CHARTER (AMENDED AND SUPPLEMENTED) OF THE ASSOCIATION FOR THE SUPPORT OF VIETNAMESE DISABILITY AND ORPHANS

(Approved in conjunction with Decision No. 264/QD-BNV dated 09/02/2018 by the Minister of Home Affairs)

 Chapter I

GENERAL PROVISIONS

Article 1: Name and logo

1. Name of the Association in Vietnamese: Hoi bao tro nguoi khuyet tat va tre mo coi Viet Nam
2. Name of the Association in Vietnamese: The Association for the Support of Vietnamese Disability and Orphans (Abbreviated name: ASVDO)
3. Logo: The Association for the Support of Vietnamese Disability and Orphans has its own logo registered copyright in accordance with the law.

Article 2: Principle and purposes

The Association for the Support of Vietnamese Disability and Orphans (hereinafter referred to as the Association) is a social organization gathering and uniting Vietnamese organizations and citizens in order to protect legitimate rights and interests of the members; working for the rights and legitimate interests of people with disabilities and orphans; helping improve the quality of life of people with disabilities, orphans to help them integrate into the community, fulfill their civic obligations and contribute to the cause of socio-economic development and construction of the country.

Article 3: Legal status and head office

1. The association has the legal entity status, seal, including miniature seal, floating seal, accounts opened at Banks, State Treasury in accordance with the law. The Association operates in accordance with the law of Vietnam and its Charter approved by the Minister of Home Affairs.
2. Its head office is located in Hanoi. The Association may set up representative offices in a number of provinces and centrally-run cities according to the provisions of law.

Article 4: Scope and fields of activities

1. The Association operates nationwide, in the field of supporting people with disabilities and orphans.
2. The Association is under the state management of the Minister of Home Affairs, the Ministry of Labour, Invalids and Social Affairs and other ministries and branches related to the activities of the Association in accordance with the provisions of law. The Association is a member of the Vietnam Fatherland Front Central Committee according to the provisions of law and the Charter.

Article 5: Principles of operation organization

1. To be voluntary and self-governing.
2. Democracy, equality, publicity and transparency.
3. Not for profit purposes.
4. Complying with the Constitution, the Law and the Charter of the Association.

Chapter II

POWERS AND DUTIES

Article 6: Powers

1. Propagating the principle and purposes of the Association; Participating in propaganda: guidelines of the Party, policies of the State on the field of people with disabilities and orphans in accordance with the law.
2. Representing members in internal and external relations related to the powers and duties of the Association.
3. Protecting the legitimate rights and interests of members in accordance with the principle and purposes of the Association in accordance with the provisions of law.
4. Participating in programs, projects, research subjects, consultancy, judgment and social expertise at the request of state agencies; providing public services on matters related to the activities of the Association, organizing vocational training for people with disabilities and orphans in accordance with the law.
5. Contributing comments on legal documents related to the activities of the Association in accordance with the provisions of law. Making recommendations to competent state agencies on matters related to the Association's development and the Association's activities. Organizing training, fostering and organization of other service activities according to the provisions of law.
6. Coordinating with concerned agencies and organizations in performing the Association's tasks..
7. Establishing legal entity under the Association in accordance with the law.
8. Raising funds for the Association on the basis of members' membership fees and revenue from service activities in accordance with the provisions of law to self-pay operating funds.
9. Receiving lawful financial supports from organizations and individuals at home and abroad according to the provisions of law. Being provided with financial support from the State for activities associated with the tasks assigned by the State.
10. Joining the corresponding international organizations and signing and performing international agreements according to the provisions of law and reporting to the State administrative body for the branch or domain in which the Association operates and the agency which decides to permit the establishment of the Association on the accession to the corresponding international organization, signing and implementing international agreements.
11. Implementing other powers according to the provisions of law.

