Decision No. 76/2005/QĐ-BNV Regarding the Approval of the Amended Charter of the Vietnam Construction Contractors Association

Pursuant to …;

Regarding the approval of the amended Charter of the Vietnam Association of Construction Contractors

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 Association of Construction Contractors and the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Approves the amended Charter of the Vietnam Association of Construction Contractors which was adopted at the Second Term General Assembly of the Association.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Chairman of the Vietnam Association of Construction Contractors and the Director of the Department of Non-Governmental Organizations are responsible for implementing this Decision./.

 

CHARTER

VIETNAM ASSOCIATION OF CONSTRUCTION CONTRACTORS

(issued pursuant to Decision No. 76/2005/QĐ-BNV dated August 3, 2005 of the Ministry of Home Affairs)

Article 1. Name

PART I

GENERAL PROVISIONS

Article 1The common name of the association is: Vietnam Association of Construction Contractors

The English name of the association is: THE VIETNAM ASSOCIATION OF CONSTRUCTION CONTRACTORS.

The abbreviated English name of the association is: VACC

Article 2. Purpose

Article 2The Vietnam Association of Construction Contractors (hereinafter referred to as the association) is a voluntary professional organization of enterprises from all economic sectors throughout the country that are permitted to practice construction.

The purpose of the association is to gather and link construction installation, consulting, production and trading of building materials and equipment enterprises.

To protect the common interests and legitimate interests of construction enterprises, support enterprises in management, business, science and technology, and legal matters, contributing to promoting the development of the construction industry in Vietnam. . . Article 3. Scope of Operation

Article 3The Vietnam Association of Construction Contractors has its headquarters in Hanoi and branch offices or representative offices in Ho Chi Minh City, Da Nang, and other places both within and outside the country when required and in accordance with the provisions of national laws.

The association has local chapters in domestic areas and overseas contractor chapters when permitted by competent state authorities in accordance with the law.

Article 4. Legal Status of the Association

Article 4The Vietnam Association of Construction Contractors operates under Vietnamese law, with the support of the Ministry of Construction, the state management agency for construction in Vietnam.

The association has legal personality, a seal, and a separate account at the Bank.

Article 5. Main Tasks of the Association:

Article 51. The association is organized and operates according to the association's charter approved by the competent state authority and does not contravene the law; the association is organized on the principle of voluntariness, self-management, self-financing, and responsibility before the law.

2. Mobilize the enthusiasm and creative capacity of members towards exchanging experiences, summarizing, and disseminating scientific and technological progress and new technologies in construction installation, in organizational management and construction project execution to improve quality, labor productivity, and quickly reach regional and international standards.

3. Propose and provide comments to relevant state management agencies to build construction management systems, bidding regulations in line with the Party and State's policies and the realities of production and business operations, contributing to the industrialization and modernization of the country, while accelerating the accumulation and growth rate of construction contractors.

4. Provide legal, economic, and technical information services related to construction installation, focusing primarily on price and unit price information for various types of work; disseminate and introduce advanced construction technology processes that bring economic benefits; types, technical standards of new construction materials, machines, and equipment.

5. Collect and process information about investment construction projects of investors on Vietnamese territory as well as in countries in the region and those with relations. Promote cooperation among member construction contractors in production and business activities, investment in equipment, workforce building, and technical infrastructure construction to serve effective construction installation work, in line with regional and international standards, ensuring the implementation of construction installation contracts. . . .

6. Timely grasp the development and important changes in the world market, particularly in Southeast Asia, focusing on economic and technological issues, applying advanced technical progress in organizing and managing construction installation projects, formulating policies and measures to bring about effectiveness in production and business operations to catch up and integrate with countries in the region and globally.

7. Regularly maintain relationships with domestic and foreign agencies, organizations, and associations to create favorable conditions for the development of member construction contractors. Participate in organizing the ASEAN Association of Construction Contractors and the Asia-Pacific and International Association of Construction Contractors with permission from state management agencies.

8. Support training and internships both domestically and internationally, contributing to building a workforce in line with the development of the industry in accordance with state law.

9. Mediate disputes between member construction contractors. Coordinate with legal agencies to protect the legitimate rights of members when there are disputes during the execution and settlement of construction installation contracts with domestic and foreign counterparties.

