STATUTES OF VIETNAM LOGISTICS BUSINESS ASSOCIATION (As amended)
(Approved under the Decision No.07 /QD-BNV on 4 January 2013 By Minister of Ministry of Interior)
Chapter I
NAME, OBJECTS AND SCOPE OF ACTIVITIES
Article 1.Name
1. In Vietnamese: Hiệp hội Doanh nghiệp dịch vụ Logistics Việt Nam
2. In English: Vietnam Logistics Business Association (VLA).
Article 2.Objects
The Vietnam Logistics Business Association (hereinafter referred to as the Association) is a professional associated organization established voluntarily by the organizations, enterprises and citizens of Viet Nam which have registered to operate in the freight forwarding and trade logistics industry in accordance with the Commercial Law with the aim to cooperate, associate and help each other in developing professional activities, improving business efficiency and protecting the legal interest of the members and on this basis of integrating with such activities of professional organizations in the region and the world in accordance with the law.
Article 3.Scope of activities
1. The Association shall conduct its business throughout the country and associate with other individuals and organizations of Viet Nam in the whole country in conformity with the law of the Socialist Republic of Viet Nam (SRV) and the present Statutes, and in compliance with the international laws to which SRV is a contracting party.
2. The Association’s activities shall be under the State administration of the Ministry of Industry and Trade and other relevant Ministries and Agencies with regards to its professional activities in accordance with the law.
3. The Association shall operate in the area of freight forwarding and logistics in accordance with the Commercial Law.
Article 4.Legal status
1. The Association is of a legal status having its logo and it has its own stamp and accounts with banks in accordance with the law.
2. The Association shall have its Head office located in Ho Chi Minh City. In the event of change of the Head office; the Association shall report the change to the relevant competent authorities in accordance with the law.
3. The Association shall have the right to establish its organizations, dependent units, sub-associations, clubs of non-legal status and representative offices at home and abroad in accordance with the law and its Statues.
4. The Association is the full and official member of the International Federation of Freight Forwarders Associations (FIATA) and the ASEAN Federation of Forwarders Associations (AFFA) in accordance with the law.
Chapter II
FUNCTIONS, DUTIES, RIGHTS AND OBLIGATIONS
Article 5. Functions
1. To popularize, mobilize and gather the Members to make an active contribution to the freight forwarding and logistics business in accordance with the law of Viet Nam.
2 .To represent and protect the legal interests of its Members in all activities relating to its scope of activities in accordance with the law and its Statutes.
3. To offer consultancy and opposite comments relating to its areas of activities in accordance with the law; to link the members of the Association with the relevant agencies in order to solve problems in connection with its activities within the provisions of the law.
4. To assist its Members in stabilizing, expanding and promoting activities in researches, science and technologies, consultancy, study investment and technological transfer in trade services in accordance with the law governing its scope of activities.
5. To promote the work of researches, science and technologies, consultancy, study investment and technological transfer in trade services; to offer consultancy, organize and co-operate in organizing conferences and seminars on the areas related to its activities in accordance with the law.
Article 6.Duties
1. To gather and unite all the Members of the Association to build and develop the Association strongly, and implement rightly its objects in order to promote the industry and areas relating to its activities, contributing to building and development of the country.
2. To represent and to be a focal point for its Members in studying and compiling the ideas and comments for making recommendations to the State agencies on directions and policies regarding its scope of activities in accordance with the law.
3. To participate in activities of the International Federation of Freight Forwarders Associations (FIATA) and ASEAN Federation of Forwarders Associations (AFFA) as well as other related international organizations in accordance with the law.
4. To protect the legitimate rights of its Members and to facilitate them in getting access to international organizations in conformity with the law.
5. To encourage assistance and supports among its Members.
6. To advise the Members of legal and professional matters; to guide and assist the Members in training professional skills and knowledge of legal issues in accordance with the law.
7. To update and provide its Members with policies and laws of the State regarding its scope of activities thus assisting them in preventing risks which may arise during their work of researches, science and technologies, consultancy, study investment and technological transfer in trade services in accordance with the provisions of the law.
8. To guide and control its Members in their compliance with the law and policies of the State and the Association’s Statutes, regulations and other stipulations in accordance with the law.
