|
THE
MINISTRY OF HOME AFFAIR
-------------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
--------------
|
|
No.
41/2004/QD-BNV
|
Hanoi,
May 21, 2004
|
DECISION
APPROVING THE CHARTER OF THE VIETNAM ASSOCIATION OF MANPOWER
SUPPLY
THE
MINISTER OF HOME AFFAIRS
Pursuant to Decree No.
102/SL-L004 of May 20, 1957 defining the right to set up associations;
Pursuant to the Government's Decree No. 45/2003/ND-CP of May 9, 2003 defining
the functions, tasks, powers and organizational structure of the Ministry of
Home Affairs;
Pursuant to the Government's Decree No. 88/2003/ND-CP of July 30, 2003 defining
the organization, operation and management of associations;
At the proposals of the president of Vietnam Association of Manpower Supply and
the director of the Department for Non-Governmental Organizations,
DECIDES:
Article 1.-
To approve the Charter of Vietnam Association of Manpower Supply, which was
adopted by its founding congress on April 7, 2004.
Article 2.-
This Decision takes effect 15 days after its publication in the Official
Gazette.
Article 3.-
The president of Vietnam Association of Manpower Supply and the director of the
Department for Non-Governmental Organizations shall have to implement this
Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR THE MINISTER
OF HOME AFFAIRS
VICE MINISTER
Dang Quoc Tien
CHARTER
OF VIETNAM ASSOCIATION OF MANPOWER SUPPLY
(Adopted
at the founding congress of the Association on April 7, 2004)
Chapter I
GENERAL PROVISIONS
Article
1.- Name
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Its head-office is located in
Hanoi capital.
Address: 2 Dinh Le street, Hoan
Kiem district, Hanoi city.
Telephone number: 8250653
Fax: 8254728
Email:
Depending on its operation
demand, the Association shall apply for the establishment of its representative
offices, branches in a number of localities in the country according to law
provisions.
Article
2.- The Association's nature
Vietnam Association of Manpower
Supply is a socio-professional organization, representing the rights and
interests of the community of Vietnamese labor export enterprises (members of
the Association), has the legal person status, its own seal, self-finances its
expenditures and is entitled to open Vietnam-dong and foreign-currency accounts
at banks operating in the Vietnamese territory.
The Association is a
non-governmental organization, operating under its Charter, abiding by the
State's laws, being sponsored and subject to the State management by the
Ministry of Labor, War Invalids and Social Affairs.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
3.- The Association's purposes
The Association's purposes are
to coordinate and associate activities of labor export enterprises, labor
export managers, concerned agencies, domestic and foreign organizations and
individuals contributing to, and creating conditions for, the development of
Vietnam's cause of labor export; to mobilize, rally, encourage members to raise
their knowledge about, to study and propose solutions to problems in, the labor
export domain, to support one another efficiently; to create conditions for
members to develop on an equal footing, to protect the legitimate rights and
interests of its members.
Chapter II
OPERATION PRINCIPLES, TASKS AND POWERS OF THE
ASSOCIATION
Article 4.-
Operation principles
1. Voluntariness,
self-management.
2. Equality.
3. Self-financing.
4. Being answerable to law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. To disseminate the State's
undertaking, policies and law on labor export to its members and guide the
implementation thereof.
2. To assist members in raising
their efficiency in labor export activities, competitiveness, in expanding the
market, raising quality and socio-economic efficiency. To support in
information on foreign labor markets, conditions for reception of labor,
customs, practices and law of labor-receiving countries, etc.
3. To formulate and develop
forms of association and coordination of activities among the members on the
basis of voluntariness and mutual benefit. To organize common activities,
creating conditions for mutual understanding and building the relationships of
cooperation and consensus among members.
4. To reconcile disputes arising
among labor export enterprises, if so requested.
5. To protect the legitimate
rights and interests of the Association and its members. To represent members
in expressing aspirations and proposals to the Party and the State on matters
related to the development of labor export domain.
6. To organizationally develop
the Association, its membership; material foundations, to expand its operation
scope, to establish and develop international cooperation of the Association.
Article 6.-
The Association's rights
1 To represent its members in
contributing opinions to the elaboration of legal documents relating to the
legitimate rights and interests of its members.
2. To coordinate with the
concerned domestic and foreign agencies in order to achieve the Association's
objectives.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter
III
MEMBERS
Article 7.-
Members
1. The Association's members are
enterprises licensed for labor export activities, units attached to
enterprises, a number of managers, organizations and individuals operating in
domains related to Vietnam's labor export, that accept the Association's
Charter and voluntarily join the Association.
