Decision No. 67/2004/QĐ-BNV on the approval of the Statutes of the Vietnam Rubber Association

Pursuant to …;

regarding the approval of the Charter of the Vietnam Rubber Association.

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 Rubber Association and the Director of the Department for Non-Governmental Organizations,

DECISION:

Article 1. Approves the Charter of the Vietnam Rubber Association which was adopted at the First General Assembly of the Association on June 24, 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 Rubber Association and the Director of the Department for Non-Governmental Organizations shall be responsible for implementing this Decision.

CHARTER

Vietnam Rubber Association

(Issued pursuant to Decision No. 67/2004/QĐ-BNV dated October 13, 2004)

Chapter 1

Name of the Association:

Article 1. The Association takes the name: Vietnam Rubber Association.

English name: The Vietnam Rubber Association.

Abbreviation: VRA.

Article 2. The Vietnam Rubber Association (hereinafter referred to as the Association) is an organization that gathers and represents enterprises, organizations, and individuals operating in sectors related to the rubber industry in Vietnam; established voluntarily with the aim of coordinating activities effectively, protecting the legitimate rights of members, contributing to the development of the national economy and society, protecting the environment, and promoting international cooperation and banking relations in the rubber industry.

The purpose of the Association is to link, cooperate, and support each other economically and technically in research, technology, planting, production, business, services to enhance the value of rubber products; represent and protect the legitimate interests of members; contribute to creating more jobs and improving the living standards of workers.

Article 3. The Vietnam Rubber Association has legal personality, its own seal, and a bank account.

The Vietnam Rubber Association is headquartered at No. 236 Nam Ky Khoi Nghia Street, Ward 6, District 3, Ho Chi Minh City, and has representative offices both domestically and internationally according to current regulations of the Socialist Republic of Vietnam and the host country.

Article 4. The Vietnam Rubber Association operates nationwide. The Association is subject to state management, guidance, and support from the Ministry of Agriculture and Rural Development and relevant ministries. The Association operates under the laws of the Socialist Republic of Vietnam and this Charter.

Chapter 2

TASKS AND POWERS OF THE ASSOCIATION

Article 5. Tasks and powers of the Association.

The Vietnam Rubber Association has the following main responsibilities and powers:

A. Tasks of the Association:

1. Advise the State on strategies for developing the rubber industry, policies, and necessary measures to protect and encourage producers, processors, and exporters of rubber (especially in the processing industry and export markets), while ensuring the interests of the State, society, and members of the Association.

2. Participate and advise state agencies on production and business objectives and directions; plans for investment, production, market, application of science and technology, finance, exports, international cooperation, and other related issues; solutions to stabilize market prices and build risk support funds for the Vietnamese rubber industry according to the division and delegation of authority by competent state agencies.

3. Organize coordinated activities among members in production, processing, business, scientific and technological research and application, training... to achieve the highest overall effectiveness and balance the interests between members. Timely prevent unfair competition activities and behaviors.

4. Advise members on research work, technology transfer, standardization to improve productivity, output, quality, variety of products, processing technology, environmental protection...

5. Advise members on investment plans, markets, trade promotion, exhibitions, conferences, seminars, tours, surveys about the rubber industry both domestically and internationally to operate effectively.

6. Provide timely information to members about market conditions, economy, science and technology, laws, statistics both domestically and internationally through regular newsletters, websites, conferences, meetings, and annual reports; exchange information with international rubber organizations and countries according to the principle of complying with state and Association regulations, ensuring national security, professional confidentiality, and obtaining member approval.

B. Powers of the Association:

1. Represent the Vietnamese rubber industry to negotiate and sign documents consistent with the Association's functions and activities as prescribed by law.

Organize and participate in international conferences, seminars, tours, and surveys about the rubber industry when the Association is permitted by the state to join.

2. Participate and advise the Ministry of Agriculture and Rural Development, the Ministry of Trade, and relevant ministries on managing production, processing, business, import and export, and related policies to the Vietnamese rubber industry.

3. Manage and use membership fees contributed by members according to current state and Association regulations; fulfill membership obligations to international organizations when the Vietnam Rubber Association is a member of these organizations.

4. The Vietnam Rubber Association has the right to establish and use insurance funds and support funds according to state regulations and resolutions of the General Assembly to assist members in maintaining and developing their rubber industry business activities.

5. The Chairman of the Association has the right to dispatch members and Association staff for domestic and foreign missions based on job requirements and Association plans as stipulated by the state; nominate members and staff to participate in research, cooperation, and technology transfer programs both domestically and internationally to enhance the effectiveness of the Vietnamese rubber industry.

