CHARTER
VIETNAM ASSOCITION OF TESTING LABORATORIES
(Approval enclosed herewith Decision No.1049/QD-BNV, dated October 10, 2014 by Minister of Home Affairs)
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Chapter 1
GENERAL REGULATIONS
Article 1: Name and Symbol of the Association.
1. Name of the association (in Vietnamese): Hội các Phòng thử nghiệm Việt Nam.
2. Name of the association (in English): Vietnam Association of Testing Laboratories.
3. Approved English abbreviation: VINALAB.
4. Symbol: Vietnam Association of Testing Laboratories has its own symbol, which is registered for copyright in accordance with Vietnam’s laws.
Article 2: Principles and purposes.
1. Vietnam Association of Testing Laboratories (hereinafter referred to as Association) is a social and professional organization of Vietnamese Testing Laboratories and citizens operating on a basis of voluntarily exchanging information and experiences on specialty and profession; helping each other increase their specialized knowledge; developing, applying and improving scientific and technological solutions, promoting testing activities, contributing to the improvement of Vietnam products – in both quality and reputation on foreign markets, catering the industrialization and modernization of Vietnam.
2. The Association’s operational purpose is to connect and assemble domestic testing laboratories to promote testing laboratories competence for research, training, production, business, management, consumer’s right protection, safety, health and environment, commercial development, fostering science and technology improvement.
Article 3: Legal status, head office
1. The Association has its legal status, seal, symbol (logo) and private account, operating in accordance with Vietnam’s laws and the Association’s Charter approved by the Minister of Home Affairs.
2. The head office of the Association is located at: No. 3F, Tuoi Tre Lane (Dang Thuy Tram Str), Hoang Quoc Viet, Cau Giay Dist., Hanoi. Tel: 04.37543128; Fax: 04.37930659; E-mail: hoivinalab@netnam.vn. The Association has the right to establish representative offices in some provinces and cities directly under the Central Government by the law.
Article 4: Scope and fields of operation
1. The Association operates in the whole country with activities relating to the field of testing and testing technology transfer by the law.
2. The Association is administered by the Ministry of Science and Technology and other ministries relating to the scope of operation of the Association by the law. It is a member of the Vietnam Union of Science and Technology Associations.
Article 5: Principles of organization and operation
1. Voluntary and autonomy.
2. Democracy, equality, openness and transparency.
3. Self-reliance on operational funding.
4. Non-profit Association.
5. Compliance with Constitution, laws and the Association’s Charter.
Chapter II
RESPONSIBILITIES, AUTHORITIES AND OBLIGATIONS
Article 6: Responsibilities
1. Promoting the inter-laboratories connection and cooperation to exploit potentials and support each other in performing testing activities.
2. Participating with agencies and organizations with functions of building analysis methods, testing, standards, appropriate standards certification methods, and new equipment by the law.
3. Participating in consulting and commenting appraisal for testing laboratory planning, investment and accreditation by the law.
4. Coordinating with other agencies and units with functions of training and retraining to increase specialised and professional level, exchange experiences in the field of testing for staffs, members and organizations in need by the law.
5. Propagandizing Association activities, providing information, disseminating and providing guides on documents and regulations relating to testing activity for members.
6. Coordinating in the organization of testing services for research, production and environment protection by the law.
7. Cooporating closely with regulatory agencies, research institutes, universities, relevant associations and international organizations by the Vietnamese law and international practices.
8. Carrying out other responsibilities as requested by authorised agencies.
Article 7: Authorities
1. Organizing and operating in accordance with the Association’s Charter approved by the Minister of Home Affairs and related laws.
2. Propagandizing the Association’s principles and purposes, and representing members in internal and external relationships relating to its functions and responsibilities by the law.
3. Protecting the legitimate rights and interests of the Association and its members in compliance with its principles, puposes, and Vietnam’s laws. Organizing and coordinating activities between its members for the Association’s mutual interests, and mediating disputes within the Association.
4. Disseminating knowledge for its members and providing necessary information to the members by the law.
5. Participating in programs, projects, research, consultancy, judgment and social inspection at the request of the State agencies, and providing services that fall within its scope of operation by the law.
