CHARTER OF ASSOCIATION
VIETNAM SEAPORTS ASSOCIATION
Article 1: Vietnam Seaports Association (hereinafter referred to as “Association”) is a career-associated organization of the sea ports, irrespective of the economic sectors, established on a volunteer basis to promote mutual co-operation, alliance, support and assistance to promote the career, improve the business efficiency and protect the economic interests of the members in the fields of port management, business and operations and on such basis to integrate in, co-ordinate and co-operate with similar activities of their colleagues in the world.
2.1:Vietnam Seaports Association was established following the approval of the Prime Minister in the letter No. 51/KTN dated 05/01/1994 and held the set up meeting on 15/8/1994 based on Decision No. 945-QÑ/TCCB-LD dated 25/6/1994 of the Minister of Transport and Communications.
2.2: The Association’s full name:
In Vietnamese : Hiep Hoi Cang Bien Viet Nam
In English : Vietnam Seaports Association
In brief : VPA
Article 3: The Association’s head office is in Ho Chi Minh City and representative office in Hai Phong. As required and unanimously approved by the Main Meeting, the Association can also open representative office(s) in other localities in Vietnam. As required and unanimously approved by the Main Meeting, approved by the International Association of Ports and Harbors (IAPH), and the related State authorities, the Association can appoint resident representative beside the International Association of Ports and Harbors.
Article 4: The Association is entitled to have its own bank account, seal; to have its own flag and logo as approved by the Main Meeting, to publish its internal periodicals “Newsletter on port management, business, operations.”
Article 5: The Association operates under the law of the SR of Vietnam and in accordance to the Charter of Association as unanimously approved by the Main Meeting and approved by the Minister of Transport and Communications. In its professional activities, the Association applies the professional recommendations, forms of documentation, contracts, papers widely published and circulated amongst the IAPH member countries.
Article 6: The Association co-ordinates the activities of its members with the aim to protect the economic and political interests and to promote the political position of the Vietnam sea ports, to build up the co-operation, mutual support and assistance between its members belonged to different economic sectors involved in port administration and operations, to contribute in raising the level of management and cargo handling operations at the Vietnam sea ports.
Article 7: The Association is to fully utilize all possible conditions, organization means to assist its members in upgrading and improving the facilities and equipment to meet the increasing requirements in handling the cargo volume through the sea ports and to apply the new method of business administration.
Article 8: The Association is to assist its members in training, vocational training, upgrading the professional qualification of the cadres, workers, young experts working in the fields of port management, business operations to meet the professional requirements of their colleagues in the world.
DUTIES AND RIGHTS
Article 9: 9.1 To have recommendations with the State and the related agencies and local authorities on policies, measures for development of the ports.
9.2 Regulate and resolve matters arising from the actual business activities between the members.
9.3 To provide conditions to foster the strengths of the members, to supplement and complete the conditions as well as the material and technical facilities serving the business activities of the ports.
9.4 To collect and supply the members with adequate information on related international ports, to inform the recommendations, information, documentation and contracting forms based on international practices.
9.5: To assist the members in approaching, adhering, participate in the activities of the related professional organizations as well as exchanges of professional information with the ports in the region as well as in the world.
9.6 To organize, manage, utilize and administer the funds of the Association.
9.7 To advice the State organizations in ratifying, adhering, contracting the international conventions relating to the activities of the sea ports.
Article 10: Entities, organizations of different economic sectors, irrespective of the administrative levels, who are licensed to operate in the fields of port administration and operations, accept to be abide by the Charter of the Association and apply voluntarily for membership and pay membership fees in full can be considered and recognized as members of the Association.
Article 11: Procedures, documents to be considered for membership consist of:
• Application for membership of the Association
• Copy certified by public notary of the Decision establishing the business enterprise
• Decision to open the port
Article 12: Organization wishing to be recognized as member is to submit application and documents as specified in Article 11 to the Executing Committee and should be agreed by at least 2/3 of the Committee members. The Executing Committee shall issue certificate of membership to the organization.
Article 13: Any member who does not to comply in full with the Charter of the Association, or has actions which are harmful to the Association activities may have its name crossed out from the list of members.
Article 14: Rights and obligations of members:
14.1. To comply strictly with the State law and the Charter as well as with other regulations of the Association.
14.2. To participate in the meetings of the Association, to discuss, vote on the related matters, to run for the administrative organs of the Association.
14.3. To pay membership fees and other dues as stipulated by the Association.
14.4. To receive adequate information on port administration, business, operations; to be assisted on economic, technical, professional aspects.
14.5. Members have the right to maintain in full the right in doing business, their legal interests in business activities shall be protected by the Association.
14.6. To be assisted by the Association in relations with foreign organizations, such as for visiting, study, attachments, training. Members are not allowed to act on the Association name to liaise with local or foreign organizations without being authorized by the Association to do so.
