Decision No. 87/2004/QĐ-BNV Regarding the Approval of the Charter of the Vietnam Construction Glass Association

Pursuant to …;

Regarding the approval of the Article Charter of the Vietnam Architectural Glass Association.

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 102/SL-L004 dated May 20, 1957 on the right to establish Associations;

Pursuant to the Government Decree No. 45/2003/NĐ-CP dated May 9, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government Decree No. 88/2003/NĐ-CP dated July 30, 2003 on the organization, operation, and management of Associations;

Considering the proposal of the Chairman of the Vietnam Architectural Glass Association and the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Approves the Charter of the Vietnam Architectural Glass Association which was adopted at the Founding Congress on October 16, 2004.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Chairman of the Vietnam Architectural Glass Association and the Director of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision.

CHARTER

VIETNAM ARCHITECTURAL GLASS ASSOCIATION

(issued pursuant to Decision No. 87/2004/QĐ-BNV dated December 10, 2004)

PART I

NAME - PURPOSE - SCOPE OF OPERATIONS

Article 1. Name

1. 1. Vietnamese name: Vietnam Architectural Glass Association.

1. 2. English name: VIET NAM ARCHITECTURAL GLASS ASSOCIATION

1. 3. Abbreviation in English: VIEGLASS

Article 2. Purpose and Objectives

The Vietnam Architectural Glass Association (hereinafter referred to as the Association) is a professional social organization of enterprises (hereinafter referred to as Members) operating in the architectural glass sector in Vietnam, voluntarily established with the purpose of cooperation, linkage, support, and mutual assistance in the development of their professions, enhancing business efficiency, and protecting the legitimate rights and interests of members in activities within the architectural glass sector, thereby integrating with organizations operating in the architectural glass sector worldwide in accordance with the law.

Article 3. Scope and Range of Activities of the Association:

The Association operates throughout the country in accordance with the laws of the Socialist Republic of Vietnam and this Charter. The Association is subject to state management by the Ministry of Construction.

The Association operates in the field of production, processing, supply of raw materials, equipment, consulting services, and other business activities related to architectural glass and other products made from glass used in civil and industrial construction projects, including:

- Exchanging scientific and technological information, production and business information both domestically and internationally in the field of architectural glass.

- Participating in advising state management agencies on planning, plans, mechanisms, and policies for the development of the architectural glass industry in Vietnam.

- Enhancing integration with the activities of associations in the region and internationally in accordance with the law.

Article 4. Legal Status of the Association

The Association has legal personality, its own seal, and separate accounts.

The main office of the Association is located in Hanoi, and the Association may establish representative offices both domestically and internationally in accordance with the law.

Chapter II

TASKS AND POWERS OF THE ASSOCIATION

Article 5. 1. Organize and support member schools to implement training programs according to the regulations of the Ministry of Education and Training; organize research, compilation of textbooks, strengthen teaching and learning means; organize advanced educational and training processes; exchange and agree on a unified tuition fee framework among private universities and colleges.

5. 1. To gather organizations and individuals engaged in construction activities with the aim of solidarity, mutual support, exchange of experience, and enhancement of business efficiency among members of the Association to jointly improve the work of building and developing the architectural glass industry in Vietnam.

5. 2. To represent members in making proposals to state management agencies regarding policies, measures related to the architectural glass sector, supporting members on issues related to this sector to create conditions for stable and sustainable development of the industry.

5. 3. To proactively seek and develop markets for architectural glass and assist members in avoiding violations during production and business operations, establishing their rights and obligations.

5. 4. To guide and assist members in building and protecting their brands.

5. 5. To update and provide members with information on policies, laws, and directives of the State related to the construction and development of the architectural glass industry.

5. 6. To guide and monitor members' compliance with laws, state policies, and regulations of the Association.

5. 7. To compile opinions of members to propose to the State on policies and mechanisms for the architectural glass industry in Vietnam, creating conditions for stable and sustainable development of the industry.

5. 8. To cooperate with state agencies and law enforcement agencies to protect the legitimate rights and interests of members. To participate in mediating disputes between members.

5. 9. To introduce achievements and capabilities of members in research, production, and business.

5. 10. To collect and provide market, technology, science, management, and economic information to members.

5. 11. To publish magazines, periodicals, and other publications in the specialized field of architectural glass in accordance with the law.