6. Establishing legal status bodies as the Association’s subsidiaries by the law.
7. Giving opinions on the legal documents relating to the Association’s operation by the law. Giving recommendations to the State’s authorised agencies on issues related to the Association development and activities by the law.
8. Publishing magazines, periodicals and other publications by the law. Coordinating with related agencies and organizations to implement the Association’s responsibilities.
9. To be entitled to raise funds from membership fees and revenues from business and services operations by the law for self-financing. To be able to receive legal funds from international and domestic organizations and individuals by the law.
10. To be able to participate in international organizations with the same scope of operation; signing and implement international agreements by the law, and reporting to the Ministry of Science and Technology and the Ministry of Home Affairs on the corresponding participations, signings and implementations by the Vietnamese laws and international practices.
Article 8: Obligations
1. Observing the laws applied for the Association and its organization, operation and its Charter. Not exploiting its activities to cause harms to national security, social order, morals, fine habits and customs, national traditions, legitimate rights and interests of individuals and organizations.
2. Complying with the law and reporting to the authorised State’s agencies on the following tasks: Issuing annual report on the Association’s organization and operation, organizing tenure assembly and extraordinary assembly, changing key leadership positions or the Association’s head office; amending and supplementing its Charter; establishing representative offices and organizations with legal status directly under the Association.
3. Observing the guidance, testing, and inspection of the authorised State’s agencies by the law.
4. Establishing and maintaining at the head office: lists of its members, associations, representative offices and units; records and receipts on asset and finanance of the Association and its representative offices; meeting minutes of the Executive Committee, the Standing Committee and the Inspection Board.
5. Developing and promulgating ethical standards in Association’s operation.
Chapter III
MEMBERS
Article 9: Members and membership criteria
1. Members of the Vietnam Association of Testing Laboratories include official members, associate members and honorary members (hereinafter referred to as members):
a) Official Member : Organizations and citizens of Vietnam operating in the field of testing, with good political ideology, moral quality and the endorsement of the Charter of Vietnam Association of Testing Laboratories, voluntarily applying for the Association’s membership and being considered and approved by its Standing Committee;
b) Associated members: Organizations and citizens of Vietnam who have actively contributed to the development of the Association, endorsed the Charter of The Vietnam Association of Testing Laboratories, and wish to participate in the Association’s operation can be considered and admitted by the Standing Committee of the Association;
c) Honorared members: Organizations, businesses and citizens of Vietnam who do not meet the conditions or are not qualified to become official members but have actively contributed to the activities of the Association, and endorse the Association’s Charter can be considered and admitted by the Standing Committee of the Association;
2. Official members criteria:
a) Organization members: laboratories and organizations related to testing in Vietnam which are established by the law and have legal status. Representatives of the organization members must be Vietnamese citizens with good political ideology and moral quality;
b) Citizens of Vietnam, from 18 (eighteen) years old, with full capacity for civil acts who have been working in the field of testing, with good political ideology and moral quality;
Article 10: Member Obligations
1. Observing the Association’s Charter, the General Assembly resolutions, and the decisions of the Executive Committee and the Standing Committee.
2. Strictly following the guidelines and policies of the Communist Party and the laws of the State, and preserving the reputation and professional ethics.
3. Maintaining the solidarity and development of the Association for the common interests of the Association, its members and the State; developing cooperating and helping relatons among members.
4. Official members contribute fees and fund dues of the Association in accordance with the Association’s Charter.
5. Protecting the reputation of the Association, not handling any transaction or relationship in the name of or on behalf of the Association withour prior authorisation by the Association’s assignment and introduction in writing.
6. Complying with the information and report regulations by the Association’s Regulaitons.
7. Contributing fees in full and on time by the Association’s Regulaitons.
Article 11: Rights of the members
1. Participating in discussions, voting on programs, plans, activities of the Association, proposing and expressing opinions on the guidelines and policies of the Party and the State relating to the operation of the Association by the law.
2. Having their legitimate rights protected by regulation of law and the Association. Being entitled to participate as candidates in the leader board, Inspection Board election under the provisions of the Association.
3. Questioning any Association's activities. Being appointed to participate in conferences, seminars, professional training, scientific research, experimental technology transfer, published their scientific testing researches in the Association’s magazine under the provisions of the Association’s Charter and Vietnam’s laws.
