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Decision 41/2004/qd-Bnv: Approving The Charter Of The Association Of Labor Export Vietnam

Original Language Title: Quyết định 41/2004/QĐ-BNV: Về việc phê duyệt Điều lệ của Hiệp hội Xuất khẩu lao động Việt Nam

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The base order No. 102/SL-L004 on 20-5-1957 regulations on the right of Assembly;

Pursuant to Government Decree No. 45/2003/ND-CP dated 9-5-2003 the functions, duties, powers and organizational structure of the Ministry of the Interior;

Pursuant to Government Decree No. 88/2003/ND-CP dated 30 July 2003 Regulation on the Organization, operation and management of the Association;

Consider the proposal of the President of the Association of Labor export Vietnam and of the Director of the non-governmental organization, decision: article 1. Approval of the Charter the Association of Labor export Vietnam was founded 1st Congress on 7th April 2004 through.

Article 2. This decision takes effect 15 days from the date The report.

Article 3. President of the Association of Labor export, Vietnam Director of non-governmental organizations responsible for the implementation of this decision.

 

 

The Charter Association's labor export Vietnam (passed at the Congress established the society on 7/4/2004) chapter I GENERAL PROVISIONS article 1. Name: the name: the Association of Labor export Vietnam (hereinafter referred to as the Association) English name: "Vietnam Association of Manpower Supply", abbreviated as: VAMAS;

Its headquarters are located in the capital of Hanoi;

Address: No. 2 Bolt, hoan Kiem, Hanoi;

Phone number: 8 250653;

Fax: Email: 8 254728 depending on operational needs, the Association for permission to establish more branches, representative offices in some localities in the country according to the provisions of the law.

Article 2. Nature of the Association the Association of Labor export Vietnam is a social-professional organization, representing the rights and interests of the community of Labor export enterprises in Vietnam (a member of the Association), has legal personality, seal, self cover costs and are open Vietnam money account and foreign currency at the Bank on the territory of Vietnam.

The Association is non-governmental organization, operating under the statutes of the Association, in compliance with the laws of the State, was the sponsor and is subject to the governance of the Ministry of labor, invalids and Social Affairs.

The Association is a voluntary organization of business was to license the export of labor activity, the business units are charged with Labor export under the provisions of the current law (hereafter referred to as the subdivisions of enterprises), some managers, organizations and individuals active in the field related to the export of labor South.

 

Article 3. The purpose of the Association the purpose of the Association aims to coordinate, link activities of Labor export enterprises, the managers of Labor export activities, the authorities, organizations and individuals in the country and abroad interested in contributing, facilitating career development of Vietnam's labor exports; Active collection, motivational members enhance knowledge, research, proposed the solution of the problems in the field of Labor export, support each other effectively, create conditions for equal development members, protect the legitimate rights and interests of the members.

 

Chapter II PRINCIPLES of ACTIVITIES, tasks and POWERS of the ASSOCIATION article 4. Principle of operation 1. Voluntary, self-governed.

2. Equality.

3. Cover himself financially.

4. Be responsible before the law.

Article 5. The Mission of the Association 1. The membership guide, common implementation, policy, State law on labor exports.

2. To helping members improve performance labor exports, competitiveness, expand markets, improve the quality and effectiveness of social-economic. Support information about the labor market abroad, receptive conditions of labour, the customs, the laws of the receiving country's labor ...

3. Form, link form development and coordination of activities between the members on a voluntary basis and mutual benefit. The Organization of joint activities, facilitate mutual understanding, constructive relationship of cooperation, agreed between the members.

4. Mediation for disputes arising between businesses exporting labor, if required.

5. Protect the rights and legitimate interests, legitimate Association, Member. On behalf of the membership, reflected the aspiration, recommendations to the State party on matters related to the development of the field of Labor export.

6. the development organization, Association members; infrastructure, expand the scope of operations, to establish and develop international cooperation Association.

Article 6. Right of Association: 1. On behalf of the members of the comments build legal documents relating to the rights, obligation, lawful, legitimate interests of members.

2. In collaboration with the relevant organizations in the country and abroad to perform the objectives of the Association.

3. Join the domestic and international organizations have goals consistent with the Association as provided by the State and international practices.

