DECISION

GRANTING APPROVAL FOR CHARTER OF VIETNAM COOPERATIVE ALLIANCE

THE PRIME MINISTER

Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Cooperatives dated November 20, 2012;

At the request of the Minister of Home Affairs in the Document No. 2015/TTr-BNV dated May 10, 2021 granting approval for Charter of Vietnam Cooperative Alliance.

HEREBY DECIDES:

Article 1. The Charter of the Vietnam Cooperative Alliance passed by the 6^th National General Congress of the Vietnam Cooperative Alliance on December 21, 2020 is approved.

...

...

...

Article 3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of People’s Committees of provinces and central-affiliated cities, the President of the Vietnam Cooperative Alliance, agencies and units concerned are responsible for the implementation of this Decision./.

PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER




Le Minh Khai

CHARTER OF VIETNAM COOPERATIVE ALLIANCE

(Enclosed with the Prime Minister’s Decision No. 1328/QD-TTg dated July 23, 2021)

Under the leadership of the Communist Party of Vietnam, over a half-century of its existence and development, the collective economy in which cooperatives play a key role has made a significant contribution to the cause of national liberation, construction and defense of the socialist Vietnamese motherland, together with the state economy, has become a strong backbone of the national economy. The Vietnam Cooperative Alliance (hereinafter referred to as “VCA”) is an organization which represents cooperatives, cooperative unions, cooperative groups and other organizations that voluntarily participate in; follows the Party’s guidelines and State’s policies and laws on collective economy development.

Chapter I

...

...

...

Article 1. Name

1. Vietnamese name: Liên minh Hợp tác xã Việt Nam.

2. English name: Vietnam Cooperative Alliance.

3. Abbreviated name in English: VCA.

Article 2. Guidelines and purposes

VCA is an organization which represents cooperatives, cooperative unions, cooperative groups and other organizations established in accordance with law and operating in the area of collective economy and cooperatives that voluntarily participate in (hereinafter referred to as “members”); protects the legitimate rights and interests of members, is assigned tasks by the Communist Party and the State, plays a key role and boosts the development of collective economy and cooperatives and serves as a bridge between the Party, the State and the collective economy sector, contributing to the cause of national socio-economic development.

Article 3. Legal status, head office and logo

1. VCA has its own legal status, seal and account and operates under Vietnam’s laws and this Charter.

2. VCA’s head office is located in Hanoi City - the capital of the Socialist Republic of Vietnam.

...

...

...

Article 4. Scope of operation

1. VCA extends its operation across the country.

2. VCA is a member of the Vietnamese Fatherland Front; is entitled to accede to respective regional and international organizations to become their members as prescribed by law.

Article 5. Principles of organization and operation

1. Adhere to the Party’s guidelines, Constitution, laws and this Charter.

2. Ensure comprehensive and continuous leadership of the Party and unified management of the State as prescribed by law.

3. Ensure voluntariness, democracy, equality, openness, transparency and unification between objectives and actions.

4. Promote cooperation and connection for the sustainable development of cooperatives, cooperative unions, cooperative groups and communities.

5. VCA system includes VCA and cooperative alliances of provinces and central-affiliated cities (hereinafter referred to as “provincial cooperative alliances (PCAs)”) are organized and operate according to the VCA’s Charter.

...

...

...

FUNCTIONS AND TASKS

Article 6. Functions

1. Represent, look after and protect the legitimate rights and interests of members; represent members in relationships with domestic and foreign organizations according to regulations of law.

2. Disseminate the Party’s guidelines and State’s policies and laws on collective economy and cooperatives.

3. Propose and request participation in the formulation of Party’s guidelines, State’s policies and laws, programs and projects related to the development of collective economy and cooperatives.

4. Provide advice and assistance, perform public services and economic activities in service of the development of collective economy and cooperatives; develop harmonious and sustainable industrial relations among cooperatives, cooperative unions and cooperative groups.