Chapter 3

MEMBERS

Article 6Enterprises, organizations, and individuals with Vietnamese legal status operating in sectors related to the rubber industry such as cultivation, primary processing, manufacturing, training, finance, credit, consulting, and other fields; regardless of management level, including independent accounting units of the Vietnam Rubber Corporation; agreeing to the Charter of the Association; voluntarily submitting an application for membership and paying all required membership fees and funds as prescribed shall be considered for recognition as members. The Executive Board of the Vietnam Rubber Association is the authority responsible for recognizing member status and detailing the procedures for admission.

1. Full members: include individual members and collective members:

1. 1. Individual members: Are Vietnamese citizens engaged in the cultivation, production, processing, trading, import-export, service provision, training, and scientific research on rubber, agreeing to the Charter of the Association, voluntarily applying for membership in the Association and being admitted to the Association.

1. 2. Collective members: are organizations engaged in cultivation, production, processing, trading, import-export, service provision, and schools, research institutions on Vietnamese rubber, agreeing to the Charter of the Association, represented by their heads in applying for membership in the Association and being admitted to the Association.

2. Associated members: Are enterprises, organizations, and individuals involved in joint ventures or having 100% foreign investment capital, operating in Vietnam, making significant contributions to the Association, agreeing to the Charter of the Association, and being admitted to the Association by the Executive Board.

3. Honorary members: are organizations and individuals who have made positive contributions to the development of the Association, agreeing to the Charter of the Association, and being invited to join the Association by the Executive Board.

Article 7. Obligations and benefits of members.

A. Obligations of members:

1. Strictly implementing laws, policies, and current regulations of the State and the Charter, internal rules, regulations, resolutions, and decisions of the Association. Actively participating in common activities as assigned by the Association.

2. Paying membership fees and shared funds as stipulated by the Association, including:

- Membership fees upon joining as a member of the Association and annual membership fees.

- Term funds without interest contributed voluntarily by members according to the Resolution of the Executive Board of the Association.

- Funds used for purposes such as insurance, production support, rubber processing, export, research, training, and operations of the Association, contributed voluntarily by members.

3. Strengthening cooperation, association, and support among members to enhance effective production and business operations and minimize losses for each member.

Members should strengthen collaboration and cooperation among themselves in activities such as joint ventures, agency agreements at reasonable costs, supply of materials and raw materials, capital, customer information provision, domestic and export pricing policy planning, debt bidding linkage, new high-yield rubber plantation linkage, product processing, information exchange, cooperative training, scientific and technological research application, lending and leasing of fixed assets, product consumption...

4. Members shall not allow foreigners or foreign organizations to exploit the name or use the name of members to engage in production and business activities within and outside Vietnam; shall not exploit the name of the Association to interact with organizations outside the Association; shall not operate under unfair competitive practices causing damage to the Association or members within the Association such as selling below cost, poaching customers dishonestly, buying below cost, market manipulation, fraud, bidding wars...

5. Shall protect the common interests of the entire Association and its members. Protect the interests and reputation of Vietnamese rubber on the international stage.

- Only export rubber products that meet quality standards according to signed contracts, ensuring delivery deadlines... and cooperate and link with each other to protect the common rights of the Association and each member when foreign countries violate signed contracts.

- Not to use the name of an Association member to provide documents, information, or disclose secrets harmful to state policies, Association resolutions on production, processing, and business operations in the rubber industry, causing damage to customers, the industry, and the country.

6. Implement information reporting requirements to the Association on issues regulated by the Executive Board's operational charter to serve the common interests of the entire Association.

B. Rights of members:

1. Participate in discussions and voting on common issues, run for and elect management bodies of the Association and participate in activities organized by the Association.

Associated members and honorary members do not participate in running for or nominating positions in the Executive Board and do not vote on Association issues.

2. Receive and update necessary information related to production and business operations, science and technology... to incorporate scientific and technological advancements into production.

3. Maintain their own autonomy in economic relations and external activities; if necessary, they may be authorized by the Association to represent it in dealings with organizations outside the Association, provided that such delegation does not harm the interests of the Association, the country, and other members within the Association.

4. Enjoy preferential treatment offered by the Association to members. The Association protects their legitimate rights in business and production activities and in relationships with domestic and foreign customers. They may be supported in production and export of rubber products when encountering natural disasters or risks, based on the Association's support fund capacity and specific, reasonable requests from members.