 

Chapter III MEMBERSHIP article 7. Membership 1. Membership of the Association is the business to be licensed to operate Labor export, the subdivisions of businesses, some managers, organizations and individuals active in the field there pertaining to Vietnam's labor export, approved the Statute of the Association, please volunteer to join the Association.

2. Members of the Association include: a) membership: is Vietnam businesses are licensed to operate in the field of Labor export in accordance with current legislation, a number of officers belonging to the State Agency management was introduced. Business case charged with Labor export for subdivisions, not more than 2 (two) units are to join as members.

b) membership links: is the business venture or 100% foreign-owned operations in areas related to labor exports, have aspirations, please volunteer to join the Association. Affiliate members do not have voting rights issues of Association, are not nomination, nominated on the leadership of the Association.

c) Honorary Member: are the people who have the reputation, experience, has contributed positively to the society, the entire membership of Congress or Executive Committee of the Association. Honorary members have no voting rights, the Association's issues are not nomination, nominated on the leadership of the Association.

3. membership is the entity (business, subdivisions, business or organization) to be their representatives in the Association. The representative must have the authority to decide every issue, is stating the full name, position in the application for the Association. Case credentials, who was commissioned as the representative is authorized to decide and the Commission must take responsibility for the mandate. When changing the representative, the Member must notify in writing to the Executive Committee of the Association.

The head of the enterprise, subdivisions, business or organization (ceo/Director) is the authorized representative of course.

Article 8. Member's rights 1. Members enjoy the support and help of the Association include: protected member's legal rights.

Be timely provision of the necessary information relating to export labor. Provided the training services, consulting the information on issues relevant to the field of Labor export marketing organization of the Association.

Be participating in all activities organized by the Association.

Enjoy the support, the help of the institutions and foreign advocacy association.

Confidentiality of the information related to the profession.


2. membership is proposed through the Association of problems related to the State authorities and other organizations; have the right to discuss, questioned the organizations and individuals on all Association Executives, advocates the Association's activities.

3. In addition to the power specified on the official membership, voting, candidates, nomination and election of the people on the Executive Committee and other organizations, positions of the Association.

4. When joining the Association, membership remains the legal personality and initiative of the entity.

Article 9. Obligations of members 1. Implement strictly the rules and regulations of the Association, the resolutions of the General Assembly or the meeting of the Committee of the whole and the Association;

2. Participation in the activities of the Association;

3. Close the full premium, properly regulated;

4. Protect the reputation of the Association, not the name of the Association in the relationship, unless the Chairman of the Executive Committee of the Association assigned.

Article 10. Procedure for joining the Association 1. Business (business units) and the managers mentioned in paragraph 2a to article 7 above, voluntarily register to join the Association and to attend the founding Congress of Association are recognized as members of the Association.

2. After the date of the General Assembly established the Association, Labor export enterprises, the subdivisions of enterprises, managers, organizations and individuals active in the areas related to export labour to join the Association must submit to join the Association Office and recognized membership when at least 2/3 of Member of Board endorsed conduct enrollment.

Association records include: application for the Association;

Member declarations according to the prescribed form;

A copy of the decision established, active license of the State (for business and organizations);

Resumes of representative authority, attached 2 pictures 4 x 6 (for business and organizations).

3. membership dues to be paid within 15 days from the date of enrollment. The level of premium by the Congress or Conference the whole rules and can be adjusted to suit the actual situation.

4. The Executive Committee announced a list of new members for all members within 30 days from the date of the new members are admitted.

Article 11. The conditions and procedure for terminating the membership rights 1. Voluntary membership please withdraw from the Association must apply to the Executive Committee. The rights and obligations of membership will terminate after the Executive Board of notification of approval.

2. A member is expelled when it violates one of the following circumstances: a serious effect to the reputation of the Association.

Serious violation of this Statute and the rules of the Association.

No Assembly fees within 60 days, since the Association announced the second reminder.

Members with stubs unless there is at least 2/3 (two thirds) of the Executive Board of Commissioners approval. Expulsion of a member in force from the date of signing.

3. Business bankrupt, active license was revoked, individual membership association died or did not have the condition, the ability to participate in the activities of the Association or violation of the law are in time execution. The rights and obligations of membership ended after the Executive Committee announced.

4. The Executive Committee announced the list of members out of the Association for all other members within 15 days from the date of signing.

