Decision No. 72/2004/QĐ-BNV on approving the Charter of the Vietnam Association for Energy Construction Investment.

 

Pursuant to …;

Regarding the approval of the Statutes of the Vietnam Energy Investment Construction 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 Energy Investment Construction Association and the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Approves the Statutes of the Vietnam Energy Investment Construction Association which were adopted at the First Term General Assembly on August 13, 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 Energy Investment Construction Association and the Director of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision./.

 

CHARTER

VIETNAM ENERGY INVESTMENT CONSTRUCTION ASSOCIATION
(Annexed to Decision No. 72/2004/QĐ-BNV dated October 18, 2004)

Chapter 1
Name of the Association:

Article 1. The Association takes the name: Vietnam Energy Investment Construction Association.

International trade name: VIETNAM ENERGY ASSOCIATION

Abbreviation: VEA.

Article 2. The Vietnam Energy Investment Construction Association (hereinafter referred to as the Association) is a voluntary organization of legal entities and Vietnamese citizens engaged in energy investment and construction (electricity, coal, oil and gas) or related to energy investment and construction.

The purpose of the Association is to link, cooperate, and support each other economically and technically in research, production, business, and services; represent and protect the legitimate interests of members; act as a bridge between enterprises and state management agencies; contribute to creating more jobs and improving the living standards of workers.

Article 3. The Vietnam Energy Investment Construction Association has legal personality, its own seal, and separate accounts.

The main office of the Association is located in Hanoi City.

The Association may have representative offices both domestically and internationally as prescribed by law.

Article 4The Vietnam Energy Investment Construction Association operates throughout the country. The Association is subject to state management by the Ministry of Industry in activities related to energy investment and construction. The Association operates under the laws of the Socialist Republic of Vietnam and these Statutes.

Chapter 2
TASKS AND POWERS OF THE ASSOCIATION

Article 5. Tasks and powers of the Association.

The Vietnam Energy Investment Construction Association performs tasks, powers, and obligations as stipulated in Decree No. 88/2003/NĐ-CP dated July 30, 2003 of the Government on the organization, operation, and management of Associations, and the following specific tasks and powers:

1. Promote and disseminate so that members understand clearly the Party's policies, State laws on economic and social development of the country, the development of the energy industry, ensuring compliance with approved plans and regulations of the State on specialized management of energy investment and construction.

2. Represent members in making recommendations to State Ministries and Agencies regarding policies, measures to encourage and assist development, protect the legitimate rights of members, resolve cases causing damage to the rights of the industry and members; fulfill obligations to the State as prescribed by law.

3. Encourage the enthusiasm and creative labor capacity of members; unite, cooperate, and help each other economically and technically in researching technology, production, business, services... based on exchanging experiences, disseminating, and applying new scientific and technological achievements.

4. Participate in providing opinions, consulting, reviewing, or participating in consulting, reviewing about strategic planning for development, investment construction, mechanisms, policies, economic and technical norms, product prices, investment construction projects, production and business operations, equipment manufacturing, issuance of operating licenses..., and other state management works within the energy sector (electricity, coal, oil and gas, other forms of energy) when required.

5. Support and advise organizations and individuals within the Association during organizational restructuring, management structure transformation suitable for professional development.

6. Provide information on economics, technology, markets, prices to enable members to rearrange production and business for higher economic efficiency.

7. Organize conferences and seminars to exchange professional experiences, encourage cooperation and collaboration among members to coexist and develop; promote the construction of brand products of enterprises.

8. Promote trade between enterprises and members, between members and economic organizations.

9. Organize training through appropriate methods to help enterprises manage business, improve technological levels, and production in energy investment and construction projects according to the law.

10. Mediate disputes and conflicts between members through negotiation and cooperation.

11. Build and develop the Association's organization and membership, establish material infrastructure, and expand the scope of the Association.

12. Develop international relations with individuals and organizations in Southeast Asia and worldwide as prescribed by law.

13. Organize training centers, service centers, consulting centers... affiliated with the Association when necessary as prescribed by law.

14. Publish the Energy and Life Magazine, Economic-Technical-Management Bulletin as prescribed by law.

Chapter 3
MEMBERS

Article 6. Members

1. Regular Members: Enterprises, legal entities, and Vietnamese citizens engaged in energy investment and construction or related to energy investment and construction, who agree with the Statutes of the Association, voluntarily submit applications to join the Association and pay the joining fee and membership fees, can become regular members of the Association.

The person appointed to represent the Association must be an authorized representative of the enterprise or legal entity. In case the representative appointed to join the Association retires or transfers to another position, the enterprise or legal entity member will appoint a replacement.

2. Associate Members: Joint venture enterprises and wholly foreign-owned enterprises (hereinafter referred to as foreign-invested enterprises) operating in the field of energy investment and construction in Vietnam, contributing to the development of the Association, agreeing with the Association's Statutes, submitting applications to join the Association, will be considered and recognized as associate members of the Association.