Article 7: Duties

1. Abiding by the provisions of law relating to the organization and operation of the Association. Organizing and operating in accordance with the Charter of the Association. Not to abuse the Association's activities to harm the national security, social order, ethics, fine traditions and customs, national traditions and legitimate interests of individuals and organizations.
2. Mobilizing support in cash, in kind and other forms of organizations and individuals in the country and abroad according to the law to assist people with disabilities and orphans to improve their material and spiritual life.
3. Gathering and uniting the members; organizing and coordinating activities among the members for the benefits of the Association; implementing the principle and purposes of the Association in order to participate in the development of the field related to the Association's activities, contributing to the country's development and building.
4. Disseminating and equipping the knowledge, improving the capacity of the members; guiding the members to abide by law; regimes and policies of the State and the Charter, rules and regulations of the Association.
5. Representing the members to participate and to propose to the competent agencies guidelines and policies related to the activities of the Association in accordance with the law.
6. Organizing activities of propagandizing, encouraging, giving and honoring people with disabilities, orphans and typical sponsors according to the provisions of law.
7. Mediating disputes, settling complaints and denunciations within the Association in accordance with the provisions of law and the Association's Charter.
8. Developing and issuing codes of ethics in the Association's activities.
9. Managing and using the funds of the Association in accordance with the law and the Association's Charter.
10. Performing other tasks as requested by the competent authority.

Chapter III

MEMBERS AND VOLUNTEERS

Article 8: Members and Criteria for members

1. Official members:
2. a) Individual members: Vietnamese citizens who fully meet the criteria prescribed in Clause 2 of this Article approve the Association's Charter and voluntarily join the Association, may become official members of the Association.
3. b) Organization members: Associations operating in the field of people with disabilities and orphans within the Vietnamese territory agree to the Association's Charter, voluntarily join the Association and may become official members of the Association.
4. Criteria for official members:
5. a) Individual members: Vietnamese citizens shall not be considered for handling violations of the criminal legislation; they have conditions to participate in the Association's regular activities; have many contributions to the Association or people who are working full time in the Office, specialized departments and legal entities of the Association.
6. b) Organization members: Associations are established in accordance with the laws of Vietnam in the fields of people with disabilities and orphans; having written requests for joining the Association; approving and operating in accordance with the Charter of the Association for the Support of Vietnamese Disability and Orphans.
7. Honorary members:

Vietnamese citizens endorsing the Association's Charter, actively contributing to the Association and voluntarily joining the Association will be considered for recognition as honorary members of the Association.

Article 9: Rights of members

1. To be entitled to the protection of legitimate rights and interests according to the provisions of law by the Association.
2. To be provided with information related to the activities of the Association, to participate in activities organized by the Association.
3. To participate in discuss and decide on the undertakings of the Association according to the Association's regulations; to propose opinions to the competent agencies on matters related to the Association's activities.
4. To attend the Congress (for the Delegates Congress, the member must be a delegate), to stand for election, to nominate and to elect the Executive Committee and the Inspection Board of the Association in accordance with the Association's regulations and the Association's Charter.
5. To introduce new members.
6. To be rewarded according to the Association's regulations and the provisions of law.
7. To be granted a membership card (if any).
8. To be removed from the Association when considered unable to continue to be a member.
9. Honorary members shall enjoy the rights and obligations as official members, excluding the right to stand for election and nomination of the Executive Committee, Inspection Board of the Association and the right to vote on issues of the Association.

Article 10: Obligations of Members

1. Strictly abiding by the Party's undertakings and guidelines as well as the State's policies and laws; abiding by the Charter and regulations of the Association.
2. Participating in activities and activities of the Association; uniting and cooperating with other members to build stronger and stronger Association.
3. Protecting the prestige of the Association, not in the name of the Association in the transaction relations, unless assigned by the Association in writing.
4. Implementing the information and reporting regime according to the Association's regulations.
5. Paying full and timely the membership fee in accordance with the Association's regulations.

Article 11: Procedure and competence to admit members; procedure for leaving the Association

1. The Executive Committee shall specify the competence, order and procedures for admitting members and leaving the Association in accordance with the provisions of the Association's Charter and the provisions of law.
2. For Vietnamese citizens and organizations who have been members of the Association before the effective date of this Charter, they shall not be required to carry out the order and procedures for admission of members according to the provisions of this Charter.

