DECISION

CHANGING THE VIETNAMESE NAME OF VIETNAM CHAMBER FOR COMMERCE AND INDUSTRY (VCCI) FROM “PHÒNG THƯƠNG MẠI VÀ CÔNG NGHIỆP VIỆT NAM" INTO “LIÊN ĐOÀN THƯƠNG MẠI VÀ CÔNG NGHIỆP VIỆT NAM” AND APPROVING ITS CHARTER

THE PRIME MINISTER

Pursuant to the Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to the Law on Right to Establish Associations dated May 20, 1957;

Pursuant to Government’s Decree No. 45/2010/ND-CP dated April 21, 2010 on organization, operation and management of associations; Government’s Decree No. 33/2012/ND-CP dated April 13, 2012 on amendments to some Articles of Decree No. 45/2010/ND-CP;

At request of the Minister of Home Affairs; 

HEREBY DECIDES:

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Article 2. The Charter of Vietnam Chamber for Commerce and Industry (VCCI) ratified by the 17^th National General Congress for the 2021-2026 tenure on December 31, 2021 is approved.

Article 3. This Decision comes into force from the date on which it is signed and replaces Decision No. 2177/QD-TTg dated November 11, 2016 of the Prime Minister on approval for Charter of Vietnam Chamber for Commerce and Industry (VCCI).

Article 4. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of People's Committees of provinces and central-affiliated cities, the President of Vietnam Chamber for Commerce and Industry (VCCI) and relevant agencies and units shall be responsible for implementation of this Decision.

PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Pham Binh Minh

CHARTER

VIETNAM CHAMBER FOR COMMERCE AND INDUSTRY (VCCI)
(Enclosed with Decision No. 1496/QD-TTg dated November 30, 2022 of the Prime Minister)

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GENERAL PROVISIONS

Article 1. Name and logo

1. Vietnamese name: Liên Đoàn Thương Mại và Công Nghiệp Việt Nam.

2. English name: Vietnam Chamber of Commerce and Industry

3. Abbreviated name in English: VCCI.

4. VCCI has its own logo copyrighted as prescribed by law.

Article 2. Guidelines and purposes

Vietnam Chamber of Commerce and Industry (VCCI) is a national organization which assembles and represents business community, entrepreneurs, employers and business associations in Vietnam (hereinafter referred to as “business community”) with a view to developing, protecting and assisting the business community, building progressive, harmonious and stable labor relations, contributing to socio-economic development of Vietnam, and promoting economic-trade and science-technology cooperation relations between Vietnam and foreign countries on the basis of equality and mutual benefits in accordance with regulations of law.

Article 3. Legal status and head office

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2. VCCI’s head office is located in Hanoi.

Article 4. Scope and principles of organization and operation

1. VCCI extends its operation across the country in accordance with the law on associations, relevant laws and this Charter.

2. VCCI is subject to state management by competent authority according to regulations of law.

3. VCCI is organized and operates according to the following principles:

a) Voluntariness, self-governance and not-for-profit operation;

b) Democratic consultation;

c) Democracy, equality, openness;

d) Compliance with the Constitution, the law and this Charter.

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FUNCTIONS AND TASKS

Article 5. Functions

VCCI has the following functions:

1. Act as a representative to promote and protect legitimate interests of the Vietnam Business Community in domestic and international relations; provide guidance and assist the business community in fulfilling its obligations and responsibilities to the State and society.

2. Promote the development of the business community; promote and support trade, investment, science-technology cooperation and other business activities of the business community in Vietnam and foreign countries; act as a representative, protect legitimate rights and interests of employers, and participate in the development of progressive, harmonious and stable labor relations.

