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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

REGULATIONS OF
THE CULTURAL HERITAGE ASSOCIATION OF VIETNA
M

Chapter I: General Provisions

Article 1. Name, Logo

1. Official name: The Cultural Heritage Association of Vietnam

2. Name in English: The Cultural Heritage Association of Vietnam

3. Abbreviated name: CHAV

4. The Association shall have its logo and official song.

Article 2. Line, purpose, field of activities

The Cultural Heritage Association of Vietnam (hereafter referred to as Association) is a social, occupational association that assembles Vietnamese organizations, individuals operating occupation or having ardour fervour for cultural heritage in order to take part in protection and promoting cultural value, meeting the people’s cultural increasing demand in building and developing the advanced culture deeply stamped with national character of Vietnam, and contributing to the World cultural heritage treasure, in enhancing state administration efficiency, improving the People’s responsibilities to take part in protection and promoting cultural value in the spirit of the Law on Cultural Heritage.

Article 3. Scope of activities

The Association shall operate in the whole country under the State management and the patronage of Ministry of Culture - Information.
The Association shall have regular relation with organizations, individuals at home and abroad as specified by the Laws.

Article 4. General principles on organization and operation

The Association’s organization and operation shall be carried out in the principles: Voluntary, self-government, self-paying up expenditure; democratic centralism, collective leadership, individual responsibility, decision made by majority, observing regulations of the Law of Vietnam and the Association Regulations.
Article 5. Status of juridical person, head office
The Association shall operate independently, enjoy Status of juridical person, have its stamps (wet round stamp and small impressing stamp) and its own bank account. The Central National Association’s head office shall be located in Hanoi. The Association’s shall have its representative office in some provinces, cities directly under the Central Government and localities.

Chapter II : Duties, rights and obligations of the Association

Article 6. Duties of the Association

1. Assembling, uniting and pushing up cooperative relationship between organizations and individual members, pushing up exchange of information, theory, experience in realistic activities for protecting and promoting national cultural value;

2. Propagandizing, enhancing the people’s awareness, mobilizing organizations, individuals to take care of cultural heritage, pushing up the cause of socialization in order to mobile all resources to serve the cause of protecting and promoting cultural heritage value.

3. Guiding, refreshing, professionalism, enhancing knowledge on protecting cultural heritage value for the association members and heritage owners;

4. Assisting development of occupational activities of cultural heritages;

5. Studying, proposing the Party, State about policies, measures for protecting and promoting the value of national heritage;

6. Taking part in consulting, counter-arguing, supervising, assessing subjects, projects for protecting and promoting the value of national heritage as required by a competent state organ and the demand of organizations, individuals at home and abroad, participating or directly implementing subjects, projects for protecting and promoting the value of national heritage as required by a competent state organ.

7. Studying, applying, disseminating scientific and technological achievements for protecting and promoting the value of national heritage;

8. Establishing and expanding cooperation with foreign organizations, individuals for protecting and promoting the value of national heritage as specified by the Laws;

9. Protecting legal rights and benefits or the association members, taking part in the struggle for protection of legal rights and benefits of the cultural heritage of Vietnam toward international;

10. Propagandizing, mobilizing to develop new members.

Article 7. The rights and obligations of the Association
The rights and obligations of the Association of Cultural Heritage of Vietnam shall be carried out by the provision in Article 22 and Article 23, Decree No.88/2003/ND-CP dated 30/7/2003 issued by Government specifying the organization, operation and management of the Association.

The Cultural Heritage Association of Vietnam shall be entitled to set up organizations directly under the Association as specified by the Laws.

Chapter III : Association is members

Article 8. Association members

Vietnamese organizations, individuals that are legible to be an Association’s member as specified by the Association’s Regulations, voluntarily applies for joining the Association can become members of the Cultural Heritage Association of Vietnam. The members of the Cultural Heritage Association of Vietnam shall include official members and patron members.

1. Official members

a. Vietnamese citizens from 18 years old or higher, that are not in the period of tracking down criminal suit, have ardour - fervour for protecting and promoting the cultural heritage value, acknowledgement and voluntarily implement the Association’s Regulations.

b. Vietnamese juridical persons, that are not in the period of considering for winding up or bankrupt, that actively take part in protecting and promoting the cultural heritage value, acknowledgement and voluntarily implement the Association’s Regulations.

2. Patron members

Domestic organizations, businesses, individuals and joint-venture businesses, businesses with 100% foreign investment capital, operating in Vietnam, contributing to the Association operation could be considered by the Central Executive Committee of the Association for acknowledging as patron members.