2. The Association's members
include:
a) Full-fledged members: being
Vietnamese enterprises licensed for operation in the labor export domain
according to current law provisions, a number of recommended managerial
officials of State bodies. Where an enterprise assigns the task of labor export
to its attached units, not more than two units shall be entitled to join the
Association as its members.
b) Associated members: being
joint-venture enterprises or enterprises with 100% foreign capital, which
operate in domains related to labor export, wish and voluntarily apply to join
the Association and are not entitled to vote on matters of the Association, to
stand as candidates or to be nominated to the leading positions of the
Association.
c) Honorable members: being
people who have prestiges and experiences, make positive contributions to the
Association, are recognized by the congress of the entire members or the
Executive Committee of the Association. Honorable members are not entitled to
vote on matters of the Association, to stand as candidates, to be nominated to
leading positions of the Association.
3. Members being legal persons
(enterprises, attached units of enterprises or organizations) may appoint their
representatives at the Association. The representatives must have competence to
decide on all issues, to have their full names and positions inscribed in the
application for admission into the Association. In case of entrustment, the
persons entrusted to act as representatives must be fully competent to make
decisions and the entrusters must bear responsibility for such entrustment.
Upon the change of representatives, members must notify such in writing to the
Executive Committee of the Association.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 8.-
Members' rights
1. Members enjoy the
Association's support and assistance, including:
- The protection of their
legitimate interests.
- The timely supply of necessary
information related to labor export.
- The provision of services on
training, consultancy, information on matters related to labor export marketing
organized by the Association.
- Their participation in all
activities organized by the Association.
- The support and assistance of
domestic and foreign organizations mobilized by the Association.
- The confidentiality of
information related to their operations.
2. Members are entitled to
propose through the Association matters related to State bodies and other
organizations; to discuss, question organizations and individuals administering
the Association about its undertakings, activities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. When joining the Association,
members still retain their legal person status and the autonomy of the legal
persons.
Article 9.-
Members' obligations
1. To strictly observe the
Charter and regulations of the Association, the resolutions of the Congress or
plenary conference and of the Executive Committee of the Association;
2. To participate in the
Association's activities;
3. To pay membership fee fully
and according to regulations;
4. To protect the Association's
prestige, not to act in the Association's name in transaction relations, except
when so assigned by the president of the Executive Committee of the
Association.
Article
10.- Procedures for joining the Association
1. Enterprises (units attached
to enterprises) and managers mentioned at Items 2a of the above Article 7, that
voluntarily register the participation in the Association and attend the
Association-founding congress, are all recognized as members of the
Association.
2. After the
Association-founding congress, the labor export enterprises, units attached to
enterprises, managers, organizations and individuals operating in labor
export-related domains, that wish to join the Association, must file their
dossiers of admission application at the Association's Office and shall be
recognized as members when at least two-thirds of the Executive Committee members
approve their admission.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
+ The application for admission
to the Association;
+ The member's declaration made
according to a set form;
+ The notarized copies of the
founding decision, operation license (for enterprises and organizations);
+ The curriculum vitae of the
competent representative, enclosed with 2 photos of 4cm x 6cm size (for
enterprises and organizations).
3. Members must pay membership
fee within 15 days after they are admitted. The membership fee levels are
prescribed by the congress or the plenary conference and can be adjusted
annually to suit the practical situation.
4. The Executive Committee shall
notify the list of new members to all members within 30 days, as from the date
such new members are admitted.
Article
11.- Conditions and procedures for termination of membership rights
1. Members who voluntarily apply
to withdraw from the Association must file their applications to the Executive
Committee. The members' rights and obligations shall terminate after the
Executive Committee issues notices on the approval thereof.
2. Members shall be expelled
when committing one of the following violations:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
+ Seriously violating this
Charter and regulations of the Association.
+ Failing to pay membership fee
within 60 days after the Association issues the second warning notice.
Members are expelled when at
least two-thirds of the Executive Committee members so approve. The expulsion decisions
take effect from the dates of their signing.
3. Enterprises which go bankrupt
or have their operation licenses withdrawn, individuals being members who have
died or have no conditions and capability to participate in activities of the
Association or violate laws and are in the period of serving judgments, shall
have their members' rights and obligations terminated after the Executive
Committee issues notices thereon.
4. The Executive Committee
notifies the list of members expelled from the Association to all other members
within 15 days after their signing.
Chapter IV
ORGANIZATION, MANAGERIAL AND EXECUTIVE APPARATUS
Article
12.- Organization, managerial and executive appratus of the Association
· The plenary congress, the
plenary conference of members.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
· The president and
vice-presidents of the Association,
· The Control Board,
· The general secretary of the
Association,
· The Office of the Association.