4. Leaving the Association if being unable to maintain membership.
5. Introducing new members and being considered for reward in case of remarkable contribution to the Association development.
6. Members with legal status have the right to appoint their representatives to participate in the Association by its regulations.
7. Being awarded the Certificate and the Recognization Decision as a "Member of the Vietnam Association of Testing Laboratories". The Association’s Executive Committee shall specify the issuance, allocation and management of membership certificates.
8. Associated members and honorared members are entitled to the rights and obligations similarly to official members except the voting right for the Association’s issues and the right of voting and self-promotion for the election of leader board and the Inspection Board of the Association. Honorared members do not pay fees.
Article 12: Form, procedures and authority to admit and delete member name
1. Organizations and citizens of Vietnam want to join the Association must comply with Chapter 1, Article 9 of this Charter; members who wish to leave the Association must submit an application to the Association’s office. This office will be in charge of suggestion of the admission or deletion of members to the Standing Committee for consideration, and submission to President to obtain his decision.
2. Membership shall be terminated or removed from the Member List in the following cases:
a) Voluntarily leaving the Association when being unable or unwilling to continue participating in the Association’s activities. In this case, the member should notify officially in writing to the Association one month in advance and return the membership card;
b) Acting in contrary to the Association’s Charter or violate any of the Regulations in the Charter which may affect the Association’s name and reputation;
c) Violating the law and is found guilty and will be punished when the sentence of the court has legal effect;
d) Being dead, missing or limited capacity for civil acts;
e) The organization is self-deactivated, or forbiden to operate by authorized bodies or declares bankruptcy;
f) Members, who are not participating in the Association's activities in three consecutive terms, do not pay dues in time from one year or more without legitimate reasons.
3. Member expelled with the consenting votes of at least one half of the Standing Committee members. The decision to expel a member will be in effect from the date of signing by President.
4. The Association’s office shall be responsible for publishing a list of new members and the deleted members publicly on the Website of the Association within thirty days from the effective date of the decision.
Chapter IV
ORGANIZATION, OPERATION
Article 13: Organizational structure
1. Congress
2. Executive Committee
3. Standing Committee
4. Inspection Board
5. Association’s officec and functional board
6. Bodies with legal status directly under the Association.
Article 14: Tenure Assembly, Extraordinary Assembly
1. The body with highest authority of the Vietnam Association of Testing Laboratories is the Tenure Assembly or Extraordinary Assembly, convened by the Association’s Executive Committee. The Tenure Assembly meets once every 5 years; Extraordinary Assembly is convened irregularly by at least two-thirds of the members of the Executive Committee or one-half of the total official members to solve issues in organization, operational content and orientation that are beyond the authority of the Executive Committee.
2. Tenure Assembly or Extraordinary Assembly is held in the form of Plenary Assembly or Delegate Assembly, number and structure of which are decided based on the proportion of the members in each region by the Executive Committee.
3. Tenure Assembly or Extraordinary Assembly is valid when permitted to be held by authorized State agency by laws, and attended by over one-half of the official members or over one-half of the official delegates.
4. Responsibility and authority of the Assembly:
a) Discussing and approving the Asociation’s operation summary report for the past tenure, and orienting content and operation programs of the Association for the new terune;
b) Considering and approving the financial statements of the Association for the pass tenure;
c) Discussing and approving amendment and supplement of the Association’s Charter (if any);
d) Deciding the number and election of the members for the Executive Committee and Inspection Board;
e) Making the decision of division, separation; merging; dissolution; rename or participation in international, national or regional organizations in its relevant fields as stipulated by the law;
f) Discussing and deciding on important issues beyond the authority of the Executive Committee;
g) Approving General Assembly resolution.
5. The voting principle at General Assembly:
a) The General Assembly can vote by raising hands or by ballot, and the form of voting is decided by the Assembly;
b) An Assembly’s decision must be agreed by more than a half of the total official representatives presenting at the General Assembly to be approved.
6. The Assembly result’s Report:
Within 30 days after the Assembly meeting, the Association will send report to the authorized State agency permitting establishment and approving the Association’s Charter by the law.
Article 15: Executive Committee
1. The Executive Committee, the highest leading authority of the Association between two General Assembly, is elected directly for five-year terms by the General Assembly. The quantity, structure and standards of the Executive Committee members will be decided by the General Assembly. The Executive Committee is responsible for implementing resolutions of the General Assembly and leading the Association’ operation between two General Assembly terms.