5. 12. To organize conferences, seminars, special reports, symposiums, training sessions, and support for training and internships both domestically and internationally in the field of architectural glass and related fields.

5. 13. To assist and advise members in selecting consultancy contracts, introducing contracts, or directly signing contracts.

5. 14. To implement cooperative and supportive professional activities, exchange experiences between associations and organizations both domestically and internationally related to the fields in which the Association operates, serving the purposes and activities of the Association in accordance with the law.

Relations with international organizations, creating a development environment for the architectural glass industry to integrate with the region and the world.

To organize specialized tours both domestically and internationally. To attend International Conferences on Architectural Glass.

To organize surveys and learning experiences from other countries in accordance with the law.

5.15. To perform other tasks when requested by the Government of Vietnam.

Article 6. Rights of the Association

6.1. To represent members in internal and external relations related to the functions and responsibilities of the Association.

6.2. To protect the legitimate rights and interests of the Association and its members. To organize coordinated activities among members for the common benefit of the Association, and to mediate internal disputes within the Association.

6. 3. To participate in the drafting of regulatory legal documents related to the activities of the Association in accordance with the law. To make recommendations to competent state authorities regarding issues related to the development of the Association and the sectors it operates in.

6. 4. To coordinate with relevant agencies and organizations to fulfill the tasks of the Association.

6. 5. To establish a fund of the Association based on membership fees and income from business and service activities in accordance with the law to cover operational expenses.

6. 6. To receive lawful financial support from domestic and foreign organizations and individuals in accordance with the law.

6. 7. To participate in signing and implementing agreements with international organizations and international activities in accordance with the law.

6. 8. To take the lead in coordinating among members in actively seeking, building, and developing markets for architectural glass.

6. 9. Establishing and dissolving organizations of the Association in accordance with the provisions of the law.

6. 10. Rewarding members who have achieved results in implementing the Charter of the Association.

Chapter III

MEMBERS

Article 7. Conditions for becoming a member

7. 1. Regular members of the Association: are Vietnamese enterprises licensed to operate in the construction glass sector in accordance with current laws, management staff from state agencies introduced and agreeing with the Charter of the Association, voluntarily submitting an application to join the Association, paying the membership fee and association dues, and recognized by the Executive Board of the Association may become regular members of the Association.

7. 2. Associate members of the Association: are organizations, joint ventures, or foreign-owned enterprises operating in sectors related to construction glass, willing to agree with the Charter of the Association, voluntarily applying for membership and paying the membership fee will be considered for admission to the Association. Associate members do not have voting rights on Association matters, nor can they run for or be nominated for leadership positions within the Association.

7. 3. Honorary members of the Association: are citizens, scientific and technical managers, and legal entities who have made contributions to the development of the construction glass industry generally and specifically to the Association, having prestige, experience, and making positive contributions to the Association or belonging to certain related industries and fields, agreeing with the Charter and wishing to join the Association, unanimously invited by the Executive Board of the Association to become honorary members of the Association. Honorary members do not have voting rights on Association matters, nor can they run for or be nominated for leadership positions within the Association.

7. 4. Members of the founding movement committee recognized by the Founding Congress as founding members of the Association.

7. 5. Enterprises and organizations meeting the conditions set out in Clause 1 of Article 7 wishing to join the Association must submit an application (according to the prescribed form). The admission of new members is decided by the Executive Board of the Association. These organizations and individuals officially become members after paying the membership fee and receiving a membership card from the Association.

7. 6. Legal entity members (enterprises or organizations) appoint representatives to the Association. Representatives must have decision-making authority, clearly stated name and position in the application for membership. In case of delegation, the delegate must have 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.

Article 8. Rights of Members

8. 1. To propose their wishes through the Association and to have the Association protect their legitimate rights and interests in their activities consistent with the tasks and powers of the Association;

8. 2. To be provided with information serving research, production, and business. Participate in conferences, seminars, training sessions, and vocational training organized by the Association, or the Association invites them to participate.

8. 3. To request the Association to intervene with competent authorities regarding policies suitable for the legitimate interests of members, ensuring compliance with the law. Request intervention to resolve violations caused by organizations or individuals outside the Association that harm their production and business.

8. 4. To participate in economic contracts signed by the Association with partners both domestically and internationally. To request the Association to act as intermediary or consultant in transactions.