· The standing body of the
Association consists of the president, vice- presidents and general secretary
of the Association.
Article
13.- Congress and plenary conference
1. The Congress is the
supreme-power body of the Association. It is organized once every three years.
The plenary conference is organized once every year when the Congress is in
recess.
2. The principal tasks of the
Congress:
- To adopt the Charter, the
amendment and supplementation thereof;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To discuss and comment on the
term-end review report of the Executive Committee and the Control Board;
- To discuss and approve the
term-end settlement and the new-term financial plan of the Association;
- To elect the Executive
Committee and the Control Board;
- To discuss and adopt the
Congress's resolutions.
3. The principal tasks of the
annual plenary conference:
- To discuss the year-end review
report and new-year working plan of the Association;
- To discuss and approve the
year-end settlement and the new-year financial plan of the Association;
- To discuss and vote on matters
put up by the Executive Committee, the Control Board or members.
4. The Executive Committee may
convene an extraordinary congress or a plenary conference to settle urgent issues
of the Association when it is so proposed by at least two-thirds of the total
number of the Executive Committee members or at least half of the total number
of the full-fledged members.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
6. The resolutions of the
congress or the plenary conference shall be adopted if they are voted for by
more than half of the number of the full-fledged members. Each full-fledged
member has one vote. In cases where they cannot attend the congress or the
plenary conference, the members' representatives may entrust others to act as
representatives as mentioned in Clause 3, Article 7. The form of voting shall
be decided by the congress or the conference.
Article
14.- The Executive Committee
1. The Executive Committee is
the leading body of the Association between two congresses.
2. The number of the Executive
Committee members shall be decided by the congress. The Executive Committee is
composed of 1 president, 3 or 4 vice presidents and 1 general secretary.
3. The form of Executive
Committee election shall be decided by the congress. The list of nominees and
candidates must be approved by the congress. The Executive Committee's term of
office is three years. In case of additional replacement of Executive Committee
members within the number of Executive Committee members, already adopted by
the congress, the Executive Committee may additionally elect new members
recommended by the Association's president.
4. The Executive Committee
operates according to the Regulation it has elaborated and adopted.
5. The Executive Committee meets
at least twice a year under the summon of its president. The Executive
Committee's sessions shall be considered valid when they are attended by at
least two-thirds of the total number of the Executive Committee members.
6. The Executive Committee's
decisions and resolutions shall be adopted and take effect when they are voted
for by at least two-thirds of the total number of the attending members of the
Executive Committee.
7. The Executive Committee has
the tasks and powers:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To select, appoint and dismiss
persons holding leading titles of the organizations set up by the Association.
- To decide on measures for
realization of the congress's resolutions.
- To decide on working program
every year or between sessions of the Executive Committee.
- To adopt annual and term plans
and financial settlements of the Association, which are submitted by the
general secretary for further submission before the plenary conference or the
congress.
- To settle matters arising
between congresses.
- To prepare contents, agenda
and documents for submission to the congress (including extraordinary congress)
and the annual plenary conference.
- To specify the principles,
managerial regime, regulation for use of the finance of the Association, the
Regulation on organization and operation of the Office of the Association.
- To decide on the setting up of
organizations under Article 19 of this Charter.
- To decide on admission, dismissal
of members.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
15.- President and vice-presidents of the Association
1. The president of the
Executive Committee is concurrently the president of the Association, the
vice-presidents of the Executive Committee are concurrently the vice-presidents
of the Association.
2. The Association president has
the powers and responsibility:
- To represent the Association's
legal person before law.
- To hold the accounts, to
manage finance and assets of the Association.
- To organize the implementation
of the resolutions of the congress and the plenary conference and the decisions
of the Executive Committee.
- To convene and preside over
meetings of the Association's Executive Committee.
- To sign decisions on
appointment, dismissal of persons holding leading positions of the
organizations set up by the Association.
- To be answerable to the
Executive Committee and the entire members for the activities of the
Association.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To set up professional
sub-sections.
3. The vice-presidents of the
Association are assistants to the president and assigned by the president to
settle specific matters and may be authorized to administer affairs of the
Executive Committee when the president is absent.
Article
16.- The general secretary of the Association
The general secretary is elected
by the Executive Committee, having the following tasks and powers:
- To represent the Association's
Office in daily transaction relations.
- To organize and run daily
activities of the Association's Office.
- To manage transaction dossiers
and documents of the Association.