9. To introduce achievements and capabilities of the Members.
10. To conduct consulting activities and services relating to the areas, scope, functions and duties of the Association in conformity with the law and its Statutes in order to generate incomes for the Association.
11. To expand the co-operative relationship with other organizations in the country and with international organizations, according to the law, in order to make full use of favorable conditions for developing working areas related to its activities.
12. To control and use all funding sources of the Association in accordance with the law.
13. To publish printed matters and magazines of the Association, if any, in accordance with the law.
14. To carry out other business as required by the competent authorities of Viet Nam.
Article 7. Rights and Powers
The Association shall be empowered:
1. To organize and conduct activities according to its Statutes as approved by the State competent authority.
2. To promote the objects and the aims of the Association.
3. To represent its Members in the domestic and foreign relations relating to the functions and duties of the Association in accordance with the law.
4. To protect the rights and legal interests of the Association and its Members in line with the objects and the aims of the Association and in accordance with the law.
5. To organize and co-ordinate activities among its Members for the common interest of the Association; to settle disputes inside the Association in an amicable way.
6. To disseminate and to train professional skills, and to provide needful information to its Members in accordance with the law.
7. To participate in programs, projects, studies, consultancy and social appraisals at the request of the State agencies; to provide public services in the fields related to its activities; to organize professional trainings in accordance with the law.
8. To establish legal entities under the Association in accordance with the law.
9. To make comments on legal documents relating to its scope of activities in accordance with the law. To make recommendations to the State competent agencies on the issues related to the development of the Association and the Association’s activities; to be entitled to organizing trainings and to issue professional certificates when they meet the requirements by law; to arrange other services according to the provisions of the law.
10. To co-ordinate with the concerned organizations and bodies in implementing its duties.
11. To be entitled to raising funds for the Association on the basis of membership fees and other income sources from its activities and services in accordance with the law in order to secure working funds of the Association.
12. To be entitled to receiving legal funding and aids from various organizations and individuals at home and abroad in accordance with the law; to be supported by the State’s funding for activities attached to the duties entrusted by the State.
13. To be entitled to being members of the similar professional international associations, to signing and implementation of agreements with international organizations in accordance with the law, and to report the same to the relevant State agencies and the agency who endorsed the founding of the Association.
Article 8.Obligations
1. To comply with provisions of the law governing its organization, activities and Statutes. Not to make full use of its business in doing harms to the national security, social order, conduct and good customs and national tradition, legal rights and interest of individuals and organizations.
2. 30 (thirty) days prior to the General Meeting, the Central Committee of the Association shall send a report to the State competent authority as provided in Article 14, the Decree No. 45/2010/ND-CP dated 21 April 2010 by the Government on organization, activities and administration of associations (abbreviated Decree No. 45/2010/ND-CP), and also to the agencies controlling the Association’s scope of activities.
3. Establishment of the Association’s representative offices at other localities should be permitted by the People’s Committee of the province where the representative offices are located and the Association shall report in writing to the State competent authority as provided in Decree No. 45/2010/ND-CP, Article 14.
4. When there is a change of Chairman, Vice Chairman and General Secretary of the Association or the Head office and/or amendments to the Statues, the Association shall report to the State competent authority as provided in Decree No. 45/2010/ND-CP, Article 14.
5. Establishment of any legal entity under the Association shall be done in accordance with the provisions of the law and the same shall be reported to the State competent authority as provided in Decree No. 45/2010/ND-CP, Article 14.
6. Latest on the first of December, the Association shall annually report the situation of its organization and activities to the State competent authority as provided in Decree No. 45/2010/ND-CP, Article 14 and also to the agencies controlling the Association’s activities.
7. The Association shall comply with the instructions, inspection and examination made by the State competent authority in respect of law compliance.
8. The Association shall make and archive at the Head office the list of its Members, sub-associations, representative offices and units under the Association, and its books and documents on assets and finance belonging to the Association and its representative offices, and also records of the meetings of the Central Committee and the Executive Board.
9. Incomes earned as provided in Decree No.45/2010/ND-CP, Article 23, items 11 and 12 shall be spent on activities of the Association according to the Association’s Statutes, and shall not be given to its Members.
