Decision No. 836/QD-BNV Approves the Charter (Amended) of the Vietnam Victims of Agent Orange/Dioxin Association (2008-2013)

Pursuant to …;

Approving the Charter (Amended) of the Vietnam Victims of Agent Orange/Dioxin Association (2008-2013)

___________________________________

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 102/SL-L004 dated May 20, 1957 promulgating the Law on the Right to Establish Associations;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating 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 stipulating the organization, operation, and management of associations;

Considering the proposal of the Chairman of the Vietnam Victims of Agent Orange/Dioxin Association and the Director of the Department of Non-Governmental Organizations;

Pursuant to …;

Article 1. Approving the Amended Charter of the Vietnam Victims of Agent Orange/Dioxin Association (Term 2008-2013), which was adopted at the Second National Congress on December 2, 2008, in Hanoi.

Article 2. This Decision takes effect from the date of signature.

Article 3. The Chairman of the Vietnam Victims of Agent Orange/Dioxin Association, the Director of the Department of Non-Governmental Organizations, and the Director of the Office of the Ministry of Home Affairs shall be responsible for implementing this Decision.

CHARTER (AMENDED)

Vietnam Victims of Agent Orange/Dioxin Association
(Approved pursuant to Decision No. 836/QĐ-BNV dated May 26, 2009

of the Minister of Home Affairs) 

The Vietnam Victims of Agent Orange/Dioxin Association (hereinafter referred to as the Association) is a social organization. The Association unites and gathers victims injured by chemical toxins, primarily due to Agent Orange containing dioxin produced by American chemical companies and used by the US military during the Vietnam War (hereinafter referred to as Victims of Agent Orange) and the Vietnamese people voluntarily participating in mitigating the consequences of Agent Orange/dioxin with the aim of contributing to the country's development towards the goal of "a wealthy people, a strong nation, a fair, democratic, and civilized society," for the benefit of Vietnamese Victims of Agent Orange.

The Association operates in accordance with the laws of the Socialist Republic of Vietnam and this Charter. The Association is a member of the Vietnam Fatherland Front. The Association is supported by the Ministry of Natural Resources and Environment and the Ministry of Labor, Invalids, and Social Affairs. The Association is subject to state management.

The Association engages in relations and cooperates with organizations both domestically and internationally based on the principles of equality, mutual respect, compliance with Vietnamese laws, international treaties to which Vietnam is a party, or has recognized, and in accordance with international practices.

PART I

GENERAL PROVISIONS

Article 1. Name and Emblem

1. Name of the Association: "Vietnam Victims of Agent Orange/Dioxin Association."

2. International trade name:
"Viet Nam Association for Victims of Agent Orange/Dioxin."

3. Abbreviation in English: "VAVA."

4. Emblem of the Association: "A circle with three orange semi-figures representing generations of Victims of Agent Orange on a light yellow background, below which is the word VAVA, surrounded by green letters reading 'Vietnam Victims of Agent Orange/Dioxin Association' and a rice stalk."

Article 2. Nature of the Association

The Association is a social organization of Victims of Agent Orange who are citizens of the Socialist Republic of Vietnam and individuals voluntarily contributing their efforts, intelligence, and funds to assist Victims of Agent Orange and mitigate the consequences of chemical toxins used by the United States during the Vietnam War.

Article 3. Aims and Objectives

1. The Association is established to mobilize all social potentials both domestic and foreign philanthropists, create every condition to assist victims of Agent Orange and their families to integrate into society and contribute to the cause of building and defending the Socialist Republic of Vietnam.

2. The Association educates and encourages Agent Orange victims to overcome difficulties and rise up, organize care and assistance among themselves in life and fulfill their civic duties and rights.

Article 4. Legal Status

1. The Association operates throughout the country.

2. The Association has legal personality, its own seal, and a separate account at the State Bank.

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

Article 2. This Decision takes effect from the date of signing.

Chapter II

FUNCTIONS, TASKS, RIGHTS AND PRINCIPLES OF ORGANIZATION AND OPERATION OF THE ASSOCIATION

Article 5. Functions of the Association

1. Mobilize various strata of the people in society to promote the national tradition of "loving others as oneself" to support and help Agent Orange victims spiritually and materially to overcome physical pain, reduce difficulties in life, encourage victims to overcome diseases, foster optimistic spirits to continue contributing to society through labor.