- To formulate working
regulations of the Office, the regulation for management of finance and assets
of the Association and submit them to the Executive Committee for approval.
- To periodically report to the
Executive Committee on activities of the Association.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To manage the lists of,
dossiers and documents on, members and attached organizations.
- To be answerable to the
Executive Committee and law for activities of the Association's Office.
Article
17.- The Association's Office
1. The Association's Office
operates under the regulation decided by the Executive Committee.
2. The organizational apparatus
of the Association's Office shall be approved by the Executive Committee. The
Office's personnel shall be selected by the Recruitment Council appointed and
approved by the Executive Committee president.
3. The Office's staff members
must possess suitable professions, have high sense of responsibility, be recruited
through open examinations and work under contracts; while working for the
Association, they must not work for any other organizations or individuals in
the labor export domain.
4. The annual funding for
operation of the Office shall be estimated by the general secretary and
submitted to the Executive Committee for approval and to the annual plenary
conference for ratification through voting.
Article
18.- The Control Board
1. The Control Board is elected
by the Congress, and composed of 3 to 5 members. Its term of office corresponds
to that of the Executive Committee.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To examine and supervise the
observance of the Charter and resolutions of the Association.
- To examine the financial
activities of the Association according to current regulations.
3. The Control Board head shall
be invited to attend sessions of the Association's Executive Committee.
4. The Control Board shall be
paid for all expenses directly related to its activities.
Article
19.- Organizations and units attached to the Association
The Association may set up a
number of service and consultancy units. The setting up of these units must
comply with law provisions.
Chapter V
FINANCE AND ASSETS OF THE ASSOCIATION
Article
20.- Finance and assets of the Association
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The admission fees and yearly
dues contributed by members according to regulations.
- Financial assistance of
organizations, individuals.
- Revenues generated from the Association's
activities including advertisement, consultancy services, etc.
- Other revenue sources.
2. The Association's
expenditures: The Association's expenditures must comply with the principles:
for right purposes, thrift, efficiency, compliance with financial regulations,
including:
- Expenditure for operations of
the Office, the Executive Committee, the Control Board, the conference, the
congress, the office rentals, the procurement of equipment.
- Expenditure for information,
propaganda, press, publishing activities.
- Expenditure for construction,
equipment, repair of material foundations, working facilities.
- Expenditure for wages,
emulation rewards.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Other expenditures.
3. Based on the annual financial
situation of the Association, the Executive Committee shall propose the yearly
due levels to the Congress or the plenary conference for approval.
4. The Executive Committee
adopts the regulation on management and use of financial sources and assets of
the Association in conformity with the State's general financial regulations,
which must be reported openly before members at the Congress or the annual
plenary conference.
5. The Association's finance
shall be evaluated and reported annually to the members by the Control Board.
Chapter VI
DISSOLUTION OF ASSOCIATION
Article
21.- The Association shall terminate its operation in the following cases:
1. The Association dissolves by
itself at the proposals of over half of the total number of full-fledged
members.
2. The Association dissolves due
to its operation interruption for 12 months; when the Congress adopts a
resolution on the dissolution, which is not abided by the Association's
leadership; when the Association's activities seriously violate laws.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Regarding the assets, finance
donated by domestic and foreign organizations, if the Association has fulfilled
all property obligations and paid all debts, the remaining assets and finance
shall be decided by competent State bodies.
2. Regarding assets and
financial sources acquired by the Association itself, if the Association has
fulfilled all property obligations and paid all debts, the remaining assets and
financial sources shall be distributed according to the Association's
resolution after its self-dissolution; where the Association is subject to
dissolution, such assets and financial sources shall be distributed according
to decisions of the Liquidation Board set up by competent State body.
Chapter
VII
COMMENDATION AND DISCIPLINE
Article
23.- Commendation
Members, organizations and
individuals that record outstanding achievements contributing to activities of
the Association shall be commended/rewarded by the Association or proposed by
the Association to the superior agency for commendation/reward.
Article
24.- Discipline
Members who violate the Charter,
the Congress's resolutions or commit acts affecting the Association's prestige
shall be disciplined in form of reprimand, caution, expulsion or be handled
according to law.
The disciplinary forms shall be
decided by the Executive Committee.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
IMPLEMENTATION PROVISIONS
Article
25.- All amendments and supplements to this Charter must be proposed by the
Congress or the plenary conference of the Association and approved by the
Minister of Home Affairs before they are valid for implementation.
Article
26.- This Charter includes 8 chapters with 26 articles, which was adopted
by the Association-founding congress on April 7, 2004 and is permitted for
circulation under law provisions