Decision No. 75/2005/QD-TTg On Recognizing the Charter of the Vietnam Union of Cooperatives

DECISION OF THE PRIME MINISTER

Regarding the Recognition of the Charter of the Vietnam Union of Cooperatives

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Article 45 of the Law on Cooperatives dated November 26, 2003;

Considering the proposal of the Vietnam Union of Cooperatives at the report No. 171/2005/TT-VP dated February 21, 2005 regarding the recognition of the Charter of the Vietnam Union of Cooperatives (amended),

DECISION:

Article 1. Recognize the Charter of the Vietnam Union of Cooperatives (amended) adopted by the Third National Congress of the Vietnam Union of Cooperatives on January 27, 2005 (the full text of the Charter of the Vietnam Union of Cooperatives attached hereto).

Article 2. This Charter replaces the Charter of the Vietnam Union of Cooperatives adopted by the Second National Congress of the Vietnam Union of Cooperatives on January 20, 2000.

Article 3. This Decision takes effect fifteen days from the date of publication in the Official Gazette. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and the Chairman of the Vietnam Union of Cooperatives shall be responsible for implementing this Decision./.

 

CHARTER

 

VIETNAM UNION OF COOPERATIVES

(Recognized by the Prime Minister pursuant to Decision No. 75/2005/QĐ-TTg

dated April 11, 2005 of the Prime Minister)

Under the leadership of the Communist Party of Vietnam, over more than half a century of existence and development, the cooperative movement (hereinafter referred to as cooperative) in Vietnam has made significant contributions to the national liberation cause, construction, and defense of the socialist Fatherland.

The Vietnam Union of Cooperatives is an economic and social organization that assists the Party and State in developing the collective economy increasingly stronger, contributing to the state-owned economy becoming the foundation of the national economy.

The Vietnam Union of Cooperatives operates according to the Law on Cooperatives 2003, with the function of representing and protecting the legitimate rights and interests of cooperatives, cooperative unions, and members; promoting and mobilizing the development of cooperatives; providing advisory services and supplying necessary services to cooperatives, cooperative unions, and members; participating in policy and law building related to cooperatives; representing cooperatives, cooperative unions, and members in coordinating activities with domestic and foreign organizations in accordance with the law. Mobilizing and guiding individual households, individual businesses, small business owners, small and medium-sized production and business establishments, and other individuals and legal entities to develop the collective economy on the principles of voluntariness, equality, mutual benefit, and democratic management, contributing to the promotion of national socio-economic development, realizing the goal of a wealthy people, a strong country, a fair, democratic, and civilized society.

PART I

GENERAL PROVISIONS

Article 1. The Vietnam Union of Cooperatives is an economic and social organization with legal personality, established at the central level and provincial levels (hereinafter collectively referred to as provincial level), operating under the leadership of the Communist Party of Vietnam, in accordance with Vietnamese laws and this Charter.

Article 2. The Vietnam Union of Cooperatives is a formal member of the International Cooperative Alliance (ICA) and the World Association of Small and Medium Enterprises (WASME). The Vietnam Union of Cooperatives has its own emblem. The headquarters of the Vietnam Union of Cooperatives is located in Hanoi, the capital city of the Socialist Republic of Vietnam.

Chapter II

FUNCTIONS AND RESPONSIBILITIES

Article 3. Based on the Law on Cooperatives 2003 and the purpose of operation, the Vietnam Union of Cooperatives has the following functions, responsibilities, and authorities:

1. Functions:

a) Representing and protecting the legitimate rights and interests of members;

b) Promoting and mobilizing the development of cooperatives and cooperative unions;

c) Supporting and providing necessary services for the formation and development of cooperative bases, cooperative unions, and members;

d) Participating in policy and law building related to cooperatives;

đ) Representing members in coordinating activities with domestic and foreign organizations in accordance with the law.