Article 6. Tasks

VCCI has the following tasks:

1. Collect information and opinions, research the actual situation and make recommendations to the Communist Party and State on issues related to law, policies, and strategies for socio-economic development in order to improve the business environment and build progressive, harmonious and stable labor relations; organize forums, dialogues, meetings, act as a focal point to make connection among enterprises, and act as a bridge between the business community, the Communist Party and State’s agencies and other relevant domestic and foreign organizations to cooperate in implementation, exchange of information and opinions, and proposal for solutions to settlement of problems and improvement of policies and laws related to enterprises, business environment and labor relations.

2. Act as a representative of the business community to participate in development and promulgation of legal documents related to enterprises, business activities and labor relations in various forms according to regulations of law.

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4. Perform the role of an central representative organization of Vietnamese employers in participation in tripartite institutions on labor relations, provide guidance and support for development and connection among employers' organizations at sectoral and local levels; cooperate with representative organizations of employees and relevant agencies and units in assisting enterprises and employers in building progressive, harmonious and stable labor relations according to regulations of the law.

5. Conduct activities to protect the legitimate rights of the business community in domestic and international business relations according to regulations of law; provide advice and participate in assistance in settling problems and recommendations of the business community and managing agencies during business and law enforcement.

6. Publish, disseminate and provide advice on enforcement of policies and laws; disseminate, provide and give support for business and scientific - technical information to the business community.

7. Organize encouragement to the business community to improve social responsibility, build business ethics and culture, protect the environment and participate in other social activities related to activities of Vietnam Chamber of Commerce and Industry in accordance with regulations of law.

8. Support establishment and cooperation in increase in operational capacity and linkage among business associations in Vietnam.

9. Cooperate with relevant domestic organizations and units; cooperate with foreign organizations of the business community, sign and implement international cooperation agreements, and participate in international organizations in accordance with regulations of law.

10. Organize training and refresher training to develop human resources for enterprises and business associations, increase management and business capacity for entrepreneurs, and build a team of dynamic and effective entrepreneurs.

11. Conduct activities to develop and support the development and promotion of national product brands, and enhance the reputation of goods, services, business community and environment in Vietnam.

12. Organize startup support and business development activities; assist enterprises in accessing development resources; assist enterprises in developing business and investment relationships at home and abroad by various methods, including connection and introduction of trade partners, provision of information, guidance and advice for enterprises, and organization of market research and survey, seminars, conferences, fairs, exhibitions, advertisement and other trade and investment promotion activities at home and abroad in accordance with regulations of law.

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14. Take charge or organize activities to honor and give noble awards to enterprises, entrepreneurs, units and individuals that have made great contributions to the development of the business community and the economy according to regulations of law.

15. Support registration and protection of intellectual property rights and technology transfer in Vietnam and foreign countries according to regulations.

16. Issue certificates of origin to Vietnamese exports as authorized by competent state agencies; confirm force majeure cases, and certify and confirm other necessary documents in commercial activities upon the voluntary request of the parties in transactions or upon the request or authorization by competent agencies and organizations at home and abroad.

17. Assist domestic and foreign enterprises in resolving disagreements and disputes by negotiation, conciliation or arbitration in accordance with the law.

18. Perform other tasks and activities as prescribed per the law or as assigned or authorized by competent authorities.

Chapter III

MEMBERSHIP

Article 7. Conditions applicable to members and membership structure

1. Members of VCCI are organizations and individuals that satisfy conditions specified in this Article, agree with the Charter of VCCI, voluntarily participate in and gain acceptance or receive invitation to VCCI under this Charter and VCCI’s regulations.

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a) Full members are enterprises and business associations (industry associations that operate nationwide or within inter-provincial regions, business associations of provinces and central-affiliated cities, other business associations and associations), economic organizations, professional organizations which serve business activities that are registered and legally operate in Vietnam. Such enterprises, associations and organizations shall satisfy the conditions applicable to full members according to regulations of law on associations;

b) Associate members are other enterprises and organizations that conduct registration and legally operate in Vietnam. They are not eligible for full members according to regulations in Point a of this Clause;

c) Honorary members are Vietnamese citizens and organizations that make great contributions to VCCI’s tasks.