5. Gather, connect and instruct members in a spirit of cooperation and assistance for mutual benefits; join hands to develop VCA system in a sustainable manner.

Article 7. Tasks

1. Organize dissemination and implementation of the Party’s guidelines and State’s policies and laws on collective economy and cooperatives.

...

...

...

3. Instruct members to implement the Party’s guidelines and State’s policies and laws on development of collective economy and cooperatives.

4. Cooperate with ministries, agencies and organizations in formulating and effectively implementing strategies, planning, plans, projects, schemes and programs for socio-economic development in connection with the development of collective economy and cooperatives.

5. Gather opinions and aspirations of members to submit proposals and recommendations to central and local competent authorities.

6. Obtain authorization and act on behalf of members to perform their duties and implement measures to protect the legitimate rights and interests of members as prescribed by law.

7. Encourage the development of collective economy and cooperatives; build and multiply effective collective economy and cooperative models in fields, business lines and provinces nationwide. Consider piloting and transferring new business models; assist in the development of network of organizations and members within VCA system.

8. Provide advice, assistance and public services to members on legal issues, investment, science and technology, training, information, finance, credit, market, audit, insurance, goods quality inspection and other fields as prescribed by law.

9. Organize economic activities with a view to developing VCA and supporting members; mobilize legal domestic and international resources for investment in and development of collective economy and cooperatives as prescribed by law.

10. Join international organizations and non-governmental organizations, develop cooperative relationships with organizations in other countries under regulations of law; receive and organize the implementation of programs and projects for provision of assistance and aid for the development of collective economy and cooperatives under regulations of law.

11. Gather and connect members to develop capacity of members; consolidate and renew its organizational structure and operations; provide training and refresher training to officials and organize emulation campaigns within VCA system.

...

...

...

13. Perform the tasks in development of collective economy and cooperatives assigned or authorized by the Party, State, Government, ministries and local governments.

14. Perform other tasks as prescribed by law.

Chapter III

MEMBERS

Article 8. Members of VCA

1. VCA has official members, associate members and honorary members.

2. Official members are cooperatives, cooperative unions, cooperative groups, socio-professional organizations representing cooperatives by their fields and business lines and business organizations related to collective economy and cooperatives nationwide that voluntarily accede to and approve the VCA’s Charter.

3. Associate members are business organizations, socio-professional organizations, social organizations, associations, research institutes, training institutions and other organizations (other than those in Clause 2 of this Article) nationwide that voluntarily accede to and approve the VCA’s Charter.

4. Honorary members are Vietnamese citizens and reputable organizations that have made great contributions to the performance of VCA’s tasks.

...

...

...

6. Standards, conditions and procedures for accession shall be prescribed by the VCA’s Executive Committee in accordance with regulations of law and this Charter.

Article 9. Rights of members

1. VCA shall:

a) Protect legitimate rights and interests of members as prescribed by law;

b) Provide assistance, advice and services to facilitate the development of production and business; assist members when they encounter difficulties;

c) Assist in providing training and refresher training to officials and employees of members as prescribed by law;

d) Provide information relating to collective economy, cooperatives and activities of VCA;

dd) Provide rewards or request a competent authority or organization to provide rewards in accordance with the laws;

2. Participate in the following activities:

...

...

...

b) Participate in economic activities of VCA, enjoy legitimate rights and benefits as prescribed by law;

c) Other activities organized by VCA.

3. Represent the elected official members to attend the VCA’s National General Congress; stand for election, nominate or elect other members to the Executive Committee and Inspection Committee of VCA; discuss other affairs of VCA in accordance with regulations laid down by VCA.

4. Cease to be a member of VCA upon a written request and in accordance with this Charter.

Article 10. Obligations of members

1. Abide by the Party’s guidelines, State’s policies and laws, Charter, Resolutions and regulations laid down by VCA.

2. Participate in activities of VCA system; unite and cooperate with members to realize common objectives and interests.

3. Protect the reputation of VCA system; do not act on behalf of VCA when performing business transactions, unless authorized in writing by VCA.