2. Duties and authorities:

a) Participating in the formulation and implementation of strategies, planning, programs, and plans for the development of cooperatives and cooperative unions;

b) Collecting opinions and wishes of members to reflect, propose, and recommend to the Government and competent state agencies on policies and laws related to cooperatives; coordinating in the formulation of legal documents;

c) Protecting the legitimate rights and interests of members;

d) Promoting and mobilizing individual economic units, small business owners, household economies, small and medium-sized production establishments to develop cooperatives and cooperative unions. Summarizing and disseminating the experiences of exemplary cooperatives, organizing competitive movements within the system of the Union;

đ) Organizing support, advisory, and service activities for members in areas such as law, investment, science and technology, information, finance, credit, market, and other fields;

e) Organizing training and capacity building for cadres in the Union system; managers, cooperative members, and workers in cooperatives and other members;

g) Taking the lead or participating in the implementation of programs, projects, and public service activities aimed at developing cooperatives and cooperative unions;

h) Organizing economic activities for the development of the Union and supporting members.

i) Participate in international organizations, non-governmental organizations, develop cooperative relations with organizations in other countries; receive and organize the implementation of support programs, aid grants to develop cooperatives and cooperative unions;

k) Carry out other tasks assigned by the Government and the Prime Minister.

Chapter III

MEMBERS

Article 4. The Vietnam Cooperative Alliance has regular members and affiliated members:

1. Regular members are cooperatives and cooperative unions.

2. Affiliated members are cooperative groups, economic and social organizations, industry associations, scientific research institutions, training organizations, and other economic organizations both within and outside the country.

Members join the Vietnam Cooperative Alliance on a voluntary basis, agreeing to the Charter of the Vietnam Cooperative Alliance.

Article 5. Rights of members:

1. To be supported, advised, and provided services to facilitate business development; to be assisted when encountering difficulties.

2. To be provided with information on economics, laws, science and technology, and related fields.

3. To be assisted in training and developing cadres and workers both domestically and internationally.

4. To be protected under the law when their legitimate rights and interests are violated.

5. To discuss, propose, and make recommendations on policies and laws; to discuss and vote on matters of the Alliance.

6. Regular members can be nominated, run for election, and be elected to leadership bodies of the Alliance.

7. To be commended by the Alliance or recommended for commendation by the State for outstanding achievements.

Article 6. Obligations of members:

1. To comply with state laws, the Charter of the Vietnam Cooperative Alliance, and resolutions of Congresses and the Executive Board at all levels.

2. To participate in activities of the Alliance.

3. To unite and cooperate with other members to achieve common goals and benefit the community.

4. To implement reporting and information systems regularly as stipulated by the Alliance.

5. To pay membership fees as prescribed.

Article 7. Membership status terminates when:

1. Dissolved.

2. Bankrupt.

3. Voluntarily withdraw from the Alliance.

4. Expelled from the Alliance. Specific cases of expulsion are defined by the Executive Board of the Vietnam Cooperative Alliance.

Article 8. The amount and method of paying membership fees are specifically regulated by the Executive Board of the Vietnam Cooperative Alliance according to current laws.

Chapter IV

Principles and organizational system of the Vietnam Cooperative Alliance

Article 9. The Vietnam Cooperative Alliance organizes and operates based on the principles of voluntariness, democracy, unity of objectives and actions.

The highest decision-making power of each level of the Cooperative Alliance belongs to its Congress. Between Congress sessions, the Executive Board serves as the leadership body. The Executive Boards at all levels operate under the principle of collective leadership, with the minority submitting to the majority.

Resolutions and decisions of the Congress, the Executive Committee, and the Standing Committee of the Federation of Cooperatives at all levels shall be adopted by a majority of present delegates.

Article 10. The National Congress of Members is the highest leadership body of the Federation of Cooperatives of Vietnam, convened regularly every five years by the Executive Committee of the Federation of Cooperatives of Vietnam.

An extraordinary Congress may be convened if at least two-thirds of the members of the Executive Committee of the Federation of Cooperatives of Vietnam or more than half of the regular members request it.