Article 8. Rights of members

1. A full member has the following rights:

a) Participate in member conferences in regions;

b) Participate in the General Congress if appointed by consultative member conference;

c) Vote or carry out ballot in the Congress (if that member is an official delegate);

d) Be nominated or stand for election to the Executive Committee;

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e) Request VCCI to provide assistance and protect legitimate rights and interests when those are infringed;

g) Be provided with services of consultancy, information supply, trade promotion, investment, image promotion, training and other services and support by VCCI with discount or free of charge;

h) Receive noble awards according to VCCI’s regulations;

i) Cease to be a member of VCCI if it finds itself unable to continue to or no longer wishes to participate in VCCI.

2. Associate members and honorary members have all rights specified in Clause 1 of this Article, except for those in Points c and d.

Article 9. Obligations of members

1. A full member or associate member has the following obligations:

a) Pay entry and membership fees according to regulations of the Executive Committee

b) Abide by resolutions and decisions made by the Congress and the Executive Committee;

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d) Express solidarity and cooperate with other members to jointly follow guidelines and achieve purposes of VCCI;

dd) Protect the reputation of VCCI, do not carry out activities and transactions in the name of VCCI unless authorized by the President of VCCI in writing;

e) Implement information and reporting regime according to VCCI’s regulations.

2. Associate members specified in Clause 3 Article 13 of this Charter and honorary members have all obligations specified in Clause 1 of this Article, except for the obligation specified in Point a.

Article 10. Procedures for granting membership

1. The Standing Committee considers deciding to grant membership to full and associate members.

2. Upon request of the Standing Committee, the Executive Committee decides to invite honorary members of VCCI

3. In case of refusal, relevant organizations and individuals may file complaints and send them to the Inspection Committee.  In case of complainants disagree with the complaint handling decision of the Inspection Committee, they may continue to send complaints to the General Congress.  The final decision is made by the General Congress.

Article 11. Date on which organizations/individuals become members

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Article 12. Membership termination

1. A member of VCCI shall have its membership terminated if:

a) That member’s operations are suspended or terminated;

b) That member is dissolved or goes bankrupt;

c) That member dies or goes missing as per the law;

d) That member is liable to a criminal sentence;

dd) That member is no longer eligible for membership of VCCI according to regulations in Article 7 of this Charter and law on associations;

e) That member voluntarily ceases to be a member of VCCI;

2. A member of VCCI shall be expelled under the decision of the Standing Committee in case:

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b) That member conducts activities against purposes of VCCI, thereby causing damage to the reputation or finance of VCCI.

3. The member that is expelled according to Clause 2 of this Article may file complaints and send them to the Inspection Committee.  In case of complainants disagree with the complaint handling decision of the Inspection Committee, they may continue to send their complaints to the Congress.  The final decision is made by the Congress.

If that member voluntarily ceases to be a member of VCCI according to Point dd, Clause 1 of this Article, an official notification shall be sent to the Standing Committee.

In cases specified in Points a, b, c and d Clause 1 of this Article, the membership of VCCI shall terminate.

Article 13. Other issues related to membership

1. Members of VCCI may transfer their membership if they meet the conditions applicable to membership to which they wish to transfer according to this Charter and regulations of law.

Any member of VCCI who wishes to transfer their membership shall send an application to the Standing Committee. The Standing Committee decides to recognize new membership in case of transfer to full membership or associate membership. The Standing Committee requests the Executive Committee to decide transfer to honorary membership.

2. If a new organization is established on the basis of division, separation, consolidation, merger, renaming, or rearrangement of an organization that is a member of VCCI and satisfies all conditions specified in Article 7 of this Charter, the new organization is automatically a member of VCCI after a written notification is sent to the Standing Committee.

3. Members of business associations that are full members of VCCI are automatically associate members of VCCI if they meet the conditions specified in Article 7 of this Charter and there is no objection, and unless otherwise provided for by the Charters of the relevant business associations.