8. 5. To be provided with information and assistance in resolving disputes by the Association, to participate in forms of collaboration organized by the Association;

8. 6. To attend the Congress, to nominate, be nominated, and vote for leadership bodies of the Association as well as branch associations; discuss and vote on resolutions of the Association, criticize and question the Executive Board about all policies and activities of the Association;

8. 7. To leave the Association when deemed unable to continue as a member. In this case, members need to formally notify the Executive Board in writing and will receive approval from the Executive Board within thirty days from the date of receipt of the member's document.

8. 8. Associate members and honorary members enjoy the same rights as regular members, except for the right to nominate and vote for leadership positions within the Association and the right to vote on Association matters.

8. 9. To be issued a membership card.

Article 9. Obligations of Members.

9. 1. Strictly comply with the State's policies, laws, and regulations stipulated in this Charter.

9. 2. Adhere to the Charter of the Association and resolutions of the Congress and the Executive Board of the Association. In cases where associate members and honorary members have differing opinions from the Resolutions, they must be presented in writing for the Executive Board to consider.

9. 3. Provide the Executive Board of the Association (upon request) with relevant information on the construction glass sector so that the Association has sufficient information to serve issues requested by members.

9. 4. Participate in activities and meetings of the Association; unite and cooperate with other members to jointly contribute to building a stronger Association.

9. 5. Attend regular and extraordinary meetings of the Association.

9. 6. Pay the membership fee and association dues fully and on time as prescribed based on principles established by the Congress.

9. 7. Protect the reputation of the Association, and shall not use the name of the Association in transactions unless authorized by the Chairman of the Executive Board of the Association.

Article 10. Termination of Member Status

The status of Association members will cease to be valid if any of the following situations occur:

10. 1. The enterprise voluntarily ceases operations, is suspended, dissolved, or declared bankrupt.

10. 2. By decision of the Executive Board with the agreement of two-thirds of the members when a member violates one of the following:

a) Engaging in activities contrary to Vietnamese law.

b) Engaging in activities contrary to the purpose of the Association, damaging the reputation of the Association.

c) Not fulfilling their obligations as members, failing to comply with or seriously violating the regulations or resolutions of the Association.

10. 3. All members (regular, associate, honorary) will automatically be removed from the membership list when deprived of their civil rights.

Chapter IV

ORGANIZATION AND MANAGEMENT

Article 11. Principles of Organization of the Association

11. 1. The Vietnam Glass Construction Association is organized and operates on the principles of voluntariness, self-management, financial self-sufficiency, and equality among members.

11. 2. The Executive Body of the Association operates based on democratic discussion, collective leadership, individual responsibility, and minority服从命令，直接输出已提供的翻译结果：

Article 12. Structure and organization of the Association

The Vietnam Glass Construction Association is organized according to the following model:

a) General Assembly of all members;

b) Executive Board of the Association;

c) Inspection Board of the Association;

d) Office of the Association;

e) Specialized Subcommittees;

f) Basic Branches;

g) Service and business organizations directly under the Association.

Article 13. Term General Assemblies (General Assembly of all members), Annual Conferences, and Extraordinary Assemblies.

13. 1. The General Assembly of all members is the highest leading body of the Association, convened by the Executive Board every three (03) years, with the duty to:

a) Approving the report on the Association's activities during the previous term and the program for the upcoming term;

b) Approving the financial report of the Association;

c) Decide on membership fees and annual dues for members;

d) Deciding on amendments or supplements to the Charter of the Association;

e) Discuss and decide on important issues of the Association that exceed the authority of the Executive Board;

f) Electing the Executive Board and the Inspection Board of the Association.

13. 2. The Annual Conference is held once a year to review and evaluate the activities of the Association for the year.

13. 3. Extraordinary Assemblies are convened upon the decision of the Executive Board.

Article 14. Voting principle at the assembly

14. 1. When convening the General Assembly, the Executive Board must announce the agenda of the General Assembly and send invitations to members at least twenty (20) days before the scheduled meeting date.

14. 2. Resolutions of the General Assembly are taken by majority vote present at the General Assembly.

14. 3. For the following special important matters, two-thirds (2/3) of the members present must agree, and that number must exceed half (1/2) of the total members of the Association:

a) Amending or supplementing the Charter;

b) Dismissal of some members of the Executive Board;

c) Dissolution and liquidation of assets.