Article 11. The National Congress of Members has the following duties and powers:

1. To approve the report of the Executive Committee of the Federation of Cooperatives of Vietnam on the results of activities during the previous term.

2. To decide on the orientation, tasks, and program of activities of the Federation of Cooperatives of Vietnam for the upcoming term.

3. To approve the report and orientation, tasks regarding inspection work.

4. To approve amendments or supplements to the Charter of the Federation of Cooperatives of Vietnam.

5. To elect the Executive Committee of the Federation of Cooperatives of Vietnam.

The number of members of the Executive Committee of the Federation of Cooperatives of Vietnam shall be determined by the Congress.

Article 12. The Charter of the Vietnam Federation of Rural Cooperatives shall be recognized by the Decision of the Prime Minister.

Article 13. The Executive Board of the Vietnam Federation of Rural Cooperatives is the leading body of the Vietnam Federation of Rural Cooperatives between two Congress sessions.

The Executive Board of the Vietnam Federation of Rural Cooperatives convenes regularly twice a year, convened and chaired by the Standing Committee of the Vietnam Federation of Rural Cooperatives; extraordinary meetings may be held when necessary.

Article 14. The Executive Board of the Vietnam Federation of Rural Cooperatives has the following tasks and powers:

1. Organizing and directing the implementation of the Charter and Resolutions of the National Congress.

2. Deciding on the long-term strategy and annual program of activities of the Vietnam Federation of Rural Cooperatives.

3. Supplementing members to the Executive Board of the Vietnam Federation of Rural Cooperatives.

4. Electing the Standing Committee, electing the Chairman and Vice Chairmen from among the Standing Committee members; electing the Inspection Committee and the Chairman of the Inspection Committee from among the Inspection Committee members; approving the working regulations of the Executive Board and the Inspection Committee.

5. Deciding on participation in domestic and international organizations in accordance with the provisions of the law.

6. Approving reports to be presented at the Congress.

7. Leading the preparation of Congress contents and convening the Congress in accordance with the provisions of the Charter.

Article 15. The Standing Committee of the Vietnam Federation of Rural Cooperatives is the leading body of the Vietnam Federation of Rural Cooperatives between two Executive Board meetings, consisting of the Chairman, Vice Chairmen, and some members. The number of Standing Committee members is decided by the Executive Board of the Vietnam Federation of Rural Cooperatives. The Standing Committee convenes regularly every three months, with the term of the Standing Committee coinciding with the term of the Executive Board of the Vietnam Federation of Rural Cooperatives.

Article 16. The Standing Committee of the Vietnam Federation of Rural Cooperatives has the following tasks and powers:

1. Organizing and directing the implementation of the Resolutions of the National Congress of the Vietnam Federation of Rural Cooperatives and the Resolutions of the Executive Board of the Vietnam Federation of Rural Cooperatives.

2. Guiding the activities of the Provincial Federation of Rural Cooperatives.

3. Recognizing and expelling national members.

4. Preparing the program and content for the Executive Board meetings and the National Congress of the Vietnam Federation of Rural Cooperatives.

5. Convening and chairing regular and extraordinary meetings of the Executive Board of the Vietnam Federation of Rural Cooperatives.

6. Examining rewards, punishments, and recommending state rewards and punishments.

Article 17. The Permanent Standing Committee of the Vietnam Federation of Rural Cooperatives consists of the Chairman and the Vice Chairmen responsible for their duties. The Permanent Standing Committee has the following tasks and powers:

1. Managing and resolving regular work of the Vietnam Federation of Rural Cooperatives.

2. Preparing the content, programs, and plans for activities of the Standing Committee.

3. Directing, guiding, and inspecting the activities of the Provincial Federation of Rural Cooperatives' Permanent Standing Committee.

