Decision No. 85/2005/QD-BNV Regarding the Approval of the Charter (Amended) of the Association of Collectors, Researchers, Popularizers, and Teachers of Vietnamese Folk Culture and Arts (referred to as the Vietnam Folk Literature and Art Association)

DECISION

Regarding the approval of the Charter (amended) of the Association of People Collecting, Researching, Promoting and Teaching Vietnamese Folk Culture and Arts (referred to as the Vietnam Folk Arts Association) (abbreviated as the Vietnam Folk Arts Association)

THE MINISTER OF HOME AFFAIRS

On the basis of Decree No. 102/SL dated May 20, 1957 on the right to establish Associations;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 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 Folk Arts Association and the Director of the Department for Non-Governmental Organizations,

DECISION:

Article 1. APPROVING THE CHARTER (AMENDED)

The Association of People Collecting, Researching, Promoting and Teaching Vietnamese Folk Culture and Arts (referred to as the Vietnam Folk Arts Association) was approved at the Fifth National Congress of the Vietnam Folk Arts Association on May 27, 2005.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE.

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

CHARTER (AMENDED)

ASSOCIATION OF PEOPLE COLLECTING, RESEARCHING, PROMOTING

AND TEACHING VIETNAMESE FOLK CULTURE AND ARTS.

(ABBREVIATED AS VIETNAM FOLK ARTS ASSOCIATION)

(Issued pursuant to Decision No. 85/2005/QĐ-BNV dated August 18, 2005)

of the Minister of Home Affairs)

PART I

NAME, PURPOSE, SCOPE OF ACTIVITY AND ORGANIZATIONAL PRINCIPLES OF THE ASSOCIATION

AND PRINCIPLES OF ORGANIZATION AND OPERATION OF ASSOCIATIONS

Article 1. Name

The name of the Association is the Association of People Collecting, Researching, Promoting and Teaching Vietnamese Folk Culture and Arts.

The abbreviated name of the Association is VIETNAM FOLK ARTS ASSOCIATION.

The English name of the Association is ASSOCIATION OF VIETNAMESE FOLKLORISTS, Abbreviated as (AVF).

Article 2. Nature of the Association

1. The Vietnam Folk Arts Association is a political-social-professional organization of Vietnamese citizens voluntarily engaged in collecting, researching, promoting, and teaching Vietnamese folk culture and arts (VHVNDG) and actively participating in Association activities.

2. The Association operates under the leadership of the Communist Party of Vietnam, following the cultural and artistic policies of the Party, subject to state management and compliance with the laws of the Socialist Republic of Vietnam.

Article 3. Purpose of the Association

The purpose of the Association is to gather and unite those engaged in Vietnamese folk culture and arts to assist each other in professional activities voluntarily, aiming to preserve, promote, and inherit the rich and valuable essence of Vietnamese folk culture and arts from various ethnic groups and regions throughout the country, contributing to building a modern and distinctive Vietnamese culture, expanding domestic and international exchange activities to introduce the rich cultural heritage of Vietnam, thereby contributing to the development of progressive human culture, strengthening and enhancing friendly relations and mutual understanding among countries and ethnic groups for long-term world peace.

Article 4. Scope of Activities of the Association

The Vietnam Folk Arts Association operates within the territory of the Socialist Republic of Vietnam, maintaining relations with international organizations to exchange and conduct activities related to folk culture and arts in accordance with Vietnamese law.

Article 5. Principles and Organization of Activities of the Association

1. The Association organizes according to the principle of voluntariness, democracy, decision-making by majority, and implementation of collective leadership and individual responsibility, which is detailed in regulations approved by the Association's Executive Board.

2. The Association operates on the principle of self-management, self-financing, and receives state financial support.

Article 6. Relations of the Association

1. The Vietnam Folk Arts Association is a member of the Vietnam Federation of Literature and Art Circles.

2. Cooperates with relevant central and local government agencies to implement the Association's programs.

3. Engages in exchanges and friendly cooperation with relevant international organizations and individuals abroad who work in Vietnamese folk culture and arts based on mutual benefit and in accordance with Vietnamese law and international practice.

Article 7. Headquarters, Legal Status, Seal, and Account of the Association

1. The headquarters of the Association is located in Hanoi, the capital city.

2. The Association operates with legal status, has its own account and seal (wet round stamp, raised round stamp, reduced wet round stamp).

