Decision No. 75/2004/QĐ-BNV Approving the Amended Charter of the Vietnam Electronics Business Association

DECISION

Regarding the approval of the amended charter of the Vietnam Electronics Business 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 Electronics Business Association and the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Approves the amended Charter of the Vietnam Electronics Business Association which was adopted at the Second Term General Assembly on July 31, 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 Electronics Business Association and the Director of the Department of Non-Governmental Organizations are responsible for implementing this Decision./.

 

CHARTER

VIETNAM ELECTRONICS BUSINESS ASSOCIATION
(Annexed to Decision No. 75/2004/QD-BNV dated November 3, 2004)

Chapter 1
Name of the Association:

Article 1. Name of the Association

- The name of the Association is the Vietnam Electronics Business Association.

- The international trade name in English is Vietnam Electronic Industries Association, abbreviated as VEIA.

The Vietnamese name of the Association and its international trade name have equal legal status.

Article 2. The Vietnam Electronics Business Association is a voluntary, non-governmental, non-profit organization of organizations and enterprises with legal personality operating in the electronics, information technology, and telecommunications sectors in Vietnam, aiming to cooperate and support each other to promote the development of the electronics, information technology, and telecommunications industries in Vietnam according to the strategic orientation of the State.

Article 3. The Vietnam Electronics Business Association operates under Vietnamese law, has legal personality, has a seal, has a bank account, and has separate assets and finances. The main office of the Vietnam Electronics Business Association is located in Hanoi. When necessary, representative offices, branches, and sub-associations may be established in certain provinces and cities in accordance with the law.

Chapter 2
TASKS AND POWERS

Article 4. The Vietnam Electronics Business Association has the following tasks and powers:

1. To represent and protect the legitimate rights and interests of members within the framework of Vietnamese law.

2. To advise and make recommendations to state management agencies regarding strategies for development, long-term plans and programs, policies, product standards, and other issues related to the industry. Timely disseminate the policies, laws, and regulations of the State relevant to members.

3. To promptly grasp the operational situation of the electronics, information technology, and telecommunications industries in Vietnam, in the region, and globally to provide advice on investment, technology transfer, joint ventures, cooperation with foreign countries, and business production directions for members to leverage their strengths and ensure the overall benefit of the industry.

4. To organize exchanges, cooperation, and economic-scientific and technological collaboration activities among members, promoting specialization and cooperation, effectively utilizing the potential of all members in business operations, serving as a mediator to resolve difficulties, disputes, and conflicts among members.

5. To maintain relations and participate in international organizations and associations in the same field worldwide and in the region in accordance with the law. Encourage and create conditions for members to meet, exchange, and collaborate with foreign organizations in the same field, supporting members' trade promotion activities in line with the Association's general direction.

6. To organize the collection and analysis of information related to the industry to provide it to members through various forms such as information exchanges, seminars, roundtables, publications, reference materials, etc. Organize and assist members to participate in conferences, seminars, exhibitions, fairs, market surveys both domestically and internationally in accordance with the law.

7. To participate in human resource training and development programs for the industry when requested by competent state authorities. Organize and establish training, consulting, and service centers. Implement scientific and technological consulting, training, and service activities in the fields of electronics, information technology, telecommunications, and automation in accordance with the law.

Chapter 2
MEMBERS

Article 5.

- Regular Members: All enterprises engaged in production, business, and services in the electronics, information technology, and telecommunications sectors in Vietnam, who agree with the Charter of the Association and voluntarily join can become members of the Vietnam Electronics Business Association.

- Associated Members: Foreign-invested enterprises including joint ventures and wholly foreign-owned enterprises can join the Vietnam Electronics Business Association as associated members.

Article 6. Organizations and enterprises wishing to become members of the Vietnam Electronics Business Association must complete the membership application procedures and pay the membership fee. The membership application dossier includes: a membership application letter signed by the director or owner of the enterprise (according to the model provided by the Association), a brief introduction about the enterprise (according to the model), and a copy of the decision establishing the enterprise. The membership application dossier should be submitted to the Executive Board of the Vietnam Electronics Business Association. After being reviewed and approved by the Executive Board, the Chairman of the Association will issue a decision recognizing and notifying the organization or enterprise in writing.

Article 7. Each member of the Association may appoint a representative to exercise the rights and obligations of membership. The representative must be the highest authority decision-maker in the organization or enterprise. In cases of delegation, the delegate must have sufficient authority to decide all matters related to the organization and enterprise they represent. A member may suspend the representative's status and appoint another person instead. The appointment or suspension of a representative by an organization or enterprise must be notified in writing to the Executive Board of the Association.