4. Comply with reporting regulations in accordance with regulations imposed by VCA.

...

...

...

Article 11. Membership termination

1. The membership shall terminate upon:

a) Dissolution;

b) Bankruptcy;

c) Voluntarily ceasing to be a member;

d) Other cases prescribed by the VCA’s Executive Committee.

2. After ceasing to be a member, the organization or individual shall fulfill all obligations, tasks or commitments (if any) that have not been completed during the membership period.

Article 12. Rights and obligations of associate members and honorary members

Associate members and honorary members enjoy the same rights and obligations as official members, except for the right to vote on the VCA’s issues and the right to stand for election, nominate or elect other members to the Executive Committee or the Inspection Committee of VCA.

...

...

...

ORGANIZATIONAL STRUCTURE AND OPERATION

Article 13. Organizational structure

The organizational structure of VCA is composed of:

1. National General Congress.

2. Executive Committee.

3. Steering Committee.

4. Standing Committee (including the President and Vice Presidents).

5. Inspection Committee.

6. VCA agencies.

...

...

...

1. The National General Congress is the supreme governing body of VCA.

2. The National General Congress shall be held by term or on an extraordinary basis. The term-based Congress is held every 5 years. The extraordinary Congress is convened at the request of at least 2/3 (two thirds) of total number of VCA’s Executive Committee members. The Congress is convened by the VCA’s Executive Committee.

3. The term-based or extraordinary Congress is organized when more than 1/2 (one half) of the official delegates are present.

4. Tasks of the Congress

a) Discuss and approve the final report, directions, objectives and tasks for the next term;

b) Discuss and approve the term review report of the Executive Committee, Steering Committee, Standing Committee and Inspection Committee;

c) Discuss and approve amendments (if any) to the Charter;

d) Elect the Executive Committee; the Inspection Committee;

dd) Other contents (if any);

...

...

...

5. Voting principles of the Congress

a) The Congress shall vote by show of hands or secret ballot; the form of voting shall be decided by the Congress;

b) Resolutions or Decisions of the Congress are adopted when more than 1/2 (one half) of the total official delegates present at the Congress give approval therefor, unless otherwise prescribed in Point c Clause 5 of this Article;

c) Any amendment to the Charter must be approved by more than 2/3 (two thirds) of the total number of official delegates present at the Congress.

Article 15. Executive Committee

1. The Executive Committee is the governing body of VCA between the two Congresses and elected by the National General Congress. The number and structure of and standards to be satisfied by members of the Executive Committee shall be decided by the Congress. The term of the Executive Committee is the same as that of the Congress.

2. Tasks and powers of the Executive Committee

a) Organize the implementation of Resolutions of the Congress and the Charter;

b) Lead and approve the preparation of contents of the Congress; convene the Congress in accordance with the Charter;

...

...

...

d) Approve the annual report and decide on the objectives, tasks and solutions for the following year;

dd) Promulgate operating regulations of the Executive Committee, Steering Committee, Standing Committee and Inspection Committee and the Regulation on emulation, rewarding and discipline imposition;

e) Elect members of the Steering Committee, President and Vice Presidents; members of the Inspection Committee, Chairman/Chairwoman and Vice Chairmen/Vice Chairwomen of the Inspection Committee;

g) Elect additions, dismiss and discharge members of the Executive Committee, members of the Steering Committee, the President, Vice Presidents, members of the Inspection Committee, Chairman/Chairwoman and Vice Chairmen/Vice Chairwomen of the Inspection Committee between the two Congresses;

h) Prescribe standards, conditions and procedures for member admission; conditions and procedures for membership termination;

i) Perform emulation, rewarding and discipline work in accordance with regulations of law, Charter and regulations of the Executive Committee.