Article 12: Volunteers

1. Vietnamese citizens who are not qualified to join the official members or the honorary members of the Association; foreigners who are living or working legally in Vietnam voluntarily join with the Association to provide care and assistance to people with disabilities and orphans recognized by the Association as volunteers.
2. The volunteers can participate in activities supporting people with disabilities and orphans organized by the Association.
3. The Association shall specify the competence and conditions for the order and procedures for the recognition of volunteers in accordance with the provisions of the Association's Charter and the provisions of law.

Chapter IV

ORGANIZATION AND OPERATION

Article 13: Organizational structure of the Association

1. Congress.
2. Executive Committee.
3. Managing Board
4. Standing Committee.
5. Inspection Board.
6. Office and specialized departments under the Association.
7. Legal persons and branches of the Association.

Article 14: Congress

1. The highest executive body of the Association is Term congress or Extraordinary congress. The Term congress is held every five (5) years. The Extraordinary congresses is convened when at least 2/3 (two thirds) of the total number of members of the Executive Committee or at least half (one / two) of the total number of members officially propose.
2. The Term congress or the Extraordinary congress shall be organized in the form of a Delegates Congress. The Delegates Congress is organized when more than half of the delegates are present.
3. Duties of the Congress:
4. a) Discussing and adopting Periodic summary report; directions, duties of a new term of the Association;
5. b) Discussing and adopting the Charter (amended and supplemented); change of name; division, separation, merger, consolidation and dissolution of the Association (if any);
6. c) Discussing and commenting on Review report of the Executive Committee and Financial Report of the Association;
7. d) Electing the Executive Committee and Inspection Board;

đ) Praising and commending collectives and individuals who have recorded outstanding achievements in the Association's activities according to the provisions of law and the Association's Charter.

1. e) Adoption of the resolution of the General Assembly.
2. Principle of voting at the Congress:
3. a) The Congress may vote in the form of a show of hands or a secret ballot. The form of voting is decided by the Congress;
4. b) The voting of the Congress's decisions must be approved by more than half of the delegates presenting at the Congress. Excepting for the cases stipulated in Article 29 of this Charter.

Article 15: Executive Committee

1. The Association's Executive Committee is elected by the Congress; among the members of the Association and the consultation, representatives of some agencies and organizations involved in activities related to people with disabilities and orphans are elected to participate into the Executive Committee; the number, structure and criteria of members of the Executive Committee shall be decided by the Congress. The term of the Executive Committee shall be the same as the term of the Congress.
2. A member of the Executive Committee is no longer the members of the following meetings:
3. a) The member of the Executive Committee is no longer the representative of the agency or organization related to orphans and people with disabilities that this consultation has elected the member to join the Executive Committee;
4. b) The member of the Executive Committee is the representative of the organization member and this organization member is dissolved or dissolves according to the provisions of law;
5. c) The member of the Executive Committee is a full-time member of the Association, but he/she cease to work full-time at the Association.
6. Tasks and powers of the Executive Committee:
7. a) Organizing and implementing resolutions of the Congress, the Association's Charter, leading activities of the Association between two congress sessions;
8. b) Preparing and deciding for convening the Congress;
9. c) Deciding on annual working programs and plans of the Association;
10. d) Deciding the organizational structure of the Association. Issuing the operational regulations of the Executive Committee, Inspection Board, Managing Board; Regulations on reward and discipline; Regulations on management and use of the Association's seal and internal regulations in conformity with the Association's Charter and the provisions of law.

đ) Deciding structure, number and election of the Managing Board; electing, dismissing the chairman, vice presidents; appointing, replacing and electing additional members of the Managing Board, members of the Executive Committee and members of the Inspection Board. The number of members of the Executive Committee to be elected additionally shall not exceed one third (1/3) of the number of the members of the Executive Committee as decided by the Congress;