10. Expenditures of the Association’s money shall be done in accordance with the provisions of the law. The Association shall annually draw the balance sheets in line with the provisions of the State and send the same to the appropriate finance bodies and the State competent authority as provided in Decree No. 45/2010/ND-CP, Article 14, stating clearly the incomes and expenditures of funding by overseas individuals and organizations.
11. The Association shall formulate and make public the code of conduct for the Association’s operations.
Chapter III
MEMBERS OF THE ASSOCIATION
Article 9. Membership
1. Organizations, units and enterprises of Viet Nam operating in the fields related to freight forwarding and logistics services according to the provisions of the law of Viet Nam, and scientists, experienced managers and Vietnamese citizens agreeing to the Association’s Statutes and voluntarily applying for membership shall be considered for members of the Association.
2. Membership shall consist of Ordinary Members, Associate Members and Honorary Members.
a) Ordinary members shall include collective members and individual members.
– Collective members: Organizations, units and enterprises of Viet Nam having the legal status of Viet Nam who have registered to operate in freight forwarding and logistics services in accordance with the Vietnamese laws, agreeing to the Statutes of the Association and voluntarily applying for membership of the Association shall be considered for ordinary members.
– Individual members: Anyone being a citizen of Viet Nam who has registered to operate in freight forwarding and logistics services in accordance with the Vietnamese laws, agreeing to the Statutes of the Association and voluntarily applying for membership of the Association shall be considered for individual members.
b) Associate members shall include:
– Enterprises and organizations of Viet Nam that do not qualify to become Ordinary Members shall be considered for associate membership of the Association if they agree to the Statutes of the Association and voluntarily apply for membership of the Association.
– All joint venture and 100-percent foreign owned organizations or enterprises that are legally operating in Viet Nam, contributing to the development of the Association, and agree to the Statutes of the Association and voluntarily apply for membership of the Association shall be considered for associate members of the Association.
c) Honorary members shall include citizens and legal entities of Viet Nam that do not satisfy the criteria for the ordinary membership or the associate membership of the Association, but they have prestige, experience, and also contributions to the development of the Association, agreeing to the Statutes of the Association. These may be invited by the Central Committee of the Association to be honorary members of the Association.
3. Conditions for membership of the Association (applicable for Ordinary members and Associate members of the Association):
a) Agreeing to the Statutes of the Association;
c) Voluntarily applying for the membership of the Association;
d) Agreeing to payment of membership subscriptions and fees;
e) Being accepted by the Central Committee of the Association as a member of the Association in accordance with the law and the Statutes of the Association;
f) Becoming officially the membership of the Association only after having paid the entrance fees and received the membership certificate of the Association;
g) Those members who are legal entities (organizations having a legal status by law) shall appoint their accredited representatives at the Association. The accredited representatives shall have full powers to decide. Their full names and designation shall be clearly stated in the application for the membership of the Association. In the event of authorization, the authorized person as the accredited representative shall have full powers to decide, and the authorizer shall be responsible for the authorization. When changing the accredited representative, the Member shall give a notice in writing as soon as the change is made to the Executive Board of the Association (at least within 15 days from the date of change).
Article10. Rights of Members
Members shall, subject to the provisions of the Statues of the Association, have the following rights:
1. To be protected by the Association for the rights and legitimate interest in their activities in line with the duties and powers of the Association.
2. To be provided with information for organizing and working for developing the fields of the freight forwarding and logistics of Viet Nam.
3. To take part in conferences, seminars or training courses on professional skills and expertise relating to the activities organized by the Association.
4. To participate in all activities of the Association; to request the Association to act as an intermediary, or to advise on issues under transaction or study.
5. To attend the Association’s General Meeting, to nominate candidates for election and to vote at any election of candidates in the administration bodies of the Association as well as Sub-Associations; to deliberate and to vote for resolutions of the Association; to criticize and to raise questions to the Central Committee of the Association regarding all directions and activities of the Association.
6. To resign from the Association when it cannot continue as a Member. In this event, the Member shall officially give written notice to the Executive Board of the Central Committee of the Association of any such resignation. The Member shall receive the consent of the Executive Board of the Central Committee within a period of thirty (30) days from the date of receiving the notice.