Chapter IV organization, MANAGEMENT and OPERATION of article 12. Organization, management and administration of the whole Congress Association conferences, membership, the Executive Committee, the President, the Vice President of the Association, the Board checked, General Secretary of the Association, the Office of the Association, including Association permanent Chairman, Vice Chairman and Secretary General.

Article 13. Congresses and conferences 1. The Congress is the highest authority of the Association. The Congress was held 3 years. Conferences are held each year in those years without the Congress.

2, the main tasks of the Congress: through the Charter; through the amendments, additional rules, discussed the report of the old term and new term of activity of the Association, discussed the suggestions the report reviewing the term of the Executive Committee and the Board of examination, discussion and approval: the old term of settlement and the financial planning Association's new term the election, the Executive Committee and the Board of examination, discussion and through resolutions of the General Assembly.

3. The main task of the Association Annual Conference: discussed the report summarizing the old year and the new year work plan of the Association.

Discussion and approval: the old year settlement and the financial planning Association's new year.

Discuss and vote on the matter by the Executive Committee, the Board member or test proposals.

4. The Executive Board may summon the Congress or extraordinary conferences to solve the urgent problems of the society when at least 2/3 (two thirds) of the total number of Member of the Executive Committee or at least 1/2 (part two) total members suggest.

5. the summons the Congress or conferences must specify the agenda, time and venue are sent to all members at least 2 weeks before the meeting.

6. The resolutions of the General Assembly or conferences can be passed by voting to be too 1/2 (part two) official delegates present. Each Member has one vote. In the case that could not attend the general meeting or conferences, the Member representative can be commissioned for other people as representatives as mentioned in paragraph 3 article 7. Voting form by the Congress or Conference decisions.

Article 14. The Executive Board 1. The Executive Committee is the leader of the association between two congresses.

2. The number of Member of the Executive Committee by the General Assembly for decision. The Executive Committee has a Chairman, 3-4 January Vice President and Secretary General.

3. The Executive Board elected form by the Congress decision. The list of nominated candidates and members must be through Congress. The Executive Committee's term is 3 years. Additional case replace the Member of the Executive Board in the number of Executive Board members have been through Congress, the Executive Committee was elected new Member of the addition by the Chair of the Association of the introduction.

4. The Executive Committee operates under regulation by the Executive Committee and through the building.

5. The Executive Board meeting at least twice a year according to the summons of the President of the Executive Board. The Executive Board meeting is considered valid when at least 2/3 (two thirds) of the total number of Executive Committee members to attend.

6. The decisions and resolutions of the Executive Board are adopted by voting and in effect when at least 2/3 (two thirds) of the total number of Commissioners Executive Committee attended the meeting.

7. The Executive Committee has the duty and authority: elections and dismissed the Association leadership positions: President, Vice President, Secretary General and head of inspection, selection, appointment and dismissal of the leadership titles of organizations established Association, decided the measures implementing the resolution of the General Assembly the decision of the plan or annual work programmes between the sessions of the Executive Board, through the planning and financial terms of the settlement and of the Association by the Secretary-General submitted to the plenary Conference or Congress, to solve the problems arising between congresses preparation, content, agenda and the documents of the Congress (extraordinary Congress) and annual conferences, specific provisions of the guidelines, regulations, management mode to use the Association's financial, organizational and operational regulations of the Office of the Association, decided to establish the institutions under article 19 of the Charter enrollment decisions, dismissed as the membership,


The decision to convene the Congress or Conference.

Article 15. The Chairman and Vice Chairman of the Association 1. Chairman of the Executive Board as Chairman, the Deputy Chairman of the Executive Committee and is the Vice Chairman of the Association.

2. The President of the Association has the powers and responsibilities: legal representation of the Association before the law, the owner of the account, financial management and property of the Association, the Organization implemented the resolutions of the General Assembly, the meeting of the whole and the decision of the Executive Committee, convened and chaired a meeting of the Executive Committee of the Association , decided to appoint, mission leader of the titles held by the association formed, responsible to the Executive Board and all members of the Association's activities, the approval of the personnel of the Office of the Association, decided to form another organization of association as proposed by the Secretary General , established the Subcommittee.

3. The Vice Chairman of the Association's work for the President, the President assigned to solve each problem-specific and could be delegated the job of operating the Executive Committee when the Chair is absent.

