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315/ttg Decision: On The Ratification Of The Charter (Revised) Chamber Of Commerce And Industry Of Vietnam

Original Language Title: Quyết định 315/TTg: Về việc phê chuẩn Điều lệ (sửa đổi) Phòng Thương mại và Công nghiệp Việt Nam

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The PRIME MINISTER'S DECISION on the ratification of the Charter (revised) Vietnam Chamber of Commerce and industry of the PRIME MINISTER pursuant to the law on Government Organization, 30 September 1992;
The report reviews the results of National Congress of Vietnam Chamber of Commerce and industry of the third on 28 and 29 March 1997;
According to the recommendation of the Minister, head of the Organization-Government officials, decision: article 1. Ratified the Charter (revised) Chamber of Commerce and industry of Vietnam by the National Congress of Vietnam Chamber of Commerce and industry the third passed on 29 March 1997 (full text attached to this decision).
Article 2. This decision takes effect 15 days from the date of signing and replaces decision No 203/TTg dated 27 April 1993.
Article 3. Chairman of the Vietnam Chamber of Commerce and industry, Minister, head of the Organizing Committee – Government officials and Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for enforcement of the decision.
 
The CHARTER (revised) CHAMBER of COMMERCE and INDUSTRY of VIETNAM (National Congress of Vietnam Chamber of Commerce and industry the third passed on 29 March 1997) i. GENERAL PROVISIONS article 1. Vietnam Chamber of Commerce and industry (hereinafter referred to as the can room) is the national organization gathers and represents businesses of all economic sectors and the business association in Vietnam aim to protect and support businesses, contributing to the socio-economic development of the country and to promote the economic cooperation and trade, science and technology between Vietnam and countries on the basis of equality and mutual benefit.
Article 2. Vietnam Chamber of Commerce and industry is an independent organization, non-governmental, have legal personality and financial autonomy.
Article 3. Vietnam Chamber of Commerce and industry based in Hanoi, the capital of the Socialist Republic of Vietnam and has branches, representative offices in and outside the country.
Article 4. Vietnam Chamber of Commerce and industry operating under the law of Vietnam and according to this Charter, supported and subject to the supervision of the State of Vietnam.
 
II. FUNCTIONS and DUTIES article 5. Vietnam Chamber of Commerce and industry has the following functions: 1. Representatives to promote and protect the interests of the business community in Vietnam the domestic and international relations;
2. The promotion and support of activities of trade, investment, science and technology cooperation and other business activities of enterprises in Vietnam and abroad.
Article 6. Vietnam Chamber of Commerce and industry has the following duties: 1. Gather, research the opinions of the business to reflect, recommendations and advice to the State law issues, economic policy; the Organization of meetings between businesses with State agencies to exchange information and ideas in order to improve the business environment.
2. To conduct the activities necessary to protect the legitimate rights of enterprises before the law;
3. Coordinate and support the business association in Vietnam, in cooperation with the Chamber of Commerce and the relevant organization abroad, participating in international and regional organizations consistent with the purpose of prevention and help enterprises to participate in organizations;
4. Organizing advocacy activities, lobbying businesses to implement strictly the law in business in the country and internationally, to build healthy labor relations, protecting the environment, participating in social activities consistent with the goals of the room;
5. Conduct activities in support of enterprise development of business and investment relations at home and abroad such as: pieced together clues and introduce you to the consumer, providing information, guidance and advice for business, research, market survey, seminars, conferences, fairs, exhibitions, advertising and other promotion activities;
6. Training Organization with the proper form to help businesses enhance knowledge and capacity management and business;
7. Help the registration and protection of intellectual property rights and technology transfer in Vietnam and abroad;
8. Certificate of origin for the export products of Vietnam and endorse the other necessary documents in the business; confirmed cases of force majeure;
9. Help businesses in and outside the country to resolve grievances and disputes through negotiation, mediation or arbitration; help the general loss allocation when required;
10. Perform other tasks that the State of Vietnam or other mandated organizations.
 