4. Organizing, managing, and directing the activities of the specialized machinery.

Article 18. The Vietnam Federation of Rural Cooperatives has a specialized machinery including assisting agencies, public service units, and directly affiliated economic units. The specialized machinery assisting the Federation is decided by the Permanent Standing Committee of the Vietnam Federation of Rural Cooperatives.

Article 19. The Provincial Federation of Rural Cooperatives belongs to the organizational system of the Vietnam Federation of Rural Cooperatives, organized and operated according to the Charter approved by the Provincial Federation of Rural Cooperatives Congress. The Charter of the Provincial Federation of Rural Cooperatives must be consistent with the Charter of the Vietnam Federation of Rural Cooperatives.

Article 20. The full congress or member representative congress is the leading body of the Provincial Federation of Rural Cooperatives. The Congress is convened regularly every five years by the Executive Board of the Provincial Federation of Rural Cooperatives. An extraordinary Congress may be convened if at least two-thirds of the Executive Board members or more than half of the formal members request it.

Article 21. The Congress has the following tasks:

1. Approving the report of the previous term's Executive Board.

2. Deciding on the program of activities and development plan of the Provincial Federation of Rural Cooperatives based on the Resolution of the National Congress of the Vietnam Federation of Rural Cooperatives and the direction of economic and social development of the province or city.

3. Electing the Executive Board of the Provincial Federation of Rural Cooperatives. The number of Executive Board members is decided by the Congress.

4. Electing representatives to attend the National Congress of the Vietnam Federation of Rural Cooperatives.

5. Approving the Charter of the Provincial Federation of Rural Cooperatives.

Article 22. The Charter of the Provincial Cooperative Union shall be recognized by a Decision issued by the Chairman of the Provincial People's Committee and sent to the Vietnam Cooperative Union.

Article 23. The Executive Board of the Provincial Cooperative Union is the leading body of the Provincial Cooperative Union between two Congresses. The Executive Board convenes regularly twice a year, convened and chaired by the Standing Board of the Provincial Cooperative Union; extraordinary meetings may be held when necessary.

Article 24. The Executive Board of the Provincial Cooperative Union has the following duties and powers:

1. To organize and direct the implementation of the Charter of the Vietnam Cooperative Union, the Resolutions of the National Congress, the Resolutions of the Executive Board of the Vietnam Cooperative Union, the Resolutions of the same-level Congress, and the Charter of the Provincial Cooperative Union.

2. To decide on the strategic plans, programs of activities, long-term development goals, and annual goals of the Provincial Cooperative Union.

3. To elect additional members to the Executive Board of the Provincial Cooperative Union.

4. To elect the Standing Board, the Chairperson, and Deputy Chairpersons from among the Standing Members; to elect the Inspection Committee and the Chairperson of the Inspection Committee from among the members of the Inspection Committee.

To approve the Working Regulations of the Executive Board and the Inspection Committee.

5. To lead the preparation of the contents for the Congress and to approve the reports to be presented at the Congress.

6. To convene the Congress in accordance with the provisions of the Charter.

Article 25. The Standing Board of the Provincial Cooperative Union consists of the Chairperson, Deputy Chairpersons, and some members. The number of Standing Board members is decided by the Executive Board of the Provincial Cooperative Union.

The Standing Board convenes regularly every three months, and may convene extraordinary meetings when necessary; the term of the Standing Board coincides with the term of the Executive Board.

Article 26. The Standing Board of the Provincial Cooperative Union has the following duties and powers:

1. To organize and direct the implementation of the Resolutions of the superior leadership bodies and the Resolutions of the Congress and the Executive Board of the Provincial Cooperative Union.