2. The Executive Committee meets regularly once a year to consider, evaluate activities of the Association, discuss and decide on necessary solutions for implementation of the General Assembly’s decisions and resolutions. In case of emergency, the Executive Committee can meet in an extraordinary Assembly when convened by the President. Between two meetings, the Executive Committee can consult and discuss in writing.
3. Between two General Assembly, the changes or supplementation of the Executive Committee members must be approved by two-third of the Executive Committee members, but the additional members cannot exceed 1/3 (a third) of the total members decided by the Assembly.
4. Responsibilities and authorities of the Executive Committee:
a) Leading, organizing and guiding the implementation of the Association’s Charter, resolutions; deciding the Association’s programs and annual plans, regulations on membership fees;
b) Convening the General Assembly, Extraordinary Assembly, conferences, seminars of the Association; preparing other contents and issues of the General Assembly;
c) Reporting on the organization and operation of the Association during its term and planning the operational orientation for the next term;
d) Deciding the number, voting or dismissing Standing Committee: President, Vice-President, Secretary General and commissioners. Voting additional Executive Committee members (if any);
e) Deciding the organizational structure of the Association. Promulgating regulations on the operation of the Executive Committee, the Standing Committee, the Office; regulations on the management and usage of finance, assets and seal of the Association; other Association’s internal regulations in compliance with the Association’s Charter and related laws;
f) Approving the annual and tenure plan and finance settlement of Association;
g) Dismissing the Executive Committee members in case of a violation of the contents stipulating in Chapter 2, Article 12 of this Charter;
h) Conducting other responsibilities and authorities pursuant to the Association’s Charter.
5. The operational principle of the Executive Committee:
a) The Executive Committee operates in accordance with its regulation, complying with Vietnam’s laws and this Charter;
b) The Executive Committee meeting is only valid when attended by at least 1/2 (a half) of the total commissioners of the Executive Committee. The decisions of the Executive Committee is approved and is valid when agreed by more than 1/2 (a half) of the total attending commissioners of the Executive Committee. If the number of votes is equal, the decision will be made by the President. The Executive Committee can vote by raising hands or by ballot, and the form of voting is decided by the Executive Committee.
Article 16: Standing Committee
1. The Standing Committee that is a standing organization of the Executive Committee is voted and dismissed by the Executive Committee with a five-years term, including: the President, the Vice Presidents and commissioners. The number, structure and standard of the Standing Committee’s commissioners are decided by the Executive Committee but the additional commissioners cannot exceed 1/3 (one-third) of the total commissioners approved by the General Assembly.
2. Responsibilities and authorities of the Standing Committee:
a) On behalf of the Executive Committee conducting the implemention of the Assembly’s resolutions, this Charter, the Executive Committee’s resolutions and decisions, and managing the Association’s operations between the Executive Committees’s meetings;
b) Preparing the agenda and making the decision to convene a meeting of the Executive Committee;
c) Deciding the establishment of organizations and units of and directly under the Association’s control pursuant to Vietnam’s laws and resolutions of the Executive Committee; stipulating functions, responsibilities, authorities and organizational structure; making the policies of reward or penalty; making the decision on the assignation or dismission of the leaders of its organizations and units;
d) Deciding to admit, expel and remove the member;
e) Deciding to reward and punish its members; resolving recomendations and complaints of members under the law and Charter of the Association;
f) Reporting its operation on the meetings of the Executive Committee;
g) The Standing Committee can require the Executive Committee members to voluntarily withdraw their membership of the Executive Committee when they have not attended the Executive Committee meetings for more than one year or not participate in and contribute to operations of the Association. The removal procedure of the Executive Committee members is decided by the Executive Committee.
3. The operational principle of the Standing Committee:
a) The Standing Committee operates under the regulations issued by the Executive Committee complying with the law and the Association’s Charter;
b) The Standing Committee meets periodically once every six months. When necessary, the extraordinary meeting can be convened by the President to solve urgent and important matters. Resolutions and decisions of the Standing Committee are approved with the consent votes of more a half of the total attending commissioners of the Standing Committee. If the number of votes is equal, the decision will be made by the President;
c) The Standing Committee meeting is only called by at least 1/2 (a half) of the total commissioners of the Executive Committee presenting at the Assembly. Standing Committee can vote by showing off hands or ballot. The form of voting is decided by the Executive Committee.