7. In the event of reasonable private case, any member may request for suspension of its activities as the Member of the Association in a certain period, but in any case, this suspension shall not be on aggregate over one (1) year of the Association’s term. The member shall send an official application to the Central Committee and the Chairman of the Association stating clearly the reasons and the period for its suspension. The Member shall not be obliged to contribute anything to the Association, except payment of the membership fees, during its suspension, (member fees and period for payment shall be according to the provisions of the Association).
8. To be rewarded on achievements by the Member on its activities as well as its contributions to building and development of the Association.
9. To have the right to use the images and information in accordance with the laws and the provisions of the Association and with written agreement by the Association for using any such images and information to publicize and market the activities of the Member.
10. To introduce new applicants to apply for membership of the Association.
11. To be granted with the Certificate of Membership of the Association.
12. Associated members and Honorary members shall be entitled to the same rights of Ordinary members, excluding the right to nominate candidates for election and to vote for leadership and issues of the Association.
Article 11. Obligations of Members
Members shall, subject to the provisions of the Statues of the Association, have the following obligations:-
1. To strictly comply with the directions and guide lines of the Party, and policies and legislation of the State.
2. To strictly implement the Statutes of the Association, and the resolutions of the General Meeting, the Central Committee and the Executive Board of the Association.
3. To provide the Central Committee of the Association, when required, with the information relating to their activities.
4. To participate in all activities of the Association; to unite and cooperate with other members in jointly contributing to make the Association stronger and more developed.
5. To attend the regular and extraordinary meetings of the Association when invited.
6. To pay the membership fees fully and in time according to the stipulations of the Association.
7. To protect the reputation of the Association; not to act in the name of the Association in their transactions, except otherwise allowed by the Chairman of the Association in writing.
8. To report to the bodies of the Association according to the reporting system and the provisions of the Association.
Article 12. Termination of the membership
1. The membership of any Member shall be terminated if:-
a) It has resigned voluntarily from the Association, or been suspended, or becomes insolvent, and or been adjudicated a bankrupt pursuant to the law;
b) By the decision of the Central Committee of the Association with the consent of over (50) fifty percent of the Central Committee members that it is alleged to have:
– Acted against the law of Viet Nam;
– Acted against the objects of the Association, harming the reputation of the Association;
– Failed to fulfill sufficiently the obligations of a Member, or failed to implement correctly or violated seriously the provisions, the Statues or the resolutions of the Association;
c) All categories of Members (Ordinary, Associate and Honorary) whose citizenship has been revoked shall be naturally deleted from the membership list.
2. Any Member who wishes to resign voluntarily from the Association shall send its request to the Central Committee of the Association for consideration to delete its name from the membership list in accordance with the law and the Statures of the Association.
3. The rights and obligations of the Member shall end after the Executive Board on behalf of the Central Committee of the Association has announced the termination of the rights and obligations of such Member accordance with the law and the Statures of the Association.
4. The Executive Board of the Association shall inform all other Members of the Association of the member of resignation, the member of expulsion and/or the member of deletion from the Association. This notice shall be done not later than sixty (60) days on which the official decisions of the Association on the resignation, expulsion, and/or deletion of such Members take effect.
Chapter IV
ORGANIZATION OF THE ASSOCIATION
Article13. Organizational principles
1. The Association shall be organized and working in the principles of voluntary, self-control, self-financing and equality among the members. The Association shall carry out a regime of democratic deliberation, collective leadership-cum-personal responsibility, and decision by majority. This working regime shall be detailed by regulations and provisions adopted by the Central Committee of the Association.
2. Resolutions by the General Meeting, resolutions by the Central Committee and other important resolutions of the Association shall be valid only when they are agreed by more than fifty (50) percent of the attending participants.
Article 14. Organizational structure
The organizational structure of the Association shall consist of:-
1. General Meeting and/or Extraordinary Meeting;
2. Annual Meeting;
3. Central Committee of the Association;
4. Central Committee Executive Board of the Association;
5. Inspection Committee of the Association;
6. Professional Divisions of the Association; Head office and representative offices of the Association at home and abroad; Professional unit sunder the Association in service of its activities in accordance with the law;
7. Sub-associations (if any) in accordance with the law and the Association’s Statutes;
8. Freight forwarding and logistics associations or business associations at localities which are established in accordance with the law, voluntarily become Members of the Association, if any.