10. Encourage and motivate members to uphold professional ethics and responsibilities serving societal interests.

Act as a liaison to coordinate and link member enterprises, promoting mutually beneficial joint ventures and collaborations.

11. Article 6. Methods of Operation of the Association:

Article 6Organize conferences, seminars, specialized reports, roundtable discussions on issues related to the tasks and activities of the association and its members.

1. 2. Organize training courses to enhance professional skills in international and domestic bidding, construction installation business, science and technology, legal matters, and advanced construction installation technology in accordance with state law.

3. Publish specialized magazines and books necessary to serve the association's operational objectives in accordance with state law.

3. Publish necessary professional journals, books, and newspapers to serve the operational objectives of the association in accordance with the laws of the State.

4. Seek cooperation, professional support, and experience exchange with associations and organizations both domestically and internationally as prescribed by the State.

Chapter II

MEMBERS

, Clause 1, Clause 2 Article 7a of this Regulation.. Members

Members of the association include regular members and affiliated members.

1. Regular members are construction contractors, investment and construction consultants, production and business enterprises dealing with construction materials and equipment in Vietnam, possessing legal personality, agreeing to the Charter of the association, and voluntarily applying for membership. . of Vietnam nationwide with legal personality, agree to the Charter of the association, and voluntarily submit an application to join shall be considered for admission as They will be considered for admission as regular members of the association. The representative of regular members must be an authorized person with decision-making power of the enterprise or a legally appointed representative as stipulated by law.

2. Affiliated members are joint ventures and wholly foreign-owned enterprises operating in Vietnam, contributing to the development of the association, agreeing to the Charter of the association, and voluntarily applying for membership, which will be considered for admission as affiliated members of the association.

3. The association invites experienced managers, scientific, technical, and economic experts from various sectors in Vietnam, who are enthusiastic about the association and capable of contributing to the implementation of the association's tasks, to serve as advisors to the association.

4. Founding members recognized by the founding assembly of the association are considered founding members of the association.

5. Legal entities (enterprises or organizations) elect representatives to the association. Representatives must have decision-making authority and their names and positions must be clearly stated in the application for membership. In cases of delegation, the delegated representative must have sufficient decision-making authority and the delegator must bear responsibility for the delegation. When changing representatives, members must notify the Executive Board of the association in writing. The representative must have the authority to decide, and the person granting the power of attorney shall be responsible for such authorization. When changing the representative, the member must notify the Association's Executive Board in writing.

6. The status of association membership will cease to be valid if any of the following circumstances occur::

a) Organizations or individuals voluntarily cease operations, are suspended, dissolved, or declared bankrupt.

b) By the decision of the Executive Board with the agreement of two-thirds of its members when a member violates any of the following provisions:

- Operating contrary to Vietnamese laws

- Operating contrary to the purpose of the association

- Not fulfilling membership obligations fully, not complying properly or seriously violating regulations or resolutions of the association.

c) All members of the association whose civil rights are revoked shall automatically be removed from the list of association members.

Article 8. Rights and Obligations of Members:

1. Rights:

a) Participate in the General Assemblies of the association, discuss and vote on association matters.

b) Nominate and be nominated for leadership positions within the association.

c) Participate in specialized committees and organizations of the association both domestically and internationally and utilize these organizations to implement programs and plans of activities in the construction sector of their units.

d) Propose and provide opinions to the association regarding amendments and supplements to policies, systems, laws, etc., related to production and business activities.

e) Receive information and publications from the association and use them to promote and introduce their organizations domestically and internationally according to state regulations.

f) Use the headquarters and facilities of the association to conduct transactions with domestic and international organizations according to the law. to conduct transactions with domestic and foreign organizations in accordance with the law.

g) Receive assistance from the association in areas to promote construction bidding and business activities domestically and internationally as follows:

- Interact with investors, traders, merchants, both domestically and internationally according to the law.

- Market research, transactions, and professional experience exchanges in the field of production and business activities.

- Understanding legal issues and matters related to construction bidding activities domestically and internationally. Understanding and establishing relationships to undertake construction projects abroad, the ability to export construction technical labor, participating in international bids, joint ventures, and collaborations with international contractors according to the law.

- Participating in trade fairs, conferences, seminars, and training sessions organized by the association according to the law.

- Exchanging information, advertising, and promoting construction products, building materials, and activities of Vietnamese construction contractors.

