Decision No. 69/2005/QD-BNV on Approving the Amended Charter of the Vietnam Writers' Association

Pursuant to …;

Regarding the approval of the Charter (amended) of the Vietnam Writers' Association

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 on 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 on the organization, operation, and management of Associations;

Considering the proposal of the Chairman of the Vietnam Writers' Association and the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Approves the amended Charter of the Vietnam Writers' Association which was adopted at the Seventh National Congress of the Vietnam Writers' Association on April 25, 2005.

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

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

CHARTER (AMENDED) OF THE VIETNAM WRITERS' ASSOCIATION

 

(issued pursuant to Decision No. 69/2005/QĐ-BNV dated July 14, 2005 of the Ministry of Home Affairs)

 

PART I

NAME, AIMS, MISSION, AND SCOPE OF ACTIVITY

AND PRINCIPLES OF ORGANIZATION AND OPERATION OF ASSOCIATIONS

Article 1. Name of the Association:

Name of the Association: Vietnam Writers' Association.

Name of the Association in English: Vietnam Writers' Association.

Abbreviation: VWA.

Article 2. Nature, Purpose of the Association

1. The Vietnam Writers' Association (referred to as the Association) is a voluntary political, social, and occupational organization of Vietnamese writers (including those who create poetry, prose, scripts, literary criticism, and literary translations) whose profession is literary activity.

2. The Association gathers and unites writers in the cause of building a progressive Vietnamese literature with strong national characteristics. The Association respects each writer's unique style and encourages all efforts towards artistic innovation aimed at serving the people, serving the socialist Fatherland of Vietnam, promoting peace, and fostering friendly cooperation with nations around the world.

3. The Vietnam Writers' Association operates under the leadership of the Communist Party of Vietnam; it acts according to the cultural and artistic policies of the Party; it is subject to state management and complies with the laws of the Socialist Republic of Vietnam.

Article 3. Scope of Activities

The Vietnam Writers' Association operates throughout the country and expands cooperative relations, conducts information and professional experience exchanges with foreign literary organizations and writers in accordance with Vietnamese law and international practice.

Article 4. Principles of Organizational Activities

The Vietnam Writers' Association operates in accordance with its Charter approved by competent state authorities and does not contravene the law; it operates based on the principles of voluntariness, democracy, majority decision-making, and accountability before the law.

Article 5. Relations of the Association

1. The Vietnam Writers' Association is a member of the Vietnam Federation of Literature and Art Circles.

2. The Association maintains professional relations with specialized literature and art associations, local literature and art associations, and central and local agencies and mass organizations.

3. The Association has relations with foreign literary organizations and writers in accordance with Vietnamese law and international practice.

Article 6. Headquarters, Legal Status, Seal, and Bank Account

1. The Vietnam Writers' Association has legal status, a seal (wet stamp, miniature wet stamp, raised stamp), and a separate bank account.

2. The Association's headquarters is located in Hanoi, the capital city.

 

Chapter II

TASKS AND RIGHTS OF THE ASSOCIATION

Article 7. Basic Tasks of the Vietnam Writers' Association

1. Protecting the social and occupational rights and copyright of writers as stipulated by law to promote creative freedom with a high sense of responsibility of each writer towards the cause of building and defending the Fatherland and the interests of the people.

2. Creating spiritual and material conditions to support creative work, helping writers to closely connect with the political and social life of the country and the lives of the people.

3. Paying attention to discovering and supporting young literary talents and ethnic minority literatures.

4. Organizing mutual assistance in activities and in the life of members. Concerning the living conditions of elderly, sick, and struggling writers, appropriate measures should be taken to provide assistance.

5. Proposing policies and directions for the development of the literary cause and regulations for writers to relevant Party and State agencies.

6. Expanding cooperative relations, conducting information and professional experience exchanges with foreign literary organizations and writers in accordance with the law.

Article 8. Powers of the Association

1. Developing plans and implementing domestic activities and cooperating with foreign countries based on the resolutions of the Congress.

2. Managing affiliated agencies, branch associations, and members nationwide.

3. Awarding and disciplining organizations, agencies, branch associations, members, and staff under the Association's establishment. Awarding collectives and individuals both domestically and internationally who have made outstanding contributions to the development of national literature.

4. Deciding issues related to the financial plan and assets of the Association.

5. Accepting sponsorship from the State and domestic and foreign economic and social organizations in accordance with the law to serve the creative activities of the Association.

 

Chapter III

MEMBERS

Article 9. Members

Any Vietnamese citizen who takes literary activity as their profession, writes in the languages of the Vietnamese ethnic groups, has published works recognized as having literary value, and agrees with the Association's Charter may apply to join the Vietnam Writers' Association.

Article 10. Membership Application Documents

Those wishing to join the Vietnam Writers' Association must submit to the Association: - Application for membership; - Curriculum vitae; - Literary biography; - Two letters of recommendation from two members of the Vietnam Writers' Association; - Two literary works published in book form under their own name.