1. e) Deciding the forms of reward according to the provisions of the Association's Charter and the provisions of law.
2. Principles of operation of the Executive Committee:
3. a) The Executive Committee operates under the regulations of the Executive Committee and complies with legal regulations and the Association's Charter;
4. b) The Executive Committee meets regularly 01 (one) time a year and holds special meetings or extraordinary meetings at the request of the Managing Board or the proposal of over half (one half) of the total number of members of the Executive Committee;
5. c) The meetings of the Executive Committee are valid when more than 1/2 (one half) of the members of the Executive Committee participate in the meeting. The Executive Committee may vote in the form of a show of hands or a secret ballot. The form of voting is decided by the Executive Committee. In case of necessity, between the two sessions, the Executive Committee shall vote through written opinions.
6. d) The resolutions and decisions of the Executive Committee shall be approved when more than 1/2 (one half) of the total number of members of the Executive Committee attend the meeting to vote for them. In cases where the number of opinions agreeing with the decision and the number of opinions disagreeing with the decision is equal, the decision shall belong to the party with the opinion of the President of the Association.

Article 16: Managing Board

1. The Managing Board of the Association is elected by the Executive Committee among the members of Executive Committee; the Managing Board of the Association consists of: Chairman, Vice Chairman and members; the number, structure and criteria of the members of Managing Board are decided by the Executive Committee. The term of the Managing Board shall be the same as the term of the Congress.
2. Tasks and powers of the Managing Board
3. a) Assisting the Executive Committee in implementing the resolutions of the Congress and the Association's Charter; organizing the implementation of annual resolutions, decisions, programs and plans of the Executive Committee; leading activities of the Association between the two meeting sessions of the Executive Committee.
4. b) Preparing contents and deciding to convene the members in the meetings of the Executive Committee;
5. c) Deciding on the establishment of organizations and units attached to the Association and prescribing functions, tasks, powers and organizational structure of these organizations; appointing and dismissing leaders of the organizations and the units attached to the Association.
6. Principles of operation of the Managing Board
7. a) The Managing Board shall operate in accordance with the regulations promulgated by the Executive Committee in accordance with the Laws and the Association's Charter;
8. b) The Managing Board meets regularly 02 (two) times a year and holds special meetings or extraordinary meetings at the request of the President of the Association or the proposal of over half (one half) of the total number of members of the Managing Board;
9. c) Meetings of the Managing Board are valid when more than 1/2 (one half) of the members of the Managing Board participate in the meeting. The Managing Board may vote in the form of a show of hands or a secret ballot. The form of voting is decided by the Managing Board. In case of necessity, between the two sessions, the Managing Board shall vote through written opinions.
10. d) The resolutions and decisions of the Managing Board shall be approved when more than 1/2 (one half) of the total number of members of the Managing Board attend the meeting to vote for them. In cases where the number of opinions agreeing with the decision and the number of opinions disagreeing with the decision is equal, the decision shall belong to the party with the opinion of the President of the Association.

Article 17: Standing Committee

1. The Standing Committee consists of a Chairman and Vice Presidents who are responsible for preparing and assisting the Standing Committee to perform the duties and powers as stipulated in Clause 2 of Article 16 of this Charter.
2. The Standing Committee operates in accordance with the Regulations promulgated by the Managing Board, in compliance with the laws, the Association's Charter and regulations.

Article 18: Inspection Board

1. The Inspection Board consists of the Head, Deputy Head and a number of members elected by the Congress among the members of the Executive Committee; the number, structure and criteria of the members of the Inspection Board shall be decided by the Congress. The term of the Inspection Board shall be the same as the term of the Congress.
2. Tasks and powers of the Inspection Board:
3. a) Inspecting and supervising the implementation of the Association's Charter and resolutions; resolutions and decisions of the Executive Committee, the Managing Board, the regulations of the Association, the organizations and the units attached to the Association;
4. b) Inspecting the financial collection and spending and use of the Association's assets. Considering, resolving petitions, complaints and denunciations of organizations, the members and citizens who send them to the Association in accordance with the law and the Association's Charter.
5. Principles for operation of the Inspection Board:
6. a) The Inspection Board shall operate according to the Regulation promulgated by the Executive Committee in compliance with the provisions of law and the Association's Charter;
7. b) The Inspection Board meets regularly 01 (one) time a year and holds special meetings or extraordinary meetings at the request of the Head of the Board or the proposal of over half (one half) of the total number of members of the Inspection Board;
8. c) The meetings of the Inspection Board are valid when more than 1/2 (one half) of the members of the Inspection Board participate in the meeting. The Inspection Board may vote in the form of a show of hands or a secret ballot. The form of voting is decided by the Inspection Board. In case of necessity, between the two sessions, the Inspection Board shall vote through written opinions.
9. d) The decisions of the Inspection Board shall be approved when more than 1/2 (one half) of the total number of members of the Inspection Board attend the meeting to vote for them