Article 8Withdrawal and termination of membership status:

1. An enterprise may withdraw from the Association at any time if it wishes but must notify the Executive Board of the Association in writing three months in advance.

2. If a member enterprise is dissolved or declared bankrupt, its membership status will terminate immediately upon receipt by the Executive Board of the Association of the court's bankruptcy decision or the competent authority's dissolution decision.

3. The membership status of a business may be terminated pursuant to a decision of the Executive Board of the Association when the member seriously violates the Charter of the Association, fails to comply with decisions of the Executive Board, or fails to pay membership fees for two consecutive years without valid reasons.

Article 9. Members of the Association enjoy the following rights:

1. All members are equal and entitled to all benefits and privileges provided by the Association and are protected and assisted by the Association when necessary.

2. Official members have the right to vote on important issues of the Association, to run for and be elected to leadership positions within the Vietnam Electronics Business Association (associated members do not have these rights).

3. To make recommendations to state management agencies through the Association to resolve issues related to mechanisms and policies to ensure the interests of businesses and the entire industry.

4. To be nominated to attend the General Assembly, annual meetings, and other formal activities of the Association.

5. To receive economic and scientific and technological information from the Association, participate in conferences, seminars, exhibitions, and foreign working delegations organized by the Association.

Article 10. Obligations of members:

1. To abide by the Charter of organization and operation of the Association, resolutions of the General Assembly, and implement decisions of the General Assembly and the Executive Board of the Association.

2. To actively participate in the activities of the Association, propose recommendations regarding common activities of the Association, and undertake tasks assigned by the Association.

3. To maintain regular contact with the Association through the Executive Board of the Association. To report fully, accurately, and promptly any relevant information as required by the Executive Board.

4. To pay annual membership fees in full and on time as stipulated by the Association.

Chapter 4
ORGANIZATIONAL STRUCTURE

Article 11. The organizational structure of the Vietnam Electronics Business Association includes:

- The General Assembly.

- The Executive Board of the Association and its Standing Committee.

- The Office of the Association.

- The Audit Board.

- Specialized Committees of the Association.

- Member Branch Associations.

- Centers: research, information, production, application, training, international cooperation, trade promotion, and legal advisory services under the Executive Board.

Subordinate organizations of the Association operate and are managed according to the Charter of the Association and state laws.

Article 12. The highest governing body of the Association is the General Assembly, which convenes every four years. The General Assembly has the following responsibilities:

1. To approve reports on the activities of the Association and the Executive Board during their term.

2. To decide on the direction and program of activities of the Association for the next term.

3. To review and approve the financial report of the Association.

4. To decide on amendments and supplements to the Charter of the Association.

5. To determine the number of Executive Board members and Supervisory Board members, and elect the Executive Board and Supervisory Board.

6. To address urgent matters of the Association.

Article 13. In case of necessity, the General Assembly may convene extraordinary sessions if at least 2/3 of the total number of Executive Board members or at least 1/2 of the total number of official members request it.

Article 14. Resolutions of the General Assembly are made by majority principle, requiring at least 1/2 of the representatives' agreement. For important issues such as amending and supplementing the Charter, dissolving the Association, electing the Executive Board and Supervisory Board, resolutions must be approved by at least 2/3 of the representatives.

Article 15. Between two General Assemblies, the highest authority of the Association is the Executive Board of the Association, elected by the General Assembly from authorized representatives of member organizations and enterprises. During the term, if deemed necessary, member organizations and enterprises can appoint others to replace them, and such replacements must be approved by at least 2/3 of the Executive Board members. Between two General Assemblies, if it is necessary to supplement or replace Executive Board members, this must also be approved by at least 2/3 of the Executive Board members.

Article 16. The Executive Board of the Association meets every six months. The Executive Board may convene extraordinary meetings upon the call of the Chairman of the Association or if at least 1/2 of the members request it. The responsibilities of the Executive Board of the Association include:

1. Electing the leadership positions of the Association: President, Vice Presidents, Secretary-General, Head of the Supervisory Board.

2. Managing all activities of the Association in accordance with the resolutions of the General Assembly.

3. Establishing and promulgating regulations and internal rules of the Executive Board and subordinate organizations of the Association.

4. Considering the admission and revocation of membership status.

5. Developing and directing the implementation of the Association's activity and financial programs, setting the level of participation fees and annual membership fees.