5. Members in difficult regions (mountainous areas, newly economic zones, settled farming...) are prioritized to enjoy preferential rights granted by the state to the Association.

6. The Association assists in economic foreign activities, overseas visits, surveys, participation in trade fairs, exhibitions, advertising... Members bear responsibility for costs.

7. Be rewarded for outstanding results contributing to the Association.

8. Can request to leave the Association when they themselves do not wish or cannot continue to participate in activities as a member.

Article 8. Membership status shall be invalid if any of the following circumstances occur:

1. Suspension and termination of operations.

2. Dissolution or bankruptcy.

3. By Decision of the Executive Board with at least three-quarters agreement of the members of the Executive Board for one of the following reasons:

a) Failure to comply with or serious violation of resolutions, decisions, regulations of the Association and the Charter of the Association.

b) Activities contrary to the purpose of the Association, causing damage to the reputation or finances of the Association.

A member whose membership status is revoked under Clause 3 of Article 8 has the right to appeal to the General Assembly, and the decision of the General Assembly is final.

Chapter 4

 ORGANIZATION AND MANAGEMENT OF THE ASSOCIATION

Article 9. The organization and operation of the Vietnam Rubber Association follow the principle of voluntary and democratic centralism, reflected in the resolutions of the General Assembly and the Executive Board decided by majority vote, individuals responsible for their assigned tasks.

Article 10. The organizational structure of the Vietnam Rubber Association includes:

- National Congress of Delegates.

- Executive Board.

- Inspection Board.

- Office assisting the Executive Board.

Article 11The National Congress of Delegates of the Vietnam Rubber Association has the highest authority within the Association, held every five years and its responsibilities include:

1. Discussing and approving reports on the operational situation and plans of the Association.

2. Reviewing and approving financial reports and plans of the Association.

3. Reviewing and deciding issues related to the rights and responsibilities of members, decisions of the Executive Board regarding admission or expulsion of members.

4. Reviewing and deciding amendments to the Charter of the Association.

5. Electing the Executive Board and the Inspection Board of the Association.

6. In cases where the number of members exceeds 100, the Congress will convene in the form of a Congress of Delegates, the number of delegates will be determined by the Executive Board based on the ratio of members. If the number of members is less than 100, the Congress will consist of all members.

Article 12The Member Conference is convened once a year to discuss and decide on the work of the Association according to Article 11, Clauses 1, 2, and 3.

Article 13. When necessary, upon request from more than half of the members, or by decision of the Executive Board, an extraordinary Congress of Delegates or Member Conference may be convened.

Article 14. The Congress and Member Conferences conduct voting on issues according to the majority principle.

- Decisions are expressed through resolutions. When passed with valid votes (with specific rules), they are binding on all members of the Association.

- Members absent have the right to submit opinions in writing.

Article 15The Executive Board of the Association:

1. The Executive Board of the Association is the management body of the Association between Congress sessions.

2. The Executive Board of the Association consists of 15 to 17 members, including two representatives from state agencies, the Ministry of Agriculture and Rural Development, and the Ministry of Trade, appointed by the respective Ministers. The number of members of the Executive Board is decided by the Congress. Members of the Executive Board are allocated according to the ratio of members in each region or territory.

3. The Executive Board of the Association includes:

- Chairman.

- Vice Chairmen.

- Secretary-General.

- Members.

The Chairman and Vice Chairmen are elected by the Executive Board of the Association.

The term of office of the Executive Board of the Association is five years, members of the Executive Board elected can be relieved of duty before the end of their term by decision of an extraordinary Congress or by proposal of more than two-thirds of the members.

In case a member of the Executive Board retires, is suspended from work, or for other reasons cannot continue their duties, the member entity must appoint another person to replace them and notify the Chairman of the Association within thirty days. The replacement member is recognized as a member of the Executive Board with the approval of at least two-thirds of the members of the Executive Board.

4. The Executive Board of the Association convenes regularly every six months to review and evaluate the operational situation of the Association, discuss and decide on necessary measures to implement the resolutions of the Association Congress.

When necessary, the Executive Board of the Association may convene an extraordinary meeting at the call of the Chairman of the Association.

Resolutions of the Executive Board of the Association on major issues related to the overall policy and strategies of the entire Association must be unanimously agreed upon by all present members of the Executive Board. Other issues are decided by majority vote.

Resolutions of the Executive Board of the Association may lose effect by veto of the full Congress or Congress of Delegates.