2. To recognize and expel members.

3. To prepare the program and content for the Executive Board meetings and the Congress.

4. To convene and chair regular and extraordinary meetings of the Executive Board.

5. To examine and propose rewards and punishments.

Article 27. The Permanent Office of the Provincial Cooperative Union consists of the Chairperson and Deputy Chairpersons specializing in their roles. The Permanent Office has the following duties and powers:

1. To handle the regular business of the Provincial Cooperative Union.

2. Preparing the content, programs, and plans for activities of the Standing Committee.

3. To organize, manage, and direct the operations of the specialized machinery.

Article 28. The Provincial Cooperative Union has a specialized machinery including working agencies, public service units, and directly affiliated economic units. The specialized machinery of the Provincial Cooperative Union is decided by the Permanent Office of the Provincial Cooperative Union.

Article 29. When the representative of the Cooperative Union or member organization who is a member of the Executive Board of the Cooperative Union at various levels no longer holds their position in their own organization, they will automatically cease to hold their position as a member of the Executive Board; the successor will be elected and supplemented by the same-level Executive Board.

Article 30. The Standing Board of the Vietnam Cooperative Union establishes an Advisory Council to seek the opinions of experts, scientists, experienced and dedicated officials regarding cooperatives and cooperative unions. The organizational and operational regulations of the Advisory Council are stipulated by the Standing Board of the Vietnam Cooperative Union.

Depending on specific conditions, the Provincial Cooperative Union may establish an Advisory Council. The organizational and operational regulations of the Advisory Council are decided by the Standing Board of the Provincial Cooperative Union.

The functions and operations of the Advisory Board are decided by the Standing Committee of the Federation of Cooperatives of the province.

Chapter V

INSPECTION COMMITTEE

Article 31. The Inspection Committees at all levels of the Cooperative Unions are elected by the Executive Boards of the Cooperative Unions at the same level, consisting of the Chairperson and some members. The number of members is decided by the same-level Executive Board. The Chairperson of the Inspection Committee is a member of the Standing Board of the same-level Executive Board.

The Inspection Committees at all levels operate according to the Charter and Regulations issued by the Executive Board of the Vietnam Cooperative Union.

Article 32. The Inspection Committee has the following duties and powers:

1. To supervise and inspect the implementation of the Charter and the Resolutions of the Congress and the same-level Executive Board.

2. To supervise and inspect the financial activities of the same-level Cooperative Union.

3. To recommend disciplinary measures to the same-level Executive Board of the Cooperative Union against collectives and individuals who have committed violations.

4. To protect the rights and legitimate interests of members.

5. To report to the Congress and the same-level Executive Board about the results and directions of inspection work.

Chapter VI

FINANCE

Article 33. The finances of Cooperative Unions at all levels include the following sources:

1. State budget ensuring the salaries of staff within the establishment limit and the activities of the Cooperative Union.

2. Membership fees contributed by members.

3. Income from the economic and service activities of the Cooperative Union.

4. Other income.

Article 34. The Permanent Office of the Vietnam Cooperative Union and the Permanent Office of the Provincial Cooperative Union are responsible for managing the assets and finances of the Cooperative Union in accordance with the law and this Charter. The finances of the Cooperative Union are used for activities aimed at serving the development of cooperatives and cooperative unions and ensuring the activities of the Cooperative Union.

Chapter VII

REWARDS AND DISCIPLINE

Article 35. Organizations, members, and workers; units and individuals with outstanding achievements in the movement to develop cooperatives and cooperative unions are rewarded by the Vietnam Cooperative Union or recommended for state rewards.

Article 36. Organizations and individuals operating within the organizations of the Vietnam Cooperative Union who violate the Charter, the Resolutions of the Congress and the Executive Board at all levels, affecting the reputation and causing material losses to Cooperative Unions at all levels will be examined and dealt with appropriately.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 37.

1. This Charter was adopted by the Third National Congress of Cooperative Union Members on January 27, 2005, replacing the Charter of the Vietnam Cooperative Union adopted by the Second National Congress of Cooperative Union Members on January 20, 2000, and becomes effective from the date it is recognized by the Prime Minister.

2. Only the National Congress of Cooperative Union Members can amend and supplement this Charter.

3. The Executive Board of the Vietnam Cooperative Union is responsible for organizing and guiding the implementation of this Charter./.