- Have the right to request the association to assist in protecting their legitimate and just interests.

- Utilize other services provided by the association at preferential rates.

- Receive assistance from the association when encountering difficulties under possible conditions.

- Affiliated members of the association enjoy all rights except the right to vote on association matters and the right to nominate and elect to the Board of Directors of the association.

2. Obligations:

1. Strictly comply with the Charter, Resolutions of the General Assembly, Regulations, and Decisions of the Board of Directors.

2. Pay the joining fee and membership dues as prescribed in Article 14 of this Charter.

3. Actively participate and perform assigned tasks well in common activities organized by the Association.

4. Provide complete information about the unit's activities periodically as prescribed by the Board of Directors or upon request.

5. Unite, cooperate, support, and help other members, specialized organizations of the association, contribute to promoting the work of the association, enhancing its reputation, and building it stronger.

6. Maintain the association's reputation, professional ethics, protect the common interests of the association, promote a spirit of cooperation and honesty, and refrain from harming the interests of other members in the association.

Chapter III

ORGANIZATIONAL STRUCTURE

Article 9. The organization of the Vietnamese Construction Contractors Association includes:

- The General Assembly of the association.

- The Board of Directors (BOD), the Standing Committee, and the permanent office of the BOD.

- The Audit Board.

- The Advisory Council.

- Specialized committees of the association.

- Representative offices of the association both domestically and internationally, subject to permission from competent state authorities as prescribed by law.

- Local branch associations.

Article 10. General Assembly of the Association

The General Assembly of the Association is the highest authority of the association, convened every five years.

The General Assembly of the Association decides on the following issues:

- Approving the main tasks and programs of the associations for the new term.

- Approving the report on activities and finances of the previous term.

- Electing the Board of Directors and the Inspection Committee for the new term.

- Amending and supplementing the Charter of the Association (if necessary)..

- Discussing and deciding other matters concerning the work of the Association and its members.

Article 11. Voting principles at the General Assembly

Resolutions of the General Assembly of the Association are decided by a majority of present members, but for particularly important issues, they must be approved by two-thirds of the present members and more than half of the total number of members of the Association.

Article 12. Board of Directors and functions, duties of the permanent body of the Board of Directors

1. The Board of Directors is the highest management body between two General Assemblies, elected by the General Assembly of the Association from among regular members and some individuals responsible for the Association's activities. The number of Board of Directors members varies according to the number of members but is an odd number and is determined by the General Assembly of the Association. The term of the Board of Directors is five years.

2. The Chairman of the Board of Directors is the Chairman of the Association, representing the Board of Directors and the Association, responsible for all activities of the Association. The Chairman of the Association is also the head of the Standing Committee of the Board of Directors. Depending on the scale of organization, characteristics, operating area, complexity of specialized fields, the General Assembly of the Association will decide the number of Standing Committee members, Vice Chairmen, and the Inspection Committee. The term of the Chairman of the Board of Directors is five years.

3. The Board of Directors elects the Standing Committee, the Chairman, Vice Chairmen, Secretary-General, and Deputy Secretaries-General. The Chairman, Vice Chairmen, and Secretary-General form the permanent body of the Board of Directors. Standing Committee members of the Association are assigned to manage a specialized field, possibly directly managing a Department or Center or the work of one or several provincial or city associations. Vice Chairmen assist the Chairman in general management and are assigned by the Chairman to manage certain members in the same industry, a specific region, or field of work. The Secretary-General assists the Chairman in daily management of the Office and subordinate organizations of the Association according to the specific assignment of the Chairman.

4. Depending on the workload, the permanent body of the Board of Directors under the direction of the Chairman of the Board of Directors will decide on personnel organization and working regulations of the Departments and Central Office of the Association.

5. The organizational structure of branches or representative offices of the Association will be decided by the permanent body of the Board of Directors.

6. The Board of Directors decides on the supplementation, amendment, and approval of working regulations of the Association during the period between two General Assemblies, and decides on the admission or withdrawal of members from the Association.

7. The Board of Directors proposes the State to decide on the Association's joining international and regional organizations in accordance with the law.

8. The Board of Directors meets twice a year to assess and evaluate the operation of the Association, discuss measures to implement the resolutions of the General Assembly, and promptly address emerging and existing issues.