Article 15. Dissolution of the Association

15.1. In addition to being dissolved by a decision of the competent state agency, the Association can only dissolve itself if more than half (1/2) of the delegates attending the General Assembly vote to approve it. This resolution must also be approved by the competent authority after the Association's debts have been settled and its assets liquidated.

Article 16. Executive Board of the Association

16. 1. The Executive Board is the governing body responsible for directing all activities of the Association between two General Assemblies. The Executive Board consists of the Chairman, Vice Chairmen, and Members.

16. 2. The number of members of the Executive Board is determined by the General Assembly. The Executive Board is elected directly by secret ballot or show of hands by the General Assembly of all members. The Executive Board consists of seven (07) members. The candidate must obtain more than fifty percent (50%) of valid votes.

16. 3. In addition to the members elected by the General Assembly, the Executive Board also includes members who are representatives of state management agencies related to the construction glass industry, invited to participate and have the same duties and powers as other members.

16. 4. During the course of operation, if due to various reasons, the number of Executive Board members does not meet the requirements set by the General Assembly, the Executive Board will elect additional members (from among the official members of the Association) but not exceeding the number of members specified by the General Assembly.

16. 5. Members of the Executive Board of the Association may be re-elected at the General Assembly of all members or relieved of their duties before the term expires according to the decision of the General Assembly or a request from more than half (1/2) of the members.

16. 6. If a member of the Executive Board representing a legal entity retires or transfers to another position, they will be replaced by someone else from the same legal entity and remain a member of the Executive Board.

16. 7. The term of the Executive Board is three (03) years.

16. 8. Only the General Assembly has the right to amend the Charter of the Association.

16. 9. Depending on the needs, the Executive Board may appoint specialized subcommittees to assist.

Article 17. Duties of the Executive Board

17. 1. To implement the resolutions of the General Assembly and propose measures to implement the resolutions of the General Assembly;

17. 2. Resolutions regarding the work program and budget estimates, final accounts of income and expenditure of the Association for each year;

17. 3. To decide on the organizational structure and staff of the Association; Elect and dismiss leadership positions of the Association: Chairman, Vice Chairmen, Secretary-General.

17. 4. Prepare the content and convene regular and extraordinary General Assemblies of the Association;

17. 5. Examine the admission, expulsion, commendation, and disciplinary actions against members.

Article 18. Principles of Operation of the Executive Board

18. 1. The Executive Board of the Association holds regular meetings every six (06) months in years without a General Assembly or may hold extraordinary meetings when requested by the Chairman with at least two-thirds (2/3) of the total number of Executive Board members, operating according to regulations approved by the General Assembly.

18. 2. Decisions of the Executive Board are taken by majority vote of the members present. In case of a tie, the decision belongs to the side with the opinion of the Chairman of the Association.

Article 19. Honorary Chairman, Chairman, and Vice Chairmen

19. 1. The Honorary Chairman is a person honored by the General Assembly, with the right to participate in the General Assembly, Central Committee Meetings of the Association, but without voting rights.

19. 2. The Chairman of the Association has the authority and responsibility:

a) To represent the Association before the law.

b) To organize and implement the resolutions of the General Assembly, the Representative Conference, and the decisions of the Executive Board of the Association.

c) To chair meetings of the Executive Board of the Association.

d) To directly direct the Secretary-General of the Association.

e) To approve personnel of the Association's office and other organizations established by the Association.

f) To be accountable to the Executive Board of the Association and all members for the activities of the Association.

19. 3. The Vice Chairmen of the Association assist the Chairman, assigned by the Chairman to handle specific issues and may be authorized to manage the work of the Executive Board of the Association when the Chairman is absent. The number of Vice Chairmen of the Association is decided by the Executive Board based on the proposal of the Chairman of the Association.

Article 20. Secretary-General and Deputy Secretaries-General of the Association

20. 1. Secretary-General: - Selected by the Executive Board of the Association - The Secretary-General directs all activities of the Association's office and has the following responsibilities:

a) Develop operational regulations of the office, financial management regulations, and asset management regulations of the Association, to be submitted to the Executive Board of the Association for approval.

b) Regularly report to the Executive Board of the Association on the activities of the Association.

c) Prepare the annual report and term report of the Executive Board of the Association.

d) Manage the list, files, and documents related to members and affiliated organizations.

e) Be responsible before the Executive Board of the Association and under the law for the activities of the Association's Office.