Article 15. General Meeting, Extraordinary Meeting and Annual Meeting
1. The General Meeting is the highest power body of the Association. It shall be convened once in every five (5) years by the Central Committee of the Association with the participation of at least two-thirds (2/3) of the delegates representing the listed Members of the Association.
2. When convening Meetings, the Central Committee of the Association shall announce the Agenda of the Meeting and send its invitation to the Members at least ten (10) days prior to the intended date of the Meeting.
3. The General Meeting has the following functions:
a) To adopt the Report of Activities of the Association in the previous term and the working programs of the Association for the forthcoming term;
b) To decide the number of the Central Committee and the Inspection Committer of the Association and to elect the Central Committee of the Association and the Inspection Committee of the Association;
c) To adopt the Statement of Accounts of the Association for the previous term and the financial estimates as well as the financial directions of the Association for the forthcoming term;
d) To decide the entrance fees of the Association, if any, and the membership subscriptions;
e) To decide to alter the name and divide, merge or dissolve the Association as well as to amend or supplement the Statutes of the Association (if any);
f) To discuss and decide important matters of the Association beyond the authority of the Central Committee of the Association;
4. The Extraordinary Meeting of the Association may be convened by the decision of the Central Committee of the Association at the request of over 50% (fifty percent) of the members or two-thirds (2/3) of the members of the Central Committee.
5. The Annual Meeting of the Association may be convened once per annum to enable the Central Committee to sum up and valuate the yearly activities of the Association.
Article 16. Voting principles of the Meeting
1. Voting at the Meeting may be by secret ballot or by a show of hands.
2. Resolutions of the Meeting shall be passed and endorsed by over1/2 (one-second) of the official delegates representing the Ordinary Members of the Association present at the Meeting.
3. For the following important matters, they shall be approved by 2/3 (two-thirds) of the official delegates representing the Ordinary Members of the Association present at the Meeting:
a) Amendments and supplements to the Statutes of the Association;
b) Dissolution of the Association and liquidation of the assets of the Association.
Article 17. Central Committee of the Association
1. The Central Committee shall have the highest leading powers and conduct all activities of the Association between two General Meetings.
2. The Central Committee may call for a meeting in every three (3) months or every six (6) months, and it can meet extraordinarily at the request of two-thirds (2/3) of the members of the Central Committee or by the Chairman of the Association, and/or over 50% (fifty percent) of the Association’s Ordinary Members.
3. The Central Committee shall comprise of Chairman, Vice Chairmen, General Secretary and its members.
4. The Central Committee shall work on the principle of simple majority of the votes. In case of a tie in any voting, the Chairman of the Association shall have a casting vote.
5. Members of the Central Committee shall be devoted to the Association, having capacity of conducting activities, good morals, and being fit for discharge of the duties assigned by the Association.
6. Members of the Central Committee may be re-elected at the General Meeting, but they may be dismissed or discharged prior to the end of their term, pursuant to the decision of the Extraordinary Meeting or at the request of over one-second (1/2) of the Ordinary members of the Association, and/or of two-thirds (2/3) of the members of the Central Committee.
7. The General Meeting shall determine the number of members of the Central Committee and elect them by secret ballots or by a show of hands. Any elected member shall have over fifty (50) percent of the legal votes. In the event of necessity, some supplementary members shall be elected to the Central Committee, but they shall not exceed twenty (20) percent of the members at the time of such an election.
8. A member of the Central Committee of the Association representing a legal entity, who has retired on pension or changed the work, shall be replaced by any other person belonging to such entity. The person in replacement shall be a member of the Central Committee of the Association only when thirty (30) days’ notice in advance has been given to the Central Committee, and the person concerned must be approved by over fifty (50) percent of the existing members of the Central Committee.
9. Termination of the membership of the Central Committee of the Association in the case of its dismissal, discharge, and deletion of its name from the list of the members of the Central Committee shall be made according to the following provisions:
a) Death or revocation of citizen right.
b) Voluntary withdrawal of the Central Committee.
c) Failing to join the Central Committee’s activities for at least 3 (three) continuous meetings of the Central Committee without any reasons.
d) Failing to pay member fees in 2 (two) continuous years.
e) By the decision of the Central Committee of the Association with the consent of over 50% (fifty percent) of members of the Central Committee due to the following reasons:
-Working against the Vietnamese law.