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ORGANIZATION AND OPERATION

Article 14. Organizational structure

VCCI is composed of: 

1. National General Congress (hereinafter referred to as “Congress”).

2. Executive Committee.

3. Standing Committee.

4. Inspection Committee.

5. Specialized units; domestic and foreign branches and representative offices; affiliated organizations; other organizations established by VCCI in accordance with regulations of law.

Article 15. Congress

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

3. The Congress consists of official delegates elected by the regional member conferences among full members, official delegates as prescribed in Clause 4 of this Article, some official delegates who are full-time officials of VCCI and delegates designated and invited by the Executive Committee if necessary. Number and structure of delegates shall be decided by Executive Committee according to the proportion of members in the regions.

4. Members of the Executive Committee of the immediately preceding term are automatically official delegates at the Congress of the following term.

Article 16. Tasks of the Congress

1. The term-based Congress has the following tasks:

a) Discuss and approve the final report, directions and tasks of VCCI for the next term; term review report of the Executive Committee and Inspection Committee; and financial report of the immediately preceding term;

b) Discuss and approve amendments (if any) to the Charter, renaming, division, separation, merger, consolidation and dissolution of VCCI;

c) Elect the Executive Committee; the Inspection Committee;

d) Discuss and decide other issues related to operations of VCCI and members;

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e) Perform other tasks under the authority of the Congress.

2. The extraordinary congress shall be responsible for settling organizational and operational issues of VCCI that are beyond the authority of the Executive Committee.

Article 17. Convening the Congress

1. When convening the term-based Congress, the Executive Committee shall notify parliamentary procedure, draft documents, decide the number and structure of delegates and instruct members to elect delegates for at least 30 days before the Congress.

2. When convening the term-based Congress, the Executive Committee shall notify parliamentary procedure, draft documents, decide the number and structure of delegates and instruct members to elect delegates at least 15 days before the Congress is officially held.

3. Convening the extraordinary Congress and parliamentary procedure shall be announced at least 15 days before the Congress is officially held. Extraordinary Congress delegates are delegates elected to attend the Congress of the immediately preceding term.

Article 18. Voting principles of the Congress

1. The Congress may vote by show of hands or secret ballot; the form of voting shall be decided by the Congress;

2. 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 Clause 3 of this Article;

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a) Amendments to the Charter;

b) Consideration and resolution to complaints about refusal to recognize membership according to Article 10 of this Charter;

c) Consideration and resolution to complaints about expulsion from membership according to Clause 3 Article 12 of this Charter;

d) Renaming, division, separation, merger, consolidation, dissolution and liquidation of assets of VCCI

Article 19. Executive Committee

1. The Executive Committee is elected by the Congress among official delegates of the Congress according to Article 15 of this Charter and consists of representatives of full members and full-time officials of VCCI.  The Executive Committee is the governing body of VCCI between the two Congresses.

2. The number of members of the Executive Committee shall be decided by the Congress and at least 3/4 of the members are representatives of full members.  During the operation, the number of members of the Executive Committee may be added according to its decision but must not exceed 30% of the number of members decided by the Congress.

3. The Executive Committee consists of:

a) A President;

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c) Secretary General; 

d) Members.

The President, Vice Presidents and Secretary General are leadership titles of VCCI, elected by the Executive Committee among the Executive Committee members.

4. Members of the Executive Committee may be dismissed ahead of time under the decision of the Extraordinary Congress or if at least 2/3 (two-thirds) of the Executive Committee members give approval.

5. If a member of the Executive Committee who is a full-time official of VCCI cannot continue to perform his or her tasks for various reasons before the term has ended, the Standing Committee will elect a replacement.

In case a member of the Executive Committee who is a representative of a full member of VCCI retires, is suspended from work or cannot continue to perform his or her tasks for other reasons before the term has ended, the organization with that representative shall notify the Standing Committee and have the right to elect a replacement within 30 days after one of the above-mentioned cases occurs. If the organization with that representative does not elect a replacement before the prescribed deadline, the Standing Committee will elect a replacement.

