Decision No. 68/2005/QD-BNV Regarding the Approval of the Charter of the Vietnam Beer - Alcohol - Beverage Association

 

Pursuant to …;

Regarding the approval of the Statutes of the Vietnam Beer - Alcohol - Beverage 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 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 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 Beer - Alcohol - Beverage Association and the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Approves the Statutes of the Vietnam Beer - Alcohol - Beverage Association which were adopted at the Third Term General Assembly on May 9, 2005.

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 Beer - Alcohol - Beverage Association and the Director of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision./. 

CHARTER

VIETNAM BEER - ALCOHOL - BEVERAGE ASSOCIATION

(issued together with Decision No. 68/2005/QĐ-BNV

dated July 11, 2005 of the Ministry of Home Affairs)

PART I

Name of the Association:

Article 1. Name

The Association takes the name of Vietnam Beer - Alcohol - Beverage Association

English name: VIETNAM BEER - ALCOHOL - BEVERAGE ASSOCIATION

Abbreviation: VBA

Article 2. Purpose and Objectives

The Vietnam Beer - Alcohol - Beverage Association is a voluntary organization of Vietnamese enterprises operating in the fields of production, service provision, processing, and supply of materials, raw materials, and specialized equipment for beer - alcohol - beverage.

The purpose of the Association is to gather, unite, and cooperate among member units, support each other economically and technically in production and service provision, improve product value; represent and protect the legitimate rights and interests of members; create more jobs and improve the living standards of workers in the beer - alcohol - beverage industry, contributing to the country's economic development.

Article 3. Legal Status of the Association

The Vietnam Beer - Alcohol - Beverage Association has legal personality, its own seal, and separate bank accounts.

Main office located at 94 Lo Duc Street, Hai Ba Trung District, Hanoi City.

Article 4. The Vietnam Beer - Alcohol - Beverage Association operates throughout the country in accordance with the laws of the Socialist Republic of Vietnam and these Statutes.

Chapter II

TASKS AND POWERS OF THE ASSOCIATION

Article 5. Tasks and powers of the Association:

1. To educate and disseminate to members about the policies, guidelines, and measures of the Party and State regarding the construction and development of the beer - alcohol - beverage industry across all economic sectors, labor safety, and environmental protection.

2. To represent members in making proposals to the State concerning policies, measures to encourage and assist in developing the beer - alcohol - beverage industry, protecting the legitimate rights and interests of members, resolving cases that cause damage to the rights and interests of members; fulfilling obligations towards the State.

3. To mobilize the enthusiasm and creative potential of members, cooperate and support each other economically and technically in the production and service provision of beer - alcohol - beverages through experience exchange, dissemination, and application of new scientific and technological achievements.

4. To provide advisory services to organizations and individuals within the Association during organizational restructuring and occupational structure transformation.

To provide information on economics, markets, and prices to enable members to adjust their production and business operations for higher economic efficiency.

5. To organize conferences and seminars to exchange professional experiences, encourage cooperation and collaboration among members for mutual survival and development. To carry out trade promotion activities both domestically and internationally in accordance with the law.

6. To build and develop the organizational structure of the Association and expand its membership base, establish material foundations, and broaden the scope of the Association.

To build and develop international relations with individuals and organizations in Southeast Asia and around the world in accordance with the law.

7. To publish magazines, periodicals, and technical and economic management documents in accordance with the law.

8. Other tasks and powers as prescribed by law.

Chapter III

MEMBERS

Article 6. Members

1. Regular Members: Vietnamese legal entities operating in the fields of production and service provision, processing of beer - alcohol - beverages, who agree with the Statutes of the Association, pay the membership fee, and regularly pay dues can become regular members of the Association.

2. Associate Members: Joint ventures, foreign-invested enterprises operating in Vietnam, and foreign companies with representative offices in Vietnam, who contribute to the development of the Association, agree with the Statutes of the Association, and express a desire to join, may be recognized as associate members by the Association upon consideration.

3. Honorary Members: Vietnamese citizens who are top managers, researchers, and economic experts, who have made positive contributions to the Association, may be considered and recognized as honorary members.

Article 7. Forms of Termination of Membership Rights:

1. A member voluntarily requests to withdraw from the Association, must submit a letter to the Executive Board of the Association and obtain written acceptance from the Executive Board of the Association.

2. A member is expelled from the Association in case of serious violation of the Statutes of the Association, causing damage to the reputation, prestige, and rights of the Association.