Article 17: Inspection Board
1. Inspection Board is elected directly by the General Assembly, and the number, structure and standards of its commissioners decided by the General Assembly. The Inspection Board will elect its Head and Deputy Head. The Board’s term tally with the General Assembly term.
2. Inspection Board can be dismissed by the Extraordinary Assembly or at the request of at least two-thirds of the Executive Committee members or at least over a half of the total official members.
3. Responsibilities of Inspection Board:
a) Inspecting and supervising the implementation of the Charter, General Assembly resolutions, the Executive Committee and the Standing Committee decisions, the Association’s regulation on the activities of the unit, organizations directly under the Association and members; inspecting the management and use of the Association assets and finance;
b) Considering and resolving the complaints and accusation letters in the Association and related issues to the Association, its members, legal status under the Associaiton by the Regulation and related law;
c) Inspecting the issues related to the Association, its members, its branches and its subsidiaries with legal status at the request of authorised State agencies. The conclusion of these inspections has to be informed in full to the Executive Committee, the Standing Committee, organizations and units of the Association.
4. When conducting the inspection, the Inspection Board can request the Executive Committee, other organizations and units of Association to provide information and documents related to the issues under inspection.
5. Inspection Board operates in accordance with regulations issued by the Inspection Board complying with the law and it’s Charter.
Article 18: President
1. The President of the Association, elected by the Executive Committee from the Executive Committee members, is the Association’s legal representatives and is responsible for all activities of the Association.
2. Responsibilities and authorities of the President:
a) Summoning, presiding over and concluding the meetings of the Executive Committee, Standing Committee and deciding all activities so as to implement the Charter and regulations of the Association;
b) Representing the Association in internal and external operations; approving and signing documents of the external transaction, the decisions and resolutions of the Executive Committee and the Standing Committee of Association;
c) Taking responsibility or authorising the Secretary General to manage the Associaton account. Assigning responsibilities to members of the Executive Committee, presiding the Executive Committee meeting for next term until a new President election;
d) Directing operations of the Secretary General, and approving Associaton personnel according to the Standing Committee resolutions;
e) Signing the decision of establishment or dissolution of the organization directly under the Association, and dismission of the key personnel of the Association;
f) Appointing members and Association staff to participate in the programs of investigation, research, inspection, counseling, counter-argument, technology transfer, and training in domestic and foreign to perform reponsibilities by the law.
Article 19: Vice President
1. The Executive Committee elects the Vice President from the Committee members and decides the number of the Vice President. Vice President assists the President and is responsible for assigned tasks to the law and the President.
2. Standing Vice President is delegated by the President when he is absent, temporarily directing Association’s operation and be responsible for his decisions to the Association’s President and the law.
Article 20: Secretary General
1. The Secretary General assists the President and the Executive Committee and is responsible for directing Association Office operation, conducting administrative tasks and general affairs; assists the transactions with international and domestic organizations and individuals at the Association’s request.
2. Secretary General responsibilities and authorities:
a) Managing the assets, finance, records and documents of the Association;
b) Preparing the documents, plans and reports of the Association;
c) Organizing the implementation of the President’s decisions and the information dissemination, professional training, conferences and seminars;
d) Supporting the members in the implementation of the Association’s activities.
Article 21: The Office, functional boards and organizations directly under the Association
1. The Association’s Office, the assisting unit of the Associaiton led by the Secretary General, is responsible for assisting the Executive Committee, the Standing Committee and performing administrative tasks and financial accounting for the Association; collecting and providing information to members; serving meetings, conferences, and seminars of the Association.
2. Based on actual requirements, the Standing Committee establishes functional boards to assist the implementation of the Association’s programs and projects. When necessary, the President can invite consultants to perform the Association activities by the laws.
Chapter V
ASSETS AND FINANCE
Article 22: Assets and Finance
1. The assets of the Association include: Head office, infrastructure, and equipment used for the activities from the Association’s fund obtained from the donation of international and domestic organizations and individuals by the laws.