2. Protect the legitimate rights and interests of Vietnamese Agent Orange victims.

3. Represent Vietnamese Agent Orange victims in relations with domestic agencies and organizations, in international relations, and in efforts to compel the United States to take responsibility for remedying the consequences of chemical warfare they caused.

Article 6. Tasks and Rights of the Association

1. Unite, motivate Agent Orange victims to overcome difficulties, utilize their capabilities in social activities, integrate into the community, and comply with state laws.

2. Organize activities and mobilize contributions from individuals, state agencies, armed forces units, economic organizations, social-professional organizations, etc., to provide material and spiritual assistance to help Agent Orange victims improve their living conditions and integrate into the community. Promote socialization of the Association's activities.

3. Propose and recommend to the state the issuance, supplementation, and amendment of mechanisms and policies related to the legitimate rights and interests of Agent Orange victims.

4. Expand international cooperation, seek financial support and assistance from foreign organizations and individuals in humanitarian activities for Agent Orange victims. Exchange experiences on Association activities in accordance with Vietnamese state laws. Participate in people's diplomacy activities for the benefit of Agent Orange victims.

Article 7. Principles of Operation of the Association

1. Voluntary, self-management, and accountability under the law.

2. Unity, mutual assistance, equality, and cooperation.

Article 3. The Chairman of the Vietnam Victims of Agent Orange/Dioxin Association, the Director of the Department of Non-Governmental Organizations and the Secretary-General of the Ministry of Home Affairs are responsible for implementing this Decision.

DECISION (AMENDED) OF THE VIETNAM ASSOCIATION OF VICTIMS OF AGENT ORANGE/DIOXIN (APPROVED BY Decision No. 836/QD-BNV dated May 26, 2009 of the Minister of Home Affairs) The Vietnam Victims of Agent Orange/Dioxin Association (hereinafter referred to as the Association) is a social organization. The Association unites and gathers victims harmed by chemical toxins, mostly due to Agent Orange containing dioxin produced by US chemical companies and used by the US military during the Vietnam War (hereinafter referred to as Agent Orange victims), and voluntary participation of various strata of the Vietnamese people to overcome the consequences of Agent Orange/dioxin for the purpose of contributing to the cause of national development towards the goal of "prosperous people, strong country, equitable, democratic, civilized society," for the benefit of Vietnamese Agent Orange victims. The Association operates in accordance with Vietnamese state laws and this Charter. The Association is a member of the Vietnam Fatherland Front. The Association is supported by the Ministry of Natural Resources and Environment and the Ministry of Labor, Invalids and Social Affairs. The Association is subject to state management. The Association relates and cooperates with domestic and international organizations based on equality, mutual respect, compliance with Vietnamese state laws, international treaties to which Vietnam is a party or recognizes, and international practices.

Chapter III

MEMBERS, HONORARY MEMBERS, COOPERATIVE PARTNERS, SPONSORS, VOLUNTEERS

Article 8. Members

The members of the Association include:

1. Vietnamese individuals who have been exposed to and harmed by Agent Orange/dioxin produced by American chemical companies and used by the US military during the Vietnam War, and organizations or individuals who voluntarily agree to the Charter and apply to join the Association shall be considered for admission into the Association. Admission of members is decided by the Standing Committee of the Executive Board of the Association.

2. Vietnamese individuals residing abroad; foreigners who have contributed to the Association may be invited and recognized as honorary members of the Association. Honorary members do not participate in elections, nominations for leadership positions, nor do they vote on decisions of the Association.

Article 9. Collaborators; sponsors; volunteers

1. Collaborators are individuals participating in some activities of the Association, involved in searching for or implementing projects for the benefit of the Association.

2. Sponsors are those who regularly contribute financially and materially to the Association.

3. Volunteers are individuals who voluntarily participate in activities related to treating illnesses, restoring functions, teaching skills, teaching, and helping victims integrate into the community.

4. Collaborators; sponsors, and volunteers are provided with conditions to participate in the activities of the Association.