III. membership article 7. Every organization has a legal personality and individuals endorsed the Charter of, voluntary participation and are pleased of the Board or the General Assembly of the room accepting or soliciting, may become a member of the room.
The room has 4 types of membership: membership is the business association and Vietnam's business and venture businesses have at least 50% of the capital of Vietnam who have registered and legitimate activities in Vietnam;
Affiliate membership is the alien's business or joint venture between the Vietnam and alien registration and legal activities in Vietnam, Vietnam's enterprises have registered and legitimate activities abroad;
Associate members are experts and professional organizations in and outside the country have the ability to perform the duties of the room; -Honorary members are individuals who have a special contribution to the realization of the purpose of the room;
Members are organizations that sent representatives to join the room and informs the Board of the list.
Article 8. The Board of review and the decision to recognize members and affiliate members.
The case was rejected, litigants can appeal to the Congress. The decision of the General Assembly is the final decision.
According to the proposals of the Standing Committee, the Board decided to invite the organization or individual membership news, elected an honorary member of the room and announced to the membership as a whole to know.
Article 9. The Organization, the individual is considered a member of the Department since joining the accepted and filed enough charge to join.
Article 10. Membership will not be valid if it occurs in one of the following cases: 1. Suspension or termination of activities;
2. Dissolution or bankruptcy;
3. the dead or sentenced;
4. According to the decision of the Board with the consent of at least 3/4 of the members of the Board by one of the following: a. do not perform properly or serious breach of the regulations, resolutions of the room;
b. operate contrary to the purpose of, harm to reputation or finances.
A member is deprived of the status under article 10.4 had the right to appeal to the General Assembly. The decision of the General Assembly is the final decision.
Article 11.
1. the new entity was established on the basis of the merger of two or more members of the room, if there is no other requirement, of course, is a member of the room.
2. The members of the business association, members of the branch, the business can become a member of the room if voluntarily joined and the Board accepted.
Article 12. Members have the following rights: 1. To attend the Congress if elected;
2. voting or voting in the General Assembly if the Member is officially; 3. Be nominated or elected to the Board of the Chamber if the Member's membership or the official media;
4. For comments to the General Assembly, the Board, the Standing Committee on the activities of the Chamber and the problems of economic law, policy and the business environment;

5. Request for help and enjoy the service of Room with preferential conditions;
6. Only the Member is in the room if it deems cannot or do not wish to continue to participate.
Article 13. The Member has the following obligations: 1. Cost close to joining and Assembly charges prescribed by the Board. Associate members and honorary members do not pay;
2. Implementation of resolutions and decisions of the General Assembly and the Board;
3. Attend the meetings because the Board summoned or invited; 4. Provide information, documents and comments serve the realization of the function of the room;
5. Solidarity and cooperation with the other members to jointly make the purpose of the room.
 
