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CHARTER
OF ASSOCIATION
VIETNAM SEAPORTS ASSOCIATION
CHAPTER I
GENERAL PRINCIPLES
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.
Article 2:
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.
CHAPTER II
OBJECTIVES
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.
CHAPTER III
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.
CHAPTER IV
MEMBERS
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.
CHAPTER V
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.
CHAPTER VI
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.
CHAPTER VII
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.
CHAPTER VIII
FINAL PROVISION
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.
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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)
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