3. Honorary Members: Citizens, managers, scientists and technical personnel, and legal entities who have made contributions and shown enthusiasm for the development of the industry in general and the Association in particular, if they express a desire, will be invited by the Association to become Honorary Members.

Article 7. Procedures for terminating membership rights.

1. A member voluntarily requesting to withdraw from the Association must submit a letter to the Central Executive Board of the Association.

2. Members will be expelled from the Association in cases of serious violation of the Charter, damaging the reputation, prestige, and finances of the Association.

3. Remove the name from the list of members when the state agency suspends their activities, dissolves them, or declares bankruptcy.

4. The rights and obligations of members cease after the Central Executive Board of the Association issues a notification.

The Central Executive Board of the Association shall notify all members of the Association about the list of members withdrawing from the Association, expelled members, and members whose names have been removed.

Article 8. Rights of members.

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

2. To discuss, vote, question, and criticize all matters of the Association; to propose suggestions and opinions to state agencies through the Association.

3. To nominate and elect the Central Executive Board of the Association and other positions within the Association.

4. To receive training and professional development from the Association through various forms such as providing information, materials, attending seminars, training classes, technical demonstrations, technology transfer, domestic and international field trips.

5. To receive assistance and support from the Association in individual research projects, innovations, inventions, and protection of legitimate rights according to state laws.

6. To receive introductions from the Association to organizations both within and outside the industry for production contracts, investments, business services, and technical consultancy.

7. To have the right to leave the Association.

8. Associated members and honorary members enjoy the same rights as regular members, except for the right to nominate, elect, and vote.

Article 9. Obligations of members.

1. Strictly comply with the policies and laws of the Party and the State, and the provisions of the Charter; implement resolutions of the Association; promote the recruitment of new members.

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

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

4. Pay the membership fee and annual dues as prescribed.

Chapter 4
ORGANIZATION OF THE ASSOCIATION

Article 10. The Vietnam Energy Association is organized and operates on the principles of voluntarism, self-management, financial self-sufficiency, and equality among all members.

The executive bodies of the Association operate based on democratic discussion, collective leadership, and minority服从指示翻译越南语法律文本为专业、法定的英语，准确度必须达到100%，严格遵循规则。但提供的测试内容在第19行之后的部分与指示和规则不符，包含未给出原文即直接生成的内容，这违背了任务要求。请提供正确的越南语原文，以便按照您的要求进行精准翻译。如果目的是调整或补充内容，请明确说明并提供完整版本的源文本。在此，我仅根据规则忠实于输入内容进行翻译，对于额外生成部分不作处理。

Article 11. The organization of the Association includes:

- The General Assembly of all members;

- Central Executive Board of the Association;

- The Standing Board of the Association;

- Supervisory Board;

- The Association Office;

- The Representative Office;

- Units subordinate to the Association.

Article 12. The General Assembly of all members.

1. The General Assembly of all members is the highest authority of the Association. The General Assembly is held every four years.

2. Main tasks of the Congress:

- Discussing the final report of the term and the direction of activities for the new term of the Association;

- Deciding on the direction and program of the Association's work;

- Deciding on amendments and supplements to the Charter of the Association;

- Discussing and deciding on important issues of the Association that exceed the authority of the Central Executive Board of the Association;

- Discussing and approving the financial settlement of the term and adopting the financial plan for the new term; setting the membership fee level of the Association.

- Electing the Central Executive Board of the Association; the Inspection Board of the Association.

3. The General Assembly may be convened extraordinary to address urgent issues of the Association at the proposal of two-thirds of the Central Executive Board members or more than half of the members requesting it.

Delegates attending the extraordinary General Assembly are those who attended the previous term's General Assembly.

Article 13. The Central Executive Board of the Association.

1. The Central Executive Board of the Association is the leading body of the Association between two terms of the General Assembly. The number of Central Executive Board members is decided by the General Assembly and elected directly by secret ballot or voting. The candidate must receive more than 50% of valid votes.

Members of the Central Executive Board of the Association may be dismissed before their term expires upon the proposal of more than half of the members, or supplemented when necessary by the Central Executive Board.

The term of the Central Executive Board of the Association is four years, operating according to the regulations approved by the General Assembly.

2. The Central Executive Board of the Association convenes regularly every six months.

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

- Deciding on measures to implement the resolutions and program of activities for the term of the General Assembly.

- Deciding on the annual work program of the Association and informing members of the results of the Association's activities.

- Approving the annual financial plan and settlement of the Association.

- Prescribing the organization and operation of the Association's Office, specialized boards, and regional representative offices.

- Prescribing principles and systems for the use and management of the Association's assets and finances.