Article 11. Admission of Members

The Executive Committee decides on the admission of new members based on the recommendations of the Subject Council, literary topic committees, functional committees, branch associations, and local organizational bodies of the Association where the author works or resides.

Article 12. Duties and Rights of Members

1. Duties:

a) Actively building and developing Vietnamese literature through creative activities.

b) Implementing the Charter and resolutions of the Association and participating in its activities.

c) Discovering, nurturing young creative forces, and recommending new members.

d) Paying membership fees.

2. Authorities:

a) Nomination and election to leadership positions within the Association.

b) Participating in democratic discussions on all matters related to the Association's work.

c) Attending all professional activities of the Association (scientific conferences, writing retreats, field trips, club activities...).

d) Enjoying material and spiritual benefits provided by the Association.

e) Requesting withdrawal from the Association.

Article 13. Members of the Vietnam Writers' Association will be expelled in the following cases:

1. Activities contrary to the fundamental principles set forth in the Charter of the Association.

2. Convicted of a criminal offense (from the date when the judgment becomes legally effective).

 

Chapter IV

Article 8. Principles of Organization

Article 14. The organizational structure of the Association

The Vietnam Writers' Association comprises the following bodies:

1. Leadership bodies of the Association

- The Executive Board of the Association.

- The Standing Committee.

2. Organizations of the Association

- The Inspection Board of the Association.

- Specialized councils and literary topic boards.

- Branches and other grassroots organizations of the Association established according to administrative regions, provinces, centrally governed cities, or according to agencies and sectors...

3. Administrative and operational units directly under the Association:

- The Association's office, representative office of the Association in Ho Chi Minh City.

- Specialized boards directly under: The Creative Board, The Membership Organization Board, The Planning-Finance Board, The External Relations Board, The Young Writers Board, The Senior Writers Board, The Female Writers Board...

- Newspapers and magazines

- Publishing house

- Film studio

- Literature museum

- The Vietnam Literary Copyright Center, National Studies Research Center.

In case of necessity, the Association may establish other affiliated organizations. Affiliated organizations with legal personality shall be established in accordance with the provisions of the law.

Article 15. The National Congress of the Association

The highest body of the Association is the National Congress of the Vietnam Writers' Association. The National Congress convenes regularly every five years, convened by the Executive Board. An extraordinary congress may be convened if more than 50% of members request it or upon the request of the competent state authority.

The National Congress consists of two levels: The grassroots congress and the National Delegates Congress.

Article 16. Procedure for electing and removing delegates attending the National Congress

1. Delegates attending the National Congress are officially elected from the grassroots congress. Each member can only participate in one grassroots congress where they are active and have the right to be listed on the election ballot.

2. Automatic delegates include current members of the Executive Board, Chairpersons, and Vice-Chairpersons of the Association.

3. The number of official and alternate delegates allocated to each grassroots unit is determined by the ratio decided by the Executive Board.

4. The Executive Board and the Congress Organizing Board have the right to invite some members of the Association to attend the Congress. Invited delegates shall not exceed 5% of the total number of official delegates at the Congress.

Article 17. Executive Board of the Association

The Executive Board of the Association is responsible for all aspects of the Association's work between congress sessions and has the duty to organize and implement the resolutions of the congress.

The Executive Board of the Association is elected by secret ballot at the congress. The number of Executive Board members is decided by the congress.

The removal or dismissal of an Executive Board member must be approved by more than half of the Executive Board members through a secret ballot.

The Executive Board of the Association meets twice a year.

The new term of the Executive Board begins from the time the newly elected members take office. The candidate with the highest number of votes is responsible for convening the first meeting of the new Executive Board members to elect leadership positions.

Article 18. Duties and powers of the Executive Board of the Association

1. Elect the Chairman and Vice-Chairmen of the Association.

2. Elect the Standing Committee. The number of members of the Standing Committee shall not exceed one-third of the number of members of the Executive Board.

3. Supplement Executive Board members in case of necessity, if requested by two-thirds of the Executive Board members. The number of members to be elected shall not exceed 10% of the total number of Executive Board members.

4. Elect the Inspection Board. The Head of the Inspection Board is an Executive Board member.

5. Decide the program of work of the Association.

6. Decide on the admission of new members and expulsion of members.

7. Decide issues related to organization and finance of the Association, decide functions, tasks, and operating regulations of the Association's organizations.

8. Convene the National Congress.

9. Establish specialized councils and literary topic boards to provide advisory services and assist the Executive Board in directing professional activities. The heads of these councils and boards are appointed by the Executive Board.

10. Establish literary award councils.

11. Propose the appointment and dismissal of Directors, Chief Editors of publishing houses, press agencies, and heads of direct subordinate agencies of the Association.

Article 19. The Standing Committee

The Standing Committee is the leadership body of the Association between meetings of the Executive Board, with the responsibility to

1. Manage the Association's affairs in accordance with the resolutions of the Executive Board.

2. Be accountable to the Executive Board for all Association affairs between plenary sessions of the Executive Board.

The election and dismissal of Standing Committee members must be agreed by more than half of the Executive Board members through a secret ballot.

