

2. Branches are the grassroots organizations of the Association

Branches are established in units and provinces directly under the Central Government with three members or more. With one or two members, they can join the nearest branch or be directly under the Central Association.

Article 17. Highest Leadership Body of the Association

1. The highest leadership body of the Association is the National Congress of Delegates.

2. The term of the National Congress of Delegates is five years, but in special circumstances, it may convene earlier or later, but not exceeding one year beyond the term period and must notify all members.

3. An extraordinary congress can only be convened when more than half of the Executive Board members propose, or upon request by the competent state management agency.

The Executive Board is responsible for convening the Congress.

Article 18. Procedures for Electing and Removing Delegates to Attend the National Congress

1. The delegates attending the National Congress are the officially elected representatives from grassroots congresses and the natural representatives, appointed representatives.

2. Electing official delegates to attend the congress: branch associations base on the number of official delegates allocated by the congress organizing board according to the general ratio based on the number of members of each branch association to elect through secret ballot with a majority vote. In case multiple members have the same number of votes but only one person can be selected, the member with more years of membership will attend the congress.

3. Natural representatives are official representatives of the congress including current members of the Executive Board of the Association.

4. The current Executive Board has the right to appoint some representatives to attend the congress. Appointed representatives are official representatives of the congress, the number of appointed representatives does not exceed 5% of the total number of representatives attending the congress.

Procedure for disqualifying representatives attending the congress: When the Representative Qualification Inspection Board discovers that a representative attending the congress violates their representative qualifications, with the consent of the Congress Presidium, the representative's qualification will be revoked.

5. Members who do not attend the congress do not have the right to nominate, run for, or vote for positions in the Association's leadership bodies.

Article 19. Executive Board of the Association

1. The number of Executive Board members is determined and voted on by the Congress.

2. Voting procedure: The Congress directly elects through secret ballot. If the first round of voting does not produce enough candidates, a second round is held. If the second round still does not produce enough candidates, whether a third round is held is decided by the Congress. In case multiple people have the same number of votes but only one person can be selected, the person with more years of membership wins.

3. The Executive Board (referred to as the Executive Board) is the governing body between two Congress sessions, responsible for implementing the Congress Resolution and the Association Charter.

4. The Executive Board elects and dismisses the President, Vice Presidents, and members of the Standing Committee, Inspection Board, and Art Council; appoints and dismisses functional boards of the Association; examines new member admissions and expulsions.

5. Executive Board meetings: The newly elected Executive Board member with the highest number of votes has the right to convene new Executive Board members to elect the Association President. The President oversees the Executive Board meeting to elect the Vice Presidents, Standing Committee members, Art Council, and Inspection Board. Regularly, the Executive Board meets once a year. In special cases, it may meet unexpectedly at the President's call. The Southern and Northern Executive Boards meet every six months.

6. Procedures for supplementation and dismissal: When there is a vacancy in the Executive Board, if supplementation of the Standing Committee is necessary, it reports to the Executive Board for consideration and decision. Executive Board members who violate laws and the Association Charter, lose credibility, fail to complete tasks, or for special reasons will be dismissed. Supplementations and dismissals are carried out through secret ballots with a majority vote of Executive Board members.

Article 20. The Standing Committee

1. The Standing Committee is the permanent body responsible for planning and implementing the Congress Resolution, the Executive Board Resolution; managing the Association's regular activities; appointing or dismissing administrative and professional staff under the Association; supervising and directing the activities of branch associations, the Inspection Board, and the Art Council.

2. The Standing Committee consists of: the Association President, Vice Presidents, and some members. The Standing Committee is elected by the Executive Board among its members. The number of Standing Committee members is determined by the Executive Board.

3. The supplementation and dismissal of Standing Committee members are proposed by Executive Board members or the Standing Committee and must be approved by more than half of the Executive Board members through a secret ballot.

4. Decisions of the Standing Committee take effect when more than half of the Standing Committee members approve them.

5. The Standing Committee meets once every three months, and in special cases, it may meet unexpectedly at the President's call.