-Working against the objects of the Association, doing harms to the Association’s prestige.
-Failing to implement or seriously violating the provisions and the Statues of the Association or the resolutions of the General Meeting, decisions of the Central Committee and the Executive Board.
f) Rights and obligations of members of the Central Committee of the Association shall terminate upon the notice by the Executive Board on behalf of the Association on the termination of rights and obligations of the members in accordance with the law and the Association’s Statutes.
10. The Central Committee shall hold office for a term of five (5) years.
Article 18. Duties of the Central Committee
1. To detail all the resolutions of the General Meeting of the Association and to work out measures in order to implement the resolutions of the General Meeting.
2. To issue resolutions on working programs, financial estimates and balance of all the yearly incomes and expenditures of the Association.
3. To determine the organizational structure of the Association, and to elect and dismiss the ranks: Chairman, Vice Chairmen, and General Secretary of the Association.
4. To decide to convene the General Meeting and the Annual Meeting and to prepare all the relevant matters for these Meetings.
5. To consider and determine the participation in and accession to international organizations and regional organizations in accordance with the law and the Statutes of the Association.
6. To consider applications for the membership of the Association, expulsion, reward and discipline of Members in accordance with the law and the Statutes of the Association.
7. To settle any complaints or denunciation inside the Association in accordance with the law and the Statutes of the Association.
8. To co-ordinate activities among organizations and dependent units under the Association and among the Members of the Association.
9. To reconcile and resolve the matters in dispute inside the Association.
10. To represent and protect the legitimate rights and interest of the Association and its Members.
11. To inspect periodically and give comments on the decisions and activities of the Executive Board and the Inspection Committee of the Association between two sessions of the Central Committee of the Association.
Article 19. Executive Board of the Association
1. The Executive Board shall be elected by the Central Committee of the Association comprising Chairman, Vice Chairmen, General Secretary and some members elected or appointed by the Central Committee.
2. On behalf of the Central Committee of the Association, the Executive Board direct and manage activities of the Association between two sessions of the Central Committee and shall make reports on the activities in sessions of the Central Committee.
3. The Execute Board shall decide founding of professional divisions and organizations under the Association in accordance with the provisions of the law and the Association’ Statutes and in line with the resolutions of the Central Committee of the Association, and appoint heads of the professional divisions as well as heads of the organizations under the Association. The Executive Board shall report the same to the Central Committee of the Association at the next meeting.
4. On behalf of the Association the Executive Board shall conduct obligations and relations of the Association in the domestic and foreign matters with the international organizations to which the Association is a party in the related areas in accordance with the provisions of the law and the Association’s Statutes.
5. The Executive Board may invite a number of persons in a capacity of advisors or experts on economy, law, management, or science for the Association in accordance with the law. These persons may be invited to the General Meeting and the meetings of the Central Committee as well as other meetings of the Association as decided by the Executive Board.
6. The Executive Board shall work in line with the regulations adopted by the Central Committee of the Association.
7. The Executive Board shall nominate an outstanding group including Chairman, Vice Chairmen and General Secretary of the Association to manage activities of the professional divisions, the Office, branches and representative offices of the Association; to consider and decide projects, programs, working plans and other issues of the Association as provided in the present Statute; to inspect and supervise managing work and concerned sections of the Association.
8. The Executive Board shall draft documents such as reports, resolutions of the General Meeting or Extraordinary Meetings or Annual Meetings of the Association. It shall draft working programs as well as resolutions of meetings between two sessions of the Association.
Article 20. Chairman and Vice Chairmen
1. Chairman of the Association:
a) Chairman of the Association shall be elected by the Central Committee from the members of the Central Committee of the Association;
b) The term of office of the Chairman shall be five (5) years in line with the term of office of the Central Committee of the Association;
c) Chairman of the Association shall have the following duties and powers:
– To represent the legal status of the Association before the law;
– To be the owner of the accounts of the Association in accordance with the law and the Statutes of the Association;
– To determine all incomes and expenditures, and use of the assets of the Association according to the regulations approved in writing by the Central Committee in accordance with the law and the Statutes of the Association;
– To organize implementation of the resolutions adopted by the General Meeting and the Annual Meeting, and the decisions of the Central Committee and the Executive Board of the Association;
– To preside over all meetings of the Central Committee of the Association;
– To direct the working of the Executive Board and the standing body of the Association;
– To be in charge of the work of organization and personnel of the Association in accordance with the Statutes of the Association and the regulations of the Central Committee.