Article 10. Rights of members

1. Participate in activities at organizational levels of the Association, discuss and vote on matters of the Association.

2. Elect, run for, and nominate themselves for leadership positions within the Association.

3. Receive support and assistance according to the capacity of the Association, be protected when their legitimate rights and interests are violated.

4. Propose, provide opinions, and request the Association to petition relevant authorities regarding issues of concern.

Article 11. Obligations of members

1. Adhere to the Charter of the Association, Resolutions of the Congress, as well as other Resolutions of the Association;

2. Participate in activities and complete assigned tasks effectively.

3. Unite and cooperate with other members to strive together to achieve the objectives and purposes of the Association; participate in contributing to fundraising and development efforts for the Association.

Chapter IV

PRINCIPLES OF ORGANIZATION AND OPERATION OF ASSOCIATION LEVELS

Article 12. Organization of the Association

1. The Victims of Agent Orange/Dioxin Association is established at central and local levels.

a. At the central level: The Vietnam Victims of Agent Orange/Dioxin Association operates nationwide, established and approved by the Minister of Home Affairs based on the Charter.

b. At the local level: The Victims of Agent Orange/Dioxin Association operates within the province or centrally-administered city (provincial level), established and approved by the Chairman of the Provincial People's Committee based on local needs. It voluntarily adheres to the Charter of the Vietnam Victims of Agent Orange/Dioxin Association and is reviewed and recognized as a member association by the Central Executive Board.

2. The organization of the Association includes:

a. National Congress, or General Assembly;

b. Executive Board;

c. Standing Committee of the Executive Board, Central Office;

d. Inspection Board;

đ. Central Office of the Association;

e. Member Associations;

g. Subordinate organizations established in accordance with the law.

Article 13. Congress

1. The National Congress is the highest governing body of the Association. The term Congress is held every five years, convened by the incumbent Executive Board.

2. Tasks and rights of the Congress:

a. Discuss the report summarizing the previous term and the direction of activities for the new term of the Association;

b. Discuss the report on the inspection of the term of the Executive Board and the Inspection Board;

c. Discuss and approve the Charter or amendments and supplements to the Charter;

d. Discuss and approve the Resolution of the Congress;

đ. Elect the Executive Board and the Inspection Board. The form of election for the Executive Board and the Inspection Board is decided by the Congress.

3. In special circumstances, to address urgent issues of the Association, the Executive Board may convene an extraordinary Congress upon the proposal of the President of the Association, or more than 50% of the total number of Executive Board members.

4. Summoning letters for the Congress, agenda, and materials used in the Congress must be sent to subordinate associations at least two weeks before the meeting date.

5. Resolutions of the Congress are passed by majority vote. Each delegate or member attending has one vote. The form of voting is decided by the Congress.

Article 14. Executive Board

1. The Executive Board is the governing body between two Congress sessions. The list and number of members of the Executive Board proposed by the previous term's Executive Board are approved by the Congress. The number and structure of the Executive Board, including the Chairperson, Vice Chairpersons, Chairpersons of member associations, and Heads of affiliated units, are decided by the Congress.

2. The term of the Executive Board is five years. In cases where additional members need to be elected or existing members replaced during the term, the Chairperson proposes and the Executive Board approves. The number of additional members shall not exceed 10% of the total number of members already elected by the Congress. The form of additional election is decided by the Executive Board meeting.

3. The Executive Board operates according to the Regulations approved by the full meeting of the Executive Board.

4. The Central Executive Board of the Association meets once a year. Sessions of the Executive Board are valid when more than half of the total number of Executive Board members are present.

5. Decisions and resolutions of the Executive Board are passed by voting and only become effective when more than 50% of the total number of attending Executive Board members agree. If the number of votes for and against are equal, the side with the opinion of the Executive Board Chairperson will be accepted. The form of voting is decided by the Executive Board.