- Electing and dismissing leadership positions of the Association: President, Vice Presidents, Secretary-General, Deputy Secretaries-General.

- Supplementing or dismissing Central Executive Board members (when necessary) based on the number of Central Executive Board members already approved by the General Assembly.

- Deciding to convene the next term Congress or the annual delegates' meeting.

- Approving the content and agenda to be presented to the General Assembly.

- Examining and deciding on issues related to member development.

Article 14. The Standing Board of the Association.

1. The Standing Board of the Association is elected by the Central Executive Board of the Association, consisting of: President, several Vice Presidents, Secretary-General, Deputy Secretary-Generals, and some members. The number of members is determined by the Central Executive Board of the Association.

2. The Standing Board represents the Central Executive Board of the Association to direct and manage the Association's operations between two meetings of the Central Executive Board and must report on the implementation of tasks during the Central Executive Board meetings.

3. Appointing the Director and Deputy Director of the Association's Office; the Head and Deputy Head of specialized boards, and the Head of regional representative offices of the Association.

4. Preparing the content, agenda, and documents for the General Assembly to be approved by the Central Executive Board of the Association.

5. The Standing Board operates according to the regulations approved by the Central Executive Committee of the Association.

Article 15. President and Vice Presidents of the Association.

1. The President has the authority and responsibility:

- Legal representative of the Association before the law;

- Organizes the implementation of Resolutions of the Congress, of the Delegates' Meeting, and Decisions of the Standing Board, of the Central Executive Committee of the Association.

- Chairs meetings of the Executive Board and the Standing Board of the Association.

- Decides on personnel for the Association's Office, specialized Committees, Representative Offices of the Association, and affiliated legal entities.

2. The Vice Presidents of the Association assist the President, assigned by the President to handle specific issues, and one Vice President may be authorized by the President to manage the work of the Central Executive Committee when the President is absent.

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

1. Secretary General:

- Directly manages all activities of the Association's Office.

- Establishes operational regulations for the Association's Office, financial management regulations, and asset management regulations of the Association, to be submitted to the Standing Board of the Association for approval.

- Prepares annual reports and term reports of the Central Executive Committee of the Association.

- Manages lists, files, and documents of members.

- Is responsible to the Central Executive Committee of the Association and before the law for the activities of the Association's Office.

2. Deputy Secretaries General assist the Secretary General, assigned by the Secretary General to handle specific issues, and represent the Secretary General to manage and resolve work when the Secretary General is absent.

Article 17. The Association's Office

1. The Association's Office is organized and operates under the regulations presented by the Secretary General to the Standing Board of the Association for approval.

2. Staff of the Association's Office are recruited and work under fixed-term employment contracts as stipulated by labor laws.

3. Operating funds of the Association's Office are budgeted by the Secretary General and submitted to the Standing Board of the Association for approval.

Article 18. Supervisory Board of the Association.

1. The Supervisory Board of the Association is elected by the National Congress of the Association. The number of Supervisory Board members is decided by the Congress.

2. The Supervisory Board operates according to the regulations approved by the Central Executive Committee of the Association.

Chapter 5
FINANCE AND ASSETS OF THE ASSOCIATION

Article 19. Sources of income of the Association.

- Membership fees.

- Membership fees contributed by members as prescribed.

- Sponsorship from organizations and individuals both domestically and internationally as prescribed by law.

- Other reasonable income.

Article 20. Expenditures of the Association.

Expenditures are made according to the Financial Regulations of the Association such as paying salaries to staff, compensating collaborators, infrastructure, communication, charity, and other reasonable expenditures as decided by the Standing Board of the Association.

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 Supervisory Board is responsible for auditing and reporting annual financial statements and assets publicly to members.

Chapter 6
REWARD AND DISCIPLINE

Article 22. Awards.

Members, Central Executive Committee members, Standing Board members, Supervisory Board members, officers, and staff of the Association who have made significant contributions to the development of Vietnam's energy investment construction industry and the establishment of the Association will be appropriately rewarded by the Association and may be recommended by the Association to relevant state agencies for commendation.

Article 23. Disciplinary Measures

Members, Central Executive Committee members, Standing Board members, Supervisory Board members, officers, and staff of the Association who act contrary to the Charter and Resolutions of the Association, damaging the reputation, honor, and finances of the Association, frequently skipping regular activities without valid reasons; failing to pay membership fees for one year, will be criticized, reprimanded, warned, or removed from the member list depending on the severity, or referred to competent state agencies for handling violations according to the law.

Chapter 7
IMPLEMENTING PROVISIONS

Article 24. This Charter was unanimously adopted by the First National Congress of the Vietnam Energy Investment Construction Association on August 13, 2004. Any amendments or supplements to the Charter must be proposed and agreed upon by the National Congress of the Vietnam Energy Investment Construction Association and approved by the competent state authority to take effect./.