Article 9. Obligations of the Association members

1. Strictly observing Association’s Regulations, resolutions, decisions of the Association organization;

2. Well completing the duties assigned by the Association;

3. Studying to enhance knowledge, capacity, political quality, occupational morals;

4. Maintaining unity, unification of the Association, protecting the prestige of the Association; actively taking part in development of members;

5. Operating and paying association fee as specified.

Article 10. The member's rights

1. Shall be granted Association Member Card;

2. Shall be entitled to ask the Association organizations for protecting their legal rights and benefits;

3. Running and nominating for election and voting the Association works;

4. Criticizing, inquiring, recommending operation of the Association organization and members;

5. Taking part in activities organized by the Association; shall be given priority for study, sightseeing museums, relics, beautiful landscapes, that are members organization of the Association; shall be appointed by the Association to travel for study tours, working at home and abroad when there are conditions;

6. Shall be supplied information and created conditions by the Association organizations in occupational activities related to protecting and promoting cultural heritage value.

Patron members shall have rights above, excluding the rights of running for election and voting the Association works.

Article 11. Termination of membership
The membership of the Cultural Heritage Association of Vietnam shall be terminated in the following cases:
1. Individuals lose the citizen right of Vietnam;
2. Individuals cease Vietnamese nationality;
3. Juridical person is subjected to winding up, bankrupt;
4. Do not pay association fee for 12 successive months or summate 18 months without proper reasons;
5. Submitting application for voluntarily leaving from the Association when terminating status of juridical person, members should give back their Association Member Card to the Association organization where they have been operating.

Chapter IV : The association organization


Article 12. Principles of the Association organization

1. The highest body of the Cultural Heritage Association of Vietnam shall be plenary Congress of delegates with the tenure of 5 year. The highest body of the lower Association organization shall be the congress of this organization, with the tenure of 5 years.

2. The leading organ of the Association organization between two tenures shall be the Executive Committee.

3. The standing Executive Committee of the Association organization and the Standing committee that shall lead the Association organization activities between two conferences of the Executive Committee.

4. The Executive Committee of the Association organization shall report and shall be responsible for its activities to the Congress of the same level and to the Executive Committee of the higher Association organization.

5. The Executive Committee and the Standing Executive Committee of the Association organization shall issue their resolutions to solve the works in competent scope. The resolution shall be valid for execution only when there are more than 1/2 (a half) of members that consent, suited to the Regulations of the Association and the Laws. The resolutions an Executive Committee, Standing Executive Board of an Association organization at lower level should be suited to the provisions and guidance of the Central Association.

Article 13. The Association organization

1. The Central Association and organizations directly under the Central Association;

2. Member associations (are local associations established as specified by the Law);

3. Base organizations of the Association shall be branches of the Association, joint branches of the Association, clubs etc.

Article 14. Principles of organizing congress

By 3 months at the latest before termination of the tenure, the present Executive Committee shall carry out preparation for the Congress.

1. Delegates attending the Congress shall include:

a. Members of the present Executive Committee;

b. Delegates elected by the Congress of lower Association organizations;

c. Delegates appointed by the present Standing Committee;

The Congress shall be eligible only when there are at least 2/3 (two third) of the number of delegates convened for attending.

2. The Congress contents:

a. Report on activities of the previous tenure and the direction of activities of the coming tenure;

b. Election of the Executive Committee of the coming tenure;

c. Amendment to the Association’s Regulation (if any);

d. Financial statement;

e. Other important documents.

3. Abnormal Congress shall be convened when there are at least 2/3 (two third) of the total number of the Executive Committee members or at least 1/2 (a half) the total number of members propose.

4. Principle of voting at the Congress:

a. The Congress can vote by the form of raising hands or ballot. The form of voting shall be decided by the Congress.

b. The voting to pass decisions at the Congress must be consented by more than 1/2 (a half) of official delegates present at the Congress.

Article 15. The Executive Committee if Association organizations

1. The Executive Committee shall be elected by the Congress of the Association organizations among official delegates of the Congress. The number of the Executive Committee members shall be decided by the Congress.

2. The result of election at the Congress of base Association organizations must be approved be the Executive Committee of the Cultural
Heritage Association of Vietnam.

3. In the tenure, the Executive Committee can vote further members but not over 25% (twenty five percent) of total members who have been voted by the Assembly.

4. For newly established units of the Association, the Standing Executive Board of the Cultural Heritage Association of Vietnam will directly appoint a provisional Executive Committee.

5. Any member of the Executive Committee who asks for relieving from his/ her office has to be approved be the Executive Committee.

6. The Executive Committee’s duties;

a. Electing leadership and Inspection Commission;

b. Assigning professional boards;

c. Instructing the implementation of the Association’s Regulations (if any);

e. Deciding to establish juridical organizations as stipulated by law;

f. Deciding working policy of the Standing Executive Board;

g. Preparing for periodical and irregular Assembly;

7. The Executive Committee meets periodically every six months and irregularly when the Standing Executive Board deems it necessary or more than one half of the Executive Committee’s members propose. The Executive Committee gives out Resolution which is valid when more than one half of members agree.

Article 16. Inspection Board

1. The Executive Committee elects the Inspection Board, which includes Head, Deputy Head and members. Number of the Inspection Board’s member is decided by the Executive Committee. The Inspection Board’s Head has to be member of the Executive Committee.