– To undertake responsibility with the Central Committee of the Association for all activities of the Association;
– To act on behalf of the Association in all internal and external activities of the Association in accordance with the law and the Statutes of the Association;
– To sign decisions on establishment of organizations and units under the Association in accordance with the law and the Statutes of the Association;
– To assign duties to Vice Chairmen of the Association in each business of the Association;
– To sign decisions on admission to the Association or expulsion of Members and on rewards to the organizations and individuals under the Association who make the worthy contribution to the development of the Association in accordance with the law and the Statutes of the Association;
– To sign contracts for employment of staffs working in the Office of the Association in conformity with the Labor Law and the Statutes of the Association.
2. Vice Chairman:
a) Vice Chairman shall be elected by the Central Committee or selected amongst member of the Central Committee;
b) Vice Chairman shall assist the Chairman in his duties and be responsible before the law and the Chairman for the business assigned by the Chairman;
c) One of the Vice Chairmen of the Association shall be a Standing Vice Chairman to deputize for the Chairman in his absence.
Article 21. General Secretary and Deputy General Secretary
1. General Secretary of the Association:
a) General Secretary shall assist the Chairman in his duties to conduct day-to-day business of the Association according to the resolutions and working programs and plans in conformity with the regulations of the Association adopted by the General Meeting, the Central Committee and the Executive Board of the Association;
b) General Secretary shall be elected or dismissed by the Central Committee of the Association. General Secretary may work full time or concurrently;
c) General Secretary shall conduct the business of the Office of the Association and undertake the following duties:
– To formulate working regulations of the Office of the Association and regulations on control of finance and assets of the Association, and submit them for the endorsement of the Executive Board and report to the Central Committee of the Association.
– To make periodical reports to the Central Committee and the Executive Board of the Association on all the activities of the Association;
– To prepare an annual report and a full term report of the Central Committee;
– To take care of documentation of the Association;
– To undertake secretariat work of the General Meeting, Annual Meetings, if any, and meetings of the Central Committee and the Executive Board of the Association;
– To be responsible before the Central Committee and the law for activities of the Office of the Association;
2. Deputy General Secretary:
a) Deputy General Secretary of the Association shall be recommended by the General Secretary and approved in writing by the Central Committee for appointment of the Chairman of the Association;
b) Deputy General Secretary shall assist the General Secretary in his duties and discharge the tasks assigned by him, and deputize for the General Secretary in his absence or at the authorization according to the provisions of the Statues of the Association;
Article 22. Office of the Association, Representative offices and Professional divisions of the Association
1. Office of the Association and Professional divisions of the Association shall be permanent to assist in handling of the business of the Association, the Central Committee and the Executive Board of the Association.
2. Representative Offices of the Association shall be organizations under the Association, which support the business of the Association. They are established at localities in accordance with the law and the Statues of the Association;
3. Representative Offices of the Association shall be organized and working according to the Regulations adopted by the Executive Board in accordance with the law and the Statues of the Association;
4. Staffs of the Office of the Association, representative offices and professional divisions of the Association shall be recruited and working in accordance with the provisions of the Labor Laws, the Statutes of the Association and other relevant legislation.
5. Working expenditures for the Office of the Association, representative offices and professional divisions of the Association shall be estimated and submitted by the General Secretary of the Association to the Executive Board of the Association for endorsement in accordance with the law and the Statues of the Association;
Article 23. Inspection Committee
1. Inspection Committee of the Association shall be elected by the General Meeting from the members of the Association;
2. Number of the Inspection Committee members shall be determined by the General Meeting;
3. The Inspection Committee of the Association shall elect its head to conduct its business;
4. Head of the Inspection Committee shall be a member of the Central Committee of the Association;
5. Term of office of the Inspection Committee shall be five (5) years as same as the term of the Central Committee;
6. The Inspection Committee shall have the following duties:-
a) To inspect the compliance with the Statutes of the Association, and the Resolutions of the General Meeting, the Central Committee and the Executive Board of the Association;
b) To inspect financial expenditure and use of the assets of the Association;
c) To handle complaints and denunciation, if any, in accordance with the law and the Statutes of the Association;
d) To attend some meetings of the Central Committee and the Executive Board according to the regulations of the Association;
e) To report before the Central Committee, the Executive Board and the General Meeting on its activities and financial standings of the Association in the previous term.