6. The Executive Board has the following duties and powers:

a. To decide on measures to implement the resolutions of the Congress;

b. To approve the annual work plan and program of the Executive Board;

c. To approve the annual financial plan and settlement, or the entire term of the Association;

d. To resolve issues arising between two Congress sessions;

đ. To establish principles, management systems, financial usage regulations, organizational structure, and operational regulations of the Association;

e. To elect and remove members of the Standing Committee of the Executive Board, Chairperson, Vice Chairpersons, and General Secretary. The form of voting for election or removal is decided by the Executive Board;

g. To decide on rewards and punishments.

h. To convene regular and extraordinary Congresses, regular and extraordinary meetings.

Article 15. Standing Committee of the Executive Board, Permanent Council

1. The Standing Committee of the Executive Board (referred to as the Standing Committee) is the governing body between two meetings of the Executive Board. The number and form of election of the Standing Committee are determined by the Executive Board. The Standing Committee meets once every three months. Extraordinary meetings of the Standing Committee are convened upon the proposal of the Chairperson or by more than 50% of the total number of Standing Committee members. Meetings of the Standing Committee are valid when more than half of the total number of attending Standing Committee members are present. Resolutions of the Standing Committee are valid when more than half of the attending members agree. The Standing Committee consists of the Chairperson, Vice Chairpersons, General Secretary (Secretary), and members. The Standing Committee has the following duties and powers:

a. To direct the implementation of Congress and Executive Board resolutions;

b. To approve the allocation and use of assets and finances of the Association;

c. To decide on organizational and membership issues of the Association;

d. To approve reports on the results of activities and future plans and programs of the Standing Committee, and the content and agenda of the next Executive Board meeting;

2. The Permanent Council consists of the Chairperson, Vice Chairpersons, General Secretary (Secretary), and other members assigned by the Chairperson to handle daily work.

Article 16. Supervisory Board

1. The Supervisory Board is elected by the Congress, consisting of from three to five members, headed by one Chairperson. The form of election is decided by the Executive Board. The term of office of the Supervisory Board is the same as that of the Executive Board.

2. The Supervisory Board operates according to the Charter approved by the Executive Board.

3. The Supervisory Board has the following tasks and powers:

a. Inspect and supervise the activities of members and subordinate organizations of the Association in complying with laws related to the activities of the Association, the Charter of the Association, Resolutions of the Congress, of the Executive Board, and the Financial Management Regulations of the Association;

b. Inspect and report to members and recommend measures for issues proposed by the Executive Board or members.

4. The Chairperson of the Supervisory Board may attend meetings of the Executive Board and the Standing Board at the same level and lower levels.

Article 17. Chairman and Deputy Chairmen

1. The Chairman of the Executive Board is elected by the Executive Board. The Chairman of the Executive Board concurrently serves as the Chairman of the Association.

2. The Chairman has the following tasks and powers:

a. Representing the Association internally and externally;

b. Proposing directions, policies, and measures to ensure that the Association operates in accordance with state laws, the Charter of the Association, Resolutions of the Congress; building and perfecting the Association's development in all aspects;

c. Managing the Association's account;

d. Organizing the implementation of Congress resolutions, Executive Board resolutions, and Standing Board resolutions;

e. Summoning and chairing meetings of the Executive Board and the Standing Board;

g. Being responsible before the law, the Executive Board, and all members regarding the Association's activities;

h. Signing decisions on establishing and dissolving specialized boards and subordinate organizations of the Association in accordance with the law;

i. Approving personnel and working regulations of organizational units under the Association's agency, financial management regulations, and property management regulations of the Association.

3. Deputy Chairmen of the Executive Board are elected by the Executive Board upon the recommendation of the Chairman. Deputy Chairmen of the Executive Board concurrently serve as Deputy Chairmen of the Association. Deputy Chairmen assist the Chairman, are assigned specific tasks by the Chairman, and may be authorized to manage operations when the Chairman is absent.

Article 18. Deputy Chairman - Secretary General

1. The Deputy Chairman - Secretary General (Secretary Member) is elected by the Executive Board upon the recommendation of the Chairman.