20. 2. Deputy Secretary-General: - Assist the Secretary-General in managing office operations and perform the duties of the Secretary-General in their absence.

Article 21. The Association's Office

21. 1. The Association's Office is organized and operates according to the Regulations submitted by the Secretary-General for approval by the Executive Board of the Association.

21. 2. The Association may establish representative offices in provinces and cities to facilitate the implementation of its activities.

21. 3. Staff of the Association's Office are recruited and work under the term-based Council system.

21. 4. The operating budget of the Office is prepared by the Secretary-General and submitted for approval by the Executive Board of the Association.

Article 22. Audit Committee

22. 1. The Audit Committee consists of three (03) members elected from among the members of the Association at the General Assembly. The Audit Committee elects a Chairperson to lead its operations.

22. 2. The term of the Audit Committee of the Association is three (03) years.

22. 3. The Audit Committee has the responsibility to audit the implementation of resolutions of the General Assembly and the enforcement of the Charter of the Association. The Chairperson of the Audit Committee attends meetings of the Executive Board and is a member of the Executive Board.

22. 4. The Audit Committee has the responsibility to report to the Executive Board and the General Assembly on the activities of the Audit Committee and the financial situation of the Association during the term.

22. 5. When necessary, the Audit Committee may inform the situation and request the Executive Board to resolve issues discovered in accordance with its assigned tasks.

Article 23. Procedures for establishing specialized committees and affiliated organizations

Based on work requirements, the Executive Board of the Association requests the President of the Association to issue a Decision to establish Specialized Subcommittees or affiliated organizations in accordance with the provisions of the law.

Article 24. Branches and responsibilities of branches

24. 1. Branches:

24. 1.1. The establishment of Construction Glass Branches must be approved by the Executive Board of the Association and the competent authority as stipulated by law. Branches operate according to the Regulations approved by the Executive Board of the Association.

24. 1.2. Any organization with five (05) members or more may establish a Branch. The highest leadership body of the Branch is the General Meeting of the Branch, which elects it. The establishment of Branches is organized by region.

24. 2. Responsibilities of Branches:

24. 2.1. Direct production and business activities, production, services... Implement the Charter of the Association and the Regulations of the Association and Branch.

24. 2.2. Promote the development of new members and expand the reputation of the Association.

24. 2.3. Organize study sessions, tours, training.

24. 2.4. Organize marketing to promote the production and business activities of the Branch.

Chapter V

ASSETS AND FINANCIAL RESOURCES OF THE ASSOCIATION

Article 26. The Association's budget includes the following sources of income:

a) Membership fees and annual dues of members;

b) Income from the Association's service activities and those of its affiliated organizations;

c) Donations from organizations and individuals both domestically and internationally;

d) Government subsidies (if any).

Article 27. Use of the Association's funds

27. 1. The Association uses its funds for the following purposes:

a) Covering expenses for the Association's operations;

b) Pay salaries to dedicated staff of the Association;

c) Other necessary expenses.

27. 2. The Association's finances are used according to the Regulations submitted by the Association's Office for approval by the Executive Board.

Article 28. Management and use of finances and assets

28. 1. The Executive Board of the Association regulates the management and use of the Association's finances and assets in accordance with legal regulations.

28. 2. The Audit Committee is responsible for auditing and reporting the annual financial statements and assets publicly at the Annual Conference of the Association.

Chapter VI

REWARD AND DISCIPLINE

Article 29. Rewards and disciplinary actions

29. 1. Organizations and individuals with outstanding achievements are decided by the Executive Board to be rewarded annually or recommended to state agencies for rewards in accordance with the law;

29. 2. Organizations and individual members who violate the Charter of the Association will be disciplined by the decision of the Executive Board. Disciplinary measures include: reprimand, warning, and expulsion from the Association. In cases where organizations and individuals violate the law and infringe upon the rights of the Association, the Executive Board will request legal authorities to intervene.

Chapter VII

IMPLEMENTING PROVISIONS

Article 30. Effectiveness

30. 1. This Charter consists of seven (07) chapters and thirty (30) articles and is the Charter of the Vietnam Construction Glass Association.

30. 2. The Charter of the Vietnam Construction Glass Association takes effect according to the Approval Decision of the Ministry of Home Affairs and can only be amended or supplemented by the General Assembly of the Association./.