Article 16. General Secretary of the Association General Secretary elected by the Executive Committee, have the following powers and duties: represent the Office of the Association in relation to the daily transactions, the organization runs the daily operations of the Association Office, records management, document the transactions of the society, build the active regulation of the Office Regulation, financial management, assets of the Association, the Executive Board approved, the Executive Board reports periodically on the activities of the Association, Founded the annual report, the report of the Executive Board, mailing list manager, records and documents of the members and affiliated organizations , responsible to the Executive Committee and before the law on the activities of the Office of the Association.

Article 17. The Office of the Association 1. The Office of the Association operating under regulation by the Executive Committee to decide.

2. Organization of the Office of the Association by the Executive Committee for approval. The Office's personnel recruitment by the Council are the Chairman of the Executive Committee appointed and approved.

3. The staff of the Office who have the appropriate expertise, high responsibility, recruitment through public testing, work under the contract; during the time worked for the Association are not working for any organization, any other individual in the field of Labor export.

4. Funding for the annual activities of the Office by the Secretary General of the planned process of the Executive Board and annual conferences voted to ratify.

Article 18. Ban check 1. Checked by the Congress elected, have from 3 to 5 members. Ban check have the same term with the term of the Executive Committee.

2. the Board examined have duties and powers: check, supervise the observance of the Charter and the resolutions of the Association.

Check the financial activities of the Association under the current rules.

3. Head check was invited to the session of the Executive Committee of the Association.

4. the Board examined was the Association covered the costs directly related to the activities of the Board.

Article 19. Organizations and subdivisions can Association Association established a number of operational units, investment services ... The establishment of these units must comply with the provisions of the law.

Chapter V FINANCIAL and PROPERTY of the ASSOCIATION article 20. Finance and property of the Association 1. The revenues of the Association include: premium and annual premium is joined by the member contributions under the regulations.

Funding of organizations and individuals.

The revenues due to the activities of the Association created include: advertising, consulting services and ...

The other source of revenue.

2. The expenses of the Association: The Association's expenses to ensure the principle: the true purpose, savings, efficiency, proper financial regulation, including: Spending for the operation of the Office, the Executive Committee, examination Committee, Conference, Congress, money, office rental shops equipment.

Operational expenditure information, propaganda, the press, publishing.

Construction spending, equipment repair facility, work equipment.

Chi Leung, rewarded emulation.

Genus international relations activities.

Other expenses.

3. Based on the financial situation of the Association, the Executive Committee proposes the annual dues rate and through congresses or conferences.

4. The Executive Board regulation regulation on management, use of financial resources and assets of the Association, in accordance with the financial regulations of the State and must be reported publicly before the members at the general meeting or annual conferences.

5. Finance Association are examining Board evaluation and annual report to members.

Chapter VI DISSOLUTION article 21 ASSOCIATION. Association termination of activity in the following circumstances: 1. the free association dissolved as suggested by on 1/2 (part two) the total number of members.

2. The Association is dissolved due to continuous operation 12 months; When there is a resolution of the General Assembly on the dissolution of that association leaders fail; When the Association's activities in serious violation of the law.

Article 22. Solve the financial assets, when the association dissolved: 1. financial assets, due to domestic and foreign institutions, which the Association has full implementation of obligations the assets and the payment of the debt, the number of assets, financial balance remains due to the competent State agencies to decide.

2. for financial assets, source order of the society, that society has to fulfill the obligation of property and the payment of the debts after the dissolution of the self Association of financial balances, assets are allocated according to the resolution of the Association; the case of the Association is dissolved, the financial assets are allocated according to the decision of the Board of liquidation by the competent State agencies established.

 

Chapter VII REWARDS and DISCIPLINE to article 23. Rewarding.

Members, organizations and individuals who have outstanding achievements in contributing to the activity of the Association is the Association commended or suggested the Agency granted on merit.

Article 24. Discipline.

Members violating the Charter, resolutions of the Congress, acts affecting the prestige of the Association being disciplined by a in the form of reprimand, warning, foreclose or request processing before the law.

This form of discipline by the Executive Committee to decide.

Chapter VIII TERMS of ENFORCEMENT of article 25. All revise and supplement the Statute must be the General Assembly or conferences the Association agreed recommendations and was the Minister of the Interior of the new approval worth enforcing.

Article 26. The Charter comprises eight chapters and 26 articles, has been the founding Congress the Association through April 7, 2004 and effective from the date of enforcement is the Minister of the Interior for approval and permission released under the provisions of the law.