3. Being suspended from operation, dissolved, or declared bankrupt by state authorities.

The rights and obligations of a member terminate after the Executive Board of the Association issues a notice.

The Executive Board of the Association shall notify all other members of the list of members who have requested withdrawal from the Association and those who have been expelled.

Article 8. Benefits of Membership:

1. Participate in the General Assembly and elect representatives to attend the General Assembly of the Association.

2. Discuss, vote, question, and criticize all matters of the Association; make proposals and express opinions to state agencies through the Association. (Associate members and honorary members do not have voting rights on Association matters).

3. Be nominated and elected to the Executive Board and other positions within the Association (for regular members).

4. Receive dissemination of production experience, vocational training, and improvement of scientific and technical knowledge through various forms such as providing information and documents, attending seminars, training courses, technical demonstrations, technology transfer, domestic and international study tours and surveys.

5. Be assisted by the Association in research projects, protection of copyright for research works, improvements, inventions in the profession, and legitimate rights in production and consumption of products in accordance with state laws.

6. Be introduced by the Association to entities within and outside the industry for production contracts, organization of processing, and technical expertise positions.

7. Have the right to leave the Association.

8. Associate members and honorary members enjoy the same rights as regular members except for the rights to nominate, vote, and ballot.

Article 9. Members have the following obligations:

1. Strictly comply with the state's policies, laws, and regulations stipulated in this charter; implement resolutions of the Association: promote new membership recruitment.

2. Participate in activities and life of the Association; unite and cooperate with other members to build a stronger Association.

3. Provide necessary information and data to serve the Association's activities.

4. Pay membership fees and dues as required.

Chapter IV

ORGANIZATION OF THE ASSOCIATION

Article 10. Principles of organization and operation of the Association

The Vietnam Beer - Wine - Beverage Association is organized and operates on the principles of voluntariness, self-management, financial self-sufficiency, and equality among all members.

Executive bodies operate based on consultation, democracy, and collective leadership, with the minority服从于the majority.

Article 11. The organization of the Association includes:

- Central Association.

- Affiliated Branches.

- Some service, advisory, and training units directly under the Association.

Article 12. National Congress, Extraordinary Congress

The National Congress of the Vietnam Beer - Wine - Beverage Association

1. The National Congress of the Vietnam Beer - Wine - Beverage Association is the highest authority of the Association, held every five years.

2. Duties of the Congress:

a) Discuss and review the report on the term summary and new direction of the Association's activities;

b) Discuss and provide feedback on the term summary report of the Central Executive Board of the Association;

c) Decide on the direction and program of the Association's work;

d) Decide on amendments and supplements to the Association's Charter and name (if any);

e) Discuss and decide on important issues of the Association that exceed the resolution authority of the Executive Board;

f) Discuss and approve the final financial settlement and adopt the new financial plan;

g) Elect the Central Executive Board of the Association, split, merge, dissolve the Association, establish branch associations (if any).

3. The Central Executive Board of the Association may convene an extraordinary congress to address urgent issues of the Association upon the proposal of two-thirds of the Executive Board members, or more than half of the members request.

4. Resolutions of the Congress are passed according to the principle of majority rule.

Article 13. Central Executive Board of the Association

1. The Central Executive Board of the Association is the leading body of the Association between two congresses. The number of board members is decided by the Congress and elected directly by secret ballot or show of hands. The candidate must receive more than 50% of valid votes.

The Central Executive Board elects the Standing Committee and the Inspection Board of the Association

Members of the Central Executive Board can be re-elected or relieved of duty before their term ends according to the decision of the Congress, or upon the proposal of more than half of the members.

The board members are legitimate representatives of member units, therefore during the period between terms, if a board member retires or changes position at the member unit, the Congress authorizes the Standing Committee of the Association to have the right to elect and submit for approval by higher authorities the person to replace the board member at the member unit as a legitimate replacement in the Central Executive Board.

The term of the Central Executive Board is once every five years, operating according to the regulations approved by the Congress.

2. The Central Executive Board of the Association meets regularly once a year.

During regular meetings, the Central Executive Board may invite some directors of large units related to attend together.

3. Duties and powers of the Central Executive Board of the Association:

a) Decide on measures to implement the Congress resolutions and the term activity program;

b) Decide on the annual work program and plan and announce the results of the Central Executive Board's activities to branches and members;

c) Approve the annual financial plan and settlement;

d) Define the organization and operation of specialized boards, the Association's office, representative offices in regions; define the principles, systems for using and managing the Association's assets and finances;

e) Elect and dismiss leadership positions of the Association: President, Vice President, Secretary General, Deputy Secretary General;

f) Appoint heads of specialized boards and regional representatives of the Association;

g) Prepare the content, agenda, and documents for the Congress;

h) Decide to convene a term Congress or an annual member meeting;

i) Examine and admit/discard members.