f) To inform, in case of need, the Central Committee and the Executive Board about the situation, and request them to resolve the matters discovered by the Inspection Committee.
Article 24. Sub-associations and their duties
1. Sub-associations of the Association:
a) Establishment of logistics business Sub-associations at localities shall be approved by the Central Committee of the Association in accordance with the law and the Statutes of the Association;
b) They shall conduct their activities according to the regulations adopted by the Executive Board of the Association in accordance with the law and the Statutes of the Association;
c) Every organization of five (5) members or more shall be entitled to the establishment of Sub-association;
d) The highest leading board of a Sub-association shall be elected by the its General Meeting;
2. Duties of Sub-associations:
a) To direct and coordinate all activities to implement the Statutes of the Association and regulations of the Association and the Sub-association;
b) To propagate accession of new members and to enhance prestige of the Association;
c) To organize meetings, studies, visits and training courses for its members in accordance with the law and the Statutes of the Association;
d) To do marketing for promotion of its activities in accordance with the law and the Statutes of the Association;
e) To comply with a periodical report regime to the Association as required by the Central Executive of the Association.
Chapter V
ASSETS AND FINANCE OF THE ASSOCIATION
Article 25. Funds
Funds of the Association shall be from:
1. Membership subscriptions;
2.Proceeds from activities of study, consultancy and services of the Association and all organizations under the Association in accordance with the law;
3. Donations and grants from organizations and individuals at home and aboard;
4. Other legal incomes, if any.
Article 26. Expenditure
1. Expenditure of the Association shall be spent on:
a) Activities of the Association in accordance with the law and the Statutes of the Association;
b) Salaries of the permanent staffs of the Association;
c) Other legal necessary business, if any, in accordance with the law and the Statutes of the Association;
2. The funds of the Association shall be spent according to the regulations approved by the Executive Board of the Association on the submission of the Office of the Association in accordance with the law and the Statutes of the Association. The revenues earned by the Association in accordance with the law shall be spent on its activities in accordance with the provisions of the Statues of the Association. These revenues shall not be earmarked for its members.
3. The Central Committee of the Association shall regulate the management and spending of funds and assets of the Association in accordance with the law.
4. Financial Statements and report on the assets of the Association shall be made open at the meeting of the Central Committee at the year-end.
Chapter VI
REWARD AND DISCIPLINE
Article 27. Reward and Discipline
1. Any member who has great achievements in activities of the Association shall be rewarded annually by the Central Committee of the Association or proposed for reward by the State competent agencies in accordance with the law and the Statutes of the Association.
2. The Central Committee shall determine the discipline of any Member who violated the provisions of the Statues of the Association in accordance with the law and the Statutes of the Association. The degree of discipline shall include reprimand, warning and expulsion from the Association. In case of violation of the law harming the interest of the Association by any Member, the Central Committee shall request the competent legal organizations to consider and handle it in accordance with the law and the Statutes of the Association;
3. The Central Committee shall formulate regulations in detail on procedures for reward and discipline in the Association. These regulations shall not be against the provisions of the law on the reward and discipline.
| Chapter VII IMPLEMENTATION Article 28. Entering into force 1. The present Statutes of seven (7) Chapters, twenty eight (28) Articles were passed by the 7th General Meeting (2010-2013) of the Viet Nam Logistics Business Association on the 15th of December 2010 at Ha Noi City. The Statutes shall be effective for implementation under the Decision endorsed by Minister of Interior. 2. Only the General Meeting or the Extraordinary Meeting of the Association be entitled to amendments and supplements of the Statutes 3. 3. The Central Committee of the Association shall be responsible for guiding and organizing the implementation of the Statutes pursuant to the provisions of the law on associations and the Statues of the Association. |