2. The Inspection Board operates under collective policy and the Executive Committee leadership.

3. The Inspection Board has duties of:

a. Inspecting franchise as per standards and duties of members;

b. Inspecting realization of the Association’s Regulations, resolutions of the Assembly and of the Executive Committee;

c. Testing award and punish;

d. Testing financial collection and expenditure;

e. Settling claims and accusation;

Article 17. Standing Executive Board of the Association

1. The Standing Executive Board of the Association includes: Honorable President, President, Deputy Standing President, Deputy Presidents and General Secretary.

2. Duties:

a. Leading the Association’s operation, implementing and inspecting the realization of the Association’s Regulations, resolutions of the Assembly and the Association’s Executive Committee meetings;

b. Making decision on summoning and preparing agenda of the Association’s Executive Committee meetings;

c. Directing establishment and development of the Association. Making decision on matters relating organization and personnel of the Association. Making decision on member card issue.

d. Making decision on award;

e. Making decision on reorganizing patron members of the Association;

f. Reporting activities to the Association’s Executive Committee.

3. The Standing Executive Board meets periodically every one months and irregularly in case of necessity. The Standing Executive board issues resolution which is valid when more than one half of its members agree.

Article 18. President of the Cultural Heritage Association of Vietnam

1. Honorable President is voted by the National Representative Assembly of the Cultural Heritage Association of Vietnam.

2. President is Head of the Association. President assigns the Association’s works to Deputy Presidents. When president is absent, Standing Deputy President implements President’s tasks.

3. Tenure of President and Deputy President is decided as per tenure of the Standing Executive Board. President continues doing his tasks until a new President is voted by new Standing Executive Board.

4. President’s task;

a. Chairing meetings of the Standing Executive Board and the Association’s Executive Committee;

b. Signing resolutions of the Association’s Executive Committee and the Standing Executive Board;

c. Signing documents on the basis of resolutions of the Executive Committee and Standing Executive Board that stipulates function, duties, authorizations, organizational structure and decisions of appointment, suspension and dismission toward heads of the Association’s affiliated organizations and memberships.

Article 19. General Secretary of the Cultural Heritage Association of Vietnam

General Secretary is person who manages daily operation of the Association. His tenure is as per one of the Standing Executive Board. General Secretary’s tasks are:

1. Regulating and collaborating daily activities and public relations of the Association;

2. Leading works of the Association Office. Organizing management and use of finance and properties of the Association;

3. Helping the Standing Executive Board supervise and speed up development of the Association and its affiliated organizations, preparing contents to be submitted to the Standing Board and the Executive Committee of the Association;

4. Signing administrative and cooperative documents with the Association-related organizations and individuals and other documents as assigned by Standing Executive Board or the President.

Article 20. The Association-affiliated organizations

They include:

1. The Association Office;

2. Professional Boards;

3. Mouthpiece agencies;

4. Cultural Heritage Fund of the Association;

5. Administrative units, enterprises and other organizations as stipulated by law.

Chapter V : Finance and Property of the Association


Article 21. Finance and Property of the Association

The Association’s Finance and property include:

1. Subscription paid by members;

2. Property and financial support of the State;

3. Property, presents and financial aid from organizations and individuals.

4. Budget collected from legal non-profitable activities;

5. Other legal receivables.

Article 22. Management and use of the Association's finance and property

The Association’s Executive Committee uniformly stipulates principles and policies for managing finance and property of the Association, rate of subscription to be paid by members. The Association’s Executive Committee annually receives reports and make decision on financial tasks of the Association.

Article 23. Solving finance and property when the Association disintegrates

Finance and property when the Association disintegrates are solved as per regulated at Article 10 of Decree No. 88/2003/ND-CP dated 30th July 2003 by the Government stipulating the Association’s organization, operation and management and Resolution of the Association’s Executive Committee.

Chapter VI : Awards and settlement toward breach


Article 24. Awards

1. Members and organizations or individuals who have contributed to the Association’s activities and the protection and development of cultural heritage value are awarded and recommended for State award.

2. Form of ward of the Association:

- Commemoration certificate;

- Certificate of merit;

- Commendation certificate;

- Other forms.

Article 25. Settlement toward breach

1. Any member who breaches the Association’s Regulations will be solved by:

a. Reprimanding

b. Warning

c. Dismissing from office in the Association

d. Expelling from the Association

2. Any Association branches or affiliated organizations who breach disciplines will be solved by:

a. Reprimanding

b. Warning

c. Disbanding

Chapter VII : Execution of the association’s regulations


Article 26. Execution of the Association's Regulations

The Association and its members have to observe strictly the Association’s Regulations which is only revised and supplemented by National Representative Assembly of the Association.

The Association’s Executive Committee is responsible for stipulating in details and instructing the realization of the Association’s Regulations.

Article 27. Execution validity

The Regulations of the Cultural Heritage Association of Vietnam, which comprises of 7 chapters including 27 articles, was adopted on 26th June 2004 by Establishment Assembly of the Cultural Heritage Association of Vietnam and comes into valid as per the Approval Decision by Minister of Interior.


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Cập nhật ngày Thứ ba, 01 Tháng 3 2016 17:03
 
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