Article 14. Standing Committee

1. The Standing Committee is elected by the Central Executive Board, consisting of: President, Vice President, Secretary General, Deputy Secretary General, and some members. The number of members is decided by the Central Executive Board.

2. The Standing Committee represents the Central Executive Board to direct and manage the Association's operations between meetings and must report on their work performance in Central Executive Board meetings.

3. The Standing Committee operates according to the regulations approved by the Central Executive Board.

Article 15. President and Vice Presidents

1. The President has the authority and responsibility:

a) To represent the Association before the law;

b) Manage the account, finance, and property of the Association;

c) Organize and implement the Congress resolutions, member meetings resolutions, and decisions of the Central Executive Board;

d) Sign decisions on appointment, dismissal, and directly lead the Association's Secretary General;

e) Approve the establishment of the Association's office and other organizations established by the Association;

f) Be responsible to the Central Executive Board and all members for the Association's activities.

2. The Vice Presidents assist the President, assigned by the President to handle specific issues and may be authorized to manage the Central Executive Board's work when the President is absent.

Article 16. Secretary General and Deputy Secretary General of the Association.

1. Secretary General:

a) Directly manage all activities of the Association's office;

b) Establish the Rules of Operation of the Association's Office, Financial Management Regulations, and Asset Management Regulations of the Association for approval by the Executive Board;

c) Regularly report to the Standing Committee and the Executive Board on the activities of the Association;

d) Prepare annual reports and term reports of the Executive Board;

e) Manage membership files and documents of members and affiliated organizations;

f) Be responsible before the Executive Board and the law for the activities of the Association's Office.

2. Deputy Secretary-General

The Deputy Secretary-General assists the Secretary-General and may be assigned specific tasks by the Secretary-General. When the Secretary-General is absent, the Deputy Secretary-General may be authorized to manage the operations of the Association's Office.

Article 17. The Association's Office

1. The Association's Office is organized and operates according to the Rules submitted by the Secretary-General for approval by the Executive Board.

2. Staff of the Association's Office are hired under fixed-term contracts or seconded from member units.

3. Operating funds of the Association's Office are budgeted by the Secretary-General for approval by the Executive Board.

Article 18. Inspection Board

1. The Inspection Board is directly elected by the Central Executive Board of the Association. The number of Inspection Board members is determined by the Association's Executive Board.

2. The Inspection Board operates under the Inspection Rules approved by the Executive Board.

Chapter V

FINANCE AND ASSETS OF THE ASSOCIATION

Article 19. Sources of Income of the Association

1. Membership fees.

2. Dues contributions from members as prescribed.

3. Donations from domestic and foreign organizations and individuals in accordance with the law.

4. Other lawful income.

Article 20. Expenditures of the Association

Expenditures are made according to the Association's financial regulations, such as paying salaries to staff, allowances, contributors, infrastructure, charitable exchanges, and other reasonable expenditures as stipulated by the Association's Standing Committee.

Article 21. Management and Use of Finance and Assets

1. The Central Executive Board of the Association regulates the management and use of finance and assets of the Association in compliance with state regulations.

2. The Inspection Board is responsible for auditing and publicly reporting the finances and assets annually to members.

Chapter VI

REWARD AND DISCIPLINE

Article 22. Awards

Members, members of the Executive Board, Standing Committee, Inspection Board, officers, and staff of the Association who have made significant contributions to the development of the Beer-Wine-Beverage industry and the construction of the Association will be appropriately rewarded by the Association and may be recommended for rewards by state agencies.

Article 23. Disciplinary Measures

Any member who violates the Charter or Resolutions of the Association, damages the reputation and honor of the Association, misses regular meetings without valid reasons multiple times, or fails to pay dues for one year will be criticized or removed from the membership list depending on the severity of the violation.

Chapter VII

IMPLEMENTING PROVISIONS

Article 24. This Charter has been approved by the Third General Assembly of the Vietnam Beer-Wine-Beverage Association on May 9, 2005. Amendments and supplements to the Charter must be proposed by the National Congress of the Vietnam Beer-Wine-Beverage Association and approved by the competent state authority to take effect./.