Article 21. Association President

1. The Association President is elected by the Executive Board among its members through a secret ballot and must be approved by more than half of the Executive Board members.

2. The Association President has the right to propose Vice Presidents and Standing Committee members for the Executive Board to elect.

3. The Association President is the head of the Association's agency, the Association's legal representative; represents the Executive Board to manage the Association's affairs according to the Charter and Congress Resolution, Executive Board Resolution; approves specific regulations implementing the Charter; implements internal and external work, assigns tasks to departments within the Association's agency, directs branch association activities.

4. Represents the Association to establish relations with Party and State agencies, social organizations from central to local levels, as well as equivalent organizations and foreign individuals as prescribed by law.

5. Signs decisions and documents of the Association.

6. Is the account holder of the Association.

7. Bears legal responsibility before the law and members for all Association activities.

Article 22. Association Vice President

1. The Association Vice President is elected and dismissed by the Executive Board and must be approved by more than half of the Executive Board members.

2. The number of Association Vice Presidents is determined by the Executive Board.

3. The Association Vice President assists the President in overseeing specific areas of work and is responsible to the President for their decisions.

4. Handles other tasks and signs documents, manages accounts when authorized by the President.

Article 23. Inspection Committee

1. The Inspection Board is responsible for inspecting and supervising Association organizations and members' implementation of Resolutions, Regulations, and the Charter; proposing measures to resolve complaints, violations by members; Association organizations for the Executive Board to consider and resolve. In special cases, the Inspection Board recommends the Executive Board to request state legal authorities to intervene.

2. The number of Inspection Board members is determined by the Congress.

3. The Inspection Board and the Head of the Inspection Board are elected by the Executive Board through a secret ballot, winning by a majority principle. The Head of the Inspection Board must be an Executive Board member.

4. The supplementation and dismissal of Inspection Board members are proposed by Executive Board members or the Inspection Board and must be approved by more than half of the Executive Board members, with the President issuing the decision.

5. The organizational and operational regulations of the Inspection Board are determined by the Executive Board.

6. The term of office of the Inspection Board follows the term of the Executive Board.

Article 24. Art Council

1. The Art Council operates under the direct leadership of the Executive Committee and is responsible to the Executive Committee for photography art. The Art Council's duties include evaluating the artistic values of domestic and international photographic works bearing the name of the Vietnam Photographers Association; participating in the annual outstanding photography award selection committee of the Association, national and regional art photography exhibitions; summarizing creative art photography activities; proposing measures and methods of operation to enhance artistic quality in accordance with the Party and State's cultural and artistic policies.

2. The number of members of the Art Council is determined by the Executive Committee.

3. The Art Council is elected by the Executive Committee through secret ballot and a majority vote.

4. The Chairman of the Art Council is a member of the Executive Committee.

5. Any supplementation or removal of Art Council members must be approved by more than half of the Executive Committee members, and the decision shall be made by the Chairman.

6. The operational regulations of the Art Council are established by the Executive Committee.

7. The term of office of the Art Council follows that of the Executive Committee.

Article 25Specialized Committees

1. The establishment of specialized committees is decided by the Executive Committee based on consensus with the Ministry of Home Affairs.

2. The number of members in each specialized committee is determined by the Standing Committee.

3. The election and removal of committee heads and center directors are nominated by the Executive Committee and elected through secret ballot or consensus with over half of the Executive Committee members agreeing and the approval of the competent state authority.

4. The tasks of specialized committees are defined by the Executive Committee.

Article 26Branches

1. The Vietnam Photographers Association Branches are grassroots organizations of the Association established in provinces and centrally-administered cities with at least three members. Where there are many members, branches may be established by region or industry. Branch operations are directly led by the Executive Committee and the Standing Committee of the Vietnam Photographers Association; they are also subject to the leadership of local party committees and governments, and have cooperative relations with local Literature and Arts Associations and Cultural and Information Departments.