The replacement elected by the Standing Committee may only be recognized as a member of the Executive Committee when more than 1/2 of the total Executive Committee members give approval by one of the decision-making methods specified Article 21.

Article 20. Tasks and powers of Executive Committee

The Executive Committee has the following tasks and powers:

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2. Decide work program and annual budget plan of VCCI, and promulgate regulations on issues related to membership fees.

3. Decide the establishment, operation and dissolution of councils and committees of the Executive Committee.

4. Elect the President, Vice Presidents, Secretary General, nominate the Standing Committee; elect additional members of the Executive Committee and members of the Inspection Committee of VCCI.

5. Supervise operations of the Standing Committee.

6. Prepare contents and issues on organization for the term-based and extraordinary Congresses.

7. Decide to invite organizations and individuals to participate in committees of the Executive Committee, and invite honorary members of VCCI.

8. Decide replacement, additional election, dismissal, and removal of members of the Executive Committee between two Congresses according to Clauses 2, 4, 5, Article 19 of this Charter.

9. Decide replacement, additional election, dismissal, and removal of members of the Inspection Committee between two Congresses according to operating regulations of the Executive Committee and the Inspection Committee.

10. Consider members' opinions and recommendations, provide information and send recommendations to state agencies and other organizations.

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1. The Executive Committee shall organize meetings at least once every 6 months upon an invitation sent by the President of VCCI at least 07 working days in advance. The Executive Committee’s meeting is valid when more than 1/2 (one-half) of the Executive Committee members attend the meeting;

2. The Executive Committee approves Decisions under its authority by voting at the meeting or seeking written consultation Decisions of the Executive Committee are adopted when more than 1/2 (one half) of the total Executive Committee members give approval therefor.  Decision to convene an extraordinary Congress may only be adopted when at least 2/3 of the total Executive Committee members give approval therefor.

3. Pursuant to the Charter, Resolutions and decisions of the Congress, the Executive Committee issues operating regulations of the Executive Committee and the Standing Committee and assigns tasks to members. Unless otherwise provided for by this Charter, members of the Executive Committee may only carry out activities and transactions in the name of VCCI when the President of VCCI gives written authorization.

Article 22. Standing Committee.

1. The Standing Committee is elected by the Executive Committee among the Executive Committee members who are full-time officials of VCCI.  The Standing Committee consists of a President, full-time Vice Presidents, General Secretary and its members.

2. The Standing Committee is the standing authority of the Executive Committee which directly directs and manages operations of VCCI between two meetings of the Executive Committee.

3. The Standing Committee has the following tasks:

a) Organize the implementation of Resolutions and Decisions of the Congress and the Executive Committee;

b) Manage and implement regular affairs of VCCI; decide to appoint and dismiss Deputy General Secretaries, leaders of specialized units, branches, representative offices, affiliated organizations, and other organizations of VCCI; supervise operations of organizations of VCCI;

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d) According to the opinions of the Executive Committee, promulgate operating regulations and internal regulations of VCCI;

dd) Prepare contents for meetings held by the Executive Committee;

e) Request the Executive Committee to invite organizations and individuals to participate in committees and councils established by the Executive Committee; request the Executive Committee to invite honorary members of VCCI;

g) Perform other tasks assigned by Executive Committee.

4. The Standing Committee shall report on performance of its tasks to the Executive Committee.

Article 23. President, Vice President and Secretary General

1. The President is the legal representative of the VCCI and is responsible for all operations of VCCI.  The President is the head of the Standing Committee.

In the absence of the President, he/she shall authorize a Vice President to be responsible for direction and administration of VCCI’s affairs.

2. Vice Presidents are full-time Vice Presidents and part-time Vice Presidents. Full-time Vice Presidents are full-time officials of VCCI.  Vice Presidents are assigned by the President to assist the President to be in charge of some specific sectors.