Article 19: President of the Association, Honorary President of the Association, Vice President of the Association

1. The President of the Association is the legal representative of the Association before the law and takes responsibility before the law for all activities of the Association. The President of the Association is elected by the Executive Committee among the members of the Managing Board. The President's criteria are defined by the Executive Committee and comply with the provisions of law and the Association's Charter.
2. Tasks and powers of the President of the Association
3. a) Performing the tasks and the powers according to the Regulation on operation issued by the Managing Board of the Association in compliance with the provisions of law and the Association's Charter.
4. b) Taking full responsibility before the competent bodies permitting the establishment of Association and state management agencies in the principal fields of activities of the Association, taking full responsibility before the Executive Committee and the Managing Board of the Association on all activities of the Association. Directing and managing all activities of the Association in accordance with the Association's Charter; resolutions of the Congress; resolutions and decisions of the Executive Committee and the Managing Board of the Association;
5. c) Presiding over the meeting sessions of the Executive Committee; directing the preparation, convening and presiding of the Managing Board of the Association;
6. d) On behalf of the Executive Committee and Managing Board to sign documents of the Association;

đ) When the President of the Association is absent, the direction and management to handle the works of the Association shall be authorized for a Vice President of the Association.

3. Honorary President of the Association is a prestigious Vietnamese citizen invited and honored by the Executive Committee of the Association.
4. Vice Presidents of the Association are elected by the Executive Committee among the members of the Managing Board of the Association. The criteria for Vice President of the Association shall be stipulated by the Executive Committee.

The Vice President assist the President of the Association in directing and managing the work of the Association as assigned by the President of the Association; to be responsible to the President of the Association and to the law for the areas of work assigned or authorized by the President of the Association. The Vice Presidents of the Association perform the duties and powers according to the Regulation of operation of the Executive Committee, the Managing Board and the Standing Committee, in compliance with the provisions of law and the Association's Charter.

Article 20: Office and specialized departments

1. The Association's Office is an assisting unit, carrying out activities of the Association in accordance with the provisions of the Charter and provisions of law. The Head of the Office helps the Association's leaders in managing daily activities of the Association's Office. Employees of the Office are recruited and work under labor contracts.
2. The specialized departments of the Association are established by the Managing Board to carry out the tasks and the Charter of the Association in accordance with the resolutions of the Executive Committee, the Association's Charter and the provisions of law.
3. The appointment and dismissal of the head and deputy head of the Office and the specialized departments shall be in accordance with the provisions of law, the Charter and the Regulations of the Association.

Article 21: Organizations with the legal standing and Branches directly under the Association

1. Based on the resolutions of the Executive Committee and the law, the Managing Board considers and decides the establishment of organizations with the legal standing directly under the Association to carry out its tasks. Records on the conditions, order and procedures for the establishment of organizations with the legal standing directly under the Association shall comply with the provisions of law and the Association's Charter.

The dissolution, merger, division, separation; management and operation; appointment, dismissal, commendation and discipline of the head and the deputy head of the organizations with legal standing directly under the Association shall be implemented in accordance with the law, the Charter and the Regulations of the Association.

2. The branches directly under the Association shall be considered and decided by the Managing Board in organizations and localities with at least 20 (twenty) members and regulations on organization and operation of the branches in accordance with Association's Charter and the law. The branches directly under the Association have no legal standing and seals.