2. The Vietnam Photographers Association Branches are tasked with managing members, organizing professional activities within the branch, implementing resolutions and work plans of the Executive Committee and Standing Committee; compiling member wishes and recommendations to report to the Executive Committee or Standing Committee; coordinating photography activities with other branches and local literature and arts associations' photography sub-associations; handling tasks delegated by the Executive Committee; collecting membership fees, recommending rewards and disciplinary actions for members within the branch; organizing new member admissions.

3. Branches with ten or more members have a Branch Executive Committee consisting of three or five members. Branches with more than five members elect one Branch President and one Vice-President. Branches with five or fewer members elect one Branch President. Elections are conducted through secret ballot and require a majority vote. The Chairman of the Vietnam Photographers Association issues a decision to recognize the positions.

4. The operational regulations of branches are established by the Association's Executive Committee.

5. The term of office of the Branch Executive Committee follows the term of the National Congress of the Association.

Chapter V

ASSETS AND FINANCES OF THE ASSOCIATION

Article 27. The Association's Assets and Financial Resources

1. The Association's assets include movable and immovable property assigned by the State for management by the Association, property purchased by the Association, and donations from individuals and organizations.

2. The Association's financial resources include the following sources of income:

- Funding allocated and supported by the State budget.

- Membership fees and other contributions from members.

- Sponsorship from domestic and foreign individuals and organizations.

- Income from professional and service activities organized by the Association in accordance with the law.

Article 28Utilization of the Association's Financial Resources

1. Expenses for professional and administrative activities of the Association.

2. Payment of salaries and allowances to full-time and part-time staff of the Association.

3. Training, support, and encouragement for members' creative work, and awards.

4. Expenditures as prescribed by the State and the Association's Executive Committee.

Article 29. Management of assets and finances of the Association

1. The Association's assets and financial resources are managed in accordance with the law and the Association's Executive Committee regulations. The Chairman of the Association is responsible for managing the Association's assets and financial resources.

2. Heads of units subordinate to the Association are responsible to the Standing Committee for the management and use of assigned assets and financial resources and must implement periodic reporting systems.

3. The transfer of assets and financial resources among Association-affiliated agencies is decided by the Standing Committee.

4. Authorized representatives and the Chief Accountant assist the Chairman in managing assets and financial resources according to legal provisions.

5. Annual asset inventory and financial settlement are conducted in accordance with legal provisions.

6. When merging, splitting, or dissolving, the Association's assets and financial resources are handled in accordance with government regulations.

Chapter VI

REWARDS AND DISCIPLINARY MEASURES

Article 30.. Awards

1. Members who achieve notable accomplishments in creation and photography activities are eligible for commemorative medals For the Development of Vietnamese Photography Art and other forms of Association rewards.

2. Individuals and organizations, both domestic and foreign, who make outstanding contributions to the Vietnamese photography cause are eligible for commemorative medals. For the Development of Vietnamese Photography Art.

3. Members with outstanding achievements are recommended by the Association to the State and relevant authorities for awards, State honorary titles, and other forms of recognition in accordance with the Law on Encouragement and Reward.

4. Members of the Association are eligible for the conferment of photographer titles (with separate regulations).

5. The Association's Competition Council advises the Standing Committee on rewards, and the Chairman signs reward decisions and recommendations for higher-level rewards.

6. Regulations on reward assessment are established by the Executive Committee.

Article 31. Disciplinary measures

1. Members violating State laws and the Association's Charter will face disciplinary measures ranging from reprimand, warning, removal, to expulsion from the Association depending on the severity of the violation.

2. Disciplinary actions against members are proposed by the Branch Executive Committee and the Inspection Committee to the Standing Committee for review, and the Chairman makes the decision.

3. Regulations on disciplinary action against members are established by the Executive Committee.

Chapter VII

IMPLEMENTING PROVISIONS

Article 32Amendment and Supplement to the Charter

Only the General Assembly or the National Congress of Delegates of the Association has the right to amend or supplement the Association's Charter.

Article 33. Effective date

The Charter of the Association consists of 7 chapters and 33 Articles, which were adopted at the Sixth National Congress of the Vietnam Photographers Association on March 14, 2005.

The Charter of the Vietnam Photographers Association shall take effect pursuant to the Decision approving it by the Ministry of Home Affairs./.