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Article 24. Inspection Committee

1. The Inspection Committee consists of some members of the Executive Committee elected by the Congress for a term of 5 years. The Inspection Committee elects and dismisses the Head of the Inspection Committee.

2. The Inspection Committee shall be responsible for verifying the qualifications of delegates who attend the Congress; inspect the implementation of the VCCI’s Charter, Resolutions and Decisions of the Congress and the Executive Committee and reporting inspection results to the Executive Committee and the Congress.

3. The Inspection Committee shall consider resolving complaints from organizations, individuals, and members specified in Article 10 and Clause 3, Article 12 of this Charter.

4. Operating regulations of the Inspection Committee shall be decided by the Executive Committee

Article 25. Renaming, division, separation, merger, consolidation and dissolution

Renaming, division, separation, merger, consolidation and dissolution of VCCI shall comply with regulations of the law and this Charter.

Chapter V

ASSETS AND FINANCE

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1. VCCI has independent assets and finance and operates with financial autonomy in accordance with relevant regulations of law.

2. VCCI’s assets include head office and working equipment for VCCI’s operations and other lawful assets.  

Article 27. Revenues

VCCI’s revenues, including:

1. Entry and membership fees paid by members.

2.  Revenues from operations of VCCI, affiliated organizations and other organizations of VCCI.

3. State budget for performance of the tasks assigned by the State according to regulations of the law.

4. Fund raising activities, donations and contributions from associations, enterprises, domestic and foreign organizations and individuals.

5. Other legal revenues.

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VCCI uses its budget and assets for the following contents:

1. Expenditures on VCCI’s operations.

2. Expenditures on salaries and costs for facilities and operations of specialized units and organizations of VCCI.

3. Expenditures on expansion of operations at home and abroad in conformity with VCCI's functions and tasks according to regulations of law.

4. Other expenditures as prescribed by regulations of law and those specified in Clause 6 Article 29 of this Charter.

Article 29. Management of assets and finance

1. Management and use of finance and assets of VCCI shall follow the principles of publicity and transparency according to regulations of the law and this Charter.

2. VCCI’s assets and finance shall be used in such a way to follow guidelines and purposes, and fullfil rights and obligations of VCCI and shall not be divided among its members.

3. Management and use of assets and finance issued, provided, and assigned by the State to perform assigned tasks shall comply with regulations of law on state budget and other relevant laws.

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5. In case of division, separation, merger, consolidation and dissolution, VCCI’s finance and assets shall be settled according to regulations of law.

6. According to the opinions of the Executive Committee, the Standing Committee shall issue regulations on management and use of the VCCI’s budget and assets, ensuring the principles of publicity, transparency and thrift in accordance with regulations of law and this Charter.

7. The President of VCCI shall be responsible for managing its finance and assets.

Chapter VI

REWARDING AND DISCIPLINE IMPOSITION

Article 30. Rewarding

Organizations, units and individuals affiliated to VCCI, and members with outstanding achievements shall be rewarded or proposed for a reward by VCCI to competent authorities according to regulations of the law and rewarding regulations of VCCI.

Article 31. Discipline imposition

Any organization, unit or individual affiliated to VCCI, or member that violates this Charter, regulations and operating regulation of VCCI shall incur a disciplinary action by appropriate forms according to regulations on discipline imposition of VCCI.

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IMPLEMENTATION PROVISIONS

Article 32. Amendments to the Charter

Amendments to this Charter shall be decided by the Congress according to procedures specified in Clause 3 Article 18 of this Charter.

Article 33. Effect

1. This Charter was ratified by the 17^th National General Congress of VCCI on December 31, 2021 and comes into force according to the Prime Minister's Decision on approval.

2. From the date on which this Charter takes effect according to the Prime Minister's Decision on approval, VCCI shall perform its tasks and functions, be entitled to legitimate rights and benefits, and be responsible for obligations, unpaid debts, employment contracts and other obligations before renaming.