Chapter II

TASKS AND POWERS OF THE ASSOCIATION

Article 8. Tasks of the Association

1. To gather, unite, organize professionals and non-professionals engaged in Vietnamese folk culture and arts, researchers, collectors, and teachers of folk culture and arts to preserve, promote, and inherit the rich and valuable essence of Vietnamese folk culture and arts from various ethnic groups throughout the country, contributing to building a modern and distinctive Vietnamese culture;

2. To develop members and organizational bases of the Association; improve the awareness and professional skills of members; introduce scientific research achievements and knowledge about Vietnamese folk culture and arts to the public; encourage and support activities related to collecting, researching, promoting, and teaching Vietnamese folk culture and arts;

3. To cooperate with relevant central and local government agencies to carry out programs and topics related to collecting, researching, promoting, and teaching Vietnamese folk culture and arts, linking the Association's activities with state activities;

4. To provide social consultation, criticism, and evaluation regarding Vietnamese folk culture and arts;

5. To propose mechanisms and policies to the Party and State regarding the collection, research, promotion, and teaching of Vietnamese folk culture and arts.

Article 9. Powers of the Association

1. To manage subordinate organs of the Association and organizational bases nationwide;

2. To cooperate with relevant international organizations of countries around the world in accordance with Vietnamese law and international practice to exchange and conduct activities related to Vietnamese folk culture and arts;

3. To create conditions for overseas Vietnamese organizations and individuals to meet the requirements of understanding, enjoying, and contributing to Vietnamese folk culture and arts, and to direct their attention towards the homeland in accordance with Vietnamese law;

4. To represent and protect the legitimate rights of members, to propose and recommend to the Party and State systems and policies for members and the cause of preserving, inheriting, and promoting Vietnamese folk culture and arts;

5. To conduct scientific services appropriate to the functions of the Association, gradually achieving financial autonomy to proactively develop the Association's cause;

6. To decide on financial and property matters of the Association;

7. To reward and discipline organizations under the Association and members in accordance with the Charter and state laws.

8. Has the right to establish subordinate units in accordance with the provisions of Vietnamese law.

Chapter III

MEMBERS

Article 10. Membership criteria

Vietnamese citizens who have achievements in activities related to collecting, researching, disseminating, and teaching folk culture and arts, agree with the Charter of the Association, and voluntarily join the Association may become members.

Article 11. Procedures for admitting members

1. The membership application file includes:

a) An application letter to join the Association, confirmed and introduced by two members. In places where there is a Branch, there must be a proposal letter from the Branch President.

b) A brief curriculum vitae (detailing the process and achievements in folk cultural and artistic activities) certified by the current workplace or local authority, accompanied by copies of all (or part if the number of pages is too large) articles and works on folk culture and arts that have been published.

2. Admission procedures:

In places where there is a branch, the branch reviews the application to join the Association and proposes to the Executive Board of the Association for admission. In places without a branch, the Executive Board reviews directly.

Article 12. Obligations of members

1. Actively contribute to preserving, promoting, and inheriting Vietnam's folk cultural and artistic heritage, strictly comply with state laws, follow the Charter, resolutions, programs, and work plans of the Association; actively participate in Association activities;

2. Cultivate and introduce new members;

3. Annually report to the Association on their professional activities;

4. Pay membership fees as prescribed;

5. Always be aware and take actions to expand the influence and enhance the reputation of the Association.

Article 13. Rights of members

1. Receive a membership card, receive assistance from the Association to conduct lawful activities related to collecting, researching, disseminating, and teaching folk culture and arts, and participate in annual awards of the Association;

2. Be eligible for nomination and election to leadership bodies of the Association; attend the General Assembly or be nominated and elected to attend the National Congress of Delegates of the Association, and introduce new members;

3. Enjoy material and spiritual benefits according to the organizational and operational regulations of the Association;

4. Have the right to criticize and question individuals in leadership positions and specialized agencies of the Association within the scope of organization, and request answers;

5. Have the right to submit a written request to suspend Association activities according to the prescribed procedures;

6. Members aged 70 and above may request the Executive Board to allow suspension of Association activities but still enjoy all member rights.

Chapter IV

ORGANIZATION OF THE ASSOCIATION

Article 14. Organization of the Association includes

1. Central Association

2. Branches are the grassroots organizations of the Association

The establishment of grassroots organizations of the Association is decided by the Executive Board and approved by state management agencies in accordance with the law.

3. Member Associations: Folk Art Associations in provinces and centrally-administered cities.

4. Association Office

5. Folklight Magazine

6. Center for Supporting and Developing Traditional Handicrafts

Article 15. Highest leadership body of the Association

1. The highest leadership body of the Association is the General Assembly or the National Congress of Delegates.

2. The National Congress consists of two levels: the Grassroots Congress and the National Congress of Delegates.

3. The term of the National Congress of Delegates is five years. An extraordinary congress can be convened if more than half of the members or three-quarters of the Executive Board members request it.

4. Main contents of the National Congress of Delegates:

a) Discuss and approve the Report on the results of the Association's work, the Report of the Inspection Committee, and the self-criticism report of the Executive Board during its term.

b) Discuss and approve the revised Charter (if any).

c) Set out tasks for the new term.

d) Elect the new Executive Board.