Article 16Responsibilities of the Executive Board of the Association:

1. Organizing the implementation of the Charter, resolutions, and regulations approved by the Congress or Member Conference.

2. Fulfilling the obligations of members towards international organizations that the Association participates in (providing information, paying annual fees to the Association).

3. Proposing solutions to state agencies to address issues related to the rubber industry and members' activities, aiming to effectively produce, apply scientific technology, and import/export rubber, enhance the competitiveness of Vietnamese rubber products in the international market, and protect the interests of members.

4. Within its authority, preparing contents, drafting regulations in production, business, export-import, and organizational management fields to be submitted to the Association Congress for decision.

5. The Executive Board convenes extraordinary meetings of delegates to resolve important issues arising during the period between Congress sessions that relate to the production, business, and organizational management of the Association.

6. Considering admission, expulsion, rewarding members, and proposing the Association and state agencies to handle members who violate the Charter or regulations, systems, laws, and national interests.

Article 17. The permanent office of the Executive Board of the Association includes the Chairman, Vice Chairmen, and Secretary-General.

The permanent office is responsible for managing the regular work of the Executive Board of the Association.

Article 18The President of the Association is the legitimate representative of the Association, managing the operations of the Executive Board, representing the Executive Board and the Association in relations with domestic and foreign agencies and organizations to resolve issues related to the Association's activities.

The President of the Executive Board may delegate authority to the Vice President of the Executive Board to handle individual issues after the Executive Board has reached a consensus. In the absence of the President, a delegated Vice President shall manage the operations of the Executive Board and its support staff.

Article 19The Secretary General is a member of the Executive Board, assisting the Executive Board in handling daily tasks of the Standing Office of the Executive Board.

The Secretary General is responsible for the Office of the Association, overseeing the operations of the Association's Office.

The Secretary General assists the President in transactions with domestic and foreign organizations and individuals to implement the Association's programs.

The Secretary General is nominated by the President and approved by the Executive Board. The term of office of the Secretary General is five years.

Article 20. To assist the Executive Board, the Association establishes an Office under the responsibility of the Association's Secretary General. The number of staff members of the Association's Office is proposed by the President and must be approved by the Executive Board.

Article 21Based on actual work requirements, the Executive Board of the Association may establish Sub-committees to provide assistance (Sub-committee for Agricultural Promotion, Science and Technology, Market Prices - Marketing, etc.).

When necessary, the Standing Office of the Executive Board of the Association may invite some officials to serve as advisors.

Article 22The Inspection Committee consists of three members elected by the Congress or Member Meeting with a term of five years, including one Chairperson who is a member of the Executive Board, operating according to the Regulations established and approved.

The Inspection Committee is responsible for verifying the qualifications of Delegates attending the Congress; inspecting the implementation of resolutions of the Congress and the Executive Board; inspecting financial matters and reporting the results of financial inspections to the Executive Board, at the annual meeting, and before the Congress.

Chapter 5

FINANCIAL AFFAIRS OF THE ASSOCIATION

Article 23. The financial resources of the Association include:

- Membership fees and association dues contributed by members. Specific collection levels each year are proposed by the Association President and decided upon by the Executive Board and the Congress or Member Meeting. Association dues are accounted for in the cost price or operational expenses of members.

- The Export Rubber Insurance Fund established in accordance with state regulations.

- Sponsorship from domestic and foreign organizations and individuals.

- Activities generated by the Association.

- Other legitimate sources of income.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."Management and utilization regulations for the Association's finances and assets are developed by the Association's Executive Board based on state regulations and the Association's Congress, with dedicated or part-time staff providing assistance, regularly reporting transparently to the Association's Executive Board on management and utilization.

Chapter 6

ESTABLISHMENT AND DISSOLUTION OF THE ASSOCIATION

Article 25The Association dissolves when two-thirds of the Members' Representatives at the Congress propose dissolution through a resolution and it is approved by the Ministry of Home Affairs. Upon dissolution, the Executive Board of the Association is responsible for completing all procedures and matters related to the Association and its members in accordance with the law.

Chapter 7

IMPLEMENTATION PROVISIONS

Article 26. These Statutes consist of 7 Chapters and 26 Articles, which were unanimously adopted by the General Assembly of the Vietnam Rubber Association on June 24, 2004. Any amendments or supplements to these Statutes must be proposed and unanimously agreed upon by the National Congress of Representatives of the Vietnam Rubber Association and approved by the competent state authority before they can take effect.