Quyết định 41/2004/QD-BNV

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.

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

Name: Vietnam Association of Manpower Supply, abbreviated to VAMAS (hereinafter called the Association for short).

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.

The Association is a voluntary organization of enterprises which are licensed for labor export activities, enterprises' attached units tasked to export labor under current law provisions (hereinafter called units attached to enterprises), a number of managers, organizations and individuals operating in domains related to Vietnam's labor export.

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.

Article 5.- The Association's tasks

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.

3. To join domestic and international organizations with objectives compatible to the Association's according to the State's regulations and international practice.

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.

The heads of enterprises, units attached to enterprises or organizations (general directors/directors) are the natural competent representatives.

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.

3. Apart from the above-prescribed rights, the full-fledged members are entitled to vote, to stand as candidates, to nominated and elect people to the Executive Committee as well as other organizations and positions of the Associations.

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.

The dossier of application for admission to the Association includes:

+ 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:

+ Seriously harming the Association's prestige.

+ 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.

· The executive committee,

· 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;

- To discuss the term-end review report and orientations for activities of the Association in its new term;

- 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.

5. The papers convening the congress or plenary conference must clearly state the agenda, time and venue thereof and be sent to all members at least two weeks before the meeting opens.

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:

- To elect and dismiss persons holding leading titles of the Association: the president, vice-presidents, the general secretary and the head of the Control Board.

- 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.

- To decide on the convention of congress or plenary conference.

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.

- To approve personnel for the Association's Office, to decide on the setting up of other organizations of the Association at the proposal of the general secretary.

- 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.

- To make annual and term-end reports of the Executive Committee.

- 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.

2. The Control Board has the tasks and powers:

- 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

1. The Association's revenues include:

- 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.

- Expenditure for international relation activities.

- 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.

Article 22.- Handling of assets, finance upon the Association's dissolution

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.

Chapter VIII

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