2. The Association’s Finance includes:
a) Revenues:
- Membership fee;
- Incomes generated from programs, schemes and projects (if any);
- Legal contributions made by international and domestic individuals and organizations in kind or in cash by the law;
- Revenues from the results of scientific research, application of testing technology and other activities in accordance with the regulations of the law;
- Other legal contributions.
b) Expenses:
- Expenses for its routine activities such as purchase of equipment, machines, salaries for full-time staff, allowances for non-specialized staff, and business trip;
- Membership awarding;
- Expenses for the operation of information, communication, publishing, international relationship and social activities;
- Tax and other payments to the State budget (if any);
- Other legal expenses.
3. The financial resources that is collected from businesses, services and legal contributions of international and domestic organizations and individuals by the law must be used for the organization's activities and must not be distributed among members.
Article 23: Principles of management, use of assets and finance
1. Finance and assets of the Association are recorded, monitored, accounted, managed, used and expended in accordance with the regulations on management, usage of assets and finance stipulated by the Executive Committee, are ensured its openess, transparency, economizing and suitability with the principles, purposes and Charter of the Association and the State’s laws on the financial expenditure for social - professional organizations, and must be reported before the General Assembly of the Association.
2. The revenues and expenses of the Association shall be inspected, controlled and confirmed by the Inspection Board before reporting to the General Assembly.
3. Assets and finance of Association are resolved by the law when dividing, separating; merging; consolidating and dissoluting.
Article 24: Financial settlement
Annually, the Association must report its financial settlement in accordance with the current State regulations on financial management and submit it to the State’s authorised agencies by the law. Financial settlement of the Association follows fiscal year and notified to the members.
Chapter VI
DIVISION, SEPARATION, MERGER; CONSOLIDATION;
RENAMING AND DISSOLUTION OF THE ASSOCIATION
Article 25: Division, separation; merger; consolidation; renaming and dissolution of the Association
1. The division, separation; merger; consolidation; renaming and dissolution of the Association are carried out under the Vietnam’s Civil Code, the law regulations aplied for the Association, General Assembly resolutions, its Charter and related law regulations.
2. The issue about assets, finance, rights and interests, responsibilities and other obligations of the Association relating to division, separation; merger; consolidation; renaming and dissolution of the Association are carried out pursuant to the laws.
Chapter VII
REWARDS AND PUNISHMENT
Article 26: Rewards
1. Member organizations and individual with great achievements, citizens and organizations contributing to the Association’s operation and development, may be considered for reward by the Association. Members with outstanding achievements will be recommended by the Association to the government’s authorized agencies for reward.
2. The Standing Committee stipulates the regulations on reward, regulating in details forms, standards, procedures and authorization of its member reward pursuant to the Charter and related laws.
Article 27: Punishment
1. Member organizations and individual violating the Charter and resolutions of the Association, and harm the prestige, reputation of the Association depending on the levels will be punished as: criticism, reprimand, warning, suspension with time limit, dismissing and excluding from the list of members. In case of serious violation, the case will be tranfered to the government’s authorized agencies for settlement according to the law regulations.
2. The Standing Committee issues the regulations on punishment, stipulating in details the procedures and authorization for member penalty pursuant to the Charter and related laws.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 28: Amendment and Supplementation of this Charter
1. Only the Tenure Assembly or Extraordinary Assembly of the Vietnam Association of Testing Laboratorieshas the right to amend or supplement this Charter.
2. Any amendment and supplementation to this Charter will require the approvals of at least 2/3 of the total official representatives at the General Assembly.
Article 29: Implementation effectiveness
1. The Charter (amendment and supplementation) of the Vietnam Association of Testing Laboratories consists of 8 chapters and 29 articles adopted by the third Plenary Assembly (Tenure of 2014-2019) of the Association on August 5, 2014 in Hanoi and have implementation effectiveness on the approval decision of the Minister of Home Affairs. This Charter replaces the Charter of the Vietnam Association of Testing Laboratories issued by the Minister of Home Affairs together with Decision No. 69/2003/QD-BNV on October 3, 2003.
2. In pursuance of the law applied for the Association and its Charter (amendment and supplementation), the Executive Committee of the Vietnam Association of Testing Laboratories is responsible for disseminating, guiding and implementing this Charter./.