Article 16. Procedure for electing and removing delegates attending the National Congress

1. Delegates attending the National Congress of Delegates are official delegates.

2. Official delegates include elected delegates, natural delegates, and appointed delegates.

Elected delegates are those trusted by the Branch Congress or Member Association Congress. Each member may only participate in one Grassroots Congress where they are active and has the right to be listed for election. In cases where there are multiple candidates with equal votes and only one can be elected, the one with the longer membership duration will win.

Natural delegates include Executive Board members during the term.

The Executive Board appoints a certain number of official delegates to attend the National Congress, with the number of appointed delegates not exceeding 5% of the total number of delegates.

When there is a vacancy among official delegates, the Congress Organizing Committee or the Congress Chairperson decides to invite substitute delegates (in order of the number of votes for substitute delegates from the unit that the absent official delegate represents).

3. The number of National Congress delegates is allocated based on a common ratio (determined by the Congress Organizing Committee) based on the number of members in each Branch and Member Association.

4. Procedure for removing delegates: when the Delegate Qualification Inspection Committee discovers violations of delegate standards, the removal of delegate status is agreed upon by the Congress Chairperson and the Congress.

5. Official delegates have the right to speak, nominate, run for, and vote at the Congress.

Article 17. Executive Board of the Association

1. The Executive Board is the highest leading body of the Association between Congress sessions, operating under the principle of democratic centralism.

The Executive Board convenes regular meetings twice a year, and may also convene extraordinary meetings if more than half of the members request or if the Standing Committee convenes when necessary. The results of the Executive Board meetings must be reported to the grassroots organizations of the Association.

2. The Executive Board is responsible for leading the implementation of Congress resolutions, deciding on the program and budget of the Association annually, admitting and expelling members, rewarding and disciplining, assigning, supplementing, or relieving members of leadership bodies of the Association, establishing or recognizing the establishment of grassroots and specialized organizations of the Association.

3. Executive Board members are members who enthusiastically contribute to the cause of the Association, have professional expertise, credibility, capability, and conditions to manage Association work, elected by the Congress according to regulations. In addition to participating in collective leadership, each Executive Board member is assigned responsibility for specific tasks of the Association.

4. Procedure for electing the Executive Board: the Congress of Delegates elects the Executive Board through secret ballot. The number of Executive Board members is determined by the Congress.

5. During the term of office, if there is a vacancy among the members of the Executive Board, upon the proposal of the Chairman of the Association, the Executive Board shall be supplemented through secret ballot. The person to be supplemented must receive at least two-thirds approval from the members of the Executive Board. The number of members to be supplemented shall not exceed one-fourth of the total number of members of the Executive Board.

6. The removal of a member of the Executive Board or a member of the Standing Committee must be approved by at least two-thirds of the members of the Executive Board and must be immediately notified to all branch associations.

7. The procedure for electing the Chairman of the Association and other positions:

At the first meeting, the person with the highest number of votes has the right to convene the Executive Board to elect the Chairman. Subsequently, the Chairman will preside over the meeting to elect the Vice Chairmen, other members of the Standing Committee, and the Head of the Inspection Board.

Article 18. The Standing Committee of the Association

1. The Standing Committee is the permanent body of the Executive Board, consisting of the Chairman, one or two Vice Chairmen, and other members. The number of members of the Standing Committee is determined by the Executive Board. The supplementation or removal of a member of the Standing Committee must be approved by more than half of the members of the Executive Board through secret ballot.

2. The Standing Committee meets once every three months, responsible for managing all activities of the Association between sessions of the Executive Board. The organizational rules, operations of the Standing Committee, and division of labor within it are proposed by the Chairman of the Association and approved by the Executive Board.

The results of meetings of the Standing Committee must be reported to the members of the Executive Board.

Article 19. The Chairman of the Association

1. The Chairman of the Association is the head of the Association's organization, the legal representative of the Association responsible for overseeing all activities of the Association, approving Association documents.

2. The Chairman of the Association is elected by the Executive Board from among its members through secret ballot and must receive more than half of the votes cast.

3. The Chairman of the Association is the account holder of the Association, managing the Association's assets and finances.

4. The Chairman of the Association has the authority to delegate tasks to the Vice Chairmen or standing members of the Standing Committee to perform the duties of the Chairman within a defined scope and time limit.

5. The Vice Chairman of the Association carries out tasks assigned by the Chairman and is responsible to the Chairman for the management and results of the work assigned.

Article 20. The Inspection Board of the Association

1. The Inspection Board is responsible for inspecting the implementation of the Charter of the Association by the Executive Board, the Standing Committee, Association organs, subordinate units, and grassroots organizations of the Association, as well as investigating cases of violations of members' rights and responsibilities or encroachment on the Association's property.