2. The Secretary General has the following tasks and powers:

a. Representing the Central Agency of the Association in relations with organizations and individuals both domestically and internationally;

b. Organizing the drafting of plans and supervising the implementation of Congress resolutions, Executive Board resolutions, and Standing Board resolutions;

c. Organizing and managing the daily operations of the Central Agency of the Association;

d. Drafting operational regulations of the agency, financial management regulations, and property management regulations of the Association for approval by the Standing Board;

đ. In addition to special events requiring timely information, reporting the results of the Association's activities every three months to the Executive Board, member associations, and subordinate units;

e. Organizing the drafting of annual reports, term reports of the Executive Board, and reports sent to Party, Government, and People's Council agencies at the same level as required;

g. Being responsible before the law and the Executive Board for the activities of the Association's agency.

Article 19. Central Agency of the Association

1. The central agency of the Association operates according to the Charter approved by the Executive Board.

2. The organization of the central agency of the Association is approved by the Executive Board.

3. Staff members of the central agency of the Association must be professionally trained individuals with high responsibility, recruited through public interviews, working under contracts and assigned responsibilities.

4. The annual operating budget of the central agency of the Association is drafted by the Vice President - General Secretary and approved by the Executive Board.

Article 20. Subordinate Units of the Association

The Association may establish several subordinate units, operating according to the functions and tasks of the Association, based on resolutions of the Executive Board. The establishment of these units must comply with legal regulations and be decided by the Chairman of the Central Committee of the Association.

Chapter V

FINANCE AND ASSETS OF THE ASSOCIATION

Article 21. Finance of the Association

1. The finance of the Association includes:

a. Support from the people and organizations within and outside the country;

b. State budget funding (if any);

c. Membership fees;

d. Other legitimate sources of income.

2. The finance of the Association is allocated for the following purposes:

a. Assistance to victims, including: emergency aid, gifts during holidays, house construction, production loans without interest, medical treatment, care, vocational training, education...

b. Activities according to the functions and tasks of the Association; allowances and salaries for dedicated staff; administrative and office expenses.

c. Awards.

3. Expenditures must be based on the current resources of the Association according to the principle of self-sufficiency.

Article 22. Assets of the Association

Assets funded by the state, supported by the people and organizations within and outside the country are the property of the Association, managed and utilized according to state regulations and guidelines of the Central Committee of the Association.

Article 23. Management of Assets and Finance of the Association

1. The assets and finance of the Association are managed according to the operational charter approved by the Executive Board, consistent with the state's financial management system. All assets and financial transactions of the Association must be fully recorded in the Association's accounting books.

2. Annually, the Association must prepare financial reports in accordance with current financial management regulations and submit them to the state management agency responsible for associations as stipulated by law. The Association's annual financial report must be publicly reported to the Executive Board and the Central Committee Meeting. The financial report for the entire term must be publicly reported at the Congress.

Chapter VI

REWARD AND DISCIPLINE

Article 24. Rewards

Groups or individuals with outstanding achievements in association activities will be considered for awards by the Association or recommended for awards by the United Front or the state, following the guidelines of the state and the Central Committee of the Association.

Article 25. Disciplinary Measures

Groups or individuals who are members of the Central Committee, the Executive Board, leaders of subordinate organizations of the Association, or members violating the Charter, Resolutions of the Association, damaging the reputation or honor of the Association, or misappropriating or causing loss of the Association's finances or assets may be subject to disciplinary measures depending on the severity of the violation:

1. For groups: Criticism; Warning;

2. For individuals: Removal from position; removal from membership list; ordered to compensate for losses. In cases where there is a violation of the law, they will be referred to the competent authority for investigation and handling according to the law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 26. Implementation of the Association Charter

1. All levels of the Association and members nationwide must strictly implement the Association Charter.

2. The Central Executive Board of the Association has the responsibility to guide the implementation of the Association Charter.

Article 27. Amendment and Supplement to the Charter

Only the National Congress of Representatives or the National Congress of the Vietnam Association of Victims of Agent Orange/Dioxin has the right to amend and supplement the Association Charter.

Article 28. Effectiveness of the Charter

This Charter consists of 7 Chapters and 28 Articles, which have been amended, supplemented, and approved by the Second National Congress of Representatives of the Vietnam Association of Victims of Agent Orange/Dioxin (2008-2013) on December 2, 2008, in Hanoi. The Charter takes effect from the date it is approved by the Minister of Home Affairs through a decision.