The Standing Committee convenes regularly every three months. In emergencies, it is convened by the Chairman of the Association.

Article 20. The Chairman of the Association

The Chairman of the Association is responsible for managing and directing all matters and represents the Association legally.

During the term, the dismissal of the Chairman of the Association must be approved by more than half of the total number of Executive Board members through a secret ballot. The Executive Board elects a new Chairman by secret ballot among the Executive Board members. The successful candidate must obtain more than half of the valid votes.

Article 21. Vice-Chairman of the Association

- The Vice-Chairman is responsible for specific tasks assigned by the Executive Board and is accountable to the Executive Board and the Chairman for their decisions; resolves other tasks delegated by the Chairman.

- The Vice-Chairman is elected and dismissed by the Executive Board through a secret ballot with more than half of the Executive Board members' approval.

Article 22. Duties and powers of the Inspection Board of the Association

1. Inspect the implementation of the Charter of the Association, resolutions of the Congress, and resolutions of the Executive Board at all levels of the Association.

2. Inspect the economic and financial activities of the Association.

3. Inspect the membership qualifications and the implementation of the Association's systems for members.

The Inspection Board reports the results of inspections at the Executive Board meetings. When necessary, it may inform individual members.

Article 23. Specialized Councils and Literary Topic Boards

Specialized Councils consist of departments such as literature, poetry, theory-criticism. Literary topic boards include boards on Security-Defense, Children, Ethnic Groups and Mountainous Areas...

1. Specialized Councils and Literary Topic Boards comprise prominent writers with expertise, impartiality, and the ability to appraise and advise the Association's leadership on issues concerning the value of works and major professional matters.

2. The number of subject-specific councils, literary topic boards, and the number of members of each council and board shall be determined and elected by secret ballot by the Executive Board of the Association.

3. The Chairperson of the subject-specific council and the head of the literary topic board shall be appointed by the Executive Board of the Association from among the members of the council.

4. The regulations on the organization and operation of the subject-specific council and the literary topic board shall be stipulated by the Executive Board of the Association.

5. The removal or supplementation of members of the subject-specific council and the literary topic board must be agreed upon by more than half of the members of the Executive Board of the Association through a secret ballot.

Article 24. Branch Associations

Each region, province, city, or agency with five members or more may establish a branch association. A branch association is a grassroots organization of the Association under the direct guidance of the Party Committee, the Executive Board of the Writers' Association, and the local party committee.

The branch writers' association has the following tasks:

1. Implementing the policies and resolutions of the Executive Board of the Association.

2. Organizing creative activities and participating in literary activities organized by the local literature and art association.

3. Participating in introducing new members, recommending authors and works for literary awards of the Association and the State.

4. The Executive Board of the branch association, elected at the branch association congress, serves a term of five years. The number of members of the Executive Board of the branch association shall be decided by the congress based on the number of members. In case of organizing an interim branch association congress, it must be agreed upon by the Executive Board of the Association.

Besides branches, depending on requirements, the Executive Board of the Association may establish regional writers' organizations. The establishment of regional writers' organizations shall comply with the provisions of the law. The organizational regulations of regional writers' organizations shall be stipulated by the Executive Board.

 

Chapter V

ASSETS AND FINANCES OF THE ASSOCIATION

Article 25. Management of assets and finances of the Association

The Vietnam Writers' Association is the managing body of the Association's assets and finances. Sources of the Association's finances include:

- Financial support from the State budget.

- Membership fees.

- Contributions from affiliated agencies.

- Donations from organizations and individuals both domestically and internationally.

- Income from other activities of the Association.

The management and use of the Association's assets and finances shall be carried out in accordance with the State Budget Law and relevant State regulations.

 

Chapter VI

REWARDS AND DISCIPLINARY MEASURES

Article 26. Awards

Annually or every few years, the Association organizes the examination and awarding of prizes to outstanding literary works; recommends competent authorities to present awards, titles, medals, and other forms of recognition to authors who have made significant contributions to the development of advanced Vietnamese literature imbued with national characteristics and valuable works.

Article 27. Disciplinary Measures

Members who violate State laws and the Charter of the Association shall be disciplined by the Executive Board of the Association through a secret ballot with more than half of the votes. Disciplinary measures decided by the Executive Board of the Association include: reprimand, warning, suspension of activities, expulsion.

 

Chapter VII

IMPLEMENTING PROVISIONS

Article 28. Supplementary and Amending Procedures for the Charter

Only the National Congress of the Vietnam Writers' Association has the right to amend and supplement the Charter.

Article 29. Effectiveness

This Charter consists of seven Chapters and twenty-nine Articles, adopted at the Seventh National Congress of the Vietnam Writers' Association on April 25, 2005.

The Charter of the Vietnam Writers' Association takes effect according to the Decision approving it by the Ministry of Home Affairs./.