3. Operating principles of the Executive Committee

a) Comply with and operate according to the State’s guidelines, regulations of laws, Charter and regulations of the Executive Committee;

b) The Executive Committee organizes regular meetings twice a year in the middle of the year and at the end of the year; the Executive Committee shall organize an extraordinary meeting at the request of the Steering Committee or more than 1/2 (one half) of the total Executive Committee members. Where necessary, the VCA’s President shall send enquiries to the Executive Committee members according to operating regulation of the Executive Committee;

...

...

...

dd) When a member of the Executive Committee no longer holds a position in the organization that is a candidate to be elected to the Executive Committee, such member is automatically not a member of the Executive Committee.

Article 16. Steering Committee

1. The Steering Committee is the governing body of VCA between the two meetings of the Executive Committee, elected by the Executive Committee among the Executive Committee members. The Steering Committee consists of a President, Vice Presidents and members; number and structure of and standards to be satisfied by the Steering Committee members shall be decided by the Executive Committee; the term of the Steering Committee is the same as that of the Congress.

2. Tasks and powers of the Steering Committee

a) Assist the Executive Committee in implementing the resolutions of the Congress and the Charter; organize the implementation of resolutions of the Executive Committee;

b) Provide guidance on formulation of regulations, organizational structure and operation of PCAs;

c) Prepare agenda and contents of the meeting of the Executive Committee and the National General Congress of VCA;

d) Convene regular and extraordinary meetings of the Executive Committee;

dd) Decide on the participation by VCA in domestic and international organizations as prescribed by law;

...

...

...

3. Operating principles of the Steering Committee

a) Comply with and operate according to the State’s guidelines, regulations of laws, Charter and regulations promulgated by the Executive Committee;

b) The Steering Committee organizes regular meetings every 03 months at the end of each quarter; the Steering Committee shall organize an extraordinary meeting at the request of the VCA’s Standing Committee or more than 1/2 (one half) of the total Steering Committee members. Where necessary, the VCA’s President shall send enquiries to the Steering Committee members according to operating regulation promulgated by the Executive Committee;

c) The Steering Committee’s meeting is valid when more than 1/2 (one-half) of the total Steering Committee members attend the meeting;

d) Resolutions and Decisions of the Steering Committee are adopted when more than 1/2 (one half) of total Steering Committee members give approval therefor; the form of voting by showing hands or secret ballot shall be decided by the Steering Committee; in case of a tie, the VCA’s President shall have the casting vote.

Article 17. Standing Committee

1. The Standing Committee is composed of a President and Vice Presidents.

2. Tasks and powers of the Standing Committee

a) Manage and handle daily and regular affairs of VCA and unexpected issues that arise within power of the Executive Committee and Steering Committee between the two meetings; report such issues to the Steering Committee at the latest meeting;

...

...

...

c) Convene regular and extraordinary meetings and the Steering Committee;

d) Proactively cooperate with ministries, branches and central organizations in performing tasks within jurisdiction of VCA; heighten public awareness of and organize the effective implementation of the Party’s guidelines and State’s policies and laws on collective economy and cooperatives;

dd) Preside over and cooperate with provincial party committees and authorities in formulating and implementing plans, programs, schemes, projects and solutions for the development of collective economy and cooperatives; cooperate in organization and operation of PCAs;

e) Decide the allocation, use and settlement of state budget in accordance with regulations of law; mobilize lawful resources for development of cooperative economy and cooperatives and operation of VCA;

g) Organize and manage assistance boards and organizations with legal status affiliated to VCA;

h) Direct, provide guidance on, supervise and facilitate the operation of PCAs and their members;

i) Represent VCA at domestic and foreign agencies and organizations as prescribed by law.

Article 18. President and Vice Presidents

1. The President and Vice Presidents shall be elected by the Executive Committee among the Steering Committee members.

...

...

...