ORGANIZATION OF THE ASSOCIATION
Article 15: The organs of the Association consist of:
• The Main Meetings
• The Executing Committee
• The Permanent Secretariat of the Executing Committee
Article 16: The Main Meetings are the highest level of decision making of the Association to be held every two years and be responsible for:
• Discussing and approving recommendations to the State of the Association and matters relating to the sea ports.
• Discussing and approving orientation, duties, programs, plans, projects of the Association, and matters on international relations of the Association.
• Deciding measures to assist members in professional matters and business.
• Deciding on financial matters, rights and duties of members.
• Approving, amending the Charter of Association, electing or dismissing the members of the Executing Committee.
Article 17: The Main Meetings can only be carried out when at least 2/3 of the members are present. Decisions of the Main Meetings are to be made on the basis of relative majority. In particular, any amendment, addition to the Charter should be approved by at least 2/3 of the members present.
Article 18: On ad hoc requirements, the Main Meeting can be convened at the request of the Chairman of the Executing Committee or by the request of at least 2/3 of the members.
Article 19: Delegates to the Main Meetings should have the top position of the member organizations. If by any reason for not being able to attend, the top executive of the member organization may authorize (in writing) representative to attend on his/her behalf. The authorized delegates should have the full rights and responsibilities as the top executive of the member organization at the Main Meeting. Delegates may bring with them advisors, experts but these persons shall not have the right to vote.
Article 20: The Executing Committee of the Association
20.1. The Executing Committee executes all activities of the Association during the period between the two terms of Main Meetings. The term of the Executing Committee is 2 years. The Executing Committee consists of:
• 1 Chairman
• 2 Deputy Chairmen
• 1 Secretary General
• 2 Standing Members
The Secretary General is in charge of all activities of the Permanent Secretariat, to administer the daily works. The Permanent Secretariat consists of:
• 1 Permanent member
• 1 secretary
• Some experts, legal and professional advisors
The number and qualification of the experts are to be decided by the Executing Committee of the Association.
20.2. Members of the Executing Committee are de-facto delegates to the Main Meetings following their terms of office.
20.3. The members of the Executing Committee and the experts shall hold their office on appointment basis. However, these members are entitled to monthly allowance, travel allowance. The Executing Committee shall decide on the amount and method of payment.
20.4. The Executing Committee shall meet at least once every 6 months to review, assess the works and activities of the Association and of the Executing Committee.
Article 21: Duties of the Executing Committee:
21.1. To organize and follow up the implementation of the decisions of the Main Meetings as well as the decisions, programs of activities of the Association.
21.2. To prepare the study, proposals, rules of joint actions in the fields of doing business between the members.
21.3. To complete all formalities with the related Government organizations on sending representatives of the Association to official work, study, visit on a short term basis in foreign countries.
21.4. To organize the short-term courses, technical refreshing training to the staff, workers selected by the members.
21.5. To administer the finance and spending of the Association.
21.6. To do all preparation works for the Main Meetings.
FINANCE OF THE ASSOCIATION
Article 22: The main sources of income of the Association:
• Membership dues by members (regulated by the Executing Committee)
• Other incomes from the activities of the Association
• Financing from international organizations or from other foreign associations
• Financing from the State, if any.
Article 23: The Association shall use the main sources of income to:
• Cover costs of daily activities of the Association including the international activities
• Pay rental, power and water, transportation
• Pay salary, allowances to members of the Executing Committee, experts, advisors including travel costs
• Pay other costs
Article 24: The Chairman and Secretary General are the signatories of the Association’s bank account and directly administer the Association finance.
The Chairman and Secretary General are to notify the members of the financial accounts each year. The administration of finance and accounting should be in compliance with the rules and regulations on accounting, statistics promulgated by the State.
DISSOLUTION OF THE ASSOCIATION
Article 25: The Association shall be dissolved when proposed by at least 2/3 of the members and approved by the Minister of Transport and Communications. Prior to the dissolution, the Chairman and Secretary General of the Association have the duties to complete all outstanding works of the Association and report to the Minister of Transport and Communications for consideration and approval of dissolution.
Article 26: This Charter of Association consisting of 8 Chapters 26 Articles was unanimously approved by the Main Meeting on 15 August 1994 in Ho Chi Minh City.
Amendments of the Charter
– [15-member Executing Committee & 3 Vice Chair Persons]. By the selection of the VPA officials from the Executing Committee of the 5th Main Meeting, 8-9 November, 2004 – Can Tho, the number of Vice Chair persons was increased to 3 representing the 3 regions instead of 2 persons (Change in Item 20.1 of Article 20 on the Executing Committee of the Association) and the 15 members of the Executing Committee were elected by voting instead of 11.
– [3 Year Term of Executing Committee]. By the Decision of the 4th VPA Main Meeting in 2002 in Phan Thiet, the term of the Executing Committee was decided by 3 years instead of 2 (Change in Item 20.1 of Article 20 on the term of the Executing Committee of the Association)