Chapter V

DIVISION, SEPARATION; MERGER; CONSOLIDATION; RENAMING AND DISSOLUTION

Article 22: Division, separation; merger; consolidation; renaming of the Association

The division, the separation; the merger; the consolidation; the renaming of the Association shall be implemented in accordance with the provisions of the Civil Code, the law on the Association, resolutions of the Congress and relevant provisions of the law.

Article 23: Dissolution

1. The Association shall dissolve by itself at the request of over 1/2 (one-half) of the total number of its official members.
2. The Association is dissolved by a decision of a competent state agency when the Association is in serious breach or the Association has not been operating for at least twelve (12) months.
3. Orders, procedures and documents for dissolution of the Association, the settlement of assets and finance upon the dissolution of the Association shall comply with the provisions of the Civil Code, the law on the Association and resolutions of the Congresses, The Association's Charter and relevant provisions of the law.

Chapter VI

FINANCE AND ASSETS

Article 24: Finance of the Association

1. Income sources of the Association:
2. a) Annual membership fees and donations contributed by the members;
3. b) From activities of the Association in accordance with the law;
4. c) Money and donations to support the Association of organizations and individuals at home and abroad according to the provisions of law;
5. d) Support from the State in connection with assigned tasks and in accordance with the law;

đ) Other lawful revenues.

2. Expenses of the Association:
3. a) Activities of the Association; activities for supporting people with disabilities, orphans and other disadvantaged people;
4. b) Rent of working offices, procurement of working facilities;
5. c) Supporting activities of managing and implementing regimes and policies toward those working in the Association in accordance with the provisions of law and Association's Charter, the regulations of the Association;
6. d) Propagation, commendation, praise, fostering and training;

đ) Other legal expenses.

Article 25: Assets of the Association

The Association's assets include head office, equipment and facilities for the Association's activities. The Association's assets are formed from the funds of the Association, from domestic and foreign organizations and individuals who donated in accordance with the provisions of law; or supported by the State (if any).

Article 26: Management and use of finance and assets of the Association

1. The finance and the assets of the Association shall be used only for activities of the Association.
2. The finance and the assets of the Association, when divided or separated; merged; consolidated and dissolved, will be resolved in accordance with the law.
3. The Association's management and use of the finance and the assets shall comply with the Regulation on the management and use of the finance and the assets of the Association, ensuring the principle of publicity, transparency and thriftiness in accordance with the provisions of law and the principles and purposes of the Association's activities.

Chapter VII

REWARDS AND DISCIPLINES

Article 27: Rewards

1. Organizations, units, members of the Association, and other collectives and individuals who have made many contributions to the activities of supporting the people with disabilities and orphans are rewarded by the Association or proposed by the Association to competent agencies or organizations for commendation in accordance with the provisions of law.
2. The Executive Committee of the Association shall specify the form, competence and procedures for internal rewards in accordance with the laws and the Association's Charter.

Article 28: Disciplines

1. In cases where the organizations, units and members of the Association are in breach of laws; the Charter and regulations and Operation regulations of the Association, depending on the level of violation, these organizations, units and members will be criticized, reprimanded, cautioned and cleared membership or must pay compensation in accordance with the law. The members who violate the law and are prosecuted are of course no longer members.
2. The Executive Committee of the Association shall specify the competence and procedures for disciplinary review within the Association in accordance with the law and the Association's Charter.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 29: Amendments and supplements to the Charter

Only the Delegates Congress of the Association for the Support of Vietnamese Disability and Orphans has the right to amend and supplement this Charter. The amendment and supplement of the Association's Charter must be approved by more than 2/3 (two thirds) of the delegates presenting at the Congress.

Article 30: Enforcement effect

1. The Charter of the Association for the Support of Vietnamese Disability and Orphans consists of 08 (eight) Chapters, 30 (thirty) Articles passed by the National Delegates Congress of the Association on April 14, 2017 in Hanoi and it shall take effect under the approval decision of the Minister of the Interior.
2. Pursuant to the law on the Association and the Association's Charter, the Executive Committee of the Association for the Support of Vietnamese Disability and Orphans shall have to guide and organize the implementation of this Charter./.

 FOR MINISTER

DEPUTY MINISTER

(Signed and sealed)

TRAN ANH TUAN