6. Deciding to convene the General Assembly, annual meetings, and preparing related issues for these meetings.

Article 17. The Standing Committee of the Executive Board consists of: the President, Vice Presidents, Secretary-General, and some Executive Board members appointed by the Executive Board. Between two meetings of the Executive Board, the Standing Committee is responsible for representing the Association and the Executive Board to manage the Association's affairs, internal and external relations, organizing the implementation of General Assembly and Executive Board resolutions, directing and supervising the activities of subordinate organizations of the Association. The Standing Committee meets regularly every quarter, and may convene extraordinary meetings if necessary.

Article 18. The President of the Association is elected by the Executive Board of the Association for a term of four years and has the following powers and responsibilities:

1. To officially represent the Association before the law, state agencies, domestic and foreign organizations in internal and external activities.

2. To organize the implementation of General Assembly resolutions.

3. To direct, prepare the agenda, and chair meetings of the Executive Board and the Standing Committee.

4. To lead subordinate organizations of the Association and perform functions delegated by the Association.

5. To sign decisions on establishing or dissolving organizations of the Association on behalf of the Executive Board. To appoint and dismiss leadership positions of subordinate organizations.

Article 19. The Executive Board elects Vice Presidents to assist the President in leading various aspects of the Association's work, with responsibilities and powers within the scope assigned by the Executive Board. In the absence of the President, the President delegates one Vice President to act in his place.

Article 20. The Executive Board elects the General Secretary of the Association. The General Secretary represents the Standing Board under the authorization of the Chairman between sessions, is responsible for organizing and managing the daily tasks of the Association's Office, specialized Committees, and subordinate organizations, preparing the content for meetings, managing the Association's assets and finances.

Article 21. Depending on the development requirements in the Association's activities, the Executive Board decides to establish specialized Committees of the Association. The Heads of specialized Committees are appointed by the Association Chairman upon the recommendation of the Standing Board. The functions, duties, programs, plans, conditions, means, and operational systems of the specialized Committees are regulated by the Association's Executive Board based on the proposals of the Committee Heads and the General Secretary of the Association.

Article 22. The Chairman, Vice Chairmen of the Association, and members of the Standing Board work on a concurrent basis. Specialists working and assisting are entitled to receive salaries according to the dedicated position system. The salary level for dedicated staff is proposed by the Standing Board and decided by the Association Chairman.

Article 23. Supervisory Board. The General Assembly will elect a Supervisory Board consisting of one Executive Board member as the Head and other members not belonging to the Executive Board. The Supervisory Board has the following responsibilities:

1. Monitoring the financial income and expenditures of the Association.

2. Monitoring the activities of the Association to ensure that it operates in accordance with the policies of the Party and State and the Charter of the Association.

3. Advising the Association on issues requiring rectification during regular or extraordinary meetings of the Association or the Executive Board.

Chapter 5
FINANCE AND ASSETS OF THE ASSOCIATION

Article 24. The General Assembly stipulates the basic principles of financial income and expenditure of the Association. Based on this, the Association's Executive Board sets specific annual income and expenditure levels to ensure all aspects of the Association's operations. The Association's assets are tools and equipment purchased from its financial resources or donated and supported by organizations and individuals. All assets and finances of the Association are managed strictly, self-sufficiently, and in compliance with current state regulations.

Article 25. The fiscal year of the Association begins on January 1st and ends on December 31st each year.

Article 26. Sources of income of the Association:

1. Membership fees: including joining fees and regular membership fees;

2. Donations and sponsorships from organizations and individuals both domestically and internationally as prescribed by law;

3. Other lawful income from the Association's activities.

Article 27. Expenditures:

1. Expenditure for the Association's regular activities (allowances, employee salaries, and operating costs of the Association's Office, conferences, seminars, external relations...).

2. Purchase of assets, equipment, and necessary materials;

3. Other expenditures.

Chapter 6
REWARD AND DISCIPLINE

Article 28. Individuals, organizations, and members who have outstanding achievements in promoting cooperation, assistance, and enhancing the effectiveness of the Association's activities will be rewarded by the Association or recommended for higher-level rewards.

Article 29. Any individual or organization violating the Association's Charter or damaging the reputation, credibility, and interests of the Association shall bear disciplinary measures ranging from criticism, reprimand to expulsion from the Association or prosecution under the law.

Chapter 7
IMPLEMENTING PROVISIONS

Article 30. This Charter of the Vietnam Electronics Business Association consists of seven chapters and thirty articles, was adopted at the second General Assembly held in Hanoi on July 31, 2004.

Any amendment or supplementation to the Charter must be unanimously proposed by the National Congress of the Vietnam Electronics Business Association and approved by the competent state authority to take effect./.