9. During the period between two General Assemblies, the Board of Directors may supplement Board of Directors members. The number of supplemented Board of Directors members shall not exceed one-fifth of the number of members elected by the General Assembly.

Article 13. Inspection Committee

The General Assembly of the Association elects an Inspection Committee consisting of a Head, Deputy Head, and some members. The term of the Inspection Committee is the same as that of the Board of Directors, which is five years from one General Assembly to the next.

The Inspection Committee has the duty to inspect the implementation of the Charter of the Association, the activities of the Board of Directors, financial inspections, and consider and resolve complaints.

The Inspection Committee is responsible for reporting inspection results to the Board of Directors and has the right to recommend necessary measures for the Board of Directors to decide on important and urgent issues.

The Head of the Inspection Committee is invited to attend regular meetings of the Board of Directors.

Article 14. Advisory Council

The Advisory Council will be chaired by a Vice Chairman of the Association. The number of Advisory Council members will be decided by the permanent body of the Association and invited from leading experts in economics, technology, and management related to the Association's work and reputable in their field.

Article 15. Changes in personnel of the Board of Directors during the term

The term of the Board of Directors follows the term of the General Assembly. During the term, changes in personnel of the Departments will be proposed by the permanent body of the Board of Directors and decided by the Chairman of the Board of Directors. Changes in personnel of the permanent body of the Board of Directors and the Head of the Inspection Committee are decided by the Board of Directors. In cases where personnel are absent, the Chairman of the Board of Directors assigns other members of the permanent body of the Board of Directors to take over.

In case a member of the Board of Directors cannot continue their duties due to any reason, the corporate member having that person must appoint another person to replace them and notify the Chairman of the Board of Directors within thirty days after the situation occurs. The appointed replacement will only be recognized as a Board of Directors member after receiving recognition from the permanent body of the Board of Directors.

Chapter IV

FINANCIAL MATTERS OF THE ASSOCIATION

Article 16. Sources of income of the Association

1. Membership fees and annual dues.

2. Dues levels are decided by the General Assembly and paid once at the end of the second quarter each year.

3. Income from consulting, information services, and other services within the Association's operational scope as prescribed by law.

4. Donations and sponsorships from domestic and foreign organizations carried out according to the regulations stipulated by state laws.

5. Other income as prescribed by law.

Article 17. Expenditures of the Association

1. Regular expenses for the Association's operations.

2. Allocate for the construction of material infrastructure, office equipment, working tools... of the association.

3. Pay salaries to staff of the association's office, provide allowances to collaborating members.

4. Cover social insurance and healthcare for staff of the association's office.

5. Allocate for services and rewards for staff, members, and collaborating members who contribute to the association's activities.

Article 18. Financial management principles of the association

1. The fiscal year of the association begins on January 1 and ends on December 31 each year.

2. Revenue and expenditure plans are approved by the Board of Directors and reported to the Board of Directors.

3. The association's finances are managed according to the state financial system.

Article 19. Asset management principles of the association

1. Association assets will be managed by the Chairman of the Board of Directors, and management methods will be decided by the Chairman of the Board of Directors in accordance with the law.

2. In the event of the association being dissolved, all association assets will be inventoried, revalued, and disposed of in accordance with the law.

Chapter V

REWARD AND DISCIPLINE

Article 20. Awards

Management officials in the Board of Directors, association members who have made significant effective contributions, have a high sense of responsibility, actively support and assist other members, will be rewarded by the Board of Directors' decision and may be recommended for awards by competent state authorities.

Article 21. Disciplinary measures

Management officials in the Board of Directors, association members who violate the association's charter, damage the reputation, honor, interests of the association, and the interests of other members shall bear disciplinary actions ranging from reprimand to dismissal or expulsion from the association depending on the severity of the violation. The Board of Directors will decide on the form of disciplinary action based on the proposal of the Board of Directors' permanent body. 1. This charter consists of 6 chapters and 22 articles, which is the revised charter of the Vietnam Contractors Association and was adopted at the Second General Assembly of the association on November 23-24, 2004.

Chapter VI

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

2. The charter of the Vietnam Contractors Association takes effect according to the approval decision of the Ministry of Home Affairs and can only be amended or supplemented by the association's general assembly.

3. All members of the Vietnam Contractors Association are responsible for implementing this charter./.

3. All members of the Vietnam Construction Contractors Association are responsible for implementing this Charter./.