3. Tasks and powers of the President

a) Exercise his/her tasks and powers according to the Operating Regulation promulgated by the Executive Committee;

b) Be responsible to the Party and State, Government, Prime Minister, Executive Committee and Steering Committee for operation of VCA; direct and manage activities of VCA in accordance with the Charter, Resolution of the Congress, resolutions, decisions and regulations of the Executive Committee, Steering Committee and Standing Committee;

c) Convene and direct the preparation for and chair meetings of the VCA’s Standing Committee; direct the preparation for and chair meetings of the Executive Committee and Steering Committee;

d) Act on behalf of the Executive Committee, Steering Committee and Standing Committee and within its power, sign documents within the ambit of functions and tasks of VCA;

dd) Assign Vice Presidents to be in charge of tasks, fields and affairs within the functions and tasks of VCA;

e) In the absence of the President, 01 Vice President shall be authorized in writing to be in charge of direction and administration of affairs.

4. The Vice Presidents shall assist the President in directing and administering the affairs as assigned by the President; be responsible to the President and the law for the fields and tasks assigned or authorized by the President. The Vice Presidents shall exercise his/her tasks and powers in accordance with the regulations of the Party, laws of the State, Charter and operating regulations of the Executive Committee, Steering Committee and Standing Committee and as assigned by the President.

Article 19. Inspection Committee

...

...

...

2. Tasks and powers of the Inspection Committee

a) Inspect and supervise the implementation of the Charter and Resolutions of the Congress, Executive Committee and Steering Committee; supervise the implementation of plans, programs, schemes and projects of VCA; inspect and supervise the financial management by VCA (except for funding covered by the state budget);

b) Provide professional guidance and training in inspection, expedite the reporting by, receive and consolidate reports of Inspection Committees of PCAs; assign and cooperate with inspection committees of PCAs to protect the legitimate rights and interests of members according to the regulations promulgated by the Executive Committee;

c) Propose forms of discipline to collectives and individuals committing violations;

d) Safeguard the legitimate rights and interests of members;

dd) Settle, propose and recommend measures to settle denunciations and complaints in relation to the legitimate rights and interests of members as prescribed by law;

e) Submit to the Congress, Executive Committee and Steering Committee reports on its exercise of tasks and rights and response to proposals.

3. Working principles of the Inspection Committee

The Inspection Committee is under the direction of the Executive Committee and Steering Committee; operates according to the regulations promulgated by the Executive Committee; Resolutions or Decisions of the Inspection Committee are adopted when more than 1/2 (one half) of the total Inspection Committee members give approval therefor.

...

...

...

1. VCA agencies consist of the Standing Committee, Office, specialized departments and organizations with legal status established as per laws.

2. Office, representative offices, specialized departments, units and organizations with legal status under VCA are organized and operate according to regulations of law and regulations of the Standing Committee.

Article 21. Advisory Council of VCA

The Advisory Council comprises experts, scientists and managers who are fully qualified, knowledgeable and capable of and enthusiastic about collective economy and cooperatives. The Advisory Council is responsible for advising the Steering Committee and Standing Committee to effectively fulfil their functions and tasks and exercise their powers according to the Charter. The Steering Committee shall decide the organizational structure and promulgate operating regulation of the Advisory Council.

Chapter V

PROVINCIAL COOPERATIVE ALLIANCES

Article 22. Organizational structure and operation

1. PCAs are established in provinces and central-affiliated cities under VCA under the leadership and direction of provincial party committees and city party committees, the state management of provincial People's Committees and the direction and guidance of VCA.

2. Organizational structure and operation of PCAs shall comply with the PCAs’ Charters approved by the Chairmen/Chairwomen of provincial People's Committees. Contents, format and effect of a PCA’s Charter shall be consistent with those of the VCA’s Charter.

...

...

...