IV. Article 14 MANAGEMENT ORGANIZATION. The leadership of the agency include: Congress;
The Board;
Standing Committee;
Ban check.
Article 15. The Congress is the highest leadership body of the room.
The Congress consists of representatives elected from the business associations and the other members under the membership rate in the area with the number and structure by the Board of the decision.
Article 16. Congress has 2 types: regular general meeting and extraordinary general meeting.
The regular Congress because the Board convened five years to solve the following problems: 1. Through the activity reports of the room in passing;
2. Decide on the program activity of the room the next time;
3. decision to amend or supplement the rules of the room;
4. Election of the Board;
5. Discuss and decide the other issues on the work of the Department and of the members.
The extraordinary Congress convened any time at the discretion of the Board or as suggested by on 1/2 the number of members to tackle the issues of organization and activity of the room beyond the jurisdiction of the Board.
Article 17. When convening regular Conference, the Board must announce the agenda, decide on the number and structure of the delegate and member delegates elected for at least 30 days before the date of the Congress.
The members proceed to elect deputies and notify the Board at least 15 days before the date of the Congress.
The convening of the extraordinary general meeting and agenda must be announced at least 15 days before the date of the Congress. The extraordinary Congress delegates are those delegates elected to attend the regular Congress shortly before that.
Article 18. The resolution of the general meeting are passed by a majority of the delegates present.
Private matters is especially important here they must vote according to 2/3 of deputies present and some of them are on the 1/2 the total number of deputies to be elected to go to Congress: a. modifications or additions;
b. the Review acknowledge that new members has been the Board refused to litigants if required;
c. Review, complaint resolution declaring the Member except as specified in article 10.4.
d. the dissolution and liquidation of assets.
Article 19. The Board is elected by the Congress to lead all activities of the room during the time between the two congresses. The total number of members of the Board by the General Assembly resolution, which guarantees must be at least 3/4 of the members is to represent members of the room.
The Board consists of: Chairman;
The Vice President;
The Secretary General;
And the Commissioners.
The President, the Vice President and Secretary of the Board Chairman, Vice Chairman and Secretary-General of the room, with the same terms with the Board.
The term of the Board is five years. Member of the Board may be dismissed before the deadline according to the decision of the extraordinary general meeting or as suggested by on 1/2 the number of official members.
In the case of members of the Board of retirement, suspended the work or for other reasons cannot continue, the mission members are members that have legal personality to be replaced and others must inform the Chairman of the Board within 30 days after the above situations occur. People are relieved just to be recognized as members of the Board with the approval of at least 2/3 of members of the Board.
The members of the Board have the right to attend, nomination, nomination, voting and vote in any congresses the following sailings.
Article 20. The Board has the following duties: 1. The research and draw out the work and the necessary measures to implement the resolutions of the General Assembly;
2. Decide on the program and the annual budget plan, and approve the fees that are collected, and how the premium regulation costs;
3. Decide the organizational structure of the room; the decision established the specialized committees, seminars and the Organization next to the room.
4. Election of the President, the Vice-President, the Secretary, the Board examined and elected Standing Committee of the room;
5. Monitoring the activities of the Standing Committee and the Organization of the next Room;
6. Prepare the content and organizational issues for the regular and extraordinary general meeting;
7. Decides to invite the organisation, individual membership news and participate in the committees of the Chamber and held next, elected individuals made honorary member of the room.
8. Acknowledge or cancel membership;
9. Consider the opinions and recommendations of members, preparing the information and recommendations submitted to the State bodies and other organizations.
Article 21. The Board meetings at least for 6 months by the Chairman of the Management Board to convene at least 15 days in advance. The decisions of the Board are taken by majority vote of members present and some of them are too 1/2 the number of members of the Board. In case of equal number of votes, the decision in the opinion of the Chairman of the Board. Private convening extraordinary Congress must have the consensus of at least 2/3 of members of the Board.
The Board, pursuant to Charter and resolutions of the Congress, rules regulations and assigned tasks to the members.
Article 22. The President is the representative for Room and Board, responsible for the entire operation of the room. The President is the head of Standing Committee.
The Vice President's Executive Chairman and was President of the assigned responsibilities in a number of specific work areas. Vice Chairman on behalf of the President, the leaders in the room when the President is away.
The Secretary General was Chairman of the coordination activities of the specialised agencies, organizations directly under the room and be the President assigned in charge of some specific work.
Article 23. Standing Committee consists of the Chairman, Deputy Chairman, Secretary General and some other members of the Board of elections to lead the professional agencies and organizations directly under the room. The Permanent Committee has the following duties: 1. Implementation of the work by the Governing Council; 2. construction and operation of specialised agencies and affiliated organizations to tackle the job of regular Rooms. The appointment and recall of the Deputy Secretary-General, the leader of the dedicated agency and Director of the Organization of the room;
3. Prepare the content for the meeting of the Board;
4. Propose to the Board of the invited organizations and individual membership press, invited the Commission, organized by the Board established; recommending to the Board elected honorary member of the room.
In addition, the Board may delegate to the Standing Committee on a number of other tasks. The Standing Committee has the task of the report before the Board on the implementation of their work duties.
Regulations of the Standing Committee by the Board.

Article 24. Ban check consists of a number of members of the Board because the Board is elected every 5 years. Check Board elected Chief Executive Board's job title.
The Board has the task of checking the check as delegates to the General Assembly; check the implementation of the resolutions of the General Assembly, by the Board; financial checks and reports the test results before the Board and before Congress.
Regulations of the Board of inspection by the Board decision.
 
V. Article 25 FINANCES. Vietnam Chamber of Commerce and industry have the assets and the private budget and operating under the regime of financial autonomy.
Article 26. The budget is available from the following sources: 1. Charges and fees by joining the member contributions;
2. The revenues due to the activity of subordinate institutions and theatres and next rooms;
3. The grants, assistance of State;
4. The grants, help of the associations, businesses, other organizations and individuals in and outside the country.
Article 27. The room using his budget for the following: 1. The genus operation of the room;
2. Spend on wages, the cost of the facilities and activities of the specialized agencies, affiliated institutions and next to the room;
3. expand investment in domestic and abroad consistent with the functions and duties of the room.
Article 28. Chairman of the Vietnam Chamber of Commerce and industry is responsible for property management and budget of the room.
 
VI. FINAL PROVISIONS Article 29. The dissolution of the Chamber of Commerce and industry of Vietnam by General Assembly decision and must be approved by the Prime Minister.
Article 30. This Charter has been National Congress of Vietnam Chamber of Commerce and industry of the third through March 1997 and in force after ratification by the Prime Minister.