If necessary, the Inspection Board may invite additional members to ensure the objectivity, truthfulness, and clarity of the work results.

2. The Inspection Board operates under the principle of democratic centralism, holding regular meetings once a year, and extraordinary meetings when necessary.

3. The Head of the Inspection Board of the Association is a member of the Executive Board elected by the Executive Board.

4. The number of members of the Inspection Board is determined by the Executive Board of the Association.

5. The procedure for electing other members of the Inspection Board;

The Head of the Inspection Board proposes a list of members who have high moral standards, administrative and legal capabilities, and are not members of the Executive Board, which is approved by the Executive Board through secret ballot.

Article 21. The Scientific Advisory Council

The Scientific Advisory Council of the Association consists of scientists with high professional qualifications and reputation, representing various fields of activity of the Association and related areas, invited by the Executive Board to advise on the Association's professional activities. The Chairman of the Association directly serves as the Chairman of the Scientific Advisory Council.

Article 22. Organization of Branch Associations

1. Branch Associations are grassroots organizations of the Association established in agencies and localities where there are three members of the Vietnam Folk Literature and Art Association or more. The establishment of branch associations follows the provisions of the law. In provinces and cities, voluntary branch associations of folk literature and art become members of the Federation of Literature and Art.

2. Branch Associations elect a Branch President, and if there are five members or more, they can elect a Branch Vice President; in cases with more members, they can elect an Executive Board to organize and manage the activities of the Branch Association.

3. In places where conditions for establishing a branch association are not yet met, members register to participate in the nearest branch association; in special cases, members can contact the Standing Committee directly for guidance on Association activities.

4. In provinces and centrally-administered cities, local folk literature and art associations may be established. The establishment of provincial and centrally-administered city folk literature and art associations (hereinafter referred to as "provincial") is carried out according to the provisions of the law. Provincial folk literature and art associations voluntarily become members of the Vietnam Folk Literature and Art Association and are subject to professional guidance from the Vietnam Folk Literature and Art Association. Provincial folk literature and art associations may issue their own charters, which must be approved by the Chairman of the Provincial People's Committee. These charters must not conflict with the charter of the Vietnam Folk Literature and Art Association.

Provincial folk literature and art associations may voluntarily become members of the provincial literary and artistic association, the provincial association of science and technology.

Chapter V

REWARDS AND DISCIPLINE

Article 23. Awards

Members, branch associations, member associations, and other organizations and bodies of the Association that achieve outstanding results in Association work and in the cause of preserving, promoting, and inheriting the traditional folk literature and art of the country are eligible for commendation and rewards by the Association in various forms, or may be recommended for rewards under the Law on Commendation and Reward. The regulations and forms of reward are decided by the Executive Board of the Association.

Article 24. Disciplinary Measures

Members, branch associations, member associations, and other organizations and bodies of the Association that violate the Charter of the Association are subject to disciplinary measures. The regulations and forms of discipline are decided by the Executive Board of the Association.

Chapter VI

ASSOCIATION FINANCES

Article 25. Sources of financial resources of the Association include

1. Membership fees contributed by members;

2. Self-owned funds generated from lawful service activities of the Association;

3. Financial and material donations from organizations and individuals both domestically and internationally;

4. State budget allocations and support;

5. Other income.

Article 26. Utilization of Association funds

1. To develop the cause of preserving, promoting, and inheriting the traditional folk literature and art of the country;

2. To pay salaries to staff and officials of the Association's Office;

3. To ensure the operation of the Executive Board, the Standing Committee, the Inspection Board, and the Association's organs;

4. To care for, nurture, and improve the spiritual and material life and professional competence of members.

Article 27. Management of assets and finances

1. The management and use of assets and finances of the Association shall be carried out in accordance with the regulations of the State.

2. In the event of the Association's dissolution, the disposal of assets and finances shall be carried out in accordance with the provisions of the law.

3. The Association shall be dissolved in the following cases: the Association dissolves itself or is compelled to dissolve by a competent state authority. The settlement of assets and finances of the Association upon dissolution shall be carried out in accordance with the provisions of the law.

Chapter VII

EFFECTIVENESS OF THE STATUTES AND AMENDMENTS TO THE STATUTES

Article 28. Amendment and Supplement to the Statutes

Only the General Assembly or the National Congress of the Vietnam Folk Arts Association has the right to amend or supplement the Association's Statutes.

Article 29. Effectiveness of the Statutes

This Statute consists of 7 Chapters and 29 Articles, which were adopted on May 27, 2005, in Hanoi, at the Fifth National Congress of the Vietnam Folk Arts Association, and became effective pursuant to the approval decision of the Ministry of Home Affairs./.