4. Congress of the PCA:

a) The PCA shall organize its congress according to the term of the VCA’s Congress; the organization of the Plenary Congress or the General Congress of Members shall be decided by the VCA’s Executive Committee;

b) The Congress of the PCA shall perform its tasks in accordance with Article 14 of this Charter, discuss and give opinions on the instruments of the VCA’s Congress, Charter (amended) and elect delegates to attend the VCA’s National General Congress.

5. The President and Vice Presidents of the PCA shall be elected by the PCA’s Executive Committee among the Steering Committee members.

6. The Inspection Committee is elected by the Congress. The Chairman/Chairwoman and Vice Chairmen/Vice Chairwomen of the Inspection Committee shall be elected by the PCA’s Executive Committee. The Chairman of the Inspection Committee is a member of the Steering Committee. The term of the Inspection Committee is the same as that of the Congress. The additional election, dismissal and discharge of Chairman/Chairwoman, Vice Chairmen/Vice Chairwomen and members of the Inspection Committee between the two Congresses shall be decided by the PCA’s Executive Committee. The PCA’s Inspection Committee shall operate according to the Regulation promulgated by PCA, regulations promulgated by VCA and operating regulation of the VCA’s Inspection Committee.

7. PCA shall notify VCA before and after electing Executive Committee members, Steering Committee members, President, Vice Presidents, Inspection Committee members, Chairman/Chairwoman and Vice Chairmen/Vice Chairwomen of the Inspection Committee.

8. PCA agencies include:

a) Standing Committee;

b) Assistance departments and boards;

...

...

...

9. The PCA may establish an advisory council.

Article 23. Assets and finance

Assets and finance of PCAs shall comply with the regulations laid down in Articles 24 and 25 of this Charter.

Chapter VI

ASSETS AND FINANCE

Article 24. Assets and finance of VCA

1. VCA’s assets include head office, working equipment and other lawful assets of VCA and its affiliated organizations with legal status. These assets are derived from the state funding and assistance; fees collected from economic activities and services of VCA and organizations with legal status under Vietnam Cooperative Alliance as prescribed by law and aid, sponsorship and donations provided by domestic and foreign organizations and individuals as prescribed by law.

2. Finance

a) Revenues, including:

...

...

...

- Membership fees paid by members.

- Revenues from economic activities and services of VCA and its affiliated units.

- Fund raising activities, contributions, aid, sponsorship, donations and gifts from members, domestic and foreign organizations and individuals prescribed by law.

- Other legal revenues.

b) Expenditures, including: those on activities within jurisdiction of VCA and prescribed by relevant regulations of law.

Article 25. Management and use of assets and finance

1. Management and use of public property shall comply with regulations of law on management and use of public property.

2. The VCA’s Standing Committee shall promulgate Regulation on management and use of finance and assets, ensuring the principles of publicity, transparency and thrift in accordance with regulations of law, operating guidelines and purposes.

Chapter VII

...

...

...

Article 26. Rewarding

Members, organizations and individuals within VCA system, related organizations and individuals with outstanding achievements in the development of collective economy and cooperatives and building VCA system shall be rewarded or proposed for a reward by VCA as prescribed.

Article 27. Discipline imposition

Any VCA’s organization or individual that violates the Charter, Resolution of the Congress or regulations of VCA and law, adversely affecting the reputation or causing material damage to VCA may incur a disciplinary action and shall, at the same time, take responsibility for taking remedial actions and provide compensation as prescribed.

Chapter VIII

IMPLEMENTATION CLAUSE

Article 28. Implementation

1. The VCA’s Executive Committee shall organize and provide guidance on the implementation of this Charter.

2. Members, organizations and individuals within VCA system are responsible for the implementation of this Charter.

...

...

...

Article 29. Effect

The VCA’s Charter including 08 Chapters and 29 Articles was passed by the 6th National General Congress during its 2020 - 2025 term on December 21, 2020 and comes into force from the